U.S. Immigration Policy: Chart Book of Key Trends
March 14, 2016
(R42988)
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Summary
This report is a chart book of selected immigration trends. Key immigration issues that Congress has considered in recent years include increased border security and immigration enforcement, expanded employment eligibility verification, reforms to the system for legal temporary and permanent immigration, and options to address the millions of unauthorized U.S. Immigration Policy:
Chart Book of Key Trends
William A. Kandel
Analyst in Immigration Policy
December 17, 2014
Congressional Research Service
7-5700
www.crs.gov
R42988
CRS Report for Congress
Prepared for Members and Committees of Congress
U.S. Immigration Policy: Chart Book of Key Trends
Summary
This report is a chart book of selected immigration trends that touch on the main elements of
comprehensive immigration reform (CIR). Most policymakers agree that the main issues in CIR
include increased border security and immigration enforcement, improved employment eligibility
verification, revision of legal immigration, and options to address the millions of unauthorized
aliens residing in the country. The report offers snapshots of time series data, using the most
complete complete and consistent time series currently available for each statistic. The key findings and
elements germane to the data depicted are summarized with the figures. The summary offers the
highlights of key immigration trends.
The United States has a history of receiving immigrants, and these foreign-born residents of the
United States have come from all over the world.
•
Immigration to the United States today has reached annual levels comparable to
the early years of the
20th century.
•
20th century.
Immigration over the last few decades of the
20th20th century was not as dominated
by three or four countries as it was earlier in the century, and this pattern has
continued into the
21st century.
•
The21st century.
The absolute number of foreign-born residents in the United States is at its highest level in
U.S. history, reaching
41.342.4 million in
2013.
•
2014.
Foreign-born residents of the United States made up 13.
13% of the U.S.
population in
20132014, approaching levels not seen since the proportion of
foreignbornforeign-born residents reached 14.8% in 1910.
Legal immigration encompasses permanent immigrant admissions (e.g., employment-based or
family-based immigrants) and temporary nonimmigrant admissions (e.g., guest workers, foreign
students). The Immigration and Nationality Act (INA) contains the provisions detailing the
requirements for admission (permanent and temporary) of foreign nationals and the eligibility
rules for foreign nationals to become U.S. citizens.
•
In FY2013,
about 991,000 aliens became U.S. legal permanent residents (LPRs). Of
this total, 65% entered on the basis of family ties.
•
The pool of people potentially eligible to immigrate to the United States as LPRs
each year typically exceeds the worldwide level set by the INA.
•
Most of the 4.
46 million approved petitions pending at the close of
FY2014FY2015 were
for family members of U.S. citizens.
•
After falling from 7.6 million in FY2001 to 5.0 million in FY2004, temporary
visa issuances reached 9.
29 million in
FY2013.
•
FY2014.
Generally, all of the temporary employment-based visa categories have increased
since FY1994. Although there was a dip during the recent recession, the number
of employment-based temporary visas increased each year between FY2010 and
FY2013.
FY2014. Immigration control encompasses an array of enforcement tools, policies, and practices to secure
the border and to prevent and investigate violations of immigration laws. The INA specifies the
Congressional Research Service
U.S. Immigration Policy: Chart Book of Key Trends
grounds for exclusion and removal of foreign nationals as well as the documentary and entry-exit
controls for U.S. citizens and foreign nationals.
•
U.S. State Department denials of petitions for LPR visas have increased in recent
years, and prior removals from the United States or past illegal presence in the
United States has become the leading ground of inadmissibility.
•
U.S. Border Patrol apprehensions of foreign nationals between ports of entry fell
to a 40-year low of 327,577 in FY2011
before increasing to 420,789 by FY2013.
•
and were 337,117 in FY2015.
The number of employers enrolled in the E-Verify employment eligibility
verification system grew from 5,900 at the close of FY2005 to
483617,000 by the
end of
FY2013FY2015. These data indicate that approximately
810% of U.S. employers
were participating in E-Verify by the close of
FY2013.
•
FY2015.
A total of $
15.816.3 million in administrative fines was imposed on employers who
engaged in unlawful employment in
FY2013FY2014—a figure that exceeds the level of
total fines imposed over the entire period from FY1999 through FY2009.
•
Formal removals grew from 30,039 in 1990 to
438,421 in FY2013.
•
462,463 in FY2015.
Immigration and Customs Enforcement (ICE)
typically identifies many more potentially
removable aliens than
it arrests (i.e., placesare ultimately placed in removal proceedings
).
•
.
The number of criminal aliens removed from the United States increased from
73,298 in FY2001 to 198,394 in FY2013.
The three main components of the unauthorized resident alien population are (1) aliens who enter
the country surreptitiously without inspection, (2) aliens who overstay their nonimmigrant visas,
and (3) aliens who are admitted on the basis of fraudulent documents.
•
Estimates based on the March Supplement of the U.S. Census Bureau’s Current
Population Survey (CPS) Estimates indicate that the unauthorized resident alien population
rose from 8.5 million in 2000 to 12.2 million in 2007, before leveling off at 11.3
million in
2013.
•
2014.
The latest available estimates indicate that 42% of the 11.4 million unauthorized
resident aliens in 2012 had entered from 2000 to 2010.
•
Apprehensions of unaccompanied alien children, mainly at the Mexico-U.S.
border, increased from
about 8,0008,041 in FY2008 to 68,
445 in FY2014. Most of this recent
000 in FY2014 before declining to 40,000 in FY2015. In the first four months of FY2016, such apprehensions reached about 20,000. Most of this recent increase has come from El Salvador, Guatemala, and Honduras.
For those who seek more complete analyses of the issues, this report cites Congressional
Research Service (CRS) products that discuss the policies underlying the data presented in each
of the figures.
Congressional Research Service
U.S. Immigration Policy: Chart Book of Key Trends
Contents
Introduction...................................................................................................................................... 1
Historical Immigration Trends ......................................................................................................... 2
Legal Permanent Immigration ......................................................................................................... 5
Legal Temporary Migration ............................................................................................................. 9
Inadmissibility ............................................................................................................................... 13
Border Security .............................................................................................................................. 16
Employment Eligibility Verification .............................................................................................. 17
Worksite Enforcement ................................................................................................................... 18
Alien Removals ............................................................................................................................. 20
Criminal Aliens .............................................................................................................................. 21
Unauthorized Resident Aliens ....................................................................................................... 23
Unaccompanied Alien Children ..................................................................................................... 25
Figures
Figure 1. Annual LPR Admissions and Status Adjustments ............................................................ 2
Figure 2. Top Sending Countries Comprising at Least Half of All LPRs ........................................ 3
Figure 3. Foreign-Born Residents by Region of Origin .................................................................. 4
Figure 4. Legal Permanent Residents Admitted/Adjusted by Category .......................................... 5
Figure 5. Legal Permanent Residents Admitted/Adjusted by Category .......................................... 6
Figure 6. Approved LPR Visa Petitions Pending by Year of Submission and by Preference
Category........................................................................................................................................ 7
Figure 7. Approved LPR Visa Petitions Pending by Preference Category ...................................... 8
Figure 8. Nonimmigrant Visas Issued by U.S. Department of State................................................ 9
Figure 9. Temporary Employment-Based Visas Issued ................................................................. 10
Figure 10. Nonimmigrant Admissions at U.S. Ports of Entry ....................................................... 11
Figure 11. Nonimmigrant Admissions by Class of Admission ...................................................... 12
Figure 12. Aliens Denied Visas Under §212(a) Inadmissibility .................................................... 13
Figure 13. LPR Inadmissibility by Legal Grounds ........................................................................ 14
Figure 14. Inadmissible Aliens at Ports of Entry ........................................................................... 15
Figure 15. U.S. Border Patrol Apprehensions................................................................................ 16
Figure 16. Number of Employers Enrolled in E-Verify and Cases Submitted .............................. 17
Figure 17. Administrative (Civil) Charges and Fines under INA §274A ...................................... 18
Figure 18. Criminal Charges and Fines under INA §274A............................................................ 19
Figure 19. Alien Formal Removals and Voluntary Returns ........................................................... 20
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U.S. Immigration Policy: Chart Book of Key Trends
Figure 20. Interior Immigration Enforcement Targeting Criminal Aliens ..................................... 21
Figure 21. Criminal and Non-criminal Aliens Removed from the United States .......................... 22
Figure 22. Estimated Number of Unauthorized Resident Aliens ................................................... 23
Figure 23. Unaccompanied Alien Children Apprehensions by Country of Origin ........................ 25
Contacts
Author Contact Information........................................................................................................... 26
Acknowledgements........................................................................................................................ 26
Key Policy Staff ............................................................................................................................. 26
Congressional Research Service
U.S. Immigration Policy: Chart Book of Key Trends
Introduction
This report is a chart book of selected immigration trends that touch on the main elements of
comprehensive immigration reform (CIR). The main issues in the immigration debate typically
include increases to border security and enforcement of immigration laws within the U.S. interior,
expansion of employment eligibility verification, and reforms to the system for legal temporary
and permanent immigration. The thorniest issues concern policy options to address the millions of
unauthorized aliens residing in the country.
