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President Trump's Proclamation on Enhanced Vetting of Foreign Nationals from Designated Countries [September 29, 2017]
"On September 24, 2017, President Donald Trump issued a presidential proclamation entitled 'Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats' (the proclamation) that suspends and/or restricts U.S. entry of foreign nationals from eight countries. The proclamation replaces aspects of Executive Order (E.O.) 13780 issued on March 6, 2017, and entitled 'Protecting the Nation From Foreign Terrorist Entry Into the United States,' portions of which federal courts had blocked. E.O. 13780 revoked and replaced E.O. 13769 issued on January 27, 2017, which federal courts had also blocked. The proclamation describes what occurred following President Trump's issuance of E.O. 13780. That executive order imposed certain travel restrictions on nationals of six countries and refugees. It also mandated that the Department of Homeland Security (DHS), in consultation with the Department of State (DOS) and the Director of National Intelligence, determine whether, and if so what, additional information would be needed from each foreign country to assess whether its nationals seeking to enter the United States posed a security or safety threat."
Library of Congress. Congressional Research Service
Kandel, William
2017-09-29
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U.S. Immigration Laws for Aliens Arriving at the Border [January 16, 2019]
"In recent years, the migrant population arriving at the U.S.- Mexico (Southern) border without legal immigration status has shifted from being comprised predominantly of Mexican adult economic migrants to being comprised primarily of Central American adults, family units (adults with at least one child under age 18), and unaccompanied children, many of whom seek asylum in the United States. How they are processed and what options they have for legal admission and residing lawfully in the United States depend on how they attempt to enter the United States, whether they are children and/or arrive in families, what country they originate from, and if they request asylum."
Library of Congress. Congressional Research Service
Kandel, William A.
2019-01-16
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Permanent Employment-Based Immigration and the Per-Country Ceiling [Updated December 21, 2018]
"Four major principles currently underlie U.S. policy for admitting lawful permanent residents (LPRs): reunifying families, admitting individuals with needed skills, providing humanitarian assistance, and diversifying immigrant flows by country of origin. These principles are expressed in the Immigration and Nationality Act (INA), which contains a pathway for acquiring LPR status for each principle. Family reunification occurs primarily through family-sponsored immigration. Admitting individuals with needed skills occurs through employment-based immigration. Humanitarian assistance occurs primarily through the U.S. refugee and asylum programs. Origin-country diversity occurs primarily through the Diversity Immigrant Visa. This report focuses on the second LPR pathway noted above, employment-based immigration. Employment-based immigrants enter the United States through one of five preference categories, each with its own eligibility requirements and numerical limitations and, in some cases, different application processes."
Library of Congress. Congressional Research Service
Kandel, William A.
2018-12-21
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Trump Administration's 'Zero Tolerance' Immigration Enforcement Policy [Updated February 26, 2019]
From the Document, "For the last several years, Central American migrant families have arrived at the U.S.-Mexico border in relatively large numbers, many seeking asylum. While some request asylum at U.S. ports of entry, others do so after entering the United States 'without inspection' (i.e., illegally) between U.S. ports of entry. On May 7, 2018, the Department of Justice (DOJ) implemented a 'zero tolerance' policy toward illegal border crossing both to discourage illegal migration into the United States and to reduce the burden of processing asylum claims that Administration officials contend are often fraudulent. Under the zero tolerance policy, DOJ prosecuted all adult aliens apprehended crossing the border illegally, with no exception for asylum seekers or those with minor children. DOJ's policy represented a change in the level of enforcement of an existing statute rather than a change in statute or regulation. Prior Administrations prosecuted illegal border crossings relatively infrequently."
Library of Congress. Congressional Research Service
Kandel, William A.
2019-02-26
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Immigration [Updated February 18, 2020]
From the Document: "Immigration is a multifaceted policy issue that involves temporarily or permanently admitting foreign nationals (in statute, 'aliens') into the United States and enforcing immigration laws. It is a perennial topic of congressional oversight and legislation. In recent years, the executive branch has taken the lead in implementing numerous policy initiatives, invoking discretionary authority conferred by statute."
