90 research outputs found
Recommended from our members
Visa Waiver Program
Since the events of September 11, 2001, concerns have been raised about the
ability of terrorists to enter the United States under the visa waiver program. The
visa waiver program (VWP) allows nationals from certain countries to enter the
United States as temporary visitors (nonimmigrants) for business or pleasure without
first obtaining a visa from a U.S. consulate abroad. 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 coming to the United States. The
VWP constitutes one of a few exceptions under the Immigration and Nationality Act
(INA) in which foreign nationals are admitted into the United States without a valid
visa
Recommended from our members
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
Recommended from our members
Trafficking in Persons: U.S. Policy and Issues for Congress
Trafficking in people for prostitution and forced labor is one of the most prolific areas of international criminal activity and is of significant concern to the United States and the international community. The overwhelming majority of those trafficked are women and children. According to the most recent Department of State estimates, roughly 800,000 people are trafficked across borders each year. If trafficking within countries is included in the total world figures, official U.S. estimates are that some 2 to 4 million people are trafficked annually. However, there are even higher estimates, ranging from 4 to 27 million for total numbers of forced or bonded laborers. As many as 17,500 people are believed to be trafficked to the United States each year. Human trafficking is now a leading source of profits for organized crime syndicates, together with drugs and weapons, generating billions of dollars. Trafficking in persons affects virtually every country in the world. Since enactment of the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), the Administration and Congress have aimed to address the human trafficking problem. The Trafficking Victims Protection Reauthorization Act of 2005 (TVPRA), which President Bush signed into law on January 10, 2006 (P.L. 109-164), authorized appropriations for FY2006 and FY2007. The State Department issued its seventh congressionally mandated Trafficking in Persons (TIP) Report on June 12, 2007. Each report categorizes countries into four tiers according to the government’s efforts to combat trafficking. Those countries that do not cooperate in the fight against trafficking (Tier 3) have been made subject to U.S. sanctions since 2003. Sixteen countries were placed on Tier 3 in the 2007 report. On October 18, 2007, President Bush imposed new trafficking in persons related sanctions on Burma, Cuba, Iran, North Korea, Syria, and Venezuela. In the 110th Congress, there are several bills with trafficking-related provisions. The Implementing the 9/11 Commission Recommendations Act of 2007 (P.L. 110- 53) directs the Secretary of Homeland Security to provide specified funding and administrative support to strengthen the Human Smuggling and Trafficking Center. H.R. 3887 (Lantos), approved by the House on December 4, 2007 by a vote of 405-2, would, among other provisions, reauthorize anti-trafficking programs through FY2011, and amend the criminal code and immigration law related to trafficking. It is likely to be considered by the Senate early in the second session of the 110th Congress. Another bill, H.R. 2522 (Lewis), would establish a Commission to evaluate the effectiveness of current U.S. anti-slavery efforts, including anti-trafficking in persons programs, and make recommendations. S. 1703 (Durbin), approved by the Senate Judiciary Committee on September 20, 2007, would create additional jurisdiction in U.S. courts for trafficking offenses occurring in other countries. This report will be updated periodically to reflect major developments
Recommended from our members
Trafficking in Persons: U.S. Policy and Issues for Congress
[Excerpt] This report focuses on international and domestic human trafficking and U.S. policy responses, with particular emphasis on the TVPA and its subsequent reauthorizations. The report begins with a description of key TIP-related definitions and an overview of the human trafficking problem. It follows with an overview of major foreign policy responses to international human trafficking. The report then focuses on responses to trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of current anti-trafficking legislation and an analysis of policy issues
Recommended from our members
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
Recommended from our members
Domestic Human Trafficking Legislation in the 113th Congress
[Excerpt] This report examines the trafficking-related provisions in legislation that has at least been reported out of committee in the 113th Congress. Where applicable, it discusses companion legislation that may not have been considered in committee or other legislation that has received significant Congressional interest. The legislation includes the following:
• The Trafficking Victims Protection Reauthorization Act of 2013 (Title XII of P.L. 113-4) enacted on March 7, 2013. This act was part of the larger The Violence Against Women Reauthorization Act of 2013.
