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• Immigration Legislation and Issues in the 111th Congress [January 18, 2011]

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  "The Speaker of the House and the Senate majority leader of the 111th Congress pledged to take up comprehensive immigration reform legislation, the most controversial piece of which concerns unauthorized aliens in the United States. Although the 111th Congress did not take up a comprehensive immigration bill, it did consider a narrower DREAM Act proposal to legalize the status of certain unauthorized alien students. On December 8, 2010, the House approved a version of the DREAM Act as an amendment to an unrelated bill, the Removal Clarification Act of 2010 (H.R. 5281). A cloture motion in the Senate to agree to the House DREAM Act amendment failed on a 55-41 vote on December 18, 2010. The 111th Congress also considered other immigration issues and enacted a number of targeted immigration provisions. It passed legislation (P.L. 111-8, P.L. 111-9, P.L. 111-68, P.L. 111-83) to extend the life of several immigration programs--the E-Verify electronic employment eligibility verification system, the Immigrant Investor Regional Center Program, the Conrad State J-1 Waiver Program, and the special immigrant visa for religious workers--until September 30, 2012. Among the other subjects of legislation enacted by the 111th Congress were border security (P.L. 111-5, P.L. 111-32, P.L. 111-83, P.L. 111-230, P.L. 111-281, P.L. 111-376), refugees (P.L. 111-8, P.L. 111-117), and Haitian migrants (P.L. 111-212, P.L. 111-293). This report discusses these and other immigration-related issues that have received legislative action or are of significant congressional interest. Department of Homeland Security (DHS) appropriations are addressed in CRS Report R40642, 'Homeland Security Department: FY2010 Appropriations,' and, for the most part, are not covered here."

  Library of Congress. Congressional Research Service

  Ester, Karma; Bruno, Andorra; Lee, Margaret Mikyung

  2011-01-18
• U.S. Citizenship of Persons Born in the United States to Alien Parents [September 13, 2005]

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  "Over the last decade or so, concern about the level of immigration, focused particularly on illegal immigration, has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Fourteenth Amendment of the U.S. Constitution and §301(a) of the Immigration and Nationality Act [INA] (8 U.S.C. §1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention and interest in restricting automatic birthright citizenship, after the revelation that Hamdi was a U.S. citizen by birth in Louisiana to parents who were Saudi nationals in the United States on non-immigrant work visas and arguably entitled to rights not available to foreign enemy combatants. This report traces the history of this principle under U.S. law and discusses some of the legislation in recent Congresses intended to alter it."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2005-09-13
• Expedited Citizenship Through Military Service: Current Law, Policy, and Issues [February 25, 2009]

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  "As of the date of this report, there appeared to be no legislation in the 111th Congress concerning immigration benefits related to military service. Although some bills providing such benefits were enacted during the 110th Congress, several issues and proposals remain unresolved and may be addressed during the 111th Congress." The report primary includes information on "legislative activity since the beginning of the War on Terrorism on September 11, 2001, may provide guidance for future legislation based on the types of legislation that have been considered but have not yet been enacted, as well as those that have already been enacted. There continues to be congressional interest in further streamlining and expediting the naturalization process for military personnel and in providing immigration benefits specifically for immediate relatives of such personnel."

  Library of Congress. Congressional Research Service

  Wasem, Ruth Ellen; Lee, Margaret Mikyung

  2009-02-25
• Immigration: Analysis of the Major Provisions of the REAL ID Act of 2005 [Updated May 25, 2005]

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  "During the 108th Congress, a number of proposals related to immigration and identification-document security were introduced, some of which were considered in the context of implementing recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) and enacted pursuant to the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458). At the time that the Intelligence Reform and Terrorism Prevention Act was adopted, some congressional leaders reportedly agreed to revisit certain immigration and document-security issues in the 109th Congress that had been dropped from the final version of the act."

