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Immigration Legislation and Issues in the 109th Congress [Updated September 21, 2006]
"Security concerns are figuring prominently in the development of and debate on immigration legislation in the 109th Congress. In May 2005, the REAL ID Act became law as Division B of P.L. 109-13. It contains a number of immigration and identification document-related provisions intended to improve homeland security. Among these are provisions to make changes to the Immigration and Nationality Act (INA) with respect to asylum and other forms of relief from removal; to expand the terrorism-related grounds for alien inadmissibility and deportation; and to set standards for state-issued drivers' licenses and personal identification cards, if such documents are to be accepted for federal purposes. The security-related issue of immigration enforcement remains on Congress's agenda. H.R. 4437, as passed by the House, contains provisions on border security, the role of state and local law enforcement, employment eligibility verification and worksite enforcement, smuggling, detention, and other enforcement-related issues. In addition to these provisions, H.R. 4437 contains significant and, in some cases, highly controversial provisions on unlawful presence, voluntary departure and removal, expedited removal, and denying U.S. entry to nationals from uncooperative countries. Despite efforts by some House Members to amend H.R. 4437 to establish new guest worker programs, the bill does not contain any such provisions. The House has also passed narrower security-related measures, including H.R. 4830, H.R. 6061, H.R. 6094, and H.R. 6095."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen; Siskin, Alison; Bruno, Andorra
2006-09-21
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Immigration: Policy Considerations Related to Guest Worker Programs [Updated April 21, 2005]
"At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A program and other guest workers enter through the H-2B program. Employers interested in importing workers under either program must first apply to the U.S. Labor Department for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Other requirements of the programs differ. Bills before the 109th Congress propose to make changes to the H-2A program (S. 359/H.R. 884) and the H-2B program (S. 278, S. 352/H.R. 793). S. 359/H.R. 884 also would establish a mechanism for certain foreign agricultural workers to become U.S. legal permanent residents (LPRs). Other guest worker legislation is expected to be introduced later in this Congress. Various guest worker measures were introduced in the 108th Congress, but they saw no action beyond committee referrals. President George W. Bush proposed a new expanded guest worker program in January 2004 when he announced his principles for immigration reform. The President featured his proposal in his 2004 and 2005 State of the Union addresses. The current discussion of guest worker programs takes place against a backdrop of historically high levels of unauthorized migration to the United States."
Library of Congress. Congressional Research Service
Bruno, Andorra
2005-04-21
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Iraqi Refugees and Internally Displaced Persons: A Deepening Humanitarian Crisis? [October 3, 2007]
"The humanitarian crisis many feared would take place in March 2003 as a result of the war in Iraq continues to unfold as a result of post-war insurgency and sectarian violence. It is estimated that in total (including those displaced prior to the war) there may be as many as 2 million Iraqi refugees who have fled to Jordan, Syria, and other neighboring states, and approximately 2.2 million Iraqis who have been displaced within Iraq itself. The violence and insecurity resulting from the ongoing sectarian strife, terrorism, and insurgency in Iraq has had a marked impact on civilian displacement in different parts of the country. Many of Iraq's neighbors fear that they are being overwhelmed by refugees fleeing over Iraq's borders. There are now heightened concerns about the absorptive capacity of neighboring countries, whether they can provide adequately for the populations moving across borders, and the impact of refugee flows on stability in general. Some experts think that the Iraq situation could well begin to outpace other refugee crises worldwide. This report provides an analysis of the current crisis, including the conditions for those displaced in Iraq and the refugee situations in Syria, Jordan, and elsewhere. It also provides information on the U.S. and international response and examines refugee resettlement options in the United States. Aspects of this crisis that may be of particular interest to the 110th Congress include a focus on an immediate response (providing humanitarian relief funding), examining resettlement policies, and developing a strategy to manage the displaced, particularly within Iraq."
