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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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Immigration: Public Charge [March 19, 2020]
From the Document: "Immigration law in the United States has long contained exclusion and removal provisions designed to limit government spending on indigent non-U.S. nationals ('aliens'). Under the Immigration and Nationality Act (INA), an alien may be denied admission into the United States or lawful permanent resident (LPR) status if he or she is 'likely at any time to become a public charge' (8 U.S.C. §1182(a)(4)). An admitted alien may also be subject to removal from the United States based on a separate public charge ground of deportability, but this is rarely employed. The Department of Homeland Security (DHS) and the Department of State (DOS) have primary responsibility for implementing the public charge ground of inadmissibility. DHS makes public charge inadmissibility determinations for aliens seeking admission or 'adjustment' from a temporary status to LPR status. DOS consular officers make public charge inadmissibility determinations for aliens abroad applying for U.S. visas, based on guidance in the Foreign Affairs Manual (FAM). While this applies to both immigrant and nonimmigrant (i.e., temporary) visas, in practice it is rarely employed for nonimmigrant visas. Certain categories of aliens, such as refugees and asylees, are exempted from the public charge ground of inadmissibility. Moreover, it is not applicable to aliens who are applying for citizenship (i.e., naturalization)."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2020-03-19
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Unauthorized Immigrants' Eligibility for COVID-19 Relief Benefits: In Brief [Updated May 7, 2020]
From the Introduction: "Of the 44.4 million foreign-born individuals residing in the United States in 2017, about one-quarter (10.5 million) were estimated to be unauthorized immigrants. Nearly two-thirds of unauthorized immigrants have resided in the United States for over 10 years. The degree to which unauthorized immigrants should be accorded certain rights and privileges as a result of their residence in the United States has long been the subject of congressional interest, which has been heightened amidst the coronavirus pandemic and the congressional response to its impact on the economy. Prior to 1996, there was no uniform rule governing which categories of foreign nationals (i.e., 'aliens' ) residing in the United States were eligible for which government-provided benefits and services. Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193) established comprehensive restrictions on the eligibility of noncitizens for federal public benefits. These restrictions applied to the majority of non-naturalized (i.e., non-U.S. citizen) foreign-born persons, including lawful permanent residents (also known as 'green card holders'), asylees and refugees, nonimmigrants, and unauthorized immigrants. This report focuses exclusively on the unauthorized population; it outlines their eligibility for federal benefits generally, and for benefits included in the Families First Coronavirus Response Act (FFCRA; P.L. 116-127) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) specifically."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2020-05-07
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Noncitizens and Eligibility for the 2020 Recovery Rebates [May 1, 2020]
From the Document: "Some policymakers have expressed concern that certain individuals, including some immigrants (referred to as noncitizens, foreign nationals, or aliens in law and throughout this Insight), are ineligible for direct payments under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136). The statute refers to these payments as 2020 recovery rebates. The Internal Revenue Service (IRS) refers to these payments issued in 2020 as Economic Impact Payments. [...] There are three main categories of individuals who are ineligible for these payments (not necessarily mutually exclusive): 1. children over 16 years old and adult dependents; 2. certain noncitizens who have individual taxpayer identification numbers (ITINs) or are nonresident aliens; and 3. higher-income taxpayers (generally with income over $99,000 if single, $198,000 if married, with higher thresholds for those with qualifying children). Generally, receipt of these payments in 2020 will be based on individuals' eligibility using information from 2019 (or, if unavailable, 2018). This Insight provides an overview of one category of individuals who are ineligible for the 2020 recovery rebates--certain noncitizens who have ITINs or are nonresident aliens."
Library of Congress. Congressional Research Service
Crandall-Hollick, Margot L.; Kolker, Abigail F.
2020-05-01
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Marijuana and Restrictions on Immigration [September 17, 2020]
From the Document: "Marijuana is listed as a Schedule I controlled substance under the Controlled Substances Act (CSA), and has been on Schedule I since the CSA was enacted in 1970 (P.L. 91-513). The Schedule I status of marijuana means that it is strictly regulated by federal authorities, regardless of state regulations and laws, and its growth, distribution, and possession (regardless of recreational or medicinal purposes) are prohibited under federal law aside from activities related to lawful research. Over the last several decades, states and territories have established a range of laws and policies regarding marijuana's medical and recreational use. Most states and territories have deviated from across-the-board prohibition of marijuana, and now have laws and policies allowing for some cultivation, sale, distribution, and possession of marijuana, while some states continue to prohibit any marijuana activity aside from lawful research. These developments have spurred a number of questions regarding potential implications for federal law enforcement activities as well as consequences for individuals who may be acting in accordance with state law but are in violation of federal drug laws and policies. There are many consequences of marijuana-related activity in the United States. This Insight focuses on the immigration consequences for noncitizens (referred to as 'aliens' in immigration law)."