  Library of Congress. Congressional Research Service

  Garcia, Michael John; Tatelman, Todd; Lee, Margaret Mikyung

  2005-05-25
• Expedited Citizenship Through Military Service: Policy and Issues [Updated September 30, 2003]

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  "Since the events of September 11, 2001, and the war against terrorism started with Operation Enduring Freedom and Operation Noble Eagle, there has been interest in legislation to expand the citizenship benefits of aliens serving in the military, which has increased considerably since the beginning of Operation Iraqi Freedom in March 2003. The reported deaths in action of noncitizen soldiers have drawn attention to provisions of the Immigration and Nationality Act (INA) that grant posthumous citizenship for those who die as a result of active-duty service during a period of hostilities. The INA also provides for expedited naturalization for noncitizens serving in the United States military. During peacetime, noncitizens in the military may petition to naturalize after 3 years aggregate military service rather than the requisite 5 years of legal permanent residence. During periods of military hostilities, noncitizens serving in the armed forces can naturalize immediately. On July 3, 2002, President George W. Bush designated the period beginning on September 11, 2001, as a 'period of hostilities,' which triggered immediate naturalization eligibility for active-duty U.S. military servicemembers, whereupon the Department of Defense and the former Immigration and Naturalization Service announced that they would work together to ensure that military naturalization applications were processed expeditiously. This has sparked interest in legislation to further expedite the naturalization process for military servicemembers. As of February 2003, there were 37,000 noncitizens serving in active duty in the U.S. armed forces, almost 12,000 foreign nationals serving in the selected reserves, and another 8,000 serving in the inactive national guard and ready reserves."

  Library of Congress. Congressional Research Service

  Wasem, Ruth Ellen; Lee, Margaret Mikyung

  2005-09-30
• Restricting Trademark Rights of Cubans: WTO Decision and Congressional Response [March 9, 2004]

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  The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) has ruled against certain restrictions on the trademark rights of Cubans imposed under § 211 ofthe Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998. Congress has responded with several proposals to comply with the ruling, some focused on repeal of § 211 as part of broader proposed amendments to Cuban trade sanctions, others on repeal coupled with alternative methods of ensuring Cuba's protection of trademark rights of Americans. This report will be updated as legislative activity occurs or other events warrant.

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2004-03-09
• Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents [August 12, 2010]

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  "Over the last decade or so, concern about illegal immigration has sporadically led to a reexamination of a long-established tenet of U.S. citizenship, codified in the Citizenship Clause of the Fourteenth Amendment of the U.S. Constitution and §301(a) of the Immigration and Nationality Act (INA) (8 U.S.C. §1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention and interest in restricting automatic birthright citizenship, after the revelation that Hamdi was a U.S. citizen by birth in Louisiana to parents who were Saudi nationals in the United States on non-immigrant work visas and arguably entitled to rights not available to foreign enemy combatants. More recently, some congressional Members have supported a revision of the Citizenship Clause or at least holding hearings for a serious consideration of it. An Arizona state legislator has voiced support for state legislation that would deny birth certificates to persons born to undocumented aliens. This report traces the history of this principle under U.S. law and discusses some of the legislation in recent Congresses intended to alter it."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2010-08-12
• Constitutionality of Excluding Aliens from the Census for Apportionment and Redistricting Purposes [January 20, 2010]

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  "In the 2010 decennial census, the Census Bureau will attempt to count the total population of the United States. This includes, as in previous censuses, all U.S. citizens, lawfully present aliens, and unauthorized aliens. Some have suggested excluding aliens, particularly those who are in the country unlawfully, from the census count, in part so that they would not be included in the data used to apportion House seats among the states and determine voting districts within them. [...] From time to time, Congress has considered legislation that would exclude all aliens or only unauthorized aliens from being included in the census to apportion House seats among the states. Such legislation would have either amended the Census Clause of the Constitution or enacted or amended federal census statutes. In the 111th Congress, legislation has been introduced that uses both approaches. The Fairness in Representation Act would statutorily exclude aliens from the population count for apportionment purposes (H.R. 3797 and S. 1688). Under the above analysis, it would not appear to be constitutionally sufficient for Congress to amend the federal census statutes in such manner. Meanwhile, H.J.Res. 111 would take the other approach and amend the Constitution so that only U.S. citizens would be counted in the apportionment calculation. Other legislation in the 111th Congress would not raise the same constitutional issues since they would not appear to require the exclusion of any individuals for apportionment purposes. An amendment introduced by Senator Vitter to the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010 (S.Amdt. 2635 to H.R. 2847), would have cut off funding for the census unless the census form included questions regarding citizenship and immigration status. The amendment was subsequently ruled to be non-germane. On the other side of the issue, the Every Person Counts Act (H.R. 3855) would prohibit the Census Bureau from asking about U.S. citizenship or immigration status."

