U.S. Immigration Policy:
Chart Book of Key Trends
Ruth Ellen Wasem
Specialist in Immigration Policy
March 7, 2013
Congressional Research Service
7-5700
www.crs.gov
R42988
CRS Report for Congress
Pr
epared for Members and Committees of Congress
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

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 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.
• Immigration over the last few decades of the 20th 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.
• The number of foreign-born residents in the United States is at its highest level in
U.S. history, reaching 40 million in 2010.
• Foreign-born residents of the United States made up 12.9% of the U.S.
population in 2010, approaching levels not seen since the proportion of foreign-
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 FY2011, 1.1 million aliens became U.S. legal permanent residents (LPRs). Of
this total, nearly 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 4.4 million approved petitions pending at the close of FY2012 were
family members of U.S. citizens.
• After falling from 7.6 million in FY2001 to 5.0 million in FY2004, temporary
visa issuances reached 7.5 million in FY2011.
• 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 in FY2010 and FY2011.
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
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

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.
• The number of employers enrolled in the E-Verify employment eligibility
verification system grew from 5,900 at the close of FY2005 to 418,000 by the
end of FY2012. These data indicate that approximately 7% of U.S. employers
were participating by the close of FY2012.
• A total of $10.5 million in administrative fines was imposed on employers who
engaged in unlawful employment in FY2011—a figure that exceeds the level of
total fines imposed over the entire period from FY2000 through FY2009.
• Formal removals grew from 30,039 in 1990 to 391,953 in FY2011.
• Immigration and Customs Enforcement (ICE) identifies many more potentially
removable aliens than it arrests (i.e., places in removal proceedings).
• The number of criminal aliens removed from the United States increased from
73,298 in FY2001 to 188,382 in FY2011.
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) indicate that the unauthorized resident alien population
rose from 3.2 million in 1986 to 12.4 million in 2007, before leveling off at 11.1
million in 2011.
• The latest estimates indicated that 33% of the 11.5 million unauthorized resident
aliens in 2011 had entered from 2000 to 2010.
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
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Contents
Introduction ...................................................................................................................................... 1
Historical Immigration Trends ......................................................................................................... 2
Legal Permanent Immigration ......................................................................................................... 5
Legal Temporary Migration ............................................................................................................. 7
Inadmissibility ............................................................................................................................... 10
Border Security .............................................................................................................................. 12
Employment Eligibility Verification .............................................................................................. 13
Worksite Enforcement ................................................................................................................... 14
Alien Removals ............................................................................................................................. 15
Criminal Aliens .............................................................................................................................. 16
Unauthorized Resident Aliens ....................................................................................................... 18

Figures
Figure 1. Annual LPR Admissions and Status Adjustments, 1900-2010 ......................................... 2
Figure 2. Top Sending Countries (Comprising at Least Half of All LPRs): Selected
Periods .......................................................................................................................................... 3
Figure 3. Foreign-Born Residents by Region of Origin: ................................................................. 4
Figure 4. Legal Permanent Residents Admitted/Adjusted by Category .......................................... 5
Figure 5. Approved LPR Visa Petitions Pending in FY2012 by Date of Submission and
by Preference Category................................................................................................................. 6
Figure 6. Nonimmigrant Visas Issued by the U.S. Department of State .......................................... 7
Figure 7. Temporary Employment-Based Visas Issued ................................................................... 8
Figure 8. Nonimmigrant Admissions at U.S. Ports of Entry ........................................................... 9
Figure 9. Aliens Denied Visas Under §212(a) Inadmissibility ...................................................... 10
Figure 10. Inadmissible Aliens at Ports of Entry ........................................................................... 11
Figure 11. U.S. Border Patrol Apprehensions ................................................................................ 12
Figure 12. Employers Enrolled in E-Verify and Number of Cases Submitted .............................. 13
Figure 13. Administrative (Civil) Charges and Fines under INA §274A ...................................... 14
Figure 14. Twenty-Two Year Trends in Alien Removals ............................................................... 15
Figure 15. Interior Immigration Enforcement Targeting Criminal Aliens ..................................... 16
Figure 16. Criminal Aliens Formally Removed from the United States, 1981-2011 ..................... 17
Figure 17. Estimated Number of Unauthorized Resident Aliens, 1986-2011 ................................ 18