This
U.S. Immigration Policy: Chart Book of Key Trends
Introduction
This report is a chart book of selected immigration trends. Key immigration issues that Congress has considered in recent years include increased border security and immigration enforcement, expanded employment eligibility verification, reforms to the system for legal temporary and permanent immigration, and options to address the millions of unauthorized aliens residing in the country.
The report offers snapshots of time series data, using the most complete and consistent time
series currently available for each statistic
. Some of the time series span decades, others capture
only a few years. The key findings and elements germane to the data depicted are summarized
with the figures. with the figures. Some of the time series span decades, while others capture only a few years. For those who seek more complete analyses of the issues, the report cites
Congressional Research Service (CRS) products that discuss the policies underlying the data
presented in each
of the figures.
figure.
Much of the data come from administrative sources,
most notablytypically the Department of Homeland
Security (DHS) and the Department of State (DOS). For historical context, demographic data
from the U.S. Census Bureau are also included.
The Immigration and Nationality Act (INA), which was first codified in 1952, contains the
provisions detailing the requirements for admission (permanent and temporary) of foreign
nationals, grounds for exclusion and removal of foreign nationals, document and entry-exit
controls for U.S. citizens and foreign nationals, and eligibility rules for the naturalization of
foreign nationals. Congress has significantly amended the INA several times since 1952, most
notably by the Immigration Amendments of 1965, the Refugee Act of 1980, the Immigration
Reform and Control Act (IRCA) of 1986, the Immigration Act of 1990, and the Illegal
Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.
1
1
Legal immigration encompasses permanent admissions (e.g., employment-based or family-based
legal permanent residents (LPRs))
2 and temporary admissions (e.g., guest workers, foreign
students). This chart book presents historical time series data on permanent admissions as well as
a breakdown of legal permanent residents by broad classes of admission
in 2013. Trends in
temporary admissions, including legal employment-based temporary migrants, are also depicted.
Immigration control encompasses an array of enforcement tools, policies, and practices to secure
the border and to prevent and investigate violations of immigration laws. Among the statistical
trends tracking immigration control presented
in this chart book are inadmissibility
determinations, border apprehensions, worksite enforcement prosecutions, and alien removal. The
final section of this chart book looks at
recent trends in the unauthorized resident alien population and unaccompanied alien children.
Historical Immigration Trends
Figure 1. Annual LPR Admissions and Status Adjustments
(FY1900-FY2013)
Source: Yearbook of Immigration Statistics, DHS Office of Immigration Statistics, multiple fiscal years. Aliens legalizing through IRCA are depicted by year of arrival rather than year of adjustment.
Notes: IRCA refers to the Immigration Reform and Control Act of 1986.
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Immigration to the United States was peaking at the beginning of the 20th century. In 1910, foreign-born residents made up 14.8% of the U.S. population. Immigration dropped as a result of the numerical limits and national origins quotas imposed by the Immigration Acts in 1921 and 1924. Levels fell further during the Great Depression and World War II. The annual number of trends in the unauthorized resident alien population
since 2000.
1
Since 2000, other major laws that amended the INA include the USA PATRIOT Act (P.L. 107-56), the Enhanced
Border Security and Visa Reform Act of 2002 (P.L. 107-173), Intelligence Reform and Terrorism Prevention Act of
2004 (P.L. 108-458), and the REAL ID Act of 2005 (P.L. 109-13, Division B). None of these laws attempted a
comprehensive reform of the INA.
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U.S. Immigration Policy: Chart Book of Key Trends
Historical Immigration Trends
Figure 1. Annual LPR Admissions and Status Adjustments
(FY1900-FY2013)
Source: Statistical Yearbook of Immigration, U.S. Department of Homeland Security, Office of Immigration
Statistics, multiple fiscal years. Aliens legalizing through the Immigration Reform and Control Act (IRCA) of 1986
are depicted by year of arrival rather than year of adjustment.
Immigration to the United States was peaking at the beginning of the 20th century. In 1910,
foreign-born residents made up 14.8% of the U.S. population. Immigration dropped as a result of
the numerical limits and national origins quotas imposed by the Immigration Acts in 1921 and
1924. Levels fell further during the Great Depression and World War II. The annual number of
settled immigrants, typically referred to as LPRs, rose gradually after World War II (Figure 1). In
1952, the INA was codified and, as amended, remains the governing statute.
The growth in immigration after 1980
, shown in Figure 1, is partly attributable to the total
number of LPRs entering through the preference system as well as immediate relatives of U.S.
citizens. The Immigration Reform and Control Act (IRCA) of 1986 enabled 2.1 million
unauthorized aliens residing in the United States as of 1982 to become LPRs. In addition, the
number of refugees admitted increased from 718,000 in the period 1966-1980 to 1.6 million
during the period 1981-1995, after the enactment of the Refugee Act of 1980. The Refugee Act
established permanent provisions for refugees and asylees to become LPRs.
The Immigration Act of 1990 was the last significant revision of legal permanent immigration. It
set a statutory worldwide level of 675,000 LPRs annually, but certain categories of LPRs, most
notably immediate relatives of U.S. citizens and refugees, are permitted to exceed the limits. The
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U.S. Immigration Policy: Chart Book of Key Trends
INA further holds countries to an annual numerical limit of 7% of the worldwide level of U.S.
immigrant admissions, known as per-country limits or country caps. Immigration to the United
States today has reached levels comparable to the early years of the
20th20th century. In FY2013,
990,553 aliens became LPRs through admissions (459,751) or status adjustments (530,802).
For further background and analysis, see CRS Report R42866, Permanent Legal Immigration to
the United States: Policy Overview
.
Figure 2..
Figure 2. Top Sending Countries Comprising at Least Half of All LPRs
(Selected decades, 1901-2010)
Source: CRS analysis of Table 2,
Statistical Yearbook of Immigration, U.S. Department of Homeland Security,
Office of Immigration Statistics, FY2010.
2010 Yearbook of Immigration Statistics, DHS Office of Immigration Statistics.
In any given period of U.S. history, a handful of countries have dominated the flow of
immigrants, but the dominant countries have varied over time. Figure 2 presents trends in the top
immigrant-sending countries (together comprising at least 50% of the immigrants admitted) for
selected decades. The Immigration Act of May 19, 1921, imposed the first numerical limits on
LPR admissions to the United States, and it set the level of admission of aliens from specific
countries to 3% of the foreign-born persons of that nationality who lived in the United States in
1910. A few years later, the Immigration Act of May 26, 1924, established the national origins
system, which set quotas based on the number of foreign-born persons of that nationality in the
country in 1890 and 1920. Both laws exempted Western Hemisphere countries from the limits.
The Immigration Amendments of 1965 replaced the national origins quota system with
percountry ceilings.
per-country ceilings.