Library of Congress. Congressional Research Service
Wilson, Jill, 1974-; Kandel, William
2020-02-18
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'Sanctuary' Jurisdictions: Policy Overview [February 21, 2020]
From the Document: "Jurisdictions with 'sanctuary' policies have been controversial for decades, highlighting a tension between federal agencies charged with immigration enforcement, and states and localities (e.g., counties, cities) that limit their cooperation in this regard. The prominence of immigration enforcement for the Trump Administration, and the publicity surrounding certain crimes committed by some non-U.S. nationals (in statute, 'aliens'), particularly those without legal immigration status, have reignited debates over appropriate levels of immigration enforcement within the United States. In 2017, President Trump issued Executive Order 13768 (EO), which included provisions that aim to deter certain 'sanctuary' policies and promote cooperation with federal immigration enforcement agencies."
Library of Congress. Congressional Research Service
Kandel, William; Kolker, Abigail F.
2020-02-21
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Department of Homeland Security: FY2015 Appropriations [Updated June 2, 2015]
From the Document: "This report describes and analyzes the discretionary appropriations for the Department of Homeland Security (DHS) for fiscal year 2015 (FY2015). It compares the President's request for FY2015 funding for the Department of Homeland Security (DHS), the enacted FY2014 appropriations for DHS, the House- and Senate-reported homeland security appropriations measures for FY2015, and the Department of Homeland Security Appropriations Act, 2015 (P.L. 114-4)."
Library of Congress. Congressional Research Service
Painter, William L.; Schwemle, Barbara L.; Bjelopera, Jerome P. . . .
2015-06-02
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Department of Homeland Security: FY2013 Appropriations [Updated June 21, 2013]
From the Document: "This report presents an analysis of the discretionary appropriations for the Department of Homeland Security (DHS) for fiscal year 2013 (FY2013). It compares the President's request for FY2013 funding for the Department of Homeland Security (DHS), the enacted FY2012 appropriations for DHS, the House-passed and Senate-reported DHS appropriations legislation for FY2013, and the final DHS appropriations legislation included in Division D of P.L. 113-6. It tracks legislative action and congressional issues related to these bills with particular attention paid to discretionary funding amounts. The report does not provide indepth analysis of specific issues related to mandatory funding--such as retirement pay--nor does the report systematically follow any other legislation related to the authorization or amendment of DHS programs, activities, or fee revenues."
Library of Congress. Congressional Research Service
Painter, William L.; Schwemle, Barbara L.; Bjelopera, Jerome P. . . .
2013-06-21
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Immigration: Recent Apprehension Trends at the U.S. Southwest Border [November 19, 2019]
From the Introduction: "Understanding changing migration patterns over the past decade may help inform Congress as it considers immigration-related legislation. This report discusses recent migrant apprehension trends at the Southwest border. It describes how unauthorized migration to the United States has changed in terms of the absolute numbers of migrants as well as their origin countries, demographic composition, and primary migratory motivations. The report concludes with a brief discussion of related policy implications."
Library of Congress. Congressional Research Service
Singer, Audrey; Kandel, William
2019-11-09
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Immigration [Updated December 14, 2018]
From the Document: "Immigration is a broad, multifaceted policy issue that involves temporarily or permanently admitting foreign nationals (aliens) into the United States and enforcing immigration laws. It is a perennial topic of congressional oversight and legislation. In recent years, the executive branch has taken the lead in implementing numerous policy initiatives, relying on discretionary authority conferred by statute. During the 115th Congress, the Trump Administration has pursued various immigration policies through executive branch action, including the imposition of entry restrictions known as the 'travel ban,' the termination of the Deferred Action for Childhood Arrivals (DACA) initiative, and the 'zero tolerance' policy regarding illegal border crossing. Courts have blocked some of these actions. For other proposals, such as constructing a border wall and restricting family-based immigration, the Administration has sought congressional action."