Congressional Research Service
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Contacts
Author Contact Information........................................................................................................... 19
Key Policy Staff ............................................................................................................................. 19

Congressional Research Service
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

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 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. 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.
Much of the data come from administrative sources, most notably 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
Legal immigration encompasses permanent admissions (e.g., employment-based or family-based
legal permanent residents (LPRs)) 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 2011. 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 trends in the unauthorized resident alien population
since 1986.

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.
Congressional Research Service
1
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Historical Immigration Trends
Figure 1. Annual LPR Admissions and Status Adjustments, 1900-2010

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, as Figure 1
illustrates. 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
INA further specifies that countries are held 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 20th century.
For further background and analysis, see CRS Report R42866, Permanent Legal Immigration to
the United States: Policy Overview.
Congressional Research Service
2
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Figure 2. Top Sending Countries (Comprising at Least Half of All LPRs):
Selected Periods

Source: CRS analysis of Table 2, Statistical Yearbook of Immigration, U.S. Department of Homeland Security,
Office of Immigration Statistics, FY2010.
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 per-
country ceilings.
Figure 2 illustrates that immigration over the last few decades of the 20th 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 20th century (e.g., Germany, Italy,
Austria-Hungary, and the United Kingdom), Mexico has been a top sending country for most of
the 20th century—largely after 1970—and into the 21st century. Other top sending countries from
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 20th century, immigrants from seven to eight countries
comprised about half of all LPRs, and this pattern has continued into the 21st century.
For further background and analysis, see CRS Report R42866, Permanent Legal Immigration to
the United States: Policy Overview.
Congressional Research Service
3
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Figure 3. Foreign-Born Residents by Region of Origin:
1960, 1970, 1980, 1990, 2000, and 2010

Source: U.S. Census Bureau data: decennial census 1960, 1970, 1980, 1990, and 2000, and the American
Community Survey for 2010.
The 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 40 million in 2010, a 313% increase, as Figure 3 illustrates. As part
of this increase, the source regions of foreign-born residents have shifted from Europe (74% in
1960) to Latin America and Asia (81% in 2010). Foreign-born residents made up 12.9% of the
U.S. population in 2010.
More recently, between 2000 and 2010, the foreign born contributed 32% 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 13.1 million foreign-born residents were LPRs as of January 1, 2011. OIS has also estimated
that 1.9 million foreign-residents were legally present on long-term temporary visas and about
11.5 million were aliens residing in the United States without legal authorization. In the 2010
U.S. Census, about 18 million foreign-born residents stated they had become U.S. citizens,
slightly higher than the number of naturalizations OIS has estimated.
For further background and analysis, see CRS Report R41592, The U.S. Foreign-Born
Population: Trends and Selected Characteristics.
Congressional Research Service
4
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Legal Permanent Immigration
Figure 4. Legal Permanent Residents Admitted/Adjusted by Category
1986-2011

Source: U.S. Department of Homeland Security, Office of Immigration Statistics, U.S. Legal Permanent Residents:
2011. 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, the
protection of refugees, and diversity of admissions by country of origin. Apart from those aliens
legalized by IRCA, the largest growth since 1986 has been in the immediate relatives of U.S.
citizens, doubling from 223,468 in FY1986 to 453,158 in FY2011, as presented in Figure 4.
As prescribed by changes in statute that
the Immigration Amendments Act of
1990 made, the number of employment-
based immigrants grew from 56,617 in
FY1986 to 139,339 in FY2011. About
90% of the employment-based LPRs
adjusted from a temporary status. The
employment-based numbers include the
accompanying spouses and children of
the qualifying LPR.
In FY2011, 1.1 million aliens became
LPRs. Of this total presented on the right,
nearly 65% entered on the basis of family
ties. Other major categories were
employment-based LPRs (13%), diversity migrants (5%), and refugees and asylees (16%).
For further background and analysis, see CRS Report R42866, Permanent Legal Immigration to
the United States: Policy Overview.
Congressional Research Service
5
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Figure 5. Approved LPR Visa Petitions Pending in FY2012 by Date of Submission and
by Preference Category