Library of Congress. Congressional Research Service
Kolker, Abigail F.; Sacco, Lisa N.
2020-09-17
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Federal Law Enforcement Use of Facial Recognition Technology [October 27, 2020]
From the Document: "Law enforcement agencies' use of facial recognition technology (FRT), while not a new practice, has received increased attention from policymakers and the public. In the course of carrying out their duties, federal law enforcement agencies may use FRT for a variety of purposes. [...] This report provides an overview of federal law enforcement agencies' use of FRT, including the current status of scientific standards for its use. The report includes a discussion of how FRT may be used by law enforcement agencies with traditional policing missions as well as by those charged with securing the U.S. borders. It also discusses considerations for policymakers debating whether or how to influence federal, state, and local law enforcement agencies' use of FRT."
Library of Congress. Congressional Research Service
Finklea, Kristin; Harris, Laurie A.; Kolker, Abigail F. . . .
2020-10-27
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Immigration Relief for Victims of Trafficking [October 28, 2020]
From the Document: "Human trafficking occurs throughout the United States, and traffickers exploit vulnerable individuals for commercial sex and forced labor in a variety of legal and illegal industries. [...] under federal law there are certain protections from removal that are sometimes available to noncitizen victims of trafficking. [1] Noncitizen victims of trafficking are potentially eligible for the T nonimmigrant status, which protects them from removal and provides a path to permanent residency. [2] U nonimmigrant status is available to certain noncitizen victims of crime and may be available to trafficking victims who do not qualify for T status; the U status also provides a path to permanent residency. [3] Trafficking victims may be eligible for continued presence, which is not an immigration status but can offer protection from removal, among other benefits. This report provides a brief overview of human trafficking in the United States, discusses these three types of immigration relief available to trafficking victims, and presents relevant issues policymakers may consider regarding immigration protections available to these victims."
Library of Congress. Congressional Research Service
Kolker, Abigail F.; Finklea, Kristin
2020-10-28
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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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Visa Waiver Program [Updated June 29, 2020]
From the Summary: "The Visa Waiver Program (VWP), originally established in 1986 as a trial program and made permanent in 2000 (P.L. 106-396), allows nationals from 39 countries, many of which are in Europe, to enter the United States as temporary visitors (nonimmigrants) for business or pleasure without first obtaining a visa. Generally, temporary visitors for business or pleasure from non-VWP countries must obtain a visa from Department of State (DOS) officers at a consular post abroad before traveling to the United States. Some observers argue that the VWP strengthens national security because it sets standards for travel documents, requires information sharing between the member countries and the United States on criminal and security concerns, and mandates reporting of lost and stolen travel documents. VWP travelers have to present e-passports (i.e., passports with a data chip containing biometric information), which tend to be more difficult to alter than other types of passports. Nevertheless, some observers of the program have raised concerns about the possibility that terrorists will enter the United States under the VWP because those entering under the VWP undergo a biographic, rather than a biometric (i.e., fingerprint and digital photograph),security screening and do not need to interview in person with a U.S. consular official before embarking for the United States."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2020-06-29
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Immigration: Public Charge [Updated August 4, 2020]