Library of Congress. Congressional Research Service
Kandel, William; Wilson, Jill, 1974-
2018-12-14
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U.S. Family-Based Immigration Policy [February 17, 2016]
"Family reunification is a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based admission categories, as well as a per-country limit on total family-based admissions. The five categories include immediate relatives of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family relationship, and marital status of the prospective immigrant. Of the 990,553 foreign nationals admitted to the United States in FY2013 as lawful permanent residents (LPRs), 649,763, or 66%, were admitted on the basis of family ties. Of these family-based immigrants admitted in FY2013, 68% were admitted as immediate relatives of U.S. citizens. Many of the 990,553 immigrants were initially admitted on a temporary basis and became immigrants by converting or 'adjusting' their status to a lawful permanent resident. The proportion of family-based immigrants who adjusted their immigration status while residing in the United States (54%) exceeded that of family-based immigrants who had their immigration petitions processed while living abroad (46%), although such percentages varied considerably among the five family-based admission categories."
Library of Congress. Congressional Research Service
Kandel, William
2016-02-17
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U.S. Family-Based Immigration Policy [February 9, 2018]
"Family reunification has historically been a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based immigration categories, as well as a per-country limit on total family-based immigration. The five categories include immediate relatives (spouses, minor unmarried children, and parents) of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family relationship, and marital status of the prospective immigrant."
Library of Congress. Congressional Research Service
Kandel, William A.
2018-02-09
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U.S. Immigration Policy: Chart Book of Key Trends [March 14, 2016]
"This report is a chart book of selected immigration trends. Key immigration issues that Congress has considered in recent years include increased border security and immigration enforcement, expanded employment eligibility verification, reforms to the system for legal temporary and permanent immigration, and options to address the millions of unauthorized aliens residing in the country. The report offers snapshots of time series data, 'using the most complete and consistent time series currently available for each statistic.' The key findings and elements germane to the data depicted are summarized with the figures. The summary offers the highlights of key immigration trends.
The United States has a history of receiving immigrants, and these foreign-born residents of the United States have come from all over the world."
Library of Congress. Congressional Research Service
Kandel, William; Wasem, Ruth Ellen
2016-03-14
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U.S. Family-Based Immigration Policy [July 11, 2013]
"Family reunification is a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based admission categories, as well as a per-country limit on total family-based admissions. The five categories include immediate relatives of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family relationship, and marital status of the prospective immigrant. Of the 1.03 million foreign nationals admitted to the United States in FY2012 as lawful permanent residents (LPRs), 680,799, or 66%, were admitted on the basis of family ties. Of these family-based immigrants admitted in FY2012, 70% were admitted as immediate relatives of U.S. citizens. Many of the 1.03 million immigrants were initially admitted on a legal temporary basis and became immigrants by converting or 'adjusting' their status to a lawful permanent resident. The proportion of family-based immigrants who adjusted their immigration status while residing in the United States (53%) exceeded that of family-based immigrants who had their immigration petitions processed while living abroad (47%), although such percentages varied considerably among the five family-based admission categories. Since FY2000, increasing numbers of immediate relatives of U.S. citizens have accounted for all of the growth in family-based admissions. Between FY2000 and FY2009, immigrants who accompanied or later followed principal (qualifying) immigrants averaged 12% of all family-based admissions annually. During that period, Mexico, the Philippines, China, India, and the Dominican Republic sent the most family-based immigrants to the United States."
Library of Congress. Congressional Research Service
Kandel, William
2013-07-11
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U.S. Family-Based Immigration Policy [November 19,2014]
"Interest in immigration reform has increased scrutiny of family-based immigration and has revived the discussion over the optimal number of total lawful permanent admissions. This report provides an examination of family-based immigration policy. In doing so, it outlines a brief history of U.S. family-based immigration policies, discusses current law governing admissions, and summarizes recommendations made by previous congressionally mandated committees charged with evaluating immigration policy. It then presents descriptive figures on legal immigrants entering the United States during the past decade and discusses the sizable queue of approved immigrant petitioners waiting for an immigrant visa. It closes by discussing selected policy issues."
Library of Congress. Congressional Research Service
Kandel, William
2014-11-19
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U.S. Immigration Policy: Chart Book of Key Trends [December 17, 2014]
"This report is a chart book of selected immigration trends that touch on the main elements of comprehensive immigration reform (CIR). Most policymakers agree that the main issues in CIR include increased border security and immigration enforcement, improved employment eligibility verification, revision of legal immigration, and options to address the millions of unauthorized aliens residing in the country. The report offers snapshots of time series data, using the most complete and consistent time series currently available for each statistic. The key findings and elements germane to the data depicted are summarized with the figures. The summary offers the highlights of key immigration trends."