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, 2012.
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 5 presents a snapshot of this
pool in November 1, 2012. Almost 1.3 million of the 4.4 million approved visa petitions pending
at the end of FY2012 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 maintain that many petitions filed after FY2007 had not yet appeared in the
approved caseload at the close of FY2012, despite a slight uptick in FY2009. The decline in
approved cases pending after FY2007 was likely due to petitioners who had not advanced in the
pipeline because their visa priority dates are well into the future, rather than a drop in petitioners.
Over half (55%) of the 4.4 million
approved petitions pending at the close of
FY2012 were brothers and sisters of U.S.
citizens, as presented on the right. Adult
children of U.S. citizens with approved
LPR visas pending totaled 24% (6%
unmarried and 18% married). Family
members of LPRs totaled 18% of the
approved visa petitions pending. The
employment preferences account for only
3% (113,058) of the 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 Employment-Based Immigration: Analysis of the Per-Country Ceilings.
Congressional Research Service
6
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Legal Temporary Migration
Figure 6. Nonimmigrant Visas Issued by the U.S. Department of State
1987-2011

Source: CRS presentation of data from Table XVIII of 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, 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 §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 6 shows. Nonimmigrant visa issuances
reached 7.5 million in FY2011. Expansion of the visa waiver program (VWP), which allows
nationals from 36 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.
For further background and analysis, see CRS Report RL31381, U.S. Immigration Policy on
Temporary Admissions; and CRS Report RL32221, Visa Waiver Program.
Congressional Research Service
7
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Figure 7. Temporary Employment-Based Visas Issued
1994-2011

Source: U.S. Department of State Bureau of Consular Affairs data.
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 (H-
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 7 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
there was another dip during the recent recession, the employment-based temporary visas have
increased in FY2010 and in FY2011.
For further background and analysis, see CRS Report R42530, Immigration of Foreign Nationals
with Science, Technology, Engineering, and Mathematics (STEM) Degrees ; and CRS Report
R42434, Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues.
Congressional Research Service
8
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Figure 8. Nonimmigrant Admissions at U.S. Ports of Entry
2003-2011

Source: Yearbook of Immigration Statistics: 2011, Table 25, U.S. Department of Homeland Security, Office of
Immigration Statistics, 2012.
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 I-
94 admission totals. I-94 data presented in Figure 8 recorded admissions rather than persons.
I-94 admissions have generally inched upwards from FY2003 to FY2011, largely due to CBP’s
expanded use of I-94 forms at land ports in FY2005. The total nonimmigrant admissions recorded
by CBP has declined somewhat over this same period. In FY2011, the 18.3 million visitors
entering under the VWP constituted 40% of all temporary visitors.
Visitors dominated the 53.1 million I-94
admissions in FY2011, as presented on the
right. Over three-quarters of all I-94
admissions were tourists in FY2011 and
another 11% were business visitors. The other
substantial categories are the students and
exchange visitors (4%) and the temporary
workers (6%).
For further background and analysis, see CRS
Report RL31381, U.S. Immigration Policy on
Temporary Admissions; and CRS Report
RL32221, Visa Waiver Program.
Congressional Research Service
9
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Inadmissibility
Figure 9. Aliens Denied Visas Under §212(a) Inadmissibility
1994-2011

