Immigration Legislation and Issues in the 111th Congress

[Excerpt] The Speaker of the House and the Senate Majority Leader have pledged to take up comprehensive immigration reform legislation at some point in the 111th Congress. Efforts to enact broad immigration reform in the 109th and 110th Congresses were unsuccessful. It is unclear what the components of any immigration reform proposals that the 111th Congress may consider will be. In the past, comprehensive bills have addressed border security, enforcement of immigration laws within the United States (interior enforcement), employment eligibility verification, temporary worker programs, permanent admissions and, most controversially, unauthorized aliens in the United States. The 111th Congress has considered various immigration issues and has enacted a number of targeted immigration provisions. It has passed legislation (P.L. 111-8, P.L. 111-9, P.L. 111-68) 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—all of which are currently authorized until October 31, 2009. With respect to these programs, the House-passed and Senate-passed versions of the Department of Homeland Security Appropriations Act, 2010 (H.R. 2892), include different provisions to further extend E-Verify. The Senate-passed bill also would extend the other three programs. Among the other subjects of legislation enacted by this Congress are refugees (P.L. 111-8) and border security (P.L. 111-5, P.L. 111-32). This report discusses these and other immigration-related issues that have seen 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. This report will be updated as legislative developments occur

Immigration Legislation and Issues in the 111th Congress

[Excerpt] 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

Temporary Professional, Managerial, and Skilled Foreign Workers: Legislation in the 113th Congress

Legislation aimed at revising the law governing the admission of professional, managerial, and skilled foreign workers to the United States received attention in both chambers of the 113th Congress. This workforce is seen by many as a catalyst of U.S. global economic competitiveness and is likewise considered a key element of the legislative options aimed at stimulating economic growth. The challenge central to the policy debate is facilitating the migration of professional, managerial, and skilled foreign workers without adversely affecting U.S. workers and U.S. students entering the labor market. This report provides legislative analyses of the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744), as passed by the Senate, and the Supplying Knowledge- based Immigrants and Lifting Levels of STEM Visas Act (SKILLS Visa Act, H.R. 2131), as ordered reported by the House Committee on the Judiciary. Both bills would substantially revise the law governing the admission of professional, managerial, and skilled foreign workers to the United States

Immigration-Related Detention: Current Legislative Issues

[Excerpt] As Congress considers reforming the nation’s immigration system, the detention of noncitizens in the United States will likely be an issue. Under the law, there is broad authority to detain aliens while awaiting a determination of whether the noncitizen should be removed from the United States. The law also mandates that certain categories of aliens are subject to mandatory detention (i.e., the aliens must be detained). Aliens subject to mandatory detention include those arriving without documentation or with fraudulent documentation, those who are inadmissable or deportable on criminal grounds, those who are inadmissable or deportable on national security grounds, those certified as terrorist suspects, and those who have final orders of deportation. Aliens not subject to mandatory detention may be detained, paroled, or released on bond. The priorities for detention of these aliens are specified in statute and regulations. In FY2008, on an average day, 31,244 noncitizens were in Department of Homeland Security (DHS) custody. There are many policy issues surrounding detention of aliens. The Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (IIRIRA) increased the number of aliens subject to mandatory detention, and raised concerns about the justness of mandatory detention, especially as it is applied to asylum seekers arriving without proper documentation. Additionally, the increase in the number of mandatory detainees has raised concerns about the amount of detention space available to house DHS detainees. Some contend that decisions on which aliens to release from detention and when to release aliens from detention may be based on the amount of detention space, not on the merits of individual cases. Another issue is the Attorney General’s role in the detention of noncitizens. The creation of DHS moved the administration of detention of noncitizens from the Department of Justice’s Immigration and Naturalization Service (INS) to DHS’s Bureau of Immigration and Customs Enforcement (ICE). Nonetheless, it can be argued that the language in the Homeland Security Act of 2002 (P.L. 107-296; HSA) has left the Attorney General with concurrent authority over immigration law, including the authority to arrest, detain, and release aliens. The 108th Congress passed P.L. 108-458, the Intelligence Reform and Terrorism Prevention Act of 2004, directing the Secretary of DHS to increase the amount of detention bed space by not less than 8,000 beds for each year, FY2006 through FY2010. Although Congress increased the bed space between FY2006 and FY2010, the number of beds has only increased by approximately 12,000. In the 111th Congress, bills have been introduced covering a range of provisions and perspectives concerning the detention of noncitizens. Several bills—including S. 1505, H.R. 994, H.R. 2406, and H.R. 3308—would mandate that DHS increase the amount of detention space. In addition, other bills (e.g., H.R. 1215 and S. 1594) would codify certain policies at detention facilities, such as access to telephones and medical care, and expand the alternatives to detention program. Other bills, such as H.R. 264, would eliminate the mandatory detention of asylum seekers in expedited removal. This report will be updated as legislative action occurs