From the Document: "Immigration law in the United States has long contained exclusion and removal provisions designed to limit government spending on indigent non-U.S. nationals. (Non-U.S. nationals are referred to as 'aliens' in immigration law.) Under the Immigration and Nationality Act (INA), an alien may be denied admission into the United States or lawful permanent resident (LPR) status if he or she is 'likely at any time to become a public charge' (8 U.S.C. §1182(a)(4)). An admitted alien may also be subject to removal from the United States based on a separate public charge ground of deportability, but this is rarely employed. The Department of Homeland Security (DHS) and the Department of State (DOS) have primary responsibility for implementing the public charge ground of inadmissibility. DHS makes public charge inadmissibility determinations for aliens seeking admission or 'adjustment' from a temporary status to LPR status. DOS consular officers make public charge inadmissibility determinations for aliens abroad applying for U.S. visas, based on guidance in the Foreign Affairs Manual (FAM). While this applies to both immigrant and nonimmigrant (i.e.,temporary) visas, in practice it is rarely employed for nonimmigrant visas. Certain categories of aliens, such as refugees and asylees, are exempted from the public charge ground of inadmissibility. It is not applicable to aliens who are applying for citizenship (i.e., naturalization)."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2020-08-04
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Noncitizen Eligibility for Federal Housing Programs [Updated July 23, 2020]
From the Introduction: "The federal government has authorized and funds a variety of housing programs, including direct assistance for low-income renters; grants and other aid for states, localities, and nonprofits to meet local housing needs; and loans and loan guarantees for mortgage lending to support homeownership. The availability of these programs for noncitizens varies depending on the underlying laws that authorize or govern them, the federal agencies that administer them and the guidance they have issued, and the immigration status of a noncitizen and his or her household members. (While this report discusses policy implementation and the positions agencies have taken under the statutes, it does not provide a legal analysis of ambiguities in the statutes.) This report begins by introducing the range of federal housing programs and the range of immigration statuses of noncitizens. It continues with an overview of the relevant statutes governing noncitizen eligibility, followed by a discussion of policy implementation as applied to various programs. The report closes with a discussion of recent administrative actions relevant to federal housing programs."
Library of Congress. Congressional Research Service
McCarty, Maggie; Kolker, Abigail F.
2020-07-23
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Immigration: Public Charge [Updated August 13, 2020]
From the Document: "Immigration law in the United States has long contained exclusion and removal provisions designed to limit government spending on indigent non-U.S. nationals. (Non-U.S. nationals are referred to as aliens in immigration law.) Under the Immigration and Nationality Act (INA), an alien may be denied admission into the United States or lawful permanent resident (LPR) status if he or she is 'likely at any time to become a public charge' (8 U.S.C. §1182(a)(4)). An admitted alien may also be subject to removal from the United States based on a separate public charge ground of deportability, but this is rarely employed."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2020-08-13
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Biometric Entry-Exit System: Legislative History and Status [August 27, 2020]
From the Document: "The Department of Homeland Security (DHS) is statutorily required to develop and implement an automated biometric (i.e., physical characteristics such as fingerprints, face, or irises) entry-exit system for foreign nationals (referred to as 'aliens' in immigration law) traveling into and out of the United States. The goals of this system are to strengthen national security and help enforce immigration law without disrupting the flow of authorized travel and commerce. The biometric entry system is said to be fully operationalized, whereas the biometric exit system is still being implemented."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2020-08-27
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Adding Countries to the Visa Waiver Program: Effects on National Security and Tourism [April 1, 2020]
From the Introduction: "The U.S. government's Visa Waiver Program (VWP) allows eligible nationals from 39 countries to enter the United States for stays of fewer than 90 days for tourism or business purposes without applying for a visa from a U.S. embassy or consulate. [...] This report offers an overview of the VWP. It discusses the potential effects on national security and considers the likely economic effects on the U.S. travel and tourism industries if more countries were to be added to the program. The report also reviews legislative proposals in the 116th Congress related to the expansion and implementation of the VWP, and legislation targeting U.S. travel promotion--namely the Brand USA program, which is partially funded by ESTA [Electronic System for Travel Authorization]."
Library of Congress. Congressional Research Service
Kolker, Abigail F.; Platzer, Michaela D.