Figure 2 illustrates that immigration over the last few decades of the
20th20th century was not as
dominated by three or four countries as it was earlier in the century. Although Europe was home
to the countries sending the most immigrants during the early
20th20th century (e.g., Germany, Italy,
Austria-Hungary, and the United Kingdom), Mexico has been a top sending country for most of
the
20th20th century—largely after 1970—and into the
21st21st century. Other top sending countries from
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U.S. Immigration Policy: Chart Book of Key Trends
FY2001 through FY2010 were the Dominican Republic, El Salvador, Colombia, and Cuba
(Western Hemisphere); and the Philippines, India, China, South Korea, and Vietnam (Asia).
These data suggest that the per-country ceilings established in 1965 had some effect. As Figure 2
illustrates, immigrants from only three or four countries made up more than half of all LPRs prior
to 1960. By the last two decades of the
20th20th century, immigrants from seven to eight countries
comprised about half of all LPRs, and this pattern has continued into the
21st century.
21st century.
For further background and analysis, see CRS Report R42866, Permanent Legal Immigration to
the United States: Policy Overview
.
.
Figure 3. Foreign-Born Residents by Region of Origin
(1960-2010)
(1960-2014)
Source: U.S. Census Bureau data: decennial census 1960, 1970, 1980, 1990, and 2000, and the American
Community Survey for 2010.
Notes: Figure 3
Notes: Figure 3 shows data from each year of the decennial census of the United States since 1960. As such,
2010 is shown as the most recent year in the figure in order to present equally spaced time intervals. The most
recent estimate currently available for the total foreign born population
is 41.3from the Census Bureau's American Community Survey is 42.4 million people representing 13.
1%
3% of the total U.S. population, as of
2013.
The2014.
The total number of foreign-born residents in the United States is at the highest level in U.S. history. In
the past 50 years, the number of foreign-born residents of the United States has gone from just
under 10 million in 1960 to
4042 million in
2010, a 313% increase, as Figure 3 illustrates. As part
2014 (Figure 3), a 338% increase. The foreign born represented 13.3% of the U.S. population in 2014, approaching a level not seen since the proportion of foreign-born residents reached 14.8% in 1910. As part of this increase, the source regions of foreign-born residents have shifted from Europe (
7475% in
1960) to Latin America and Asia (
8182% in
2010). Foreign-born residents made up 12.9% of the
U.S. population in 2010.
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U.S. Immigration Policy: Chart Book of Key Trends
More recently, between2014).
Between 2000 and
20102014, the foreign born contributed
3230% of the total U.S.
population increase. Foreign-born residents comprised most of the increase in the prime 25-54
working age population over this decade. Almost one-third of current foreign-born residents
arrived in the United States since 2000, as discussed in the CRS report cited below.
The Department of Homeland Security (DHS) Office of Immigration Statistics (OIS) estimated
that 13.3
The DHS Office of Immigration Statistics (OIS) has estimated that as of January 1, 2013, about 13.1 million foreign-born residents
were LPRs as of January 1, 2012(32% of all foreign born in 2013) were LPRs. OIS has also estimated
that 1.9 million foreign-residents that as of January 1, 2012, about 1.9 million foreign-residents (5% of all foreign born in 2012) were legally present on long-term temporary visas and about
11.4 million
(28% of all foreign born in 2012) were aliens residing in the United States without legal authorization.
DHS estimates for these populations in more recent years are not yet available.
For further background and analysis, see CRS Report R41592, The U.S. Foreign-Born
Population: Trends and Selected Characteristics
.
Legal Permanent Immigration
.
Legal Permanent Immigration
Figure 4. Legal Permanent Residents Admitted/Adjusted by Category
(FY1986-FY2013)
Source: U.S. Department of Homeland Security,
(FY1986-FY2013)
Source: DHS Office of Immigration Statistics, U.S. Legal Permanent Residents:
2013. 2013. Aliens legalizing through the IRCA are depicted by year of adjustment.
The INA specifies a complex set of numerical limits and preference categories that give priorities
for permanent immigration based on family relationships, employment connections, protection of
refugees, and diversity of admissions by country of origin. Apart from aliens legalized by IRCA,
the largest growth since 1986 has been in the immediate relatives of U.S. citizens, almost
doubling from 223,468 in FY1986 to 439,460 in FY2013, as presented in
Figure 4.
Statutory changes fromFigure 4.
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U.S. Immigration Policy: Chart Book of Key Trends
As prescribed by changes in statute that the Immigration Amendments Act of 1990
made, the
increased the number of employment-based immigrants
grew from 56,617
in FY1986 to 161,110
in FY2013.
over the same period. About 87% of the employment-based LPRs adjusted from a temporary status. The
employmentbasedemployment-based numbers include the accompanying spouses and children of the qualifying LPR.
Figure 5. Legal Permanent Residents Admitted/Adjusted by Category
(FY2013)
Source: U.S. Department of Homeland Security,
(FY2013)
Source: DHS Office of Immigration Statistics, U.S. Legal Permanent Residents:
2013.
In FY2013, 2013.
In FY2013, about 991,000 aliens became LPRs (Figure 5). Of this total, 65% entered on the basis of
family ties. Other major categories were employment-based LPRs (
1316%), diversity
migrants
immigrants3 (5%), and refugees and asylees (12%).
For further background and analysis, see CRS Report R42866, Permanent Legal Immigration to
the United States: Policy Overview
.
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U.S. Immigration Policy: Chart Book of Key Trends
.
Figure 6. Approved LPR Visa Petitions Pending by Year of Submission and by
Preference Category
(As of November 1, 2014)
Source: U.S. Department of State, Immigrant Visa Applicants in the Family-Sponsored and Employment-Based
Preferences Registered at the National Visa Center, November 1, 2014.
(As of November 1, 2015)
Source: Worldwide Active Immigrant Visa Applicants Registered at the National Visa Center as of Nov. 1, 2015, data provided to CRS by DOS Bureau of Consular Affairs.
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The pool of people who are potentially eligible to immigrate to the United States as LPRs each
year typically exceeds the worldwide level set by the INA. Figure 6 presents a snapshot of this
pool
inon November 1,
2014. Almost2015. Over 1.8 million (
4041%) of the 4.
46 million approved visa petitions
pending at the end of
FY2014FY2015 had been submitted and approved at least 10 years earlier. These
data do not constitute a processing backlog; rather, these data represent persons who have been
approved for visas that are not yet available due to the numerical limits in the INA.
Some immigration officials and practitioners
maintainhave maintained that many petitions filed after FY2007 had
not yet appeared in the approved
pending caseload at the close of
FY2014, despite a slight uptick in
FY2009FY2015. The decline in approved
cases pendingpending cases after FY2007 was likely due to petitioners who
had not advanced in the pipeline because their visa priority dates
arewere well into the future, rather
than a drop in petitioners.
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U.S. Immigration Policy: Chart Book of Key Trends
The most recent FY2015 data suggest that the pending caseload has advanced in the processing queue, as evidenced by the uptick of petitions submitted from 2009.
Figure 7. Approved LPR Visa Petitions Pending by Preference Category
(As of November 1,
2014)
Source: U.S. Department of State, 2015)
Source: Annual Report of Immigrant Visa Applicants in the Family-sponsored and
Employment-based preferences Registered at the National Visa Center as of November 1,
2014.
Notes: LPR refers to a lawful permanent resident who has been admitted to reside permanently in the United
States. USC2015, DOS, Bureau of Consular Affairs.
Notes: USC refers to U.S. citizen.
Over half (55%) of the 4.4
Over half (56%) of the 4.6 million approved LPR visa petitions pending at the close of
FY2014
FY2015 were brothers and sisters of U.S. citizens (Figure 7). Adult children of U.S. citizens with
approved LPR visas pending totaled 25% (7% unmarried and 18% married). Family members of
LPRs totaled 17% of the approved visa petitions pending. The employment preferences
accounted for only 2% (
90,910) of the100,747) of all LPR visas pending.
