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Immigration: Policy Considerations Related to Guest Worker Programs [July 28, 2009]
From the Summary: "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. Before an employer can file a petition with the U.S. Department of Homeland Security (DHS) to import workers under either program, the employer must apply to the U.S. Department of Labor (DOL) 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. In December 2008, DHS and DOL published final rules to significantly amend their H-2A and H- 2B regulations. [...] The DHS final H-2A and H-2B rules modify previous limitations on H-2A and H-2B workers' periods of stay in the United States. The rules also establish new requirements under both visas. They prohibit payments by prospective H-2A or H-2B workers to employers, recruiters, or other employment service providers where the payments are a condition of obtaining H-2A or H-2B employment... provide for the denial or revocation of petitions in the event of petitioner violations... and limit participation in the H-2A and H-2B programs to nationals of designated countries. [...] The current discussion of guest worker programs takes place against a backdrop of high levels of unauthorized migration to the United States, and one question that often arises about proposals for new guest worker programs is whether they would enable participants to obtain legal permanent resident (LPR) status."
Library of Congress. Congressional Research Service
Bruno, Andorra
2009-07-28
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Iraqi Refugees and Internally Displaced Persons: A Deepening Humanitarian Crisis? [February 13, 2009]
From the Summary: "Some aspects of the humanitarian crisis many feared would take place in March 2003 with the initial military operation in Iraq unfolded later as a result of the ongoing 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 2.7 million Iraqis who have been displaced within Iraq itself. Between 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. There are continued 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. Many of Iraq's neighbors fear that they are being overwhelmed by refugees who have fled over Iraq's borders. While there is clear evidence of limited improvement in Iraq--decreasing violence, reduced levels of displacement, and some returns in a few governorates--the situation in general remains fragile and requires sustained attention. UNHCR [United Nations High Commissioner for Refugees] estimates that the number of Iraqis displaced within Iraq who need food and shelter exceeds 1 million people. This report provides an analysis of the current crisis, including an overview of 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."
Library of Congress. Congressional Research Service
Sharp, Jeremy Maxwell; Margesson, Rhoda; Bruno, Andorra
2009-02-13
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FY2021 Refugee Ceiling Increase [May 11, 2021]
From the Document: "On May 3, 2021, President Joe Biden issued an emergency presidential determination (PD) [hyperlink] to raise the FY2021 refugee ceiling to 62,500. It followed an earlier emergency PD on FY2021 refugee admissions signed by President Biden on April 16, 2021. The first emergency PD [hyperlink] revised the allocations in the original FY2021 PD [hyperlink] issued by President Donald Trump, but left the refugee ceiling unchanged at 15,000. The refugee provisions in the Immigration and Nationality Act (INA §207 [hyperlink]) authorize the President, after consulting with members of the House Judiciary Committee and the Senate Judiciary Committee, to issue a PD before the beginning of the fiscal year. In the PD, the President sets the refugee ceiling for the year and allocates that ceiling among refugees of special humanitarian concern to the United States. INA Section 207(b) further allows the President, after congressional consultation, to issue an emergency determination in the middle of a fiscal year in the event of 'an unforeseen refugee emergency situation.'"
Library of Congress. Congressional Research Service
Bruno, Andorra
2021-05-11
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Unauthorized Childhood Arrivals, DACA, and Related Legislation [November 6, 2019]
From the Introduction: "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. 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
2019-11-06
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FY2020 Refugee Ceiling and Allocations [November 7, 2019]
From the Document: "On November 1, 2019, President Donald Trump issued a Presidential Determination setting the FY2020 refugee ceiling at 18,000. The refugee ceiling is the maximum number of refugees that can be admitted to the United States in a fiscal year. From the start of FY2020 until the signing of the Presidential Determination, no refugees could be admitted to the United States. The FY2020 refugee ceiling of 18,000 is the lowest in the history of the U.S. refugee admissions program. The Trump Administration has reduced the refugee ceiling each year, setting it at 45,000 for FY2018 and 30,000 for FY2019. These ceilings are much lower than in previous years. Actual refugee admissions in FY2019 totaled 30,000"
Library of Congress. Congressional Research Service
Bruno, Andorra
2019-11-07
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Immigration Legislation and Issues in the 108th Congress [Updated October 6, 2004]
