Electronic Employment Eligibility Verification

[Excerpt] Unauthorized immigration and unauthorized employment continue to be key issues in the ongoing debate over immigration policy. Today’s discussions about these issues build on the work of prior Congresses. In 1986, following many years of debate about unauthorized immigration to the United States, Congress passed the Immigration Reform and Control Act (IRCA). This law sought to address unauthorized immigration, in part, by requiring all employers to examine documents presented by new hires to verify identity and work authorization and to complete and retain employment eligibility verification (I 9) forms. Ten years later, in the face of a growing unauthorized population, Congress attempted to strengthen the employment verification process by establishing pilot programs for electronic verification, as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The Basic Pilot program (known today as E Verify), the first of the three IIRIRA employment verification pilots to be implemented and the only one still in operation, began in November 1997. Originally scheduled to terminate in November 2001, it has been extended several times. It is currently authorized until September 30, 2018, in accordance with the Consolidated Appropriations Act, 2018 (P.L. 115 141). E Verify is administered by the Department of Homeland Security’s (DHS’s) U.S. Citizenship and Immigration Services (USCIS). As of April 2, 2018, there were 779,722 employers enrolled in E Verify, representing more than 2.5 million hiring sites. E Verify is a largely voluntary program, but there are some mandatory participation requirements. Among them is a rule, which became effective in 2009, requiring certain federal contracts to contain a new clause committing contractors to use E Verify. Under E Verify, participating employers enter information about their new hires (name, date of birth, Social Security number, immigration/citizenship status, and alien number, if applicable) into an online system. This information is automatically compared with information in Social Security Administration and, if necessary, DHS databases to verify identity and employment eligibility. Legislation on electronic employment eligibility verification has been considered in recent Congresses. In weighing proposals on electronic employment verification, Congress may find it useful to evaluate them in terms of their potential impact on a set of related issues: unauthorized employment; verification system accuracy, efficiency, and capacity; discrimination; employer compliance; privacy; and verification system usability and employer burden

Immigration-Related Worksite Enforcement: Performance Measures

[Excerpt] According to the estimates by the Department of Homeland Security (DHS), some 11.4 million unauthorized immigrants were living in the United States in 2012.1 The Pew Research Center’s unauthorized alien population estimate for 2012 was 11.2 million, which included some 8.1 million unauthorized workers in the U.S. civilian workforce.2 It is widely believed that most unauthorized aliens enter and remain in the United States in order to work. Six years ago, in 2009, DHS issued new guidance on immigration-related worksite enforcement—the enforcement of prohibitions on the employment of unauthorized aliens in the United States. In the words of DHS at the time, the 2009 guidance “reflects a renewed Department-wide focus targeting criminal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers.”3 Under this guidance, promoting compliance also has taken on a larger role in DHS’s worksite enforcements efforts. Questions arise as to how rigorous and effective DHS’s worksite enforcement efforts are and have been in past years. The department maintains data on several measures that can be used to examine the performance of its worksite enforcement program. Enforcement activity by the Department of Labor (DOL) is also relevant to a discussion of federal efforts to address unauthorized employment. DOL, which is responsible for enforcing minimum wage, overtime pay, and related requirements, focuses a significant percentage of its enforcement resources on low-wage industries that employ large numbers of immigrant—and presumably large numbers of unauthorized—workers

Reception and Placement of Refugees in the United States

[Excerpt] The U.S. Refugee Admissions Program (USRAP), which is managed by the Department of State (DOS), resettles refugees from around the world in the United States. Once a refugee case is approved for U.S. resettlement, the USRAP determines where in the country the refugee(s) will be resettled. This determination is made through DOS’s Reception and Placement Program (R&P), which provides initial resettlement services to arriving refugees. R&P initial resettlement assistance is separate from longer-term resettlement assistance provided through the Department of Health and Human Services’ (HHS) Office of Refugee Resettlement (ORR). Each year, DOS’s Bureau of Population, Refugees, and Migration (PRM) requests proposals from public and private nonprofit organizations that are interested in providing services and assistance to refugees under the R&P Program. It then enters into a cooperative agreement with each successful applicant. The organizations, sometimes referred to as voluntary agencies, maintain nationwide networks of local affiliates to provide services to refugees. The services include pre-arrival services (e.g., placement); reception on arrival in the United States; basic needs support (e.g., housing, furnishings, food, and clothing) for at least 30 days; and help accessing health, employment, education, and other services, as needed. Funding comes from the R&P Program and contributions from other sources. Decisions about which R&P agencies will resettle particular approved refugee cases are made at weekly meetings in which representatives of the resettlement agencies review biographic and other information about incoming refugees. As part of the “sponsorship assurance” process, an agency agrees to assume responsibility for a refugee case and provide required R&P services. Once refugees are in the United States, however, they do not have to remain in their initial placement area. They can relocate at any time. The R&P Program is subject to a set of statutory requirements. Regarding the placement process, the ORR director and the agency administering the R&P Program are required to consult regularly with state and local governments and resettlement agencies about the intended distribution of refugees among the states and localities. The agency administering the R&P Program is further required to consider the recommendations of the state in determining where to place refugees within a state. As of May 31, 2017, in FY2017, refugee arrivals have been placed in the District of Columbia and every state except Wyoming. In FY2016, the only states with no refugee placements were Delaware and Hawaii

