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Immigration Provisions of the Violence Against Women Act (VAWA) [June 7, 2012]
"This report describes how the VAWA [Violence Against Women Act] provisions work in practice. It discusses improvements suggested by immigration attorneys and law enforcement observers to increase the utilization of VAWA provisions by abused foreign nationals as well as ways to reduce immigration fraud. The report closes with possible immigration-related issues that Congress may choose to consider should it reauthorize VAWA."
Library of Congress. Congressional Research Service
Kandel, William
2012-06-07
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Mexican Migration to the United States: Policy and Trends [June 7, 2012]
"History and geography have given Mexico a unique status in the U.S. immigration system, and have made the Mexico-U.S. migration flow the largest in the world. Mexicans are the largest group of U.S. migrants across most types of immigration statuses--a fact that may have important implications for how Congress makes U.S. immigration policy. This report reviews the history of immigration policy and migration flows between the countries and the demographics of Mexicans within the United States. It also analyzes contemporary issues in U.S. immigration policy and the impact Mexico may have on U.S. immigration outcomes. […] This report explores possibilities for additional bilateralism in these areas, including strategies to reduce recidivism among illegal migrants and to better manage U.S.-Mexican ports of entry."
Library of Congress. Congressional Research Service
Rosenblum, Marc R.; Kandel, William; Seelke, Clare Ribando . . .
2012-06-07
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Immigration Provisions of the Violence Against Women Act (VAWA) [May 15, 2012]
"The Violence Against Women Act (VAWA) of 1994 and its subsequent reauthorizations in 2000 and 2005 authorized funding related to domestic violence for enforcement efforts, research and data collection, prevention programs, and services for victims. VAWA also increased penalties for certain domestic violence-related crimes and expanded the Federal Criminal Code to include new categories of crimes. With respect to noncitizens, VAWA gave abused noncitizen spouses the opportunity to 'self-petition' for themselves and/or their abused children for lawful permanent resident (LPR) status independently of their sponsoring spouses. In addition, the VAWA reauthorization in 2000 created the U visa, which protects and assists victims who assist law enforcement agencies in investigating and prosecuting an array of crimes that includes domestic violence. It is available to any foreign national who suffered physical or mental abuse as a victim of a qualifying crime that violated U.S. laws; has information about the crime; and was, is, or is likely to be helpful in the investigation or prosecution of the crime. (For more information on U visas, see Appendix C. For a detailed legislative history of the immigration provisions in VAWA, see Appendix B.)"
Library of Congress. Congressional Research Service
Kandel, William
2012-05-15
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Immigration Provisions of the Violence Against Women Act (VAWA) [April 10, 2012]
"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. Congress reauthorized VAWA with the Battered Immigrant Women Protection Act of 2000, which also created the U visa for foreign national victims of a range of crimes--including domestic abuse--who assisted law enforcement. A second reauthorization in 2005 added protections and expanded eligibility for abused foreign nationals. VAWA expired in 2011. On November 30, 2011, Senator Leahy introduced S. 1925, the Violence Against Women Reauthorization Act of 2011. It was referred to the Committee on the Judiciary and reported favorably on February 7, 2012. On March 27, 2012, Representative Gwen Moore introduced a similar bill in the House, H.R. 4271. […] Two potential concerns for Congress have been emphasized regarding the immigration provisions of VAWA. The first is whether the proposed VAWA reauthorization provides sufficient relief to foreign nationals abused by their U.S. citizen or LPR sponsoring relatives. Advocates for battered immigrants suggest that additional provisions are needed to assist this population in obtaining legal and economic footing independently of their original sponsors for legal immigrant status. Critics of expanding immigration, however, question the extent to which these provisions may increase the number of legal immigrants and cost the U.S. taxpayers. The second related concern is the degree to which VAWA provisions might unintentionally facilitate marriage fraud. This may occur through what some perceive 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 some suggest that VAWA provides opportunities for dishonest and enterprising immigrants to circumvent U.S. immigration laws, reliable empirical support for these assertions is limited."
Library of Congress. Congressional Research Service
Kandel, William
2012-04-10
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U.S. Foreign-Born Population: Trends and Selected Characteristics [Updated February 15, 2012]
From the Summary: "This report offers context for consideration of immigration policy options by presenting data on key geographic, demographic, social, and economic characteristics of the foreign-born population residing in the United States. Interest in the U.S. foreign-born population stems in part from the changing demographic profile of the United States as well as the rapidity of such change, and how both of these trends correspond to U.S. immigration policy. Although the foreign born are relatively small in absolute terms--39.9 million people representing 12.9% of the total U.S. population of 309.3 million in 2010--they are growing far more rapidly than the native-born population. Between 2000 and 2010, the foreign born contributed 32% of the total U.S. population increase and almost all of the prime 25-54 working age group increase. Almost one-third of the foreign born arrived in the United States since 2000, and an estimated 28% were residing illegally in the United States in 2010. [...] Although foreign-born population growth and transformation often occur because of factors beyond the control of Congress--including political turmoil and natural disasters in neighboring countries and social and economic processes of globalization--how Congress crafts immigration law does influence the size and character of resulting immigration flows to the United States."