2020-04-01
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Immigration: Public Charge [Updated September 15, 2020]
From the Document: "Immigration law in the United States has long contained exclusion and removal provisions designed to limit government spending on indigent non-U.S. nationals. (Non-U.S. nationals are referred to as 'aliens' in immigration law.) Under the Immigration and Nationality Act (INA), an alien may be denied admission into the United States or lawful permanent resident (LPR) status if he or she is 'likely at any time to become a public charge' (8 U.S.C. §1182(a)(4)). An admitted alien may also be subject to removal from the United States based on a separate public charge ground of deportability, but this is rarely employed. The Department of Homeland Security (DHS) and the Department of State (DOS) have primary responsibility for implementing the public charge ground of inadmissibility. DHS makes public charge inadmissibility determinations for aliens seeking admission or 'adjustment' from a temporary status to LPR status. DOS consular officers make public charge inadmissibility determinations for aliens abroad applying for U.S. visas, based on guidance in the Foreign Affairs Manual (FAM). While this applies to both immigrant and nonimmigrant (i.e., temporary) visas, in practice it is rarely employed for nonimmigrant visas."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2020-09-15
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Immigration: DHS Final Rule on Public Charge [January 29, 2020]
From the Document: "On January 27, 2020, the Supreme Court of the United States (SCOTUS) lifted two nationwide preliminary injunctions that blocked the implementation of the public charge final rule. The Department of Homeland Security (DHS) published this rule on August 14, 2019, and it was set to take effect on October 15, 2019. Multiple lawsuits and preliminary injunctions had halted the rule; the SCOTUS' ruling now permits its implementation while litigation on the merits continues. U.S. Citizenship and Immigration Services announced that it will begin enforcing the new regulations on February 24, 2020, except in Illinois (where a statewide preliminary injunction is still in effect)."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2020-01-29
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Noncitizen Eligibility for the Second Round of Direct Payments to Individuals [January 19, 2021]
From the Introduction: "The Consolidated Appropriations Act, 2021 (P.L. 116-260) was signed into law on December 27, 2020. It includes a second round of pandemic-related direct payments to individuals--referred to in the law as '2020 recovery rebates' and as Economic Impact Payments by the Internal Revenue Service (IRS). This second set of direct payments is similar to the first under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), as it was originally enacted, with two notable exceptions: the payment amount and the taxpayer identification requirement for certain mixed immigration status families, which are the focus of this Insight."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2021-01-19
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Facial Recognition Technology for Certain Traveler and Noncitizen Identity Verification [June 29, 2021]
From the Document: "Facial recognition technology (FRT), which uses algorithms to compare faces against a collection of known faces, is a biometric tool employed by law enforcement [hyperlink], including U.S. Customs and Border Protection (CBP) officials. FRT can be used to verify the identity of travelers and certain noncitizens awaiting entry. FRT is used in two primary ways: [1] identification searches, comparing features of a probe [hyperlink] photo with those in a database of images to produce a gallery of potential matches ranked by similarity (not a single affirmative match), and [2] identity verifications, comparing a probe photo against known photos to produce a binary, match/no match result."
Library of Congress. Congressional Research Service
Finklea, Kristin; Kolker, Abigail F.
2021-06-29
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Unauthorized Immigrants' Access to COVID-19 Vaccines [February 25, 2021]
From the Document: "COVID-19 [coronavirus disease 2019] vaccines have been widely viewed as a means of reducing the spread of COVID-19 and facilitating a return to work and school. In general, for COVID-19 vaccines to effectively reduce disease transmission, a large percentage of the population must be vaccinated. This includes anyone who resides in the United States regardless of their authorization to do so. This Insight covers the distribution of COVID-19 vaccine to unauthorized immigrants (sometimes referred to as 'undocumented') in the United States--a population that may face barriers to vaccine access."
Library of Congress. Congressional Research Service
Heisler, Elayne J., 1976-; Kolker, Abigail F.
2021-02-25
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Unauthorized Immigrants' Eligibility for COVID-19 Relief Benefits: In Brief [May 1, 2020]
From the Introduction: "Of the 44.4 million foreign-born individuals residing in the United States in 2017, about one-quarter (10.5 million) were estimated to be unauthorized immigrants. Nearly two-thirds of unauthorized immigrants have resided in the United States for over 10 years. The degree to which unauthorized immigrants should be accorded certain rights and privileges as a result of their residence in the United States has long been the subject of congressional interest, which has been heightened amidst the coronavirus pandemic and the congressional response to its impact on the economy. Prior to 1996, there was no uniform rule governing which categories of foreign nationals (i.e., 'aliens' ) residing in the United States were eligible for which government-provided benefits and services. Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193) established comprehensive restrictions on the eligibility of noncitizens for federal public benefits. These restrictions applied to the majority of non-naturalized (i.e., non-U.S. citizen) foreign-born persons, including lawful permanent residents (also known as 'green card holders'), asylees and refugees, nonimmigrants, and unauthorized immigrants. This report focuses exclusively on the unauthorized population; it outlines their eligibility for federal benefits generally, and for benefits included in the Families First Coronavirus Response Act (FFCRA; P.L. 116-127) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) specifically."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2020-05-01
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Noncitizen Eligibility for Medicaid and CHIP [August 25, 2021]
From the Document: "Medicaid and the State Children's Health Insurance Program (CHIP) provide a health care safety net for low-income populations. The availability of these programs for noncitizens (i.e., 'aliens' in immigration law) depends on the noncitizen's immigration status and certain other factors. The Migration Policy Institute estimates 2.4 million low-income noncitizens were enrolled in Medicaid, CHIP, or another public health insurance program in 2019. This In Focus provides an overview of Medicaid/CHIP eligibility rules for non-U.S. citizens."