Library of Congress. Congressional Research Service
Sharp, Jeremy Maxwell; Margesson, Rhoda; Bruno, Andorra
2007-10-03
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North Korean Refugees in China and Human Rights Issues: International Response and U.S. Policy Options [September 26, 2007]
"This report examines both the situation of North Korean refugees in China and human rights issues because they are frequently raised simultaneously, particularly in a congressional context. Although the issues surrounding those North Koreans seeking to leave their country and the situation for those who remain inside its borders pose different questions and may call for separate responses, both also focus on the regime in Pyongyang. Critics of the North Korean government have raised both issues together to put pressure on the regime, particularly when nuclear weapons program negotiations stalled, Some advocates decry the practice of linking refugee and human rights issues, claiming that former calls for a quieter, cooperative approach, while the latter requires a more outspoken response to the North Korean government's practices. Although some policy experts insist the United States has a moral imperative to stand up for he oppressed, others say that this creates obstacles in the nuclear disarmament negotiations. In 2007, the Bush administration entered into bilateral talks with North Korea and linked the prospect of diplomatic relations and Pyongyang's re-entry into the international community with only the nuclear issue, leaving out human rights and refugee concerns."
Library of Congress. Congressional Research Service
Margesson, Rhoda; Bruno, Andorra; Chanlett-Avery, Emma
2007-09-26
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Immigration: Policy Considerations Related to Guest Worker Programs [Updated May 31, 2005]
"At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A visa program and other guest workers enter through the H-2B visa program. Employers interested in importing workers under either program must first apply to the U.S. Labor Department for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Other requirements of the programs differ. The 109th Congress has enacted language as part the FY2005 Emergency Supplemental Appropriations Act (P.L. 109-13) to revise the H-2B program. Other bills before the 109th Congress propose to make changes to the H-2A program (S. 359/H.R. 884) and the H-2B program (S. 278), and to establish new temporary worker visas (S. 1033/H.R. 2330). S. 359/H.R. 884 and S. 1033/H.R. 2330 also would establish mechanisms for certain foreign workers to become U.S. legal permanent residents (LPRs). Other guest worker legislation is expected to be introduced later in this Congress. Various guest worker measures were introduced in the 108th Congress, but they saw no action beyond committee referrals. President George W. Bush proposed a new expanded guest worker program in January 2004 when he announced his principles for immigration reform. The President featured his proposal in his 2004 and 2005 State of the Union addresses."
Library of Congress. Congressional Research Service
Bruno, Andorra
2005-05-31
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Immigration Legislation and Issues in the 106th Congress [Updated December 5, 2000]
"As the year-end business of the 106th Congress progresses, the top immigration issue is whether amnesty should be extended to certain aliens in the U.S., including certain Guatemalans, Hondurans, Salvadorans, Haitians, and Liberians. Consideration of this amnesty is holding up enactment of the FY2001 Commerce, Justice, State appropriations bill (H.R. 4690). The White House warns of a veto if amnesty is not provided. The amnesty favored by the Administration is derived from several broader 'Latino Fairness' proposals. The CJS bill that passed as part of H.R. 4249 includes an alternative proposal offered by Republicans. The top immigration issue before Congress had been the admission of temporary foreign professional workers, commonly known as H-1B nonimmigrants. Despite enactment of legislation in 1998 to increase the number of H-1B nonimmigrants, many in the business community urged that the ceiling be increased again. On October 3, 2000, the Senate and House passed S. 2045, the 'American Competitiveness in the Twenty-first Century Act of 2000,' which would add an additional 297,500 H-1B visas over FY2000- FY2002. S. 2045 also would eliminate the per-country ceilings for permanent employment-based admissions and would expand worker training programs in technology-related skills and educational programs in math, science, and technology. The President signed P.L. 106-313 Oct. 17. Legislation pertaining to H-2A temporary alien agricultural workers is also before Congress. A provision intended to expedite the Labor Department's processing of H-2A labor certification applications has been enacted (P.L. 106-78)."
Library of Congress. Congressional Research Service
Krouse, William J.; Wasem, Ruth Ellen; Bruno, Andorra
2000-12-05
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Consular Identification Cards: Domestic and Foreign Policy Implications, the Mexican Case, and Related Legislation [Updated May 26, 2005]
From the Summary: "The current debate about consular identification cards in the United States has centered around the matrícula consular, the consular identification card issued by Mexican consulates to Mexican citizens in the United States. In May 2003, the Treasury Department issued regulations allowing acceptance of the cards as proof of identity for the purpose of opening a bank account, and the cards are accepted for other purposes as well, including issuance of drivers licenses."