Source: CRS presentation of initial determination data from Table XX of the annual reports of the U.S.
Department of State Office of Visa Statistics.
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 §212(a). These
§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.
As Figure 9 shows, §212(a) denials for LPR visas have increased in recent years. Until FY2003-
FY2005, public charge exclusions dominated the 18-year trend analysis of inadmissibility for
LPRs. Now, prior removals/illegal presence has become the top single ground of inadmissibility,
followed by labor certification, as presented on the right. Increased §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.
For further background and analysis, see CRS Report R41104, Immigration Visa Issuances and
Grounds for Exclusion: Policy and Trends.
Congressional Research Service
10
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Figure 10. Inadmissible Aliens at Ports of Entry
2005-2011

Source: Yearbook of Immigration Statistics: 2011, Table 36, U.S. Department of Homeland Security, Office of
Immigration Statistics, 2012.
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
judges with the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR)
decide all other inadmissibility cases resulting from inspections.
As Figure 10 shows, the number of inadmissible aliens at ports of entry has not fluctuated greatly
over the seven-year period for which data are available. Published reports of the DHS Office of
Immigration Statistics indicate that CBP recorded 212,234 foreign nationals arriving at a port of
entry who were inadmissible in FY2011. In FY2011, CBP processed 51% of all inadmissible
aliens at land ports, followed by 31% at sea ports, and 18% at airports.
According to the DHS Office of Immigration Statistics, Mexican nationals accounted for 32% of
inadmissible aliens, followed by persons from Canada (15%), the Philippines (12%), and China
(8%). These four countries accounted for two-thirds of all aliens whom CBP deemed inadmissible
in FY2011.
For further background and analysis, see CRS Report R41104, Immigration Visa Issuances and
Grounds for Exclusion: Policy and Trends.
Congressional Research Service
11
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Border Security
Figure 11. U.S. Border Patrol Apprehensions
1975-2011

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 Patrol apprehensions of foreign nationals between ports of entry have fallen to a 40-year
low, as Figure 11 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 September 30, 2011, the Border Patrol had 21,444 agents, up from a total of 2,268
Border Patrol agents in 1980.
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 327,577 in FY2011.
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
high-consequence enforcement (i.e., criminal charges, formal removal, lateral repatriation, or
interior repatriation) has increased in recent years, reaching 98% (321,891 out of 327,577) in
FY2011.
For further background and analysis, see CRS Report R42138, Border Security: Immigration
Enforcement Between Ports of Entry.
Congressional Research Service
12
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Employment Eligibility Verification
Figure 12. Employers Enrolled in E-Verify and Number of Cases Submitted
FY2001 to FY2012

Source: CRS presentation of data from U.S. Citizenship and Immigration Services.
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’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, E-
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
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 418,000 by the end of FY2012. These data indicate that approximately 7% of U.S. employers
were participating by the close of FY2012. Figure 12 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 20.2 million in FY2012.
For further background and analysis, see CRS Report R40446, Electronic Employment Eligibility
Verification.
Congressional Research Service
13
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Worksite Enforcement
Figure 13. Administrative (Civil) Charges and Fines under INA §274A

Source: Data provided to CRS by ICE, May 2012.
Under INA §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 emphasized
targeting criminal aliens and employers who
cultivate illegal workplaces. According to
data provided by ICE, 385 employers were subject to civil penalties in FY2011, up from zero in
FY2006, as depicted in Figure 13. A total of $10.5 million in administrative fines were imposed
in FY2011—a figure that exceeds the level of total fines imposed over the entire period from
FY2000 through FY2009. 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, as presented on the right.
For further background and analysis, see CRS Report R40002, Immigration-Related Worksite
Enforcement: Performance Measures.
Congressional Research Service
14
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Alien Removals
Figure 14. Twenty-Two Year Trends in Alien Removals
1990-2011