  Library of Congress. Congressional Research Service

  Lunder, Erika; Lee, Margaret Mikyung

  2010-01-20
• Expedited Citizenship Through Military Service: Current Law, Policy and Issues [Updated February 11, 2008]

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  "Since the beginning of Operation Iraqi Freedom in March 2003 there has been considerable interest in legislation to expand the citizenship benefits of aliens serving in the military. The reported deaths in action of noncitizen soldiers drew attention to provisions of the immigration laws that grant posthumous citizenship to those who die as a result of active-duty service during a period of hostilities and to the advantages of further expediting naturalization for noncitizens serving in the United States military. In the wake of September 11, 2001, and the war against terrorism, President George W. Bush officially designated the period beginning on September 11, 2001, as a 'period of hostilities,' which triggered immediate naturalization eligibility for active-duty U.S. military service members. […]. Title XVII of P.L. 108-136, the National Defense Authorization Act for Fiscal Year 2004 (November 24, 2003), entitled 'Naturalization and Other Immigration Benefits for Military Personnel and Families,' amended existing military naturalization statutes by reducing the period of service required for naturalization based on peacetime service from three years to one year; waiving fees for naturalization based on military service during peacetime or wartime; permitting naturalization processing overseas in U.S. embassies, consulates, and military bases; providing for priority consideration for military leave and transport to finalize naturalization; and by extending naturalization based on wartime service to members of the Selected Reserve of the Ready Reserve."

  Library of Congress. Congressional Research Service

  Wasem, Ruth Ellen; Lee, Margaret Mikyung

  2008-02-11
• Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents [January 10, 2012]

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  "In the current and recent Congresses, some Members have supported introducing legislation that would revise or reinterpret the Citizenship Clause to address concerns that (1) children born to unauthorized aliens become an avenue to legal status for their parents and siblings when they turn 21 years old, and (2) affluent pregnant foreigners come to the United States on tourist visas to give birth to their children and thus provide them with U.S. citizenship. Such legislation also responds to more general public concern about the lack of movement on comprehensive federal immigration reform legislation. In the 112th Congress, H.R. 140, §301 of H.R. 1196, S. 723, and S.J.Res. 2 would amend the Constitution and/or the INA to exclude persons born in the United States from citizenship at birth if their parents were unlawfully present in the United States or were nonimmigrant aliens. In order for a child to be a citizen at birth under these proposals, at least one parent would have to be a U.S. national, a lawful permanent resident (LPR) who resides in the United States, or an alien serving on active duty in the U.S. Armed Forces. No legislative action beyond committee referral has occurred on any of these measures."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2012-01-10
• Private Immigration Legislation [August 9, 2005]

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  "Private immigration bills warrant careful consideration with regard to precedent since they are a special form of relief allowing the circumvention of the public laws concerning immigration and nationality in uniquely meritorious cases. This report will give an overview of the congressional subcommittee procedure and precedents concerning private immigration bills. This report will not cover parliamentary procedural issues for private bills, which are covered by CRS Report 98-628, Private Bills: Procedure in the House, by Richard S. Beth. Congressional authority over immigration is not explicit in the U.S. Constitution, but generally is considered to derive from several constitutional clauses. The U.S. Supreme Court has noted that, 'The Constitution grants Congress the power to establish an uniform Rule of Naturalization.' Art. I., § 8, cl. 4. Drawing upon this power, upon its plenary authority with respect to foreign relations and international commerce, and upon the inherent power of a sovereign to close its borders, Congress has developed a complex scheme governing admission to our Nation and status within our borders.' Further, the Fourteenth Amendment defines citizens as 'all persons born or naturalized in the United States and subject to the jurisdiction thereof.' Amend. XIV, § 1, cl. 1. Although some legal scholars have argued that the phrase 'uniform Rule of Naturalization' precludes Congress from enacting legislation granting relief to a specific individual, the courts have interpreted the phrase as simply requiring geographic uniformity throughout the States, meaning that Congress cannot enact legislation applying different rules to different States."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2005-08-09
• Immigration Litigation Reform [May 8, 2006]