Library of Congress. Congressional Research Service
Kandel, William
2012-02-15
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Interior Immigration Enforcement: Programs Targeting Criminal Aliens [October 21, 2011]
"Congress has a long-standing interest in seeing that immigration enforcement agencies identify and deport serious 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 for removal since 1988. These programs have grown substantially since FY2005. 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. CRS [Congressional Research Service] estimates the number of noncitizens incarcerated in federal and state prisons and local jails--a subset of all criminal aliens--at 173,000 in 2009, with state prisons and local jails accounting for somewhat more incarcerations than federal prisons. The overall proportion of noncitizens in federal and state prisons and local jails corresponds closely to the proportion of noncitizens in the total U.S. population. DHS operates four programs designed in whole or in part to target criminal aliens: the Criminal Alien Program (CAP), Secure Communities, the § 287(g) program, and the National Fugitive Operations Program (NFOP). The CAP, Secure Communities, and certain § 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 and some other § 287(g) programs are task force programs 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
Kandel, William; Rosenblum, Marc R.
2011-10-21
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Fiscal Impacts of the Foreign-Born Population [October 19, 2011]
"This report reviews estimates of fiscal impacts to the federal, state, and local governments of the foreign born who reside in the United States. It examines the academic and policy literature on fiscal impacts of two populations: all U.S. foreign born and unauthorized aliens. Computing such fiscal impacts involves numerous methodological and conceptual challenges, and resulting estimates vary considerably according to the assumptions used, including those about the time frame considered, the treatment of U.S.-born children, the unit of analysis used, and which costs and revenues are included. […] Three national estimates evaluated in a 1995 General Accounting Office (GAO) report varied considerably and left the agency unable to definitively quantify such fiscal impacts. Subsequent state-level studies emphasized fiscal impacts of costly public services: public education, health care, and law enforcement. Many estimated tax and other fiscal contributions. Studies estimating fiscal impacts for unauthorized aliens are more likely to yield estimated net fiscal deficits than those estimating fiscal impacts for all foreign born, because unauthorized aliens, on average, tend to be younger and less educated. Consequently, they are more likely to use public education for their children and contribute relatively less in tax revenues compared to all foreign born. Given their unauthorized status, they are also less likely themselves to receive public benefits, although their U.S.-born children may be more likely to qualify for such benefits. However, deriving more specific conclusions or estimates from studies of unauthorized aliens reviewed in this report remains elusive due to variation in study design and methodology."
Library of Congress. Congressional Research Service
Kandel, William
2011-10-19
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U.S. Foreign-Born Population: Trends and Selected Characteristics [January 18, 2011]
"This report offers context for consideration of immigration policy options by presenting data on key geographic, demographic, social, and economic characteristics of the foreign-born population residing in the United States. Interest in the U.S. foreign-born population stems in part from the changing demographic profile of the United States as well as the rapidity of such change, and how both of these trends correspond to U.S. immigration policy. Although the foreign born are relatively small in absolute terms--38 million people representing 12.5% of the total U.S. population of 304.1 million in 2008--they are growing far more rapidly than the native-born population. Between 2000 and 2008, the foreign born contributed 30% of the total U.S. population increase and almost all of the prime 25-54 working age group increase. Close to 30% of the foreign born arrived in the United States since 2000, and roughly 29% were residing illegally in the United States in 2009. Geographic origins of the foreign born have shifted from Europe (74% in 1960) to Latin America and Asia (80% in 2008). In recent years, many foreign born have settled in new urban and rural destinations, often in response to employment opportunities in construction, manufacturing, and low-skilled services. Yet, as in previous decades, at least two-thirds of the foreign born remain concentrated in just six states: California, New York, Florida, Texas, Illinois, and New Jersey."
Library of Congress. Congressional Research Service
Kandel, William
2011-01-18
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U.S. Citizenship and Immigration Services' Immigration Fees and Adjudication Costs: Proposed Adjustments and Historical Context [July 16, 2010]
"The U.S. Citizenship and Immigration Service (USCIS) in the Department of Homeland Security (DHS) has proposed a fee schedule for immigration services that increases fees by a weighted average of 10%. Under the proposed schedule issued June 11, 2010, most fees would increase, several would decrease, and the naturalization fee would remain unchanged. USCIS has also proposed three new fees for services the agency currently performs. The proposed fee schedule results from an FY2009 USCIS fee review. It represents the agency's attempt to (1) more accurately align processing revenues with costs, (2) redistribute costs of some processing activities for which no fees can be charged, (3) impose new fees to capture costs for currently unreimbursed activities, and (4) resolve anticipated budget shortfalls. Charging fees for federal government services has long been practiced. Such fees have usually been charged for service cost recovery only to individuals who use the service or benefit--socalled user fees. As immigration services grow in complexity, questions arise over what service users should pay. The user fees debate has produced two positions: (1) an agency should recover all of its costs through user fees, and (2) an agency should only recover costs directly associated with providing services. USCIS last increased its fees for immigration and naturalization services in July 2007 by an average of 88%. At that time, cost estimates by USCIS and the Government Accountability Office found that the agency's pre-2007 fee structure was insufficient to maintain proper service levels and avoid backlogs."
Library of Congress. Congressional Research Service
Haddal, Chad C.; Kandel, William
2010-07-16