Library of Congress. Congressional Research Service
Bruno, Andorra; Storrs, K. Larry (Keith Larry), 1937-
2005-05-26
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Immigration Legislation and Issues in the 109th Congress [Updated June 9, 2006]
"Security concerns are figuring prominently in the development of and debate on immigration legislation in the 109th Congress. In May 2005, the REAL ID Act became law as Division B of P.L. 109-13. It contains a number of immigration and identification document-related provisions intended to improve homeland security. Among these are provisions to make changes to the Immigration and Nationality Act (INA) with respect to asylum and other forms of relief from removal; to expand the terrorism-related grounds for alien inadmissibility and deportation; and to set standards for state-issued drivers' licenses and personal identification cards, if such documents are to be accepted for federal purposes."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen; Siskin, Alison; Bruno, Andorra
2006-06-09
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [October 27, 2010]
"Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 111th Congress, there may be an effort to enact a measure, commonly referred to as the 'DREAM Act,' to enable certain unauthorized alien students to legalize their status. Unauthorized aliens in the United States are able to receive free public education through high school. They may experience difficulty obtaining higher education, however, for several reasons. Among these reasons is a provision enacted in 1996 that prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of 'in-state' residency status for tuition purposes. Unauthorized alien students also are not eligible for federal student financial aid. More broadly, as unauthorized aliens, they are not legally allowed to work and are subject to being removed from the country. Multiple bills have been introduced in recent Congresses to address the unauthorized student population. Most have proposed a two-prong approach of repealing the 1996 provision and enabling some unauthorized alien students to become U.S. legal permanent residents (LPRs) through an immigration procedure known as cancellation of removal. Bills proposing this type of relief for unauthorized students are commonly referred to as the DREAM Act. While there are other options for dealing with this population, this report deals exclusively with the DREAM Act approach in light of the widespread congressional interest in it."
Library of Congress. Congressional Research Service
Bruno, Andorra
2010-10-27
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [September 22, 2010]
"Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 111th Congress, there may be an effort to enact a measure, commonly referred to as the 'DREAM [Development, Relief, and Education for Alien Minors] Act,' to enable certain unauthorized alien students to legalize their status. Unauthorized aliens in the United States are able to receive free public education through high school. They may experience difficulty obtaining higher education, however, for several reasons. Among these reasons is a provision enacted in 1996 that prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of 'in-state' residency status for tuition purposes. [...] More broadly, as unauthorized aliens, they are not legally allowed to work and are subject to being removed from the country. Multiple bills have been introduced in recent Congresses to address the unauthorized student population. Most have proposed a two-prong approach of repealing the 1996 provision and enabling some unauthorized alien students to become U.S. legal permanent residents (LPRs) through an immigration procedure known as cancellation of removal. Bills proposing this type of relief for unauthorized students are commonly referred to as the DREAM Act. While there are other options for dealing with this population, this report deals exclusively with the DREAM Act approach in light of the widespread congressional interest in it."
Library of Congress. Congressional Research Service
Bruno, Andorra
2010-09-22
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Unauthorized Employment in the United States: Issues, Options, and Legislation [March 2, 2009]
From the Summary: "As immigration reform and the illegal alien population have gained congressional and public attention in the past several years, the issue of unauthorized employment has come to the fore. It is widely accepted that most unauthorized aliens enter and remain in the United States in order to work. Thus, eliminating employment opportunities for these aliens has been seen as key to curtailing unauthorized immigration. [...] A variety of options has been put forth to curtail unauthorized employment and related practices, a selection of which is discussed in this report. Some of these options would build on the current employment eligibility verification system; these include making electronic verification mandatory, increasing existing penalties, or increasing resources for worksite enforcement. Others represent new approaches to address unauthorized employment, such as shifting responsibility for employment eligibility verification from employers to the federal government. Multiple bills related to unauthorized employment have been introduced in the 111th Congress. Among them, the Omnibus Appropriations Act, 2009 (H.R. 1105), as introduced and as passed by the House, includes a provision to extend E-Verify through September 30, 2009. [...] This report will be updated as developments warrant."