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  "Beginning with the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), legislation and administrative actions have focused on reducing immigration litigation by limiting and streamlining both administrative appeal and judicial review procedures and by rendering aliens in certain categories ineligible for certain types of relief from removal. Despite these efforts, other changes made by the 1996 Acts increased litigation by expanding the scope of the grounds for inadmissibility and deportation and the definition of aggravated felony, which effectively further expanded the grounds for deportation. Increased enforcement efforts coupled with the increasing numbers of illegal aliens present in the country have also increased litigation as more aliens are placed in removal proceedings. In 2002, then-Attorney General Ashcroft implemented procedural reforms in the Board of Immigration Appeals [BIA] intended to eliminate the existing BIA backlog of cases and to provide for current efficient disposition of cases. These changes have resulted in a shift of the backlog and the number of appeals to the federal appellate courts. Changes proposed by H.R. 4437, S. 2454, S.Amdt. 3192, and S. 2611/S. 2612, among other bills, would continue the trend of streamlining procedures and limiting immigration litigation, appeals to the Board of Immigration Appeals and judicial review."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2006-05-08
• U.S. Citizenship of Persons Born in the United States to Alien Parents [Updated May 12, 2006]

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  "Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Fourteenth Amendment of the U.S. Constitution and §301(a) of the Immigration and Nationality Act (INA) (8 U.S.C. §1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or lineage of the parents. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened attention and interest in restricting automatic birthright citizenship, after the revelation that Hamdi was a U.S. citizen by birth in Louisiana to parents who were Saudi nationals in the United States on non-immigrant work visas and arguably entitled to rights not available to foreign enemy combatants. This report traces the history of this principle under U.S. law and discusses some of the legislation in recent Congresses intended to alter it."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2006-05-12
• Phthalates in Plastics and Possible Human Health Effects [July 14, 2008]

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  "Roughly a dozen chemicals known as phthalates are used to make the plastics found in thousands of consumer products, ranging from medical tubing to automotive dashboards to bath toys. These phthalates are not tightly held by the plastics and are released into the environment over time. Congress is concerned about possible human health effects from exposure to six of these chemicals: di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), and di-n-octyl phthalate (DnOP). DEHP, DBP, BBP, and (to less extent) DINP are known to be toxic to the reproductive systems of rodents. Recent experiments demonstrate that pre-natal exposure at a sufficient level to these same phthalates disrupts the normal action of hormones and can cause malformations of the reproductive organs of offspring (especially males). […] The scientific basis for concerns about human health risks appears to be strong in the case of some phthalates (such as DEHP), adequate with respect to others (perhaps DINP), and weak for the remaining chemicals (for example, DIDP and DnOP). The strongest evidence with respect to developmental effects has been produced since about the year 2000. The Senate amendment would codify the voluntary agreements reached by CPSC with product manufacturers and reduce exposure to one particular phthalate. New formulations for toys and child-care products may pose greater or fewer risks than current formulations."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung; Schierow, Linda-Jo

  2008-07-14
• Fair Debt Collection Practices Act (FDCPA) [April 11, 2013]