For further background and analysis, see CRS Report R42866, Permanent Legal Immigration to
the United States: Policy Overview; and CRS Report R42048, Numerical Limits on
EmploymentBasedEmployment-Based Immigration: Analysis of the Per-Country Ceilings
.
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U.S. Immigration Policy: Chart Book of Key Trends
Legal Temporary Migration
Figure 8. Nonimmigrant Visas Issued by U.S. Department of State
(FY1987-FY2013)
Source: CRS presentation of data from the annual reports of the U.S. Department of State Office of Visa
Statistics.
The INA provides for the temporary admission of various categories of foreign nationals, known
as nonimmigrants. Nonimmigrants are admitted for a temporary period of time and a specific
purpose, including as tourists, students, and temporary workers. There are 24 major
nonimmigrant visa categories, and over 70 specific types of nonimmigrant visas are issued
currently. Most of these nonimmigrant visa categories are defined in §101(a)(15) of the INA.
These visa categories are commonly referred to by the letter and numeral that denotes their
subsection in §101(a)(15); for example, B-2 tourists, E-2 treaty investors, F-1 foreign students, H1B temporary professional workers, and J-1 cultural exchange participants. Many nonimmigrant
visas are valid for multiple entries as well as multiple years.
The U.S. Department of State (DOS) consular officer who issues the visa must be satisfied that
the foreign national is entitled to a nonimmigrant status. Notably, INA §214(b) generally
presumes that all aliens seeking admission to the United States are coming to live permanently; as
a result, most aliens seeking to qualify for a nonimmigrant visa must demonstrate that they are
not coming to reside permanently. Nonimmigrant visas issued abroad had dipped to 5.0 million in
.
Refugee Admissions
Figure 8. Refugee Admissions by Region
(FY1987-FY2015)
Source: U.S. Department of State, Bureau of Population, Refugees and Migration.
Notes: Data for FY1987-FY2000 are as of June 30, 2002. Data for FY2001-FY2013 are as of January 31, 2014. Data for FY2014-FY2015 are as of December 31, 2015. Beginning in FY2004, the categories of Eastern Europe and the Former Soviet Union were combined into Europe and Central Asia.
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A refugee is a person fleeing his or her country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Typically, the annual number of refugees that can be admitted into the United States (the refugee ceiling) and its allocation by region are set by the President after consultation with Congress at the start of each fiscal year.
Figure 8 illustrates both the large number of refugees admitted following the dissolution of the former Soviet Union during the late 1980s and the temporary suspension of the program following the terrorist attacks of September 11, 2001.
For further background and analysis, see CRS Report RL31269, Refugee Admissions and Resettlement Policy, and CRS Report R44277, Syrian Refugee Admissions and Resettlement in the United States: In Brief.
Asylum
Figure 9. Asylum Requests and Approvals
(FY1996-FY2014)
Source: CRS presentation of unpublished data from USCIS Refugees, Asylum and Parole System and of data from the EOIR Office of Planning, Analysis and Technology.
Notes: EOIR defensive cases include unapproved asylum cases that USCIS has referred to them as well as the credible fear claims made during expedited removal, so these data are not additive.
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Foreign nationals in the United States may apply for asylum with DHS's U.S. Citizenship and Immigration Services (USCIS) after arrival ("affirmative" requests) or with the Department of Justice's (DOJ) Executive Office for Immigration Review (EOIR) during removal proceedings ("defensive" requests). Aliens apprehended along the border or arriving at a U.S. port who lack proper immigration documents or who engage in fraud or misrepresentation are placed in expedited removal.4 However, if they express a fear of persecution, they receive a "credible fear" hearing with an USCIS asylum officer and—if found credible—are referred to an EOIR immigration judge for a hearing.
Requests for asylum – both USCIS affirmative and EOIR defensive – have dropped since the mid-1990s (Figure 9). Requests increased in the early 2000s, but then decreased again until 2009. There has been a modest increase in both USCIS affirmative and EOIR defensive since 2010. The USCIS requests in FY2014 approached the levels of the early 2000s, but the EOIR numbers have not yet reached the levels of the early 2000s. EOIR defensive cases include unapproved asylum cases that USCIS has referred to them as well as the credible fear claims made during expedited removal, so these data are not additive.
To be eligible for asylum, aliens seeking asylum must demonstrate a well-founded fear that if returned home, they will be persecuted based upon one of five characteristics: race, religion, nationality, membership in a particular social group, or political opinion. As Figure 9 also presents, the number of asylum cases approved has remained rather steady since FY1997, with the notable exception of an increase of USCIS affirmative approvals in FY2001 and FY2002. In those years, the number of affirmative cases approved exceeded 20,000 and reached 20,651 in FY2000 and 31,202 in FY2001. Otherwise, the number of affirmative cases approved by USCIS is comparable in size to the number of defensive cases approved by EOIR.
For further background and analysis, see CRS Report R41753, Asylum and "Credible Fear" Issues in U.S. Immigration Policy.
Legal Temporary Migration
Figure 10. Nonimmigrant Visas Issued by U.S. Department of State
(FY1987-FY2014)
Source: CRS presentation of data from annual reports of the DOS Office of Visa Statistics.
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The INA provides for the temporary admission of various categories of foreign nationals, known as nonimmigrants. Nonimmigrants are admitted for a temporary period of time and a specific purpose, including as tourists, students, and temporary workers. There are 24 major nonimmigrant visa categories, and over 70 specific types of nonimmigrant visas are issued currently. Most of these nonimmigrant visa categories are defined in Section 101(a)(15) of the INA. These visa categories are commonly referred to by the letter and numeral that denotes their subsection in Section 101(a)(15); for example, B-2 tourists, E-2 treaty investors, F-1 foreign students, H-1B temporary professional workers, and J-1 cultural exchange participants. Many nonimmigrant visas are valid for multiple entries as well as multiple years.
The U.S. Department of State (DOS) consular officer who issues the visa must be satisfied that the foreign national is entitled to a nonimmigrant status. Notably, INA Section 214(b) generally presumes that all aliens seeking admission to the United States are coming to live permanently; as a result, most aliens seeking to qualify for a nonimmigrant visa must demonstrate that they are not coming to reside permanently. Nonimmigrant visas issued abroad had dipped to 5.0 million in FY2004 after peaking at 7.6 million in FY2001, as Figure
810 shows. Nonimmigrant visa issuances
reached 9.
29 million in
FY2013FY2014. Expansion of the visa waiver program (VWP), which allows
nationals from
3638 countries to enter the United States as temporary visitors for business or
pleasure without obtaining a visa from a U.S. consulate abroad, has affected these trends.
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For further background and analysis, see CRS Report RL31381, U.S. Immigration Policy on
Temporary Admissions; and CRS Report RL32221,
Visa Waiver Program.
Figure 11. Temporary Employment-Based Visas Issued
(FY1994-FY2014)
Source: CRS presentation of data from annual reports of the DOS Office of Visa Statistics.
|
Visa Waiver Program.
Figure 9.Temporary Employment-Based Visas Issued
(FY1994-FY2013)
Source: U.S. Department of State Bureau of Consular Affairs data, multiple years.
The major nonimmigrant category for temporary workers is the H visa. Professional workers
typically use the H-1 visa, which includes professional specialty workers (H-1B) and nurses (
H1CH-1C). There are two visa categories for temporary seasonal workers (i.e., guest workers):
agricultural guest workers (H-2A) and other seasonal/intermittent workers (H-2B). Unskilled
workers are eligible for H-2A and H-2B visas.
Intracompany transferees who are executive, managerial, and have specialized knowledge, and
who are employed with an international firm or corporation are admitted on the L visas. Aliens
who are treaty traders enter on E-1 visas, whereas those who are treaty investors use E-2 visas.
Those with J and Q cultural exchange visas include professors and research scholars, students,
foreign medical graduates, teachers, resort workers, camp counselors, and au pairs who are
participating in an approved exchange visitor program. Persons with extraordinary ability in the
sciences, arts, education, business, or athletics are admitted on O visas, whereas internationally
recognized athletes or members of an internationally recognized entertainment group come on P
visas. Aliens working in religious vocations enter on R visas.