Library of Congress. Congressional Research Service
Baumrucker, Evelyne P.; Kolker, Abigail F.
2021-08-25
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Poland Designated into Visa Waiver Program [November 13, 2019]
From the Document: "On November 6, 2019, Acting Secretary of Homeland Security Kevin K. McAleenan announced the designation of Poland into the Visa Waiver Program (VWP). The VWP allows citizens of designated countries to visit the United States without obtaining visas. Poland--one of five EU countries that until now had not been designated into the VWP--had been working with the Department of Homeland Security (DHS) for over a decade to meet the program's criteria (see list of criteria below). In FY2019, Poland met the requirement of having a nonimmigrant visa refusal rate below 3%. On October 4, 2019, President Trump announced that the Department of State formally nominated Poland for the VWP, and one month later DHS announced its designation into the program. Polish nationals will be able to apply online for travel authorization starting November 11, 2019."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2019-11-13
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Trusted Traveler Programs [May 5, 2021]
From the Summary: "Trusted traveler programs expedite the inspection of preapproved, low-risk travelers to the United States. Trusted traveler programs help the Transportation Security Administration (TSA) and U.S. Customs and Border Protection (CBP) achieve their goals of facilitating the lawful flow of people and goods while preventing the entry of unauthorized individuals, criminals, terrorists, and contraband. Trusted traveler programs operate at various combinations of air, land, and sea ports of entry. They all screen individuals arriving at a U.S. port of entry, and some programs screen those departing the United States, those traveling within the United States, or those embarking on U.S.-bound travel (i.e., at international preclearance locations). [...] This report discusses the five major U.S. trusted traveler programs: PreCheck, Global Entry, NEXUS (not an acronym), Secure Electronic Network for Travelers Rapid Inspection (SENTRI), and Free and Secure Trade (FAST). PreCheck is an expedited security screening process at U.S. airports. Global Entry allows for expedited clearance for preapproved, low-risk travelers when they enter the United States by air. NEXUS allows prescreened travelers expedited processing when entering the United States or Canada by air, land, or sea. SENTRI allows for expedited clearance for preapproved, low-risk travelers at certain land ports of entry along the U.S.-Mexico border. FAST is a commercial truck clearance program that provides expedited processing for known, low-risk shipments entering the United States from Canada and Mexico."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2021-05-05
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287(g) Program: State and Local Immigration Enforcement [August 12, 2021]
From the Document: "Section 287(g) of the Immigration and Nationality Act (INA), codified in 8 U.S.C. [United States Code] §1357(g), permits the delegation of certain immigration enforcement functions to state and local law enforcement agencies. Agreements entered pursuant to INA §287(g) (commonly referred to as §287(g) 'agreements') enable specially trained state or local officers to perform specific functions relating to the investigation, apprehension, or detention of noncitizens during a predetermined time frame and under federal oversight by the Department of Homeland Security's (DHS's)Immigration and Customs Enforcement (ICE). Although §287(g) agreements were authorized as part of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (P.L. [Public Law] 104-208, Division C, IIRIRA), the first §287(g) agreement was implemented in 2002 after the law was given new urgency following the terrorist attacks on September 11, 2001. The number of state and local law enforcement agencies (LEAs) with §287(g) agreements increased to 72 in 2011 before declining to 35 by the end of the Obama Administration. In 2017, President Trump issued Executive Orders 13767 and 13768 directing executive agencies to encourage maximum participation of LEAs in the 287(g) program. During the Trump Administration, from January 2017 until September 2020, the number of LEAs with §287(g) agreements increased by more than 300%, from 35 to 150."
Library of Congress. Congressional Research Service
Kolker, Abigail F.
2021-08-12
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