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  "The recent fiscal crisis and recession have accentuated debt collection issues, prompted federal regulatory and enforcement activities regarding the debt collection industry, and motivated assessments of the effectiveness of the Fair Debt Collection Practices Act (FDCPA). The Consumer Financial Protection Bureau (Bureau or CFPB) and the Federal Trade Commission (FTC), the two main agencies charged with regulating and/or enforcing the FDCPA, have identified debt buying, the use of litigation as a collection strategy, and the impact of current technology on the debt collection industry as three major developments that did not exist when the FDCPA was enacted in 1977. They have conducted analyses of consumer complaints about FDCPA violations and studies and workshops to evaluate the debt-buying industry and the impact of technological developments such as social media, email, mobile phones, etc., on how debt collectors communicate with consumers and find information about consumer debts. At present, about 30 million Americans, nearly 10% of the population, are subject to debt collection for amounts averaging $1,500 per person, according to the CFPB."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2013-04-11
• Immigration Legislation and Issues in the 113th Congress [November 4, 2014]

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  "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
• Immigration Legislation and Issues for the 113th Congress [November 20, 2013]

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  "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
• Overview of Judicial Review of Immigration Matters [September 11, 2013]

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  "Congress has plenary or sovereign power over the conditions for admitting aliens into the United States and permitting them to remain. This power is so completely entrusted to the political branch to legislate and implement as to be largely free from judicial review. However, this power is still subject to constitutional limitations, including substantive and procedural due process protections. In immigration cases, due process may be a flexible concept and the particular procedures that may be constitutionally required depend on the relative interests involved. Historically, immigration policy has sought to encourage and enable the admission and integration of desirable immigrants (workers, family, refugees/asylees), while discouraging and preventing the entry of undesirable aliens (national security risks/terrorists, criminals, public charges). Accordingly, in deciding what degree of judicial review is appropriate in immigration matters, Congress has sought a balance between a system that is fair to desired immigrants, yet facilitates the removal of undesired aliens. Initially, a habeas corpus proceeding provided the primary avenue of judicial review of various immigration determinations. In the wake of Supreme Court decisions construing the Administrative Procedure Act as applying to and providing an avenue for judicial review of immigration adjudications, Congress amended the Immigration and Nationality Act (INA) of 1952 by adding a judicial review provision in 1961 that provided for review by federal courts of appeal for deportation orders, but only for habeas corpus review of exclusion orders by federal district courts."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2013-09-11
• Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents [August 20, 2015]

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  From the Summary: "Over the past couple of decades, growing concern about illegal immigration, chain migration, and national security has led some Members of Congress to reexamine the long-established tenet that a person who is born in the United States and subject to its jurisdiction is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents. This concept of birthright citizenship is codified in the Citizenship Clause of the Fourteenth Amendment of the U.S. Constitution and Section 301(a) of the Immigration and Nationality Act (INA, codified at 8 U.S.C. §1401(a)). Proponents of birthright citizenship limits believe that the current law encourages illegal immigration by aliens hoping that their U.S.-born children will eventually enable lawful status for family members. The war on terror and the case of Yaser Esam Hamdi, a U.S.-Saudi dual national captured in Afghanistan fighting with Taliban forces, further heightened interest in restricting automatic birthright citizenship. Although Hamdi's parents were Saudi nationals in the United States on nonimmigrant work visas, Hamdi was a U.S. citizen by birth in Louisiana and thus entitled to certain due-process rights not available to foreign enemy combatants. More recently, the media reports have drawn congressional attention to 'birth tourism,' in which wealthy, pregnant foreigners allegedly travel to the United States so that their children will be born as U.S. citizens. The 2016 presidential race renewed the debate on restricting automatic birthright citizenship due to Donald Trump's avowed support of restrictions followed by other candidates' statements supporting or opposing restrictions."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2015-08-20
• World Intellectual Property Organization (WIPO) Treaty on the Protection of Broadcasting Organizations [January 27, 2009]