• The E. Clay Shaw, Jr. Missing Children’s Assistance Reauthorization Act (P.L. 113-38), enacted on September 30, 2013.
• The Fraudulent Overseas Recruitment and Trafficking Elimination Act (H.R. 3344).14
• The Justice for Victims of Trafficking Act of 2013 (H.R. 3530), placed on the House calendar on May 15, 2014. The companion legislation (S. 1738) has not been taken up in committee.
• The Stop Exploitation Through Trafficking Act of 2013 (H.R. 3610), placed on the House calendar on May 13, 2014. The companion legislation (S. 1733) has not been taken up in committee.
• The Preventing Sex Trafficking and Improving Opportunities for Youth in Foster Care Act (H.R. 4058), as ordered reported by the House Ways and Means Committee on April 29, 2014.15
• The SAVE Act of 2014 (H.R. 4225), placed on the House calendar on May 15, 2014.
• International Megan’s Law to Prevent Demand for Child Sex Trafficking (H.R. 4573), as ordered reported by the House Foreign Affairs Committee on May 9, 2014.
• The Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744), as passed by the Senate on June 27, 2013.
• The Supporting At-Risk Children Act (S. 1870), as ordered reported by the Senate Finance Committee on December 12, 2013.16
The following sections lay out issues raised in the bills. The issues are grouped under the following themes: (1) restoring victims through services and benefits, (2) unaccompanied minor trafficking victims, (3) protection of foreign national workers, (4) criminal justice, (5) improving data, (6) domestic sex trafficking of children, and (7) other issues that include inter-agency coordination and sex offender registry and notification
Recommended from our members
Sex Trafficking of Children in the United States: Overview and Issues for Congress
[Excerpt] This report provides an overview of sex trafficking of children in the United States. It first conceptualizes the issue, discussing the victims and perpetrators involved. It then outlines the federal response to investigating and prosecuting perpetrators as well as providing services to victims. The report concludes with a discussion of select issues concerning the federal response to sex trafficking of minors in the United States
Recommended from our members
The President’s Immigration Accountability Executive Action of November 20, 2014: Overview and Issues
[Excerpt] On November 20, 2014, President Obama announced his Immigration Accountability Executive Action which revises some U.S. immigration policies and initiates several programs, including a revised border security policy for the Southwest border; deferred action programs for some unauthorized aliens; revised interior enforcement priorities; changes to aid the entry of skilled workers; the promotion of immigrant integration and naturalization; and several other initiatives the President indicated would improve the U.S. immigration system. The most controversial among these provisions will grant deferred action to as many as 5 million unauthorized aliens. The President announced the executive action through ten Department of Homeland Security (DHS) memoranda, two White House memoranda, and three Department of Labor (DOL) fact sheets.
According to the President, the actions were taken in response to the absence of legislation addressing major problems within the immigration system. The President has stated that his actions are temporary, and that his successor can rescind them. Those opposed to the executive actions argue they were taken largely for political purposes. They contend that once granted, such temporary measures would be difficult to revoke. Separately, a debate has arisen as to whether the President has the legal authority to take such actions, with the Administration and others arguing the President’s actions fall within his authority, and many in Congress arguing the President has overstepped it. That debate and its attendant legal questions are beyond the scope of this report. As the Administration proceeds to implement the executive actions, some in Congress have vowed to halt some or all of them
Recommended from our members
Violence Against Women Act: History, Federal Funding, and Reauthorizing Legislation
Recommended from our members
Visa Waiver Program
This report discusses the visa waiver program (VWP), which allows for a bypass of the first step by which foreign visitors are screened for admissibility to enter the United States. Some policymakers are concerned that this waiver allows terrorists to more easily enter the country. The report provides waiver-related statistics and related legislation
- …