Library of Congress. Congressional Research Service
Kandel, William
2014-12-17
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Trump Administration's 'Zero Tolerance' Immigration Enforcement Policy [July 20, 2018]
"In recent years, Central American migrant families have been arriving at the U.S.-Mexico border in relatively large numbers, many seeking asylum. While some request asylum at U.S. ports of entry, others do so after attempting to enter the United States illegally between U.S. ports of entry. On May 7, 2018, Attorney General Jeff Sessions announced that the Department of Justice (DOJ) implemented a 'zero tolerance' policy toward illegal border crossing, both to discourage illegal migration into the United States and to reduce the burden of processing asylum claims that Administration officials contend are often fraudulent."
Library of Congress. Congressional Research Service
Kandel, William A.
2018-07-20
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COVID-19-Related Suspension of Immigrant Entry [Updated January 13, 2021]
From the Document: "On December 31, 2020, President Trump issued a proclamation to extend Proclamation 10052, issued on June 22, 2020, through March 31, 2021. Proclamation 10052, among its other provisions, extends Proclamation 10014, issued April 22, 2020, which suspended the entry into the United States of certain aliens (foreign nationals) who are seeking lawful permanent resident (LPR) status (i.e., immigrants). The three proclamations justify the suspension to protect American workers from foreign labor market competition during a time of high domestic unemployment and reduced demand for workers caused by the coronavirus pandemic. The proclamations rely on two immigration-related legal authorities. Under the Immigration and Nationality Act (INA), §212(f) (8 U.S.C. §1182(f)), the President may suspend immigration when it would harm U.S. interests. Under INA §215(a) (8 U.S.C. §1185(a)) the President may prescribe limitations and exceptions on who may enter or depart the country."
Library of Congress. Congressional Research Service
Kandel, William
2021-01-13
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President's Immigration Accountability Executive Action of November 20, 2014: Overview and Issues [January 8, 2015]
"On November 20, 2014, President Obama announced his Immigration Accountability Executive Action which revises some U.S. immigration policies and initiates several programs, including a revised border security policy for the Southwest border; deferred action programs for some unauthorized aliens; revised interior enforcement priorities; changes to aid the entry of skilled workers; the promotion of immigrant integration and naturalization; and several other initiatives the President indicated would improve the U.S. immigration system. The most controversial among these provisions will grant deferred action to as many as 5 million unauthorized aliens."
Library of Congress. Congressional Research Service
Kandel, William; Bjelopera, Jerome P.; Bruno, Andorra . . .
2015-01-08
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Coronavirus-Related Suspension of Immigrant Entry [April 24, 2020]
From the Document: "On April 22, President Trump issued a proclamation suspending entry into the United States of certain aliens (foreign nationals) who are seeking lawful permanent resident (LPR) status (i.e., immigrants). The President justified the suspension as needed to protect American workers from foreign labor force competition during a time of 'high domestic unemployment and reduced demand for labor' caused by the coronavirus pandemic. The President cited two immigration-related legal authorities. Under Section 212(f) (8 U.S.C. §1182(f)) of the Immigration and Nationality Act (INA), the President may suspend immigration when it would be detrimental to the interests of the United States. Under INA 215(a) (§8 U.S.C. §1185(a)) the President may prescribe limitations and exceptions on who may enter or depart the United States."
Library of Congress. Congressional Research Service
Kandel, William
2020-04-24
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Immigration Legislation and Issues in the 116th Congress [Updated June 19, 2020]
From the Summary: "The House and the Senate have considered measures on a variety of immigration issues in the 116th Congress. These issues include border security, immigration enforcement, legalization of unauthorized immigrants, temporary and permanent immigration, and humanitarian admissions. Several immigration measures were enacted into law. Among them are the Northern Mariana Islands Long-Term Legal Residents Relief Act (P.L. 116-24) and the Citizenship for Children of Military Members and Civil Servants Act (P.L. 116-133). The 116th Congress also enacted immigration provisions as part of larger defense and appropriations bills. [...] This report discusses these and other immigration-related issues that have seen legislative action in the 116th Congress."
