Immigration

Updated December 14, 2018February 18, 2020 Immigration Immigration is a broad, multifaceted policy issue that involves involves temporarily or permanently admitting foreign nationals (in statute, aliens) into the United States and enforcing immigration laws. It is a perennial topic of congressional oversight and legislation. In recent years, the executive branch has taken the lead in implementing numerous policy initiatives, relying on discretionary authority conferred by statute. During the 115th Congress, the Trump Administration has pursued various immigration policies through executive branch action, including the imposition of entry restrictions known as the “travel ban,” the termination of the Deferred Action for Childhood Arrivals (DACA) initiative, and the “zero tolerance” policy regarding illegal border crossing. Courts have blocked some of these actions. For other proposals, such as constructing a border wall and restricting family-based immigration, the Administration has sought congressional action. U.S. immigration law is concerned with aliens, a term defined by the invoking discretionary authority conferred by statute. U.S. immigration law uses the term aliens, defined by the Immigration and Nationality Act (INA) to mean persons who are are not U.S. citizens or U.S. nationals (e.g., persons born in American American Samoa). Aliens are also referred to as noncitizens or foreign foreign nationals. Overview of Key Issues U.S. immigration policy can be divided into three broad areas, involving (1) the permanent or temporary admission or entry of aliens into the United States; (2) the enforcement of laws governing aliens’ entrythe admission, presence, and employment of aliens in the United States; and (3) noncitizens’noncitizen eligibility for federal, state, and local government programs and benefits. Admission or Entry of Aliens to the United States The Immigration and Nationality Act (INA)INA provides for the admission or other entry of aliens to the United States. Some aliens are admitted “permanently,” throughpermanently through the family- or employment-sponsoredbased immigrant visas, or as refugees, and they system, and receive “green cards” or lawful permanent resident resident (LPR) status. Others are admitted temporarily for specific purpose through nonimmigrant visas (e.g., tourists, students, or as refugees or granted asylum and can later obtain LPR status. Still others are admitted temporarily for specific purposes as nonimmigrants (e.g., tourists, students, temporary workers). Permanent Admissions. Four major principles underlie U.S. policy on permanent immigration: (1) reunifying families, (2) admitting immigrants with needed skills, (3) diversifying immigrant flows by country of origin, and (4) providing humanitarian refuge. The first three principles humanitarian admissions for refugees and asylees. The first three principles form the basis for the INA’s complex set of numerical numerical limits and preference categories for permanent immigration. In contrast, the INA gives the President discretion, in consultation with Congress, to determine annually the number of refugees admitted to the United States. Refugees Generally, refugees are persons displaced from their home countries because of persecution on a protected ground (e.g., race or religion). Aliens admitted as immigrants or refugees may apply to , religion). Aliens granted LPR status may apply to become U.S. citizens through a process known as naturalization, typically after five years of U.S. residence. In FY2017FY2018, roughly 1.1 million aliens became LPRs, including 749696,000 through family-sponsored pathways, 138,000 through employment-sponsoredbased pathways, 5245,000 through the Diversity Immigrant Visa, 146186,000 through the refugee and asylum programs, and 4332,000 through other specialized categories. Congress has debated whether and how to restructure the current family- and employmentsponsoredemployment- sponsored admissions provisions to reflect U.S. needs and interests. President Trump capped FY2017 refugee admissions at 50,000 in the “travel ban” executive orders after the Obama Administration had set the original cap for that year at 110,000. Temporary Admissions. The INA also provides for the admission of nonimmigrants for specific periods of time and purposes. In FY2017, there were more than 181 million nonimmigrant admissions, most of which were for local border crossing activity, tourism, and business travel. A temporary admission, in itself, generally does not provide a pathway to U.S. citizenship. Nonimmigrants also include guest workers on H-1 and H-2 visas, whose admission to the United States is subject to interests. Some Members of Congress and President Trump have argued for reducing family-sponsored immigration in favor of a “merit-based” approach that prioritizes education, employability, and English language proficiency. Additionally, President Trump