"The 108th Congress has considered and is considering legislation on a wide range of immigration issues. Chief among these are the immigration-related recommendations of the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission), expedited naturalization through military service, and foreign temporary workers and business personnel. Several major bills that seek to implement recommendations of the 9/11 Commission propose significant revisions to U.S. immigration law: H.R. 10, S. 2845, S. 2774/H.R. 5040, and H.R. 5024. Of these bills, H.R. 10 proposes the most extensive revisions of the Immigration and Nationality Act (INA). The major immigration areas under consideration in these comprehensive 9/11 Commission bills include: asylum, biometric tracking systems, border security, document security, exclusion, and visa issuances. Since the Homeland Security Act of 2002 (P.L. 107-296) created the Department of Homeland Security (DHS), Congress has considered legislation to clarify the allocation of immigration authorities between the Secretary of DHS and the Attorney General. P.L. 108-7 amended the INA in an apparent effort to clarify the authority that was to remain with the Attorney General. H.R. 1416, as passed by the House and reported by the Senate Governmental Affairs Committee, would further amend the INA to remove certain references to the Attorney General. Among other immigration-related legislation receiving action are adjustment of status of unauthorized alien students (S. 1545), noncitizen eligibility for Medicaid (P.L. 108-173), consular identification cards (H.R. 1950), elimination of the diversity visa lottery (H.R. 775) and employment eligibility verification pilot programs (P.L. 108-156). This report will be updated as legislative developments occur."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen; Ester, Karma; Bruno, Andorra
2004-10-06
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Immigration Legislation and Issues in the 108th Congress [Updated June 22, 2004]
"The 108th Congress has considered and is considering legislation on a wide range of immigration issues. Chief among these are the transfer of immigration authorities to the Department of Homeland Security (DHS), expedited naturalization through military service, and foreign temporary workers and business personnel. Since passage of the Homeland Security Act of 2002 (P.L. 107-296) and the creation of DHS, Congress has considered legislation to clarify the allocation of immigration authorities between the Secretary of DHS and the Attorney General. P.L. 108-7 amended the Immigration and Nationality Act (INA) in an apparent effort to clarify the authority that was to remain with the Attorney General. H.R. 1416, as passed by the House and reported by the Senate Governmental Affairs Committee, would further amend the INA to remove certain references to the Attorney General. This report will be updated as legislative developments occur."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen; Siskin, Alison; Bruno, Andorra
2004-06-22
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Immigration Legislation and Issues in the 107th Congress [Updated October 30, 2002]
"Top immigration issues before the 107th Congress include the reorganization of the Immigration and Naturalization Service (INS), a part of the Department of Justice (DOJ); admissions policy; and the eligibility of non-citizens for public assistance. Also pending are measures to enable unauthorized aliens to become legal permanent residents (LPRs) and to reform temporary guest worker programs. Amendments proposed in the Senate would create a directorate of immigration affairs within the new department with responsibility for immigration service and enforcement functions. The Administration has proposed transferring all of INS to a new homeland security department under a border and transportation security division. Admissions policy, particularly responsibility for issuing visas, is a key issue in discussions about establishing a homeland security department. Congress is addressing non-citizen eligibility for public assistance in the context of bills to reauthorize federal public benefit programs. The 'farm bill' (P.L. 107-171) expands eligibility for food stamps for certain classes of LPRs. H.R. 4737 would reauthorize Temporary Assistance for Needy Families. This legislation would extend a provision of the Immigration and Nationality Act- §245(i)- that currently covers illegal aliens whose sponsors filed petitions or applications on their behalf by April 30, 2001. H.R. 1885 has been passed in different forms by the House and Senate. Other pending bills would establish mechanisms to allow particular groups of unauthorized aliens- such as agricultural workers and students- to become LPRs."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen; Siskin, Alison; Ester, Karma . . .
2002-10-30
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Immigration: Policy Considerations Related to Guest Worker Programs [Updated May 28, 2008]
From the Summary: "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. Department of Labor 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. […] President George W. Bush proposed a new, expanded temporary worker program in January 2004 when he announced his principles for immigration reform, and has since reiterated his support for such a program. In August 2007, following the unsuccessful cloture vote in the Senate on S. 1639, the Bush Administration announced that it would seek to streamline the existing H-2A and H-2B programs within current law. In February 2008, the U.S. Department of Labor (DOL) and the U.S. Department of Homeland Security (DHS) published proposed rules to significantly amend their respective H-2A regulations. The current discussion of guest worker programs takes place against a backdrop of historically high levels of unauthorized migration to the United States, and one question that often arises about proposals for new guest worker programs is whether they would enable participants to obtain LPR [legal permanent
resident] status. Other issues raised in connection with guest worker proposals include how new program requirements would compare with those of the H-2A and H-2B programs and how the eligible population would be defined. This report will be updated as legislative developments occur."
Library of Congress. Congressional Research Service
Bruno, Andorra
2008-05-28