Generally speaking, all of the temporary employment-based visa categories have increased since
FY1994, as Figure
911 illustrates. Only the religious workers on R visas did not exhibit substantial
growth. Visas issued to employment-based nonimmigrants surpassed 1 million in FY2007 and
again in FY2008, after dropping when the
“"high-tech bubble
”" burst in the early 2000s. Although
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there was another dip during the recent recession, the temporary employment-based visas have
increased each year since FY2010.
For further background and analysis, see CRS Report
R42530, Immigration of Foreign Nationals
with Science, Technology, Engineering, and Mathematics (STEM) Degrees ; and CRS Report
R43735, Temporary Professional, Managerial, and Skilled Foreign Workers: Policy and Trends; and CRS Report R42434, Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues
.
Figure 10.
Figure 12. Nonimmigrant Admissions at U.S. Ports of Entry
(FY2003-FY2013)
Source:
Source: DHS Office of Immigration Statistics, Yearbook of Immigration Statistics: 2013
, Table 25.
, Table 25, U.S. Department of Homeland Security, Office of
Immigration Statistics.
In addition to DOS consular officers interviewing aliens applying for visas, DHS Customs and
Border Protection (CBP) inspects foreign nationals when they seek to enter the United States.
CBP policy typically requires about one-quarter of nonimmigrants entering the United States to
fill out the arrival records, which are colloquially called I-94 admissions because I-94 is the
immigration form number. For example, Mexican nationals with border crossing cards and
Canadian nationals traveling for business or tourist purposes are specifically excluded from the
I94I-94 admission totals. I-94 data presented in Figure
1012 recorded admissions
(for which one person can have several) rather than persons.
I-94 admissions have generally inched upwards from FY2003 to FY2013, largely due to CBP
’s
's expanded use of I-94 forms at land ports in FY2005. The total nonimmigrant admissions recorded
by CBP
hashave declined somewhat over this same period. In FY2013, the 18.3 million visitors
entering under the VWP constituted about 40% of all temporary visitors.
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Figure 11. Nonimmigrant
Figure 13. Nonimmigrant I-94 Admissions by Class of Admission
(FY2013)
Source:
(FY2013)
Source: DHS Office of Immigration Statistics, Yearbook of Immigration Statistics: 2013
, Table 25.
, Table 25, U.S. Department of Homeland Security, Office of
Immigration Statistics.
Visitors dominated the 61.0 million I-94 admissions in FY2013, as presented in Figure
11.
13. Almost four-fifths of all I-94 admissions were tourists in FY2013 and another 10% were business
visitors. The other substantial categories were students and exchange visitors (4%) and temporary
workers and families (5%).
For further background and analysis, see CRS Report RL31381, U.S. Immigration Policy on
Temporary Admissions; and CRS Report RL32221,
Visa Waiver Program.
Inadmissibility
Visa Waiver Program.
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Inadmissibility
Foreign nationals not already legally residing in the United States who wish to come to the United
States generally must obtain a visa to be admitted. The burden of proof is on the foreign national
to establish eligibility for a visa. Most importantly, foreign nationals must not be deemed
inadmissible according to the specified grounds in INA
§Section 212(a). These
§Section 212(a) inadmissibility
criteria are health-related grounds, criminal history, security and terrorist concerns, public charge
(e.g., indigence), seeking to work without proper labor certification, illegal entrants and
immigration law violations, ineligible for citizenship, and aliens illegally present or previously
removed.
Figure 12
Figure 14. Aliens Denied Visas Under §212(a) Inadmissibility
(FY1994-FY2013)
(FY1994-FY2014)
Source: CRS presentation of initial determination data from Table 20 of
the annual reports of the
U.S.
Department of State Office of Visa Statistics.
As Figure 12 shows, §212(a) denials for nonimmigrantDOS Office of Visa Statistics.
As Figure 14 shows, Section 212(a) denials for nonimmigrant visas have increased in the past decade,
while such denials for
immigrant visas generally have been decliningimmigrant visas have generally declined since 2008. FY2013
represented the first year where
nonimmigrant visa denialsdenials for nonimmigrant visas outnumbered those for immigrant
visas.
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Until FY2003-FY2005, public charge2 exclusions dominated the 20-year trend analysis of
inadmissibility for LPRs (Figure 13). Now visas.
Until FY2005, public charge5 exclusions were the leading grounds of inadmissibility over the 21-year period for the trend analysis of inadmissibility for LPRs shown in Figure 15. More recently, prior removals/illegal presence has become the top
single ground of inadmissibility, followed by labor certification. Increased
§Section 212(a) denials based
on other immigration law violations are depicted at the right among
“all other,” and these
collectively sum to the leading grounds since FY2008.
Figure 13"all other."
Figure 15. LPR Inadmissibility by Legal Grounds
(FY1994-FY2013)
(FY1994-FY2014)
Source: CRS presentation of initial determination data from Table 20 of
the annual reports of the
U.S.
Department of State Office of Visa Statistics.
DOS Office of Visa Statistics.
For further background and analysis, see CRS Report R41104, Immigration Visa Issuances and
Grounds for Exclusion: Policy and Trends
.
; and CRS Report R43589, Immigration: Visa Security Policies.
The INA requires the inspection of all aliens who seek entry into the United States; possession of
a visa or another form of travel document does not guarantee admission into the United States. As
a result, all persons seeking admission to the United States must demonstrate to a CBP inspector
that they are a foreign national with a valid visa and/or passport or that they are a U.S. citizen.
CBP officers can permit an alien to voluntarily withdraw their application for admission and
return to their home country. CBP officers can also summarily exclude an alien arriving through
the Visa Waiver Program and those arriving without proper documentation, unless the alien
expresses the intention to apply for asylum or has a fear of persecution or torture. Immigration
2
The term “public charge” in immigration refers to a foreign national who becomes indigent or unable to support
themselves. Applicants for immigrant status can overcome the public charge ground for exclusion based on their own
funds, prearranged or prospective employment, or an affidavit of support from someone in the United States.
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judges with the U.S. Department of Justice
’'s Executive Office for Immigration Review (EOIR)
decide all other inadmissibility cases resulting from inspections.
As
As Figure
1416 shows, the number of inadmissible aliens at ports of entry has not fluctuated greatly
over the
nineeleven-year period for which data are available. Reports published by the DHS Office of
Immigration Statistics indicate that CBP recorded
204,108225,342 foreign nationals arriving at a port of
entry who were inadmissible in
FY2013.
Figure 14FY2015.
Figure 16. Inadmissible Aliens at Ports of Entry
(FY2005-FY2013)
Source:
(FY2005-FY2015)
Source: Fiscal years 2005-2013: Yearbook of Immigration Statistics: 2013
, Table 36, DHS Office of Immigration Statistics; Fiscal years 2014-2015: DHS Press Releases, accessed by CRS on March 10, 2016 at https://www.dhs.gov/news/2014/12/19/dhs-releases-end-year-statistics and https://www.ice.gov/news/releases/dhs-releases-end-fiscal-year-2015-statistics, respectively.
According to DHS, four countries accounted for almost two-thirds of all aliens whom CBP deemed inadmissible in FY2013, the most recent year for which country-of-origin data are available., Table 36, U.S. Department of Homeland Security, Office of
Immigration Statistics.
According to the DHS Office of Immigration Statistics, Mexican nationals accounted for 28% of
inadmissible aliens, followed by persons from Canada (14%), the Philippines (11%), and Cuba
(9%). These four countries accounted for almost two-thirds of all aliens whom CBP deemed
inadmissible in FY2013.
(9%).
For further background and analysis, see CRS Report R41104, Immigration Visa Issuances and
Grounds for Exclusion: Policy and Trends
.
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Border Security
Figure 15. U.S. Border Patrol Apprehensions
(FY1975-FY2013)
Source: Statistical Yearbook of Immigration, U.S. Department of Homeland Security, Office of Immigration
Statistics, multiple fiscal years; and data provided by USBP Congressional Affairs.