Library of Congress. Congressional Research Service
Bruno, Andorra
2009-03-02
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Immigration-Related Worksite Enforcement: Performance Measures [December 2, 2008]
"According to 2006 estimates, there are some 7.8 million unauthorized workers in the U.S. civilian workforce. DHS's U.S. Immigration and Customs Enforcement (ICE) is responsible for immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA). The INA §274A provisions […] make it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is not authorized to be so employed. Today, ICE's worksite enforcement program is focused primarily on cases that involve critical infrastructure facilities and cases involving employers who commit 'egregious violations' of criminal statutes and engage in worker exploitation. Employers who violate INA prohibitions on the unlawful employment of aliens may be subject to civil monetary penalties and/or criminal penalties. […] Various measures are available to examine the performance of ICE's worksite enforcement program. They include Final Orders for civil monetary penalties, administrative fines, administrative arrests, criminal arrests, criminal indictments and convictions, and criminal fines and forfeitures. In recent years, ICE has generally focused less on administrative fines and more on administrative and criminal arrests, criminal prosecutions, and criminal fines and forfeitures. The data presented here show increases in these latter measures in recent years."
Library of Congress. Congressional Research Service
Bruno, Andorra
2008-12-02
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [June 19, 2012]
"On June 15, 2012, the Obama Administration announced that certain individuals who were brought to the United States as children and meet other criteria would be considered for relief from removal. Under the memorandum, issued by Secretary of Homeland Security Janet Napolitano, these individuals would be eligible for deferred action1 for two years, subject to renewal, and could apply for employment authorization. The eligibility criteria for deferred action under the June 15, 2012, memorandum are (1) under age 16 at time of entry into the United States; (2) continuous residence in the United States for a least five years immediately preceding the date of the memorandum; (3) in school, graduated from high school or obtained general education development certificate, or honorably discharged from the Armed Forces; (4) not convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, and not otherwise a threat to national security or public safety; and (5) age 30 or below. These eligibility criteria are similar to those included in DREAM Act [Development, Relief, and Education for Alien Minors Act] bills discussed below. The deferred action process set forth in the June 15, 2012, memorandum, however, would not grant eligible individuals a legal immigration status."
Library of Congress. Congressional Research Service
Bruno, Andorra
2012-06-19
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [December 3, 2013]
"Multiple DREAM Act [Development, Relief, and Education for Alien Minors Act] bills have been introduced in recent Congresses to address the unauthorized student population. Most have proposed a two-prong approach of repealing the 1996 provision and enabling some unauthorized alien students to become U.S. legal permanent residents (LPRs) through an immigration procedure known as 'cancellation of removal'. While there are other options for dealing with this population, this report deals exclusively with the DREAM Act approach in light of the considerable congressional interest in it. In the 111th Congress, the House approved DREAM Act language as part of an unrelated bill, the Removal Clarification Act of 2010 (H.R. 5281). The Senate, however, failed to invoke cloture on a motion to agree to the House-passed DREAM Act amendment, and the bill died at the end of the Congress. The House-approved language differed in key respects from earlier versions of the DREAM Act. Bills to legalize the status of unauthorized alien students were again introduced in the 112th Congress. In 2012, in the absence of congressional action on DREAM Act legislation, the Obama Administration announced that certain individuals who entered the United States as children and meet other criteria would be considered for relief from removal."
Bruno, Andorra
2013-12-03
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DACA and DAPA Deferred Action Initiatives: Frequently Asked Questions [February 15, 2017]
"The future of the Deferred Action for Childhood Arrivals (DACA) program and the proposed Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, two Obama Administration initiatives, is uncertain under President Donald Trump. As of the date of this report, the Trump Administration has not taken action on these initiatives. The DACA program was established in June 2012, when the Department of Homeland Security (DHS) announced that certain individuals without a lawful immigration status who were brought to the United States as children and met other criteria would be considered for relief from removal for two years. To request consideration of DACA, an individual must file specified forms with DHS's U.S. Citizenship and Immigration Services (USCIS) and pay associated fees. As of the date of this report, the DACA program is ongoing. USCIS's decision on a DACA request is discretionary. The agency makes determinations on a case-by-case basis. Individuals granted DACA may receive employment authorization. DACA recipients are not granted a lawful immigration status and are not put on a pathway to a lawful immigration status. They are, however, considered to be lawfully present in the United States during the period of deferred action. [...] The separate DAPA program was proposed by the Obama Administration in November 2014 to provide temporary relief from removal for certain parents of U.S. citizen or LPR [lawful permanent resident] children. Its implementation was blocked in the federal courts. It remains to be seen how this litigation may be affected by the change in administration."