Library of Congress. Congressional Research Service
Bruno, Andorra; Kandel, William; Wilson, Jill, 1974-
2020-06-19
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Immigration Legislation and Issues in the 116th Congress [Updated July 27, 2020]
From the Summary: "The House and the Senate have considered measures on a variety of immigration issues in the 116th Congress. These issues include border security, immigration enforcement, legalization of unauthorized immigrants, temporary and permanent immigration, and humanitarian admissions. [...] This report discusses these and other immigration-related issues that have seen legislativeaction in the 116th Congress."
Library of Congress. Congressional Research Service
Bruno, Andorra; Kandel, William; Kolker, Abigail F. . . .
2020-07-27
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Immigration Legislation and Issues in the 116th Congress [June 12, 2020]
From the Introduction: "The 116th Congress has seen considerable committee and floor action on immigration legislation, particularly in the House. The House and/or the Senate have acted on bills addressing a range of immigration issue areas, including border security, immigration enforcement, legalization of unauthorized immigrants, temporary and permanent immigration, and humanitarian admissions. Some of these bills include amendments to the Immigration and Nationality Act (INA), the basis of U.S. immigration law. Several immigration provisions were enacted as part of larger appropriations and defense authorization bills. These provisions variously address the H-2B [Temporary Non-Agricultural Workers] visa, U.S. refugee admissions, Afghan special immigrant visas, and the immigration status of Liberians who are long-time U.S. residents, among other issues. Through FY2019 and FY2020 consolidated appropriations measures, the 116th Congress extended the EB-5 [Employment Based Immigration- Fifth Preference] Regional Center Program for immigrant investors, the E-Verify employment eligibility verification system, and two other immigration programs, all of which are now authorized through September 30, 2020. The 116th Congress also enacted stand-alone measures concerning immigration in the Commonwealth of the Northern Mariana Islands and citizenship for children born abroad to parents who are U.S. military servicemembers or U.S. government employees. This report discusses these and other immigration-related measures that have received legislative action in the 116th Congress."
Library of Congress. Congressional Research Service
Bruno, Andorra; Kandel, William; Wilson, Jill, 1974-
2020-06-12
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Expedited Citizenship Through Military Service [May 11, 2018]
"Current law allows certain noncitizens who serve in the U.S. military to acquire expedited U.S. citizenship. Recent media reports have described situations in which noncitizen U.S. veterans who served in and were honorably discharged from the U.S. military, failed to petition for their citizenship for a variety of reasons, subsequently committed crimes that made them removable, and were then deported to their countries of origin. Although advocacy groups claim that there may be thousands of deported U.S. veterans outside of the United States, no reliable estimates have been produced for this population. In the 115th Congress, several legislative proposals have been introduced to address this issue."
Library of Congress. Congressional Research Service
Kandel, William A.; Kapp, Lawrence
2018-05-11
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Unaccompanied Alien Children: Potential Factors Contributing to Recent Immigration [July 3, 2014]
"Since FY2008, the growth in the number of unaccompanied alien children (UAC) from Mexico, El Salvador, Guatemala, and Honduras seeking to enter the United States has increased substantially. Total unaccompanied child apprehensions increased from about 8,000 in FY2008 to 52,000 in the first 8 ½ months of FY2014. Since 2012, children from El Salvador, Guatemala, and Honduras (Central America's 'northern triangle') account for almost all of this increase. Apprehension trends for these three countries are similar and diverge sharply from those for Mexican children. Unaccompanied child migrants' motives for migrating to the United States are often multifaceted and difficult to measure analytically. Four recent out-migration-related factors distinguishing northern triangle Central American countries are high violent crime rates, poor economic conditions fueled by relatively low economic growth rates, high rates of poverty, and the presence of transnational gangs. In 2012, the homicide rate per 100,000 inhabitants stood at 90.4 in Honduras (the highest in the world), 41.2 in El Salvador, and 39.9 in Guatemala. International Monetary Fund reports show economic growth rates in the northern triangle countries in 2013 ranging from 1.6% to 3.5%, relatively low compared with other Central American countries. About 45% of Salvadorans, 55% of Guatemalans, and 67% of Hondurans live in poverty. Surveys in 2013 indicate that almost half of all unaccompanied children experienced serious harm or threats by organized criminal groups or state actors, and one-fifth experienced domestic abuse."