.
Border Security
Figure 17. U.S. Border Patrol Apprehensions
(FY1975-FY2015)
Source: DHS, United States Border Patrol, Total Illegal Alien Apprehensions By Month - FY 2000 to FY 2015, accessed by CRS on March 6, 2016 at https://www.cbp.gov/newsroom/media-resources/stats.
|
Border Patrol apprehensions of foreign nationals between ports of entry fell to a 40-year low in
FY2011, before increasing in the subsequent two years, as Figure 15 FY2011 and then fluctuated more recently as Figure 17 shows. Apprehensions had
peaked at 1.7 million in 1986, the year Congress enacted IRCA. Since 1986, Congress has passed
at least four laws authorizing increased Border Patrol personnel, and there has been a
corresponding increase in appropriations. Border Patrol staffing has more than doubled over the
past decade and increased more than nine-fold since 1998. As of
October 9, 2014September 30, 2015, the Border
Patrol had 20,
833273 agents, up from a total of 2,268 Border Patrol agents in 1980.
3
6
Annual Border Patrol apprehensions generally increased between FY1991 and FY2000, climbing
from 1.13 million in FY1991 to 1.68 million in FY2000. Apprehensions have generally fallen
since that time (with the exception of FY2004-FY2006), reaching a
40-year low of 327,577 in FY2011
before increasing to
420,789 in FY2013.
479,377 in FY2014 and then declining again to 337,117 in FY2015.
Border patrol apprehensions data count events rather than people. Thus, an unauthorized migrant
who is caught trying to enter the country three times in one year counts as three apprehensions.
The percentage of apprehended aliens whom the Border Patrol makes subject to some form of
3
Department of Homeland Security press release Remarks by Secretary Jeh Johnson (and accompanying slides),
“Border Security in the 21st Century,” October 9, 2014.
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high-consequence enforcement (i.e., criminal charges, formal removal, lateral repatriation, or
interior repatriation) has increased in recent years, reaching 86% (452,664 out of 529,393) in
FY2012.
FY2012, the most recent year for which data are available.
For further background and analysis, see CRS Report R42138, Border Security: Immigration
Enforcement Between Ports of Entry
.
Employment Eligibility Verification
Figure 16.
Employment Eligibility Verification
Figure 18. Number of Employers Enrolled in E-Verify and Cases Submitted
(FY2001 to
FY2013)
FY2015)
Source: CRS presentation of data from U.S. Citizenship and Immigration Services
.
and DHS Congressional Budget Justification, multiple years.
All employers are currently required to participate in a paper-based employment eligibility
verification system in which they examine documents presented by every new hire to verify the
person’ person's identity and work eligibility. The INA states that an employer is in compliance
“"if the
document reasonably appears on its face to be genuine.
”" The new hire must submit a document
that establishes both identity and authorization to work (e.g., U.S. passport or LPR card) or
submit two documents, one establishing identity (e.g., driver
’'s license) and the other establishing
authorization to work (e.g., Social Security card). Employers must retain these employment
eligibility verification (I-9) forms.
Employers may opt to participate in an electronic employment eligibility verification program,
EVerifyE-Verify, which checks the new hire
’'s employment authorization through Social Security
Administration and, if necessary, DHS databases. E-Verify evolved from the Basic Pilot program,
one of the three employment verification pilots authorized by the Illegal Immigration Reform and
Immigrant Responsibility Act (IIRIRA) of 1996 to be implemented and the only one still in
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operation. It began in November 1997 in the five states with the largest unauthorized alien
populations at the time. In December 2004, in accordance with P.L. 108-156, the program became
available nationwide. The number of employers enrolled in E-Verify grew from 5,900 in FY2005
to 483 to 617,000 by the end of
FY2013FY2015. These data indicate that
approximately 8roughly 10% of U.S. employers
were participating in E-Verify by the close of
FY2013. FY2015. Figure
1618 shows a comparable increase
over time in the number of E-Verify cases that employers have submitted. The number of cases
has grown from just under 1 million in FY2005 to
23.930.5 million in
FY2013.
FY2015.
For further background and analysis, see CRS Report R40446, Electronic Employment Eligibility
Verification.
Worksite Enforcement
Figure 17 Verification.
Worksite Enforcement
Figure 19. Administrative (Civil) Charges and Fines under INA §274A
(FY1999-FY2014)
Source: Data provided to CRS by ICE,
November 2014.
Under INA §July 2008, April 2010, and March 2015.
Under INA Section 274A, it is 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. Employers who engage in
unlawful employment may be subject to civil and/or criminal penalties. If DHS
’'s Immigration
and Customs Enforcement (ICE) believes that an employer has committed a civil violation, the
employer may receive a
“"Final Order
”" for civil money penalties, a settlement, or a dismissal. In
April 2009, ICE issued new guidance on immigration-related worksite enforcement
. The 2009
guidance that emphasized targeting criminal aliens and employers who cultivate illegal workplaces.
According to data provided by ICE,
637642 employers were subject to civil penalties in
FY2013, up
FY2014, up from zero in FY2006
, as depicted in Figure 17 (Figure 19). A total of $
15.816.3 million in administrative fines
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were imposed in
FY2013FY2014—a figure that exceeds the level of total fines imposed
cumulatively from FY1999
through FY2009.
Figure 18
Figure 20. Criminal Charges and Fines under INA §274A
(FY2003-FY2014)
Source: Data provided to CRS by ICE,
November 2014
July 2008, April 2010, and March 2015.
Employers convicted of having engaged in a pattern or practice of knowingly hiring or continuing
to employ unauthorized aliens may face criminal fines and/or imprisonment. It is also a criminal
offense for a person to knowingly produce, use, or facilitate the production or use of fraudulent
immigration documents. Criminal fines peaked at $36.6 million in FY2010,
declined to considerably lower levels between FY2011-FY2013, and increased to $35.1 million in FY2014 (Figure 20).
Between FY2003 and FY2008, the number of criminal arrests in worksite enforcement operations increased as shown in Figure 20; some of the yearly changes, as from FY2005 to FY2006, were marked. Between FY2008 and FY2009, the number of individuals arrested on criminal charges plummeted. Since FY2011, there has been a steady decline in the number of arrests.
as presented in
Figure 18.
For further background and analysis, see CRS Report R40002, Immigration-Related Worksite
Enforcement: Performance Measures
.
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Alien Removals
Figure 19.
Alien Removals
Figure 21. Alien Formal Removals and Voluntary Returns
(FY1990-FY2013)
Source: Statistical Yearbook of Immigration, U.S. Department of Homeland Security, Office of Immigration
Statistics, multiple fiscal years.
Note: ICE has reported removal statistics that
(FY1990-FY2015)
Source: DHS Office of Immigration Statistics, Yearbook of Immigration Statistics, multiple fiscal years.
Note: ICE reported removal statistics differ from those published by the DHS Office of Immigration
Statistics.
The specific grounds for which foreign nationals are removed from the United States are found in
INA
§Section 237. These grounds are comparable to the inadmissibility grounds. They include foreign
nationals who are inadmissible at time of entry or violate their immigration status; commit certain
criminal offenses (e.g., crimes of moral turpitude, aggravated felonies, alien smuggling,
highspeedhigh-speed flight); fail to register (if required under law) or commit document fraud; are security risks
(such as aliens who violate any law relating to espionage, engage in criminal activity that
endangers public safety, partake in terrorist activities, or genocide); become a public charge
within five years of entry; or vote unlawfully. Generally, an immigration judge determines
whether an alien is removable.
Formal removals grew from 30,039 in FY1990 to 438,421 in FY2013. Since FY2001, formal
removals have increased by over 100%. The trends for direct returns at the border and voluntary
departures whether an alien is removable.