Immigration-Related Detention: Current Legislative Issues

[Excerpt] As Congress considers reforms to the nation’s immigration system, the detention of noncitizens (aliens) in the United States will likely be an issue. Congressional interest in the policy of detaining noncitizens in the United States while determining whether noncitizens should be removed from the United States tends to be varied. For example, while some want to increase the categories of aliens who are detained and increase the amount of detention space, others want to create alternatives to detention and exempt asylum seekers from mandatory detention. In addition, immigration enforcement activities affect the need for and allocation of detention resources. For example, as the Department of Homeland Security (DHS) expands programs to locate removable aliens from jails throughout the country, DHS may need additional detention beds in areas of the United States where traditionally there has not been a need for detention space. The Immigration and Nationality Act (INA) provides broad authority to detain aliens while awaiting a determination of whether they should be removed from the United States and mandates that certain categories of aliens are subject to mandatory detention (i.e., the aliens must be detained) by DHS. Aliens not subject to mandatory detention may be detained, paroled, or released on bond. “Enemy combatants” at the Guantanamo U.S. military base in Cuba are not under the authority of DHS, nor are noncitizens incarcerated in federal, state, and local penitentiaries for criminal acts. Any alien can be detained while DHS determines whether the alien should be removed from the United States. The large majority of the detained aliens have committed a crime while in the United States, have served their criminal sentence, and are detained while undergoing deportation proceedings. Other detained aliens include those who arrive at a port-of-entry without proper documentation (e.g., fraudulent or invalid visas, or no documentation), but most of these aliens are quickly returned to their country of origin through a process known as expedited removal. The majority of aliens arriving without proper documentation who claim asylum are held until their “credible fear hearing,” but some asylum seekers are held until their asylum claims have been adjudicated. There are many policy issues surrounding detention of aliens, including concerns about the number of aliens subject to mandatory detention and the justness of mandatory detention, especially as it is applied to asylum seekers arriving without proper documentation. Some have raised concerns about the length of time in detention for aliens who have been ordered removed. Additionally, issues have been raised about the amount of detention space available to house DHS detainees or the nationwide allocation of the space

Border Security: CRS Experts

This report includes a table which provides access to names and contact information for CRS experts on policy concerns relating to border security. Policy areas identified include: mission; border surveillance; foreign cooperation; immigration and foreign visitors; intelligence in border and transportation security; operational functions; trade and imports; and transportation systems

Unauthorized Aliens’ Access to Federal Benefits: Policy and Issues

[Excerpt] Federal law bars aliens residing without authorization in the United States from most federal benefits; however, there is a widely held perception that many unauthorized aliens obtain such benefits. The degree to which unauthorized resident aliens should be accorded certain rights and privileges as a result of their residence in the United States, along with the duties owed by such aliens given their presence, remains the subject of intense debate in Congress. This report focuses on the policy and legislative debate surrounding unauthorized aliens’ access to federal benefits. Except for a narrow set of specified emergency services and programs, unauthorized aliens are not eligible for federal public benefits. The law (§401(c) of P.L. 104-193) defines federal public benefit as any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States . The actual number of unauthorized aliens in the United States is unknown. According to demographer Jeffrey Passel’s calculations based on the 2005 March Current Population Survey (CPS), there were approximately 11.1 million unauthorized aliens residing in the United States (the most recent analysis with detailed statistical breakdowns). Passel further estimated the number of persons living in families in which the head of the household or the spouse was an unauthorized alien was 14.6 million. There were 6.6 million unauthorized families, which he defines as a family unit or solo individual in which the head or spouse is unauthorized. A noteworthy portion of the households headed by unauthorized aliens are likely to have U.S. citizen children, as well as spouses who may be legal permanent residents (LPRs). These “mixed status” families represent about one-third of all unauthorized families and five out of six unauthorized families with children as of March 2005. Policy researcher Steven Camarota concludes (based on his estimates drawn from the 2002 CPS) that the U.S. citizen children of unauthorized aliens account for much of the costs associated with illegal migration. Although the law appears straightforward, the policy on unauthorized aliens’ access to federal benefits is peppered with ongoing controversies and debates. Some center on demographic issues (e.g., how to treat mixed-immigration status families). Others explore unintended consequences, most notably when tightening up the identification requirements results in denying benefits to U.S. citizens. Still others are debates about how broadly the clause “federal public benefit” should be implemented. This report will be updated if policy changes warrant

Our Federalism: The United States and the Regulation of Lawyers

Dedication to the works of Prof. Fred Zacharias

An Overview of Judicial Review of Immigration Matters

This report will summarize judicial review for immigration matters, including visa denials and revocations; removal orders and detention; naturalization delays, denials, and revocations; expatriation; and legalization denials. Administrative adjudications such as removal proceedings or determination of immigration benefits such as naturalization are beyond the scope of this report

Immigration: Visa Security Policies

[Excerpt] The report opens with an overview of visa issuance policy. It then explains the key provisions that guide the documentary requirements and approval/disapproval process. The section on consular screening procedures includes an analysis of trends over time in denying visas. Visa revocation, a reoccurring issue of concern to Congress, and the visa security program are discussed as well