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  "Existing international agreements relevant to broadcasting protections do not cover advancements in broadcasting technology that were not envisioned when they were concluded. Therefore, in 1998 the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) decided to negotiate and draft a new treaty that would extend protection to new methods of broadcasting. The SCCR has not yet achieved consensus on a text. In recent years, a growing signal piracy problem has increased the urgency of concluding a new treaty, resulting in a decision by the WIPO General Assembly to restrict the focus of the treaty to signal-based protections for traditional broadcasting organizations and cablecasting. Consideration of controversial issues of webcasting (advocated by the United States) and simulcasting protections have been postponed. However, much work remains to achieve a final proposed text as the basis for formal negotiations to conclude a treaty. Despite a concerted effort to conclude a treaty in 2007, in June 2007 the SCCR decided that more time and work were needed. Further discussions occurred during SCCR meetings in 2008, but no decisions were made. The treaty remains an active item on the SCCR agenda. A concluded treaty would not take effect for the United States unless Congress were to enact implementing legislation and the United States were to ratify the treaty with the advice and consent of the Senate. Noting that the United States is not a party to the existing 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, various U.S. stakeholders have argued that a new broadcasting treaty is not needed, that any new treaty should not inhibit technological innovation or consumer use, and that Congress should exercise greater oversight over U.S. participation in the negotiations."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2009-01-27
• Who's Your Mommy/Daddy? Citizenship Policy Evolves with Medical Technology [January 27, 2015]

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  "Who can be the foreign-born child of a U.S. citizen? Once upon a time, when Congress enacted the birthright citizenship laws (last amended in 1994), the answer was relatively simple. U.S. citizens needed to meet certain requirements to transmit U.S. citizenship to their non-adopted children born abroad; other requirements applied to international adoptions. The citizenship statutes do not define who is a biological or natural parent or child for purposes of citizenship transmission because there was no need to do so when they were enacted. However, developments in modern reproductive technology and its increased accessibility to and use by couples as a method for having children have complicated the legal definition of the parent-child relationship. Furthermore, contemporaneous changes in the legal definition of what constitutes a marriage or marital-type relationship have additionally complicated the legal definition of a parent-child relationship or family unit. Legal commentators and immigration and family advocates seem to agree that the federal laws have not kept pace with these technological and legal developments. The federal government has attempted to resolve the conundrum posed by the impact of reproductive technology on certain citizenship laws by changing its interpretation of the parent-child relationship and its method of determining the existence of this relationship."

  Library of Congress. Congressional Research Service

  Lee, Margaret Mikyung

  2015-01-27
• Immigration Legislation and Issues in the 110th Congress [Updated September 4, 2008]

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  "Comprehensive immigration reform was the subject of much discussion at the start of the 110th Congress. In the 109th Congress, both the House and the Senate passed major immigration bills, but they were never reconciled. During the first session of the 110th Congress, a bipartisan group of Senators developed broad immigration reform legislation with the active involvement of the Bush Administration. Aimed at addressing a host of perceived problems with the U.S. immigration system, this legislation combined border security and interior enforcement provisions with provisions on temporary workers, permanent admissions, and unauthorized aliens. The Senate considered several immigration reform measures (S. 1348, S.Amdt.1150 to S. 1348, S. 1639) in May and June of 2007. On June 28, 2007, the Senate voted on a motion to invoke cloture on S. 1639, which, if approved, would have ultimately brought the bill to a vote. The cloture motion failed, however, on a vote of 46 to 53, and the Senate Majority Leader pulled the bill from the Senate floor. [...] This report discusses immigration-related issues that have seen legislative action or are of significant congressional interest."

  Library of Congress. Congressional Research Service

  Kim, Yule; Lee, Margaret Mikyung; Garcia, Michael John . . .

  2008-09-04
• Immigration Legislation and Issues in the 110th Congress [Updated May 9, 2008]

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  "Comprehensive immigration reform was the subject of much discussion at the start of the 110th Congress. In the 109th Congress, both the House and the Senate passed major immigration bills, but they were never reconciled. During the first session of the 110th Congress, a bipartisan group of Senators developed broad immigration reform legislation with the active involvement of the Bush Administration. Aimed at addressing a host of perceived problems with the U.S. immigration system, this legislation combined border security and interior enforcement provisions with provisions on temporary workers, permanent admissions, and unauthorized aliens. The Senate considered several immigration reform measures (S. 1348, S.Amdt.1150 to S. 1348, S. 1639) in May and June of 2007. On June 28, 2007, the Senate voted on a motion to invoke cloture on S. 1639, which, if approved, would have ultimately brought the bill to a vote. The cloture motion failed, however, on a vote of 46 to 53, and the Senate Majority Leader pulled the bill from the Senate floor. [...] This report discusses immigration-related issues that have seen legislative action or are of significant congressional interest."