Library of Congress. Congressional Research Service
Bruno, Andorra
2017-02-15
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Immigration Legislation and Issues in the 110th Congress [October 1, 2007]
"Comprehensive immigration reform was the subject of much discussion at the start of the 110th Congress. In the spring of 2007, the Senate considered several broad immigration reform measures aimed at addressing a host of perceived problems with the U.S. immigration system. These measures combined border security and interior enforcement provisions with provisions on temporary workers, permanent admissions, and unauthorized aliens. In June 2007, the Senate voted on a motion to invoke cloture on one of these measures (S. 1639), which, if approved, would have ultimately brought the bill to a vote. The motion failed, however, and the bill was subsequently pulled from the Senate floor. It is unclear whether the 110th Congress will again take up comprehensive immigration reform legislation. […] Among the other immigration-related issues that the 110th Congress may address are state and local enforcement of immigration laws, employment eligibility verification and worksite enforcement, Iraqi refugees, and documentary requirements for admission. At the same time, the 110th Congress has enacted some immigration-related provisions. Among them are refugee-related provisions included in the FY2007 Revised Continuing Appropriations Resolution; the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act; and a measure to increase the number of Iraqi and Afghani translators and interpreters who may be admitted to the United States as special immigrants. The 110th Congress also has enacted provisions on border security and the Visa Waiver Program as part of a law providing for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States. This report discusses these and other immigration-related issues that have seen legislative action or are of significant congressional interest. […]"
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen; Siskin, Alison; Bruno, Andorra
2007-10-01
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Unauthorized Childhood Arrivals: Legislative Activity in the 115th Congress [March 22, 2018]
"Unauthorized childhood arrivals is a general term used to describe foreign nationals who as children were brought to live in the United States by their parents or other adults. Sometimes referred to as Dreamers, they represent a subset of the larger unauthorized alien population in the United States. Many observers view them more sympathetically than other unauthorized aliens because they do not consider them responsible for their unlawful status, and they support establishing a process for them to obtain legal immigration status. Others, however, argue that unauthorized childhood arrivals should not be afforded any special treatment under the immigration system."
Library of Congress. Congressional Research Service
Bruno, Andorra
2018-03-22
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Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions [September 06, 2017]
"On September 5, 2017, Attorney General Jeff Sessions announced that Deferred Action for Childhood Arrivals (DACA), an Obama Administration initiative, was being rescinded. A related memorandum released by the Department of Homeland Security (DHS) that same day rescinded the 2012 memorandum that established the DACA process. DACA was created to provide temporary relief from removal from the United States for individuals without a lawful immigration status who were brought to the United States as children and met other criteria. Under the DACA process, both initial grants of deferred action and renewals are issued for a period of two years. In addition to rescinding the 2012 DACA memorandum, the September 2017 memorandum states that DHS will 'execute a wind-down' of DACA, during which it will 'adjudicate certain requests for DACA and associated applications meeting certain parameters.' These requests include initial and renewal requests for DACA accepted by DHS by September 5, 2017, and renewal requests from current DACA beneficiaries whose benefits will expire between September 5, 2017, and March 5, 2018, and whose renewal requests are accepted by DHS by October 5, 2017. The memorandum also states that DHS will not terminate previously issued grants of deferred action or employment authorization 'solely based on the directives in this memorandum.'"