has reduced the refugee admissions ceiling each year, and set the FY2020 ceiling at 18,000, the lowest in the history of the U.S. refugee program. Temporary Admissions. The INA also provides for the temporary admission of nonimmigrants for limited periods and specific purposes. In FY2018, there were more than 186 million nonimmigrant admissions, most of which were for Mexican and Canadian border crossing activity, tourism, and business travel. A temporary admission, in itself, generally does not provide a pathway to LPR status. Nonimmigrants also include temporary workers on H-1 and H-2 visas, whose admission to the United States is subject to various restrictions intended to minimize their impact on the domestic labor market. An ongoing debate centers on whether and how how many workers should be admitted each year, how admitting temporary workers affects U.S. workers, as well as and whether the INA existing INA provisions should be amended to further limit such effects. Screening of Applicants for Admission. Aliens seeking admission to the United States as immigrants or nonimmigrants are screened both U.S. admission as immigrants, nonimmigrants, or refugees are screened outside the United States, typically while applying for visas, and at a U.S. port of entry when they seek admissionagain when they arrive at U.S. ports of entry. As part of the screening, aliens must establish their identity identities, meet eligibility requirements for their admission category categories, and not be inadmissible on INA groundsfor reasons pertaining to health, criminal, security, terrorism, or other grounds. Aliens from certain countries, including those participating in the Visa Waiver Program (VWP), may temporarily traveltravel temporarily to the United States without a visa. However, VWP travelers and other visa-free travelers are also subject to background checks and screening before and upon U.S. arrival. In FY2017, more than 22FY2018, 22.8 million U.S. admissions occurred occurred through the VWP program. Enforcement of the Immigration Laws The INA also prescribes a range of penalties and other consequences for aliens and, in some cases, other persons https://crsreports.congress.gov Immigration who run afoul of the INA’s Immigration Laws The INA prescribes penalties for aliens who violate its restrictions on the admission or entry of aliens; the conditions of aliens’ continued presence in the United States; the employment of aliens; and other matters. provisions. Initiatives to enforce these laws fall into two main categories: border security and interior enforcement. Border Security. Border security involves securing the means by which people and goods enter the country. Operationally, this requires controlling the official ports of entry (POE) through which legitimate travelers and commerce commerce enter the United States, and patrolling the nation’s land and maritime borders to interdict illegal entries. Federal law https://crsreports.congress.gov Immigration entries between POE. Federal law gives the Department of Homeland Security (DHS) broad authority to deploy physical barriers along U.S. borders and to waive the application of various laws that impede their construction. The Trump Administration has sought and may continue to seek appropriations to construct a singular physical barrier known as the “wall” along most or all of the southern border between Mexico and the United States. In FY2017, DHS’s Customs and Border Protection (CBP) apprehended 303,916 aliens illegally crossing the southern border and 6,615 aliens illegally crossing the northern and U.S. coastal borders. Many of those apprehended at the southern border migrated from El Salvador, Guatemala, and Honduras, including many families and unaccompanied children. The INA and other legal authorities limit the detention of family units and unaccompanied children who have been apprehended while illegally entering the United States. In 2018, the Trump Administration briefly pursued a “zero-tolerance” policy of criminally prosecuting all illegal entrants, which resulted in the separation of children from their parents for more than 2,600 families who illegally crossed the southern border; the President ended the policy by executive order. Interior Enforcement. Interior enforcement refers to immigration law enforcement within the U.S. interior. For instance, worksite enforcement applies to aliens not authorized to work in the United States. Another interior enforcement responsibility involves removing aliens who illegally entered or remained in the United States. Depending upon circumstances, aliens may be detained pending their removal. In FY2017, DHS’s Immigration and Customs Enforcement (ICE), the primary agency tasked with interior enforcement, removed 81,603 individuals arrested for violating immigration or criminal laws. An estimated 11 million unauthorized aliens reside in the United States, raising a number of policy