Library of Congress. Congressional Research Service
Kandel, William; Bruno, Andorra; Meyer, Peter J. . . .
2014-07-03
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Immigration Legislation and Issues in the 113th Congress [November 4, 2014]
"Immigration reform was an active legislative issue in the first session of the 113th Congress. The Senate passed the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744), a comprehensive immigration reform bill that includes provisions on border security, interior enforcement, employment eligibility verification and worksite enforcement, legalization of unauthorized aliens, immigrant visas, nonimmigrant visas, and humanitarian admissions. For its part, the House took a different approach to immigration reform. Rather than considering a single comprehensive bill, the House acted on a set of immigration bills that address border security, interior enforcement, employment eligibility verification and worksite enforcement, and nonimmigrant and immigrant visas. House committees reported or ordered to be reported the following immigration bills: Border Security Results Act of 2013 (H.R. 1417); Strengthen and Fortify Enforcement (SAFE) Act (H.R. 2278); Legal Workforce Act (H.R. 1772); Agricultural Guestworker (AG) Act (H.R. 1773); and Supplying Knowledge-based Immigrants and Lifting Levels of STEM Visas (SKILLS Visa) Act (H.R. 2131). […] This report discusses these and other immigration-related issues that received legislative action or have been of significant congressional interest in the 113th Congress. While the report covers S. 744, as passed by the Senate, a more complete treatment of that bill can be found in CRS Report R43097, Comprehensive Immigration Reform in the 113th Congress: Major Provisions in Senate- Passed S. 744. For the most part, DHS appropriations are not covered in this report; FY2014 appropriations are addressed in CRS Report R43147, Department of Homeland Security: FY2014 Appropriations."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen; Siskin, Alison; Lee, Margaret Mikyung . . .
2014-11-04
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Immigration Provisions of the Violence Against Women Act (VAWA) [August 9, 2013]
"The Immigration and Nationality Act (INA) includes provisions to assist foreign nationals who have been victims of domestic abuse. These provisions, initially enacted by Congress with the Immigration Act of 1990 and the Violence Against Women Act (VAWA) of 1994, afford benefits to abused foreign nationals and allow them to self-petition for lawful permanent resident (LPR) status independently of the U.S. citizen or LPR relatives who originally sponsored them. [...] During the debate of the VAWA reauthorization in 2013, two potential concerns for Congress were emphasized regarding the immigration provisions of VAWA. The first was whether the VAWA reauthorization would provide sufficient relief to foreign nationals abused by their U.S. citizen or LPR sponsoring relatives. Advocates for battered foreign nationals suggested that additional provisions were needed to assist this population in obtaining legal and economic footing independently of their original sponsors for legal immigrant status. [...] The second related concern was the degree to which VAWA provisions unintentionally facilitate immigration fraud. Critics of VAWA argued that such fraud might be occurring through what some perceived as relatively lenient standards of evidence to demonstrate abuse; as the unintended result of processing procedures between the District Offices of the U.S. Citizenship and Immigration Services (USCIS), which adjudicate most immigration applications, and the USCIS Vermont Service Center, which adjudicates VAWA petitions; or as an unintended consequence of the structure of current law. [...] While addressed to some extent in the VAWA reauthorization of 2013, these two issues remain ongoing and reflect the tension found in other provisions of U.S. immigration policy. Such policies often involve balancing the granting of immigration benefits with adequate enforcement to reduce fraud and ensure intended eligibility."