Library of Congress. Congressional Research Service
Bruno, Andorra
2017-09-06
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [March 21, 2012]
"The 109th and 110th Congresses considered, but did not enact, comprehensive immigration reform legislation that included large-scale legalization programs for unauthorized aliens. In the aftermath of these unsuccessful efforts, some interested parties have urged the President and Congress to pursue more limited legislation to address the status of unauthorized alien students. Such legislation is commonly referred to as the 'DREAM [Development, Relief and Education for Alien Minors] Act.' Unauthorized aliens in the United States are able to receive free public education through high school. They may experience difficulty obtaining higher education, however, for several reasons. Among these reasons is a provision enacted in 1996 that prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of 'in-state' residency status for tuition purposes. Unauthorized alien students also are not eligible for federal student financial aid. More broadly, as unauthorized aliens, they are not legally allowed to work and are subject to being removed from the country. Multiple DREAM Act bills have been introduced in recent Congresses to address the unauthorized student population. […] Bills to legalize the status of unauthorized alien students (S. 952, H.R. 1842, H.R. 3823) have again been introduced in the 112th Congress. It is unclear, however, whether any of these measures will be considered. This report will be updated as legislative developments occur."
Library of Congress. Congressional Research Service
Bruno, Andorra
2012-03-21
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [June 1, 2011]
"Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While prospects for comprehensive reform--especially for proposals including large-scale legalization of unauthorized aliens--may have dimmed since the November 2010 elections, some supporters are advocating passage of more limited legislation to address the status of unauthorized alien students. Such legislation is commonly referred to as the '(Development, Relief and Education for Alien Minors (DREAM) Act.' Unauthorized aliens in the United States are able to receive free public education through high school. They may experience difficulty obtaining higher education, however, for several reasons. Among these reasons is a provision enacted in 1996 that prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of 'in-state' residency status for tuition purposes. Unauthorized alien students also are not eligible for federal student financial aid. More broadly, as unauthorized aliens, they are not legally allowed to work and are subject to being removed from the country. […] DREAM Act bills (S. 952, H.R. 1842) have again been introduced in the 112th Congress, but it is unclear whether such legislation will be considered. This report will be updated as legislative developments occur."
Library of Congress. Congressional Research Service
Bruno, Andorra
2011-06-01
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Unauthorized Aliens in the United States: Policy Discussion [May 8, 2014]
"The unauthorized immigrant (illegal alien) population in the United States is a key and controversial immigration issue. Competing views on how to address this population have been, and continue to be, a major obstacle to enacting immigration reform legislation. It is unknown, at any point in time, how many unauthorized aliens are in the United States; what countries they are from; when they came to the United States; where they are living; and what their demographic, family, and other characteristics are. Demographers develop estimates about unauthorized aliens using available survey data on the U.S. foreign-born population and other methods. These estimates can help inform possible policy options to address the unauthorized alien population. Both the Department of Homeland Security (DHS) and the Pew Research Center estimate that approximately 11.5 million unauthorized aliens were living in the United States in January 2011. DHS further estimates that there were some 11.4 unauthorized residents in January 2012. Pew has released a preliminary estimate of 11.7 million for the March 2012 unauthorized resident population. The Immigration and Nationality Act (INA) and other federal laws place various restrictions on unauthorized aliens. In general, they have no legal right to live or work in the United States and are subject to removal from the country. At the same time, the INA provides limited avenues for certain unauthorized aliens to obtain legal permanent residence."
Library of Congress. Congressional Research Service
Bruno, Andorra
2014-05-08
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Unauthorized Aliens in the United States [April 27, 2010]
From the Summary: "The unauthorized alien (illegal alien) population in the United States is a key and controversial immigration issue. In recent years, competing views on how to address this population have proved to be a major obstacle to enacting comprehensive immigration reform legislation. The unauthorized alien issue is likely to be a key challenge if, as the Senate Majority Leader and the Speaker of the House have indicated, the 111th Congress takes up immigration reform legislation this year. It is unknown, at any point in time, how many unauthorized aliens are in the United States, what countries they are from, when they came to the United States, where they are living, and what their demographic, family, and other characteristics are. Demographers develop estimates about unauthorized aliens using available survey data on the U.S. foreign-born population. These estimates can help inform possible policy options to address the unauthorized alien population. According to recent estimates by the Department of Homeland Security (DHS), approximately 10.8 million unauthorized aliens were living in the United States in January 2009. Using different sources, the Pew Hispanic Center has estimated the March 2008 unauthorized resident population at about 11.9 million."