Unauthorized Employment in the United States: Issues, Options, and Legislation

[Excerpt] As immigration reform and the illegal alien population have gained congressional and public attention in the past several years, the issue of unauthorized employment has come to the fore. It is widely accepted that most unauthorized aliens enter and remain in the United States in order to work. Thus, eliminating employment opportunities for these aliens has been seen as key to curtailing unauthorized immigration. The Immigration Reform and Control Act (IRCA) of 1986 amended the Immigration and Nationality Act (INA) to add provisions, sometimes referred to as employer sanctions, that made it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is not authorized to work. These provisions also established a paper-based employment eligibility verification system, known as the I-9 system, which requires that employers examine documents presented by new hires to verify identity and work eligibility, and complete and retain I-9 verification forms. There is general agreement that the I-9 process has been undermined by fraud. Employers violating INA prohibitions on unauthorized employment may be subject to civil or criminal penalties. The Department of Homeland Security\u27s Immigration and Customs Enforcement (DHS/ICE) is responsible for enforcing the INA prohibitions on unauthorized employment. Building on the employment verification system established by IRCA, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) directed the Attorney General to conduct three pilot programs for employment eligibility confirmation. Under the Basic Pilot program (known now as E-Verify), the only one of the three pilots still in operation, participating employers verify new hires\u27 employment eligibility by submitting information about these workers that is checked against Social Security Administration (SSA) and, if applicable, DHS databases. E-Verify is scheduled to terminate on March 6, 2009, in accordance with Division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. A variety of options has been put forth to curtail unauthorized employment and related practices, a selection of which is discussed in this report. Some of these options would build on the current employment eligibility verification system; these include making electronic verification mandatory, increasing existing penalties, or increasing resources for worksite enforcement. Others represent new approaches to address unauthorized employment, such as shifting responsibility for employment eligibility verification from employers to the federal government. Multiple bills related to unauthorized employment have been introduced in the 111th Congress. Among them, the Omnibus Appropriations Act, 2009 (H.R. 1105), as introduced and as passed by the House, includes a provision to extend E-Verify through September 30, 2009. Several other provisions on the E-Verify program, including provisions to extend the program until November 2013 and to require that none of the funds made available under the act be used to enter into a contract with an entity that does not participate in E-Verify, were included in the House-passed version of the American Recovery and Reinvestment Act of 2009 (H.R. 1). These provisions, however, were not included in the Senate-passed version of H.R. 1 or in the final enacted version of the bill. This report will be updated as developments warrant

Immigration-Related Worksite Enforcement: Performance Measures

[Excerpt] Over the past few years, the media have been filled with reports about worksite enforcement operations, commonly referred to as immigration raids. These operations represent the public face of efforts by the Department of Homeland Security (DHS) to curtail the employment of unauthorized immigrants (illegal aliens). According to 2006 estimates, there are some 7.8 million unauthorized workers in the U.S. civilian workforce. DHS’s U.S. Immigration and Customs Enforcement (ICE) is responsible for Immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA). The INA §274A provisions, sometimes referred to as employer sanctions, make it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is not authorized to be so employed. Today, ICE’s worksite enforcement program is focused primarily on cases that involve critical infrastructure facilities and cases involving employers who commit “egregious violations” of criminal statutes and engage in worker exploitation. Employers who violate INA prohibitions on the unlawful employment of aliens may be subject to civil monetary penalties and/or criminal penalties. Criminal investigations may result in defendants being charged with crimes beyond unlawful employment and being subject to the relevant penalties for those violations. Various measures are available to examine the performance of ICE’s worksite enforcement program. They include Final Orders for civil monetary penalties, administrative fines, administrative arrests, criminal arrests, criminal indictments and convictions, and criminal fines and forfeitures. In recent years, ICE has generally focused less on administrative fines and more on administrative and criminal arrests, criminal prosecutions, and criminal fines and forfeitures. The data presented here show increases in these latter measures in recent years. At the same time, however, when considered in terms of the estimated size of the unauthorized workforce or the potential number of employers employing these workers in violation of the law, ICE’s worksite enforcement program can seem quite small. Enforcement activity by the Department of Labor (DOL) is also relevant to a discussion of federal efforts to curtail unauthorized employment. DOL, which is responsible for enforcing minimum wage, overtime pay, and related requirements, focuses a significant percentage of its enforcement resources on a group of low-wage industries that employ large numbers of immigrant—and presumably large numbers of unauthorized—workers. Related background information can be found in CRS Report RL33973, Unauthorized Employment in the United States: Issues and Options, and a discussion of related legislation can be found in CRS Report RL34204, Immigration Legislation and Issues in the 110th Congress. This report will be updated when new data become available