Library of Congress. Congressional Research Service
Kandel, William
2013-08-09
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Interior Immigration Enforcement: Programs Targeting Criminal Aliens [August 27, 2013]
"Congress has a long-standing interest in seeing that immigration enforcement agencies identify and deport criminal aliens. The expeditious removal of such aliens has been a statutory priority since 1986, and the Department of Homeland Security (DHS) and its predecessor agency have operated programs targeting criminal aliens since 1988. These programs have grown substantially since FY2005, and deportations of criminal aliens--along with other unauthorized immigrants-- have grown proportionally. Despite the interest in criminal aliens, inconsistencies in data quality, data collection, and definitions make it impossible to precisely enumerate the criminal alien population, defined in this report as all noncitizens ever convicted of a crime. The Congressional Research Service (CRS) estimates the number of noncitizens incarcerated in federal and state prisons and local jails--a subset of all criminal aliens--at 183,830 in 2011 (the most recent year for which complete data are available), with state prisons and local jails each accounting for somewhat more incarcerations than federal prisons. The overall proportion of noncitizens in prisons and jails corresponds closely to the proportion of noncitizens in the total U.S. population. DHS's U.S. Immigration and Customs Enforcement (ICE) operates four programs designed in part to target criminal aliens: the Criminal Alien Program (CAP), Secure Communities, the §287(g) program, and the National Fugitive Operations Program (NFOP). CAP, Secure Communities, and the §287(g) programs are jail enforcement programs that screen individuals for immigration-related violations as they are being booked into jail and while they are incarcerated; the NFOP is a task force program that target at-large criminal aliens. This report describes how these programs work and identifies their common features and key differences among them."
Library of Congress. Congressional Research Service
Rosenblum, Marc R.; Kandel, William
2013-08-27
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Immigration Legislation and Issues for the 113th Congress [November 20, 2013]
"Immigration reform is squarely on the legislative agenda of the 113th Congress. The Senate has passed the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744), a comprehensive immigration reform bill that includes provisions on border security, interior enforcement, employment eligibility verification and worksite enforcement, legalization of unauthorized aliens, immigrant visas, nonimmigrant visas, and humanitarian admissions. For its part, the House has taken a different approach to immigration reform. Rather than considering a single comprehensive bill, the House has acted on a set of immigration bills that address border security, interior enforcement, employment eligibility verification and worksite enforcement, and nonimmigrant and immigrant visas. House committees have reported or ordered to be reported the following immigration bills: Border Security Results Act of 2013 (H.R. 1417); Strengthen and Fortify Enforcement (SAFE) Act (H.R. 2278); Legal Workforce Act (H.R. 1772); Agricultural Guestworker (AG) Act (H.R. 1773); and Supplying Knowledge-based Immigrants and Lifting Levels of STEM Visas (SKILLS Visa) Act (H.R. 2131). Other House bills are reportedly under development. In addition to their work on immigration reform legislation, the House and Senate have acted on other immigration-related bills in the 113th Congress. Among these measures, the 113th Congress has passed the Violence Against Women Reauthorization Act of 2013 (P.L. 113-4), which includes provisions on noncitizen victims of domestic abuse or certain other crimes and on victims of human trafficking. Another enacted measure (P.L. 113-42) extends a special immigrant visa program for certain Iraqi nationals who have worked for or on behalf of the United States."
Library of Congress. Congressional Research Service
Bruno, Andorra; Garcia, Michael John; Kandel, William . . .
2013-11-20
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U.S. Citizenship and Immigration Services (USCIS) Functions and Funding [May 15, 2015]
"U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS), performs multiple functions including the adjudication of immigration and naturalization petitions, consideration of refugee and asylum claims and related humanitarian and international concerns, and a range of immigration-related services, such as issuing employment authorizations and processing nonimmigrant change-of-status petitions. Processing immigrant petitions remains USCIS's leading function. In FY2014, it handled roughly 6 million petitions for immigration-related services and benefits. USCIS's budget relies largely on user fees. The agency and its predecessor, the former Immigration and Naturalization Service (INS), have had the legal authority to charge fees for immigration services since before the passage of the Immigration and Nationality Act of 1952 (INA). In 1988, Congress created the Immigration Examinations Fee Account, which made the portion of USCIS's budget collected from user fees no longer subject to annual congressional approval. Since the President announced the Immigration Accountability Executive Action on November 20, 2014, USCIS's budgetary structure has received increased attention. Among other provisions, the executive action included an expansion of the existing Deferred Action for Childhood Arrivals (DACA) program that was initiated in 2012, as well as a new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program that grants certain unauthorized aliens protection from removal, and work authorization, for three years. If implemented, these programs would require applicants to submit petitions and pay a user fee to USCIS. The user fees would purportedly pay for the cost of administering the program."
Library of Congress. Congressional Research Service
Kandel, William
2015-05-15