questions. Many live in “mixed-status” households with U.S. citizen children and spouses. Some observers favor creating a pathway to citizenship for at least some unauthorized aliens, while others support their removal. Questions also have been raised about which aliens should be priorities for removal, the adequacy of financial and other resources devoted to removal, whether removal should be expedited, how expedited processes could affect aliens’ rights, and how to deal with “recalcitrant” countries that do not fully cooperate in the repatriation of their citizens and nationals. Aliens’ Eligibility for Government Programs Federal laws restrict aliens’ eligibility for federal meanstested public benefits, like Medicaid, although there are certain exceptions (e.g., LPRs with substantial U.S. work history). Restrictions also apply to aliens’ eligibility for other federal, state, and local public benefits, which include retirement, welfare, and a range of government programs. DHS recently proposed new regulations that would make it more difficult for aliens to obtain LPR status if they use or are likely to use welfare, non-emergency Medicaid, the Supplemental Nutrition Assistance Program (SNAP), or certain other federal public benefits. Recent Congressional Action Although the 115th Congress has not enacted immigration laws considered major or comprehensive, the House and the Senate did enact several discrete immigration-related measures, including legislation to facilitate more expedient business travel between Asian countries and the United States, increase the number of temporary nonagricultural workers, and provide additional immigrant visas for foreign nationals assisting the U.S. military overseas. The 115th Congress also considered legislative proposals centering on several prominent immigration issues. These included granting LPR status to unlawfully present aliens brought to the United States as children (current beneficiaries of the DACA program); bolstering border security, including appropriating funds for President Trump’s proposed border “wall”; altering or terminating the Diversity Immigrant Visa and possibly allocating some or all of its visas to other permanent immigration pathways; revising and, in most cases, reducing family-based permanent immigration; replacing the existing employment-sponsored immigration system with an entirely merit-based approach; and replacing LPR status for parents of U.S. citizens with a new five-year renewable nonimmigrant visa. While many of these initiatives saw congressional action, none have been enacted into law. Potential Action in the 116th Congress With the change in majority of the House, the focus of congressional action on immigration is expected to shift. Legislation in the 116th Congress may include permanent immigration relief for DACA beneficiaries and foreign nationals with Temporary Protected Status (TPS). Some Members may also seek to act as a check against the Trump Administration’s concerted focus on immigration enforcement, including a reassessment of border wall funding, a review of ICE’s priorities for removing foreign nationals, and possible investigations into certain enforcement programs such as the “zero tolerance” policy and the resulting family separations. However, priorities for immigration policy legislation may differ in the Senate, where the majority from the previous Congress has increased. William A. Kandel, Coordinator, Analyst in Immigration Policy Jill H. Wilson, Analyst in Immigration Policy IF10520 https://crsreports.congress.gov Immigration construction. In response to multiple Trump Administration requests totaling more than $8.3 billion through FY2019 for border barrier construction, Congress has appropriated almost $3.1 billion. The Administration has redirected an additional $6.7 billion, mostly from FY2019 defense funds, toward border barrier construction. In 2018, the Trump Administration briefly pursued a “zerotolerance” policy of criminally prosecuting all adult illegal entrants. Because the INA and other legal authorities limit the detention period of family units and unaccompanied children, the “zero tolerance” policy resulted in the separation of roughly 3,000 families who illegally crossed the southern border; the President ended the policy by executive order. In FY2019, DHS’s Customs and Border Protection (CBP) apprehended 851,508 migrants at the southern border—the highest number since FY2007. Another 126,001 migrants were determined to be inadmissible at POE. Many of those apprehended at the southern border migrated from El Salvador, Guatemala, and Honduras, including many families and unaccompanied children. In January 2019, in response to increased numbers of migrants arriving at the southern border without entry documents, DHS implemented the Migrant Protection Protocols (MPP), which require many asylum seekers to wait in Mexico while U.S. immigration courts process their cases. To