Immigration-Related Worksite Enforcement: Performance Measures

[Excerpt] In the spring of 2009, the Department of Homeland Security (DHS) issued new guidance on immigration-related worksite enforcement—the enforcement of prohibitions on the employment of unauthorized aliens in the United States. In the words of DHS, the updated guidance “reflects a renewed Department-wide focus targeting criminal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers.” According to 2008 estimates, there are some 8.3 million unauthorized workers in the U.S. civilian workforce. Questions arise as to how rigorous and effective DHS’s worksite enforcement efforts have been under the Obama Administration and in past years. The department maintains data on several measures that can be used to examine the performance of its worksite enforcement program. Enforcement activity by the Department of Labor (DOL) is also relevant to a discussion of federal efforts to address unauthorized employment. DOL, which is responsible for enforcing minimum wage, overtime pay, and related requirements, focuses a significant percentage of its enforcement resources on a group of low-wage industries that employ large numbers of immigrant—and presumably large numbers of unauthorized—workers

Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues

[Excerpt] This report discusses existing visa programs for temporary lower-skilled workers, including regulatory changes since 2008. It covers legislative efforts to reform current programs and to create new guest worker visas. It further identifies and explores key policy considerations to help inform congressional action on guest worker programs

Unauthorized Alien Students: Issues and DREAM Act Legislation

[Excerpt] Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 1111 Congress, there are efforts to enact a measure, commonly referred to as the DREAM Act, to enable certain unauthorized alien students to legalize their status. On December 8, 2010, the House approved DREAM Act language as part of an unrelated bill, the Removal Clarification Act of 2010 (H.R. 5281). Unauthorized aliens in the United States are able to receive free public education through high school. They may experience difficulty obtaining higher education, however, for several reasons. Among these reasons is a provision enacted in 1996 that prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of in-state residency status for tuition purposes. Unauthorized alien students also are not eligible for federal student financial aid. More broadly, as unauthorized aliens, they are not legally allowed to work and are subject to being removed from the country. Multiple bills have been introduced in recent Congresses to address the unauthorized student population. Most have proposed a two-prong approach of repealing the 1996 provision and enabling some unauthorized alien students to become U.S. legal permanent residents (LPRs) through an immigration procedure known as cancellation of removal. Bills proposing this type of relief for unauthorized students are commonly referred to as the DREAM Act. While there are other options for dealing with this population, this report deals exclusively with the DREAM Act approach in light of the widespread congressional interest in it. A number of stand-alone DREAM Act bills have been introduced in the 111* Congress. Some of these bills (H.R. 1751, S. 729, S. 3827), like most DREAM Act bills introduced in prior Congresses, would repeal the 1996 provision and enable eligible unauthorized students to adjust to LPR status through a two-stage process. Other bills (H.R. 6327, H.R. 6497, S. 3962, S. 3963, S. 3992) would establish a two-stage adjustment of status mechanism for unauthorized students, but would not repeal the 1996 provision. The DREAM Act language approved by the House as part of H.R. 5281 is the same as in H.R. 6497. Under this version of the DREAM Act, aliens granted cancellation of removal would initially obtain conditional nonimmigrant status (as opposed to conditional permanent resident status, as under most other DREAM Act bills). To become LPRs, the aliens would need to meet additional requirements. This report will be updated as legislative developments occur