Both formal removals and voluntary returns increased steadily during the 1990s. However, voluntary returns (i.e., permitting aliens to leave the United States on their own recognizance and at their
own expense) within the interior in Figure 19 resemble those of Border Patrol apprehensions
over the same period, as depicted in Figure 15. As Figure 19 illustrates, the ratio of voluntary
departures to formal removals has gone from 34:1 in FY1990 to under 1:2 by FY2013.
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own expense) have declined from 1.68 million in FY2000 to 0.2 million in FY2015 while formal removals have increased over the same period from 188,000 in FY2000 to 462,000 in FY2015 (Figure 21).
For further background and analysis, see CRS Report
R42138, Border Security: Immigration
Enforcement Between Ports of Entry.
Criminal Aliens
Figure 20. Interior Immigration Enforcement Targeting Criminal Aliens
(FY2004-FY2012)
Source: CRS Report R42057, Interior Immigration Enforcement: Programs Targeting Criminal Aliens.
DHS’s Immigration and Customs Enforcement (ICE) managed four interior immigration
enforcement programs targetingR43892, Alien Removals and Returns: Overview and Trends.
Criminal Aliens
Figure 22. Criminal and Non-criminal Aliens Removed from the United States
(FY2001-FY2013)
Source: DHS Office of Immigration Statistics, Yearbook of Immigration Statistics, multiple fiscal years.
Note: ICE removal statistics differ from those published by the DHS Office of Immigration Statistics.
|
DHS's Immigration and Customs Enforcement (ICE) manages four interior enforcement programs that target criminal aliens. The Criminal Alien Program (CAP) is an
umbrella program that includes several
different systems for initiating removal proceedings
against criminal aliens within federal, state, and local prisons and jails. The
number of CAP
arrests jumped from 28,493 in FY2006 to 164,296 in FY2007 in just one year. The number has
fluctuated less substantially in subsequent years, as shown in Figure 20.
Secure CommunitiesINA §287(g) program enables ICE to delegate certain immigration enforcement functions to state and local law enforcement agencies pursuant to memorandums of agreement between such agencies and ICE. The National Fugitive Operations Program (NFOP) pursues at-large criminal aliens and fugitive aliens.
The Priority Enforcement Program (PEP, formally called Secure Communities) is an information sharing program between DHS and the Department of
Justice (DOJ). Under the program, when participating law enforcement agencies submit the
fingerprints of people being booked into jails to the Federal Bureau of Investigation (FBI) for
criminal background checks, the fingerprints are also automatically checked against DHS
databases, and potential matches are forwarded to ICE
’s Law Enforcement Support Center.
Secure Communities began in FY2009 with 95,664 alien identifications and had increased to
436,377 enforcement actions in FY2012. ICE identifies many more potentially removable aliens
than it arrests. Per President Obama’s Executive Action of November 20, 2014, Secure
Communities was ended and replaced with the Priority Enforcement Program (PEP).4
4
Memorandum from Jeh Charles Johnson, Secretary, Secure Communities, U.S. Department of Homeland Security,
(continued...)
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The INA §287(g) program enables ICE to delegate certain immigration enforcement functions to
state and local law enforcement agencies pursuant to memorandums of agreement between such
agencies and ICE. ICE trains and supervises the local officers, who may perform specific
functions relating to the investigation, apprehension, or detention of aliens. INA §287(g) arrests
have gone from 0 in FY2004 and 2 in FY2005 to 32,141 in FY2012, peaking at 56,116 in
FY2009. National Fugitive Operations Program (NFOP) pursues known at-large criminal aliens
and fugitive aliens, and their arrests have gone from 6,584 in FY2004 to 37,371 in FY2012.
For further background and analysis, see CRS Report R42057, Interior Immigration
Enforcement: Programs Targeting Criminal Aliens.
Figure 21. Criminal and Non-criminal Aliens Removed from the United States
(FY2001-FY2013)
Source: Statistical Yearbook of Immigration, U.S. Department of Homeland Security, Office of Immigration
Statistics, multiple fiscal years.
Note: ICE has reported removal statistics that differ from those published by the DHS Office of Immigration
Statistics.
's Law Enforcement Support Center.
In 1986, Congress made deporting aliens who had been convicted of certain crimes an
enforcement priority. Between 1988 and 1996, Congress enacted
a series of measures, including
the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996
, (IIRIRA, P.L. 104-208),
which expanded the definition of aggravated felons and created additional criminal grounds
for removal.
(...continued)
November 20, 2014.
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The number of criminal aliens who have been removed has risen sharply in recent years.
According to the DHS Office of Immigration Statistics, and as presented in Figure 21, the
number of criminal aliens removed from the United States has gone from 73,298 in FY2001 to
198,394 in FY2013. This change is a 137% increase in the removal of criminal aliens over the
past decade for removal.
The number of criminal aliens removed from the United States has increased 137% over the past decade, from 73,298 in FY2001 to 198,394 in FY2013 (Figure 22). As a percentage of all removals, criminal aliens accounted for 45% in FY2013.
For further background and analysis, see CRS Report R42057, Interior Immigration
Enforcement: Programs Targeting Criminal Aliens; and CRS Report RL32480,
Immigration
Immigration Consequences of Criminal Activity
.
Unauthorized Resident Aliens
Figure 22. Estimated Number of Unauthorized Resident Aliens
(CY2000-CY2013)
Source: CRS presentation of analyses of U.S. Census and CPS data conducted by Jeffrey Passel and D'Vera
Cohn (2008, 2010, 2011); Michael Hoefer, Nancy Rytina, and Bryan Baker (2009, 2010, 2011); and Bryan Baker
and Nancy Rytina (2013).
Note: This chart presents estimates produced with three different sources of data: the 2000 Decennial Census,
the 2010 Decennial Census, and the Current Population Survey (CPS). OIS refers to the DHS Office of
Immigration Statistics; Pew refers to the Pew Hispanic Center.
The three main components of the unauthorized resident alien population are (1) aliens who enter
the country surreptitiously without inspection, (2) aliens who overstay their nonimmigrant visas,
and (3) aliens who are admitted on the basis of fraudulent documents. In all three instances, the
aliens are in violation of the INA and subject to removal.
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Estimates derived from the March Supplement of the CPS indicate that the unauthorized resident
alien population rose from 8.6 million in 2000 to 11.3 million in 2013, as Figure 22 shows. The
demographers at the Pew Research Center, which produced many of the unauthorized population
estimates, concluded that the size of the unauthorized resident alien population has declined from
an estimated 12.2 million unauthorized immigrants living in the United States in March 2007.
Demographers at the Department of Homeland Security’s (DHS's) Office of Immigration
Statistics (OIS) published their estimates of the unauthorized resident alien population and
yielded results consistent with Pew Research estimates. OIS demographers drew their estimates
from the decennial censuses of 2000 and 2010, adjusted with the American Community Survey
(ACS). Although their ACS estimates tend to be lower than the Pew estimates using the Current
Population Survey (CPS), the trends are comparable.
The most recent OIS report estimated that 42% of the 11.4 million unauthorized residents in 2012
had entered from 2000 to 2010. Although increased border security, a record number of alien
removals, and high unemployment, among other factors, have depressed the levels of illegal
migration in recent years, the estimated number of unauthorized aliens residing in the United
States has remained above 10 million for a decade.
.
Unauthorized Resident Aliens
Figure 23. Estimated Number of Unauthorized Resident Aliens
(CY2000-CY2014)
Source: Jeffrey S. Passel and D'Vera Cohn, "Unauthorized immigrant population stable for half a decade," Pew Research Center (Pew), July 22, 2015; Michael Hoefer, Bryan Baker and Nancy Rytina, Estimates of the Unauthorized Immigrant Population Residing in the United States (multiple years), DHS Office of Immigration Statistics (OIS); and Robert Warren, "US Undocumented Population Drops Below 11 Million in 2014, with Continued Declines in the Mexican Undocumented Population," Center for Migration Studies (CMS).
Note: OIS used 2000 decennial Census data for 2005-2009 estimates and 2010 decennial Census data for 2010-2012 estimates.
|
The three main components of the unauthorized resident alien population are (1) aliens who enter the country surreptitiously without inspection, (2) aliens who overstay their nonimmigrant visas, and (3) aliens who are admitted on the basis of fraudulent documents. In all three instances, the aliens are in violation of the INA and subject to removal.