  Library of Congress. Congressional Research Service

  Haddal, Chad C.; Nunez-Neto, Blas; Wasem, Ruth Ellen . . .

  2008-05-09
• Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005 [February 2, 2005]

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  "This report analyzes the major provisions of H.R. 418, which would, inter alia, (1) modify the eligibility criteria for asylum and withholding of removal; (2) limit judicial review of certain immigration decisions, (3) provide additional waiver authority over laws that might impede the expeditious construction of barriers and roads along the U.S.-Mexican border near San Diego; (4) expand the scope of terror-related activity making an alien inadmissible and deportable (removable), as well as ineligible for certain forms of relief from removal; and (5) require states to meet certain minimum security standards in order for the drivers' licenses and personal identification cards they issue to be accepted for federal purposes (a bill by Representative Tom Davis, containing only the provisions relating to drivers' licenses and personal identification cards, has also been introduced as H.R. 368, the Driver's License Security and Modernization Act). This report describes relevant current law relating to immigration and document-security matters, how H.R. 418 would alter current law if enacted, and the degree to which the bill duplicates existing law. It will be updated as events require."

  Library of Congress. Congressional Research Service

  Garcia, Michael John; Tatelman, Todd; Lee, Margaret Mikyung

  2005-02-02
• Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005 [Updated February 16, 2005]

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  "This report analyzes the major provisions of House-passed H.R. 418, which would, inter alia, (1) modify the eligibility criteria for asylum and withholding of removal; (2) limit judicial review of certain immigration decisions; (3) institute new standards and practices for bonds assuring the appearance of aliens for removal; (4) provide additional waiver authority over laws that might impede the expeditious construction of barriers and roads along land borders, including a 14-mile wide fence near San Diego; (5) expand the scope of terror-related activity making an alien inadmissible or deportable, as well as ineligible for certain forms of relief from removal; (6) require states to meet certain minimum security standards in order for the drivers' licenses and personal identification cards they issue to be accepted for federal purposes; (7) require the Secretary of Homeland Security to enter into the appropriate aviation security screening database the appropriate background information of any person convicted of using a false driver's license for the purpose of boarding an airplane; and (8) require the Department of Homeland Security to study and plan ways to improve U.S. security and improve inter-agency communications and information sharing, as well as establish a ground surveillance pilot program."

  Library of Congress. Congressional Research Service

  Garcia, Michael John; Tatelman, Todd; Lee, Margaret Mikyung

  2005-02-16
• Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005 [Updated May 9, 2005]

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  "This report analyzes the major provisions of the REAL ID Act, as contained in the conference report to H.R. 1268, which would, inter alia, (1) modify the eligibility criteria for asylum and withholding of removal; (2) limit judicial review of certain immigration decisions; (3) provide additional waiver authority over laws that might impede the expeditious construction of barriers and roads along land borders, including a 14-mile wide fence near San Diego; (4) expand the scope of terror-related activity making an alien inadmissible or deportable, as well as ineligible for certain forms of relief from removal; (5) require states to meet certain minimum security standards in order for the drivers' licenses and personal identification cards they issue to be accepted for federal purposes; (6) require the Secretary of Homeland Security to enter into the appropriate aviation security screening database the appropriate background information of any person convicted of using a false driver's license for the purpose of boarding an airplane; and (7) require the Department of Homeland Security to study and plan ways to improve U.S. security and improve inter-agency communications and information sharing, as well as establish a ground surveillance pilot program."

  Library of Congress. Congressional Research Service

  Garcia, Michael John; Tatelman, Todd; Lee, Margaret Mikyung

  2005-05-09