date, over 60,000 migrants have been placed into MPP. In addition, the Trump Administration has implemented new rules restricting access to the U.S. asylum system for aliens arriving at the southern border, including rendering aliens ineligible for asylum if they have transited through third countries, transferring aliens to “safe third countries” to pursue asylum there, and changes in asylum processing at border facilities. Interior Enforcement. Interior enforcement refers to immigration law enforcement within the U.S. interior. For instance, worksite enforcement involves enforcing prohibitions on employing aliens who are not authorized to work in the United States. Another interior enforcement responsibility involves removing aliens who illegally entered the United States or entered legally but violated the terms of their admission. Depending upon circumstances, aliens may be detained pending their removal. In FY2019, DHS’s Immigration and Customs Enforcement (ICE), the primary agency tasked with interior enforcement, removed 85,958 individuals arrested for having violated immigration or criminal laws. An estimated 10.5 million unauthorized aliens reside in the United States, raising a number of policy questions. For example, in 2016 an estimated 5.6 million children were living with unauthorized alien parents in “mixed-status” households. Some observers favor creating a pathway to LPR status for at least some unauthorized aliens, while others support removing all unauthorized aliens. Questions also have been raised about which aliens should be priorities for removal, how many resources should be devoted to removal, how expedited processes could affect aliens’ rights, and how to deal with “recalcitrant” countries that do not fully cooperate in the repatriation of their citizens and nationals. Noncitizen Eligibility for Government Programs Federal laws restrict noncitizens’ eligibility for federal means-tested public benefits, like Medicaid, although there are certain exceptions (e.g., LPRs with substantial U.S. work histories). Restrictions also apply to eligibility for other federal, state, and local public benefits, which include retirement, welfare, and a range of government programs. DHS has issued new “public charge” regulations making it more difficult for noncitizens to obtain LPR status if they have used or are likely to use Temporary Assistance for Needy Families (TANF), non-emergency Medicaid, the Supplemental Nutrition Assistance Program (SNAP), or certain other federal public benefits. Trump Administration Policies During the 115th and 116th Congresses, the Trump Administration has pursued a broad range of immigration policies through executive branch action, including imposing entry restrictions known as the “travel ban,” terminating the Deferred Action for Childhood Arrivals (DACA) initiative, instituting the “zero tolerance” policy regarding illegal border crossing, building barriers along the U.S. border with Mexico, restricting legal immigration based on use of public benefits, and establishing a variety of asylum restrictions. Courts have blocked some of these actions. For proposals such as border barrier construction and restricting family-sponsored immigration, the Administration has sought congressional action, while also pursuing executive actions in some cases. Selected Action in the 116th Congress Although the 116th Congress has not enacted major immigration reform, it did provide emergency appropriations for humanitarian assistance and security at the southern border. In addition, among other bills enacted into law, the National Defense Authorization Act for FY2020 includes provisions to allow certain Liberians to apply for LPR status, increase the number of special immigrant visas for Afghan allies, and provide immigration protections for military service members. In addition, several discrete immigration-related measures passed one chamber, including legislation to provide LPR status to certain unauthorized childhood arrivals and others currently residing in the United States with temporary protection from removal, establish a new temporary-topermanent immigration status for certain agricultural workers, revise the per-country limits on employmentbased immigrants, provide automatic citizenship to foreignborn children of U.S. citizen members of the Armed Forces or government employees, impose medical screenings and standards of care for aliens in CBP custody, create a border ombudsman, authorize CBP to engage in certain counterterrorist activities, and prevent entry of aliens seeking to interfere in U.S. elections. To date, none of these proposals have been enacted. Jill H. Wilson, Analyst in Immigration Policy William A. Kandel, Analyst in Immigration Policy https://crsreports.congress.gov Immigration IF10520 Disclaimer This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material. https://crsreports.congress.gov | IF10520 · VERSION 45 · UPDATED