Unauthorized Aliens in the United States

[Excerpt] The unauthorized alien (illegal alien) population in the United States is a key and controversial immigration issue. In recent years, competing views on how to address this population have proved to be a major obstacle to enacting comprehensive immigration reform legislation. The unauthorized alien issue is likely to be a key challenge if, as the Senate Majority Leader and the Speaker of the House have indicated, the 111th Congress takes up immigration reform legislation this year. It is unknown, at any point in time, how many unauthorized aliens are in the United States, what countries they are from, when they came to the United States, where they are living, and what their demographic, family, and other characteristics are. Demographers develop estimates about unauthorized aliens using available survey data on the U.S. foreign-born population. These estimates can help inform possible policy options to address the unauthorized alien population. According to recent estimates by the Department of Homeland Security (DHS), approximately 10.8 million unauthorized aliens were living in the United States in January 2009. Using different sources, the Pew Hispanic Center has estimated the March 2008 unauthorized resident population at about 11.9 million. The Immigration and Nationality Act (INA) and other federal laws place various restrictions on unauthorized aliens. They have no legal right to live or work in the United States and are subject to removal from the country. At the same time, the INA provides limited avenues for certain unauthorized aliens to obtain legal permanent residence. Over the years, a range of options has been offered for addressing the unauthorized resident alien population. In most cases, the ultimate goal is to reduce the number of aliens in the United States who lack legal status. One set of options centers on requiring or encouraging illegal aliens to depart the country. Those who support this approach argue that these aliens are in the United States in violation of the law and that their presence variously threatens social order, national security, and economic prosperity. One departure strategy is to locate and deport unauthorized aliens from the United States. Another departure strategy, known as attrition through enforcement, seeks to significantly reduce the size of the unauthorized alien population by across-the-board enforcement of immigration laws. One of the basic tenets of the departure approach is that unauthorized aliens in the United States should not be granted benefits. An opposing strategy would grant qualifying unauthorized aliens various benefits, including an opportunity to obtain legal status. Supporters of this type of approach do not characterize unauthorized aliens in the United States as lawbreakers, but rather as contributors to the economy and society at large. A variety of proposals have been put forth over the years to grant some type of legal status to some portion of the unauthorized population. Some of these options would use existing mechanisms under immigration law to grant legal status. Others would establish new legalization programs. Some would benefit a particular subset of the unauthorized population, such as students or agricultural workers, while others would make relief available more broadly. This report will be updated if developments warrant

Unauthorized Aliens in the United States: Policy Discussion

The unauthorized immigrant (illegal alien) population in the United States is a key and controversial immigration issue. Competing views on how to address this population have been, and continue to be, a major obstacle to enacting immigration reform legislation. It is unknown, at any point in time, how many unauthorized aliens are in the United States; what countries they are from; when they came to the United States; where they are living; and what their demographic, family, and other characteristics are. Demographers develop estimates about unauthorized aliens using available survey data on the U.S. foreign-born population and other methods. These estimates can help inform possible policy options to address the unauthorized alien population. Both the Department of Homeland Security (DHS) and the Pew Research Center estimate that approximately 11.5 million unauthorized aliens were living in the United States in January 2011. DHS further estimates that there were some 11.4 unauthorized residents in January 2012. Pew has released a preliminary estimate of 11.7 million for the March 2012 unauthorized resident population. The Immigration and Nationality Act (INA) and other federal laws place various restrictions on unauthorized aliens. In general, they have no legal right to live or work in the United States and are subject to removal from the country. At the same time, the INA provides limited avenues for certain unauthorized aliens to obtain legal permanent residence. Over the years, a range of options has been offered for addressing the unauthorized resident population. In most cases, the ultimate goal is to reduce the number of aliens in the United States who lack legal status. One set of options centers on requiring or encouraging unauthorized immigrants to depart the country. Those who support this approach argue that these aliens are in the United States in violation of the law and that their presence variously threatens social order, national security, and economic prosperity. One departure strategy is to locate and deport unauthorized aliens from the United States. Another departure strategy, known as attrition through enforcement, seeks to significantly reduce the size of the unauthorized population by across-the- board enforcement of immigration laws. One of the basic tenets of the departure approach is that unauthorized immigrants in the United States should not be granted benefits. An opposing strategy would grant qualifying unauthorized residents various benefits, including an opportunity to obtain legal status. Supporters of this type of approach do not characterize unauthorized immigrants in the United States as lawbreakers, but rather as contributors to the economy and society at large. A variety of proposals have been put forth over the years to grant some type of legal status to some portion of the unauthorized population. Some of these options would use existing mechanisms under immigration law to grant legal status. Others would establish new legalization programs. Some would benefit a particular subset of the unauthorized population, such as students or agricultural workers, while others would make relief available more broadly