Estimates derived by the Pew Research Center using the March Supplement of the Current Population Survey (CPS) indicate that the unauthorized resident alien population rose from 8.6 million in 2000 to a peak of 12.2 million in 2007. It subsequently declined and has remained relatively stable since 2010 (Figure 23). Pew's estimate of the unauthorized population in 2014 was 11.3 million.
Demographers at DHS's Office of Immigration Statistics (OIS) have produced estimates consistent with those of Pew using 2000 and 2010 decennial Census data. The 2010 data used by OIS for its more recent estimates was adjusted using data from the American Community Survey (ACS). Although their ACS-adjusted estimates tend to be lower than the Pew estimates using the Current Population Survey (CPS), the trends are comparable.
Demographers at the Center for Migration Studies, using a third type of similarly rigorous methodology, have also produced estimates consistent with those of Pew using data from the American Community Survey. These estimates, undertaken for fewer years, show that the unauthorized alien population has been consistently declining in recent years, from a high of 12.0 million persons in 2008 to 10.9 million in 2014.
The most recent OIS report estimated that 42% of the 11.4 million unauthorized residents in 2012 had entered from 2000 to 2010. In recent years, several factors including increased border security, record numbers of alien removals, and high unemployment have depressed the levels of illegal migration, yet the estimated number of unauthorized aliens residing in the United States has remained above 10 million for over a decade.
For further background and analysis, see CRS Report RL33874, Unauthorized Aliens Residing in
the United States: Estimates Since 1986
.
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Unaccompanied Alien Children
Figure 23, and CRS Report R41207, Unauthorized Aliens in the United States: Policy Discussion.
Unaccompanied Alien Children
Figure 24. Unaccompanied Alien Children Apprehensions
, by Country of Origin
(FY2008-FY2015)
Source: DHS, United States Border Patrol.
|
by Country of Origin
(FY2008-FY2014)
20,000
18,000
Mexico
16,000
14,000
Guatemala
12,000
10,000
El Salvador
8,000
6,000
Honduras
4,000
2,000
All Other
FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014
Source: Department of Homeland Security, United States Border Patrol
Unaccompanied alien children (UAC) are defined in statute as aliens who are under age 18, lack
lawful immigration status in the United States, and are without a parent or legal guardian in the
United States or lack a parent or legal guardian in the United States who is available to provide
care and physical custody.
In the past several years, the number of
unaccompanied alien children (UAC)such unaccompanied children seeking to enter the
United States along the U.S.-Mexico border has surged to historically high levels. Apprehensions
of UAC, mainly at the Mexico-U.S. border, increased from 8,041 in FY2008 to
a peak of 68,445 in FY2014
(Figure 23), before declining to 39,970 in FY2015 (Figure 24). In the first four months of FY2016 (not shown in Figure 24), apprehensions reached 20,455, a 102% increase over the same period FY2015 and a 24% increase over FY2014. Four countries account for almost all of the UAC cases (El Salvador, Guatemala,
Honduras, and Mexico) and much of the recent increase has come from El Salvador, Guatemala,
and Honduras.
Several agencies in the Department of Homeland Security (DHS) and the Department of Health
and Human Services
’' (HHS
's) Office of Refugee Resettlement (ORR) share responsibilities for the
processing, treatment, and placement of UAC. Congress has expressed increasing concern over
this situation because of its implications for border security and U.S. immigration policy.
For further background and analysis, see CRS Report R43599, Unaccompanied Alien Children:
An Overview.
Congressional Research Service
25
U.S. Immigration Policy: Chart Book of Key Trends
Author Contact Information
William A. Kandel
Analyst in Immigration Policy
wkandel@crs.loc.gov, 7-4703
Acknowledgements
This report was originally authored by Ruth Ellen Wasem, Specialist in Immigration Policy, who is on
leave from CRS until October 1, 2015.
Key Policy Staff
Area of Expertise
Name
Phone
E-mail
Border security, terrorism, organized
crime
Jerome Bjelopera
7-0622
jbjelopera@crs.loc.gov
Employment eligibility verification,
legalization, guest workers, and
worksite enforcement
Andorra Bruno
7-7865
abruno@crs.loc.gov
Interior enforcement, detention and
removal, Visa Waiver Program,
investors
Alison Siskin
7-0260
asiskin@crs.loc.gov
Legal immigration, family-based,
naturalization, integration, criminal
aliens, intercountry adoption
William Kandel
7-4703
wkandel@crs.loc.gov
Legal immigration, employment-based,
inadmissibility, document integrity and
fraud, visa policy
Ruth Ellen Wasem
7-7342
rwasem@crs.loc.gov
Legislative Attorney (immigration
enforcement issues)
Michael Garcia
7-3873
mgarcia@crs.loc.gov
Legislative Attorney (legal immigration
and citizenship issues)
Margaret Lee
7-2579
mmlee@crs.loc.gov
Legislative Attorney (immigration
enforcement issues)
Kate Manuel
7-4477
kmanuel@crs.loc.gov
Congressional Research Service
26
An Overview.
Author Contact Information
[author name scrubbed], Analyst in Immigration Policy
([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Immigration Policy
([email address scrubbed], [phone number scrubbed])
Key Policy Staff
Area of Expertise
|
Name
|
Phone
|
Email
|
Border security, temporary protected status, EB-5 program
|
Carla Argueta
[phone number scrubbed]
[email address scrubbed]
Border security, terrorism, organized crime
|
Jerome Bjelopera
|
[phone number scrubbed]
|
[email address scrubbed]
|
Employment eligibility verification, legalization, guest workers, and worksite enforcement
|
[author name scrubbed]
|
[phone number scrubbed]
|
[email address scrubbed]
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Interior enforcement, detention and removal, Visa Waiver Program, investors
|
[author name scrubbed]
|
[phone number scrubbed]
|
[email address scrubbed]
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Legal immigration, family-based, naturalization, integration, criminal aliens, intercountry adoption
|
William Kandel
|
[phone number scrubbed]
|
[email address scrubbed]
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Legal immigration, employment-based, inadmissibility, document integrity and fraud, visa policy
|
[author name scrubbed]
|
[phone number scrubbed]
|
[email address scrubbed]
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Legislative Attorney (immigration enforcement issues)
|
Michael Garcia
|
[phone number scrubbed]
|
[email address scrubbed]
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Legislative Attorney (legal immigration and citizenship issues)
|
Margaret Lee
|
[phone number scrubbed]
|
[email address scrubbed]
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Legislative Attorney (immigration enforcement issues)
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Kate Manuel
|
[phone number scrubbed]
|
[email address scrubbed]
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Footnotes
1.
|
Since 2000, other major laws that amended the INA include the USA PATRIOT Act (P.L. 107-56), the Enhanced Border Security and Visa Reform Act of 2002 (P.L. 107-173), Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458), and the REAL ID Act of 2005 (P.L. 109-13, Division B). None of these laws attempted a comprehensive reform of the INA.
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2.
|
A lawful permanent resident is a foreign national who has been legally admitted to reside permanently in the United States.
|
3.
|
Diversity immigrants are selected through the diversity immigrant visa lottery which was established in 1990 to encourage legal immigration from countries other than the major sending countries of current immigrants to the United States. For further background and analysis, see CRS Report R41747, Diversity Immigrant Visa Lottery Issues.
|
4.
|
CRS Report RL33109, Immigration Policy on Expedited Removal of Aliens.
|
5.
|
The term "public charge" in immigration refers to a foreign national who becomes indigent or unable to support themselves. Applicants for immigrant status can overcome the public charge ground for exclusion based on their own funds, prearranged or prospective employment, or an affidavit of support from someone in the United States.
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6.
|
Department of Homeland Security press release Remarks by Secretary Jeh Johnson (and accompanying slides), "Border Security in the 21st Century," October 9, 2014.
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