Library of Congress. Congressional Research Service
Bruno, Andorra
2010-04-27
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [December 14, 2010]
"Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 111th Congress, there are efforts to enact a measure, commonly referred to as the 'DREAM Act,' to enable certain unauthorized alien students to legalize their status. On December 8, 2010, the House approved DREAM Act language as part of an unrelated bill, the Removal Clarification Act of 2010 (H.R. 5281). Unauthorized aliens in the United States are able to receive free public education through high school. They may experience difficulty obtaining higher education, however, for several reasons. Among these reasons is a provision enacted in 1996 that prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of 'in-state' residency status for tuition purposes. Unauthorized alien students also are not eligible for federal student financial aid. More broadly, as unauthorized aliens, they are not legally allowed to work and are subject to being removed from the country."
Library of Congress. Congressional Research Service
Bruno, Andorra
2010-12-14
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [December 1, 2010]
"Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 111th Congress, there may be an effort to enact a measure, commonly referred to as the 'DREAM Act,' to enable certain unauthorized alien students to legalize their status. Unauthorized aliens in the United States are able to receive free public education through high school. They may experience difficulty obtaining higher education, however, for several reasons. Among these reasons is a provision enacted in 1996 that prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of 'in-state' residency status for tuition purposes. Unauthorized alien students also are not eligible for federal student financial aid. More broadly, as unauthorized aliens, they are not legally allowed to work and are subject to being removed from the country. Multiple bills have been introduced in recent Congresses to address the unauthorized student population. Most have proposed a two-prong approach of repealing the 1996 provision and enabling some unauthorized alien students to become U.S. legal permanent residents (LPRs) through an immigration procedure known as cancellation of removal."
Library of Congress. Congressional Research Service
Bruno, Andorra
2010-12-01
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Unauthorized Employment in the United States: Issues and Options [Updated April 20, 2007]
From the Summary: "As Congress considers immigration reform and ways to address the unauthorized alien population, the issue of unauthorized employment is the focus of much discussion. The unauthorized alien working population, like the unauthorized alien population generally, has been growing steadily. There were an estimated 7.2 million unauthorized workers in the U.S. civilian labor force in March 2005. It is widely accepted that most unauthorized aliens enter and remain in the United States in order to work. Thus, eliminating employment opportunities for these aliens has been seen as an approach to curtailing unauthorized immigration. Provisions enacted by the Immigration Reform and Control Act (IRCA) of 1986, which are sometimes referred to as employer sanctions, made it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is not authorized to work. It also established a paper-based employment eligibility verification system, known as the I-9 system, which requires that employers examine documents presented by new hires to verify identity and work eligibility, and complete and retain I-9 verification forms. There is general agreement that the I-9 process has been undermined by fraud. Employers violating prohibitions on unauthorized employment in the Immigration and Nationality Act (INA) may be subject to civil or criminal penalties. The Department of Homeland Security's Immigration and Customs Enforcement (DHS/ICE) is responsible for enforcing the INA prohibitions on unauthorized employment."
Library of Congress. Congressional Research Service
Bruno, Andorra
2007-04-20
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [Updated January 20, 2015]
From the Introduction: "Immigration reform has been hotly debated in recent years. Although many component issues are controversial, the question of legalizing large numbers of unauthorized immigrants in the United States has been a focal point of debate, galvanizing both support for and opposition to reform proposals. Historically less controversial has been legislation known as the 'DREAM Act' that proposes a more targeted legalization program to enable certain unauthorized students to obtain legal immigration status. The name DREAM Act derives from the bill title, Development, Relief, and Education for Alien Minors Act, but it refers more broadly to a class of measures to provide immigration relief to unauthorized alien students, whether or not particular bills carry that name. [...] Bills to legalize the status of unauthorized alien students were again introduced in the 112th Congress. Some of these bills were similar to the measure approved by the House in the 111th Congress, while others included more traditional DREAM Act elements."
Library of Congress. Congressional Research Service
Bruno, Andorra
2015-01-20
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Unauthorized Childhood Arrivals, DACA, and Related Legislation [Updated June 30, 2020]
From the Introduction: "On June 4, 2019, the House passed the American Dream and Promise Act of 2019 (H.R. 6) on a vote of 237 to 187. Title I of the bill, the Dream Act of 2019, would establish a process for certain unauthorized immigrants who entered the United States as children (known as unauthorized childhood arrivals) to obtain lawful permanent immigration status. This vote on H.R. 6 was one of several House and Senate floor votes since 2018--and the only successful one--on legislation to grant some type of immigration relief to unauthorized childhood arrivals. As commonly used, the term 'unauthorized childhood arrivals' encompasses both individuals who entered the United States unlawfully and individuals who entered legally but then lost legal status, by, for example, overstaying an authorized temporary period of stay. There is no single set of requirements that defines an unauthorized childhood arrival. Individual bills include their own criteria. This report considers House and Senate measures on unauthorized childhood arrivals that have seen legislative action since 2001, focusing in particular on legislation considered in the 115th and 116th Congresses. It also discusses the related Deferred Action for Childhood Arrivals (DACA) initiative and DACA-related data. For the most part, the material is presented chronologically to trace the development of legislative proposals on unauthorized childhood arrivals and highlight the interplay between legislative action on these measures and developments related to the DACA initiative."
Library of Congress. Congressional Research Service
Bruno, Andorra
2020-06-30
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Immigration Parole [October 15, 2020]
From the Summary: "The parole provision in the Immigration and Nationality Act (INA) gives the Secretary of the Department of Homeland Security (DHS) discretionary authority to 'parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States.' Immigration parole is official permission to enter and remain temporarily in the United States. It does not constitute formal admission under the U.S. immigration system. An individual granted parole (a parolee) is still considered an applicant for admission. A parolee is permitted to remain in the United States for the duration of the grant of parole, and may be granted work authorization. The DHS Secretary's parole authority has been delegated to three agencies within the department: U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP). Parole can be requested by foreign nationals inside or outside the United States in a range of circumstances. Major parole categories include port-of-entry parole, advance parole, humanitarian parole, and parole-in-place."
Library of Congress. Congressional Research Service
Bruno, Andorra
2020-10-15
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Unauthorized Alien Students: Legislation in the 107th and 108th Congresses [Updated January 17, 2007]
From the Summary: "Unauthorized alien students constitute a subpopulation of the total U.S. unauthorized alien population that is of particular congressional interest. These students receive free public primary and secondary education, but often find it difficult to attend college for financial reasons. A provision enacted as part of a 1996 immigration law prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of 'in-state' residency status for tuition purposes. In addition, unauthorized aliens are not eligible for federal student financial aid. More generally, as unauthorized aliens, they are not legally allowed to work in the United States and are subject to being removed from the country at any time."
Library of Congress. Congressional Research Service
Bruno, Andorra; Kuenzi, Jeffrey J., 1965-
2007-01-17
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Iraqi Refugees and Internally Displaced Persons: A Deepening Humanitarian Crisis? [Updated August 15, 2008]
"This report provides an analysis of the current crisis, including the conditions for those displaced in Iraq and the refugee situations in Syria, Jordan, and elsewhere. It also provides information on the U.S. and international response and examines refugee resettlement options in the United States. Aspects of this crisis that may be of particular interest to the 110th Congress include a focus on an immediate response (providing humanitarian relief funding), examining resettlement policies, and developing a strategy to manage the displaced, particularly within Iraq." "During 2004-2007, the violence and insecurity resulting from the ongoing sectarian strife, terrorism, and insurgency in Iraq produced substantial civilian displacement in different parts of the country. Many of Iraq's neighbors fear that they are being overwhelmed by refugees who have fled over Iraq's borders. There are heightened concerns about the absorptive capacity of neighboring countries, whether they can provide adequately for the populations that have moved across borders, and the impact of refugee flows on stability in general. While there is clear evidence of limited improvement in Iraq -- decreasing violence, reduced levels of displacement, and a handful of returns in a few governorates -- the situation in general remains precarious and requires sustained attention. UNHCR estimates that the number of Iraqis displaced within Iraq who need food and shelter exceeds 1 million people."
Library of Congress. Congressional Research Service
Sharp, Jeremy Maxwell; Margesson, Rhoda; Bruno, Andorra
2008-08-15