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.
The specific grounds for which foreign nationals are removed from the United States are found in
INA §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, high-
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 1990 to 391,953 in FY2011. Since FY2001, formal
removals have increased by over 100%. The trends for direct returns at the border and voluntary
departures (i.e., permitting aliens to leave the United States on their own recognizance and at their
own expense) within the interior in Figure 14 resemble that of Border Patrol apprehensions over
the same period, as depicted in Figure 11. As Figure 14 presents, the ratio of voluntary
departures to formal removals has gone from 34:1 in FY1990 to almost 1:1 in FY2011.
For further background and analysis, see CRS Report R42138, Border Security: Immigration
Enforcement Between Ports of Entry.
Congressional Research Service
15
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Criminal Aliens
Figure 15. 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) manages four interior immigration
enforcement programs targeting criminal aliens, all of which have grown in recent years. 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. It has maintained comparable levels in subsequent years, as shown in Figure 15.
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
348,970 enforcement actions in FY2011. ICE identifies many more potentially removable aliens
than it arrests.
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 33,180 in FY2011, 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 39,466 in FY2011.
Congressional Research Service
16
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

For further background and analysis, see CRS Report R42057, Interior Immigration
Enforcement: Programs Targeting Criminal Aliens.
Figure 16. Criminal Aliens Formally Removed from the United States, 1981-2011
Total Criminal Aliens Removed and Percentage of all Removals

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.
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.
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 16, the
number of criminal aliens removed from the United States has gone from 73,298 in FY2001 to
188,382 in FY2011. This change is a 157% increase in the removal of criminal aliens over the
past decade. As a percentage of all removals, criminal aliens accounted for 48% in FY2011.
For further background and analysis, see CRS Report R42057, Interior Immigration
Enforcement: Programs Targeting Criminal Aliens; and CRS Report RL32480, Immigration
Consequences of Criminal Activity.
Congressional Research Service
17
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Unauthorized Resident Aliens
Figure 17. Estimated Number of Unauthorized Resident Aliens, 1986-2011

Source: CRS presentation of analyses of U.S. Census Bureau and CPS data conducted by Karen Woodrow and
Jeffrey Passel (1986 and 1990); Robert Warren (1996, 2000, and 2003); Jeffrey Passel, Randy Capps, and Michael
Fix (2002); Passel and D'Vera Cohn (2008, 2010, 2011, 2012); Michael Hoefer, Nancy Rytina, and Bryan Baker
(2009, 2010, 2011, 2012).
Note: 2010* indicates that Hoefer, Rytina, and Baker revised their 2010 estimate based upon the American
Community Survey after data from the 2010 Census of Population was released.
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 from the March Supplement of the U.S. Census Bureau’s Current Population
Survey (CPS) indicate that the unauthorized resident alien population (commonly referred to as
illegal aliens) rose from 3.2 million in 1986 to 12.4 million in 2007, before leveling off at 11.1
million in 2011 (Figure 17). Using the American Community Survey, DHS Office of
Immigration Statistics (OIS) demographers Michael Hoefer, Nancy Rytina, and Bryan Baker
estimated there were 11.5 million unauthorized aliens in 2011. The most recent OIS report
estimated that 33% of the 11.5 million had entered from 2000 to 2010, a smaller proportion than
the OIS estimate of 35% of unauthorized aliens in 2007 who had entered the United States from
2000 to 2006. 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 number of unauthorized aliens residing in the United States remains sizeable.
For further background and analysis, see CRS Report RL33874, Unauthorized Aliens Residing in
the United States: Estimates Since 1986.
Congressional Research Service
18
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---

U.S. Immigration Policy: Chart Book of Key Trends

Author Contact Information
Ruth Ellen Wasem
Specialist in Immigration Policy
rwasem@crs.loc.gov, 7-7342

Key Policy Staff

Area of Expertise
Name
Phone
E-mail
Border security, interior enforcement, Marc Rosenblum
7-7360
mrosenblum@crs.loc.gov
criminal aliens
Employment eligibility verification,
Andorra Bruno
7-7865
abruno@crs.loc.gov
legalization, guest workers, and
worksite enforcement
Interior enforcement, detention and
Alison Siskin
7-0260
asiskin@crs.loc.gov
removal, Visa Waiver Program,
investors
Legal immigration, family-based,
William Kandel
7-4703
wkandel@crs.loc.gov
naturalization, and integration
Legal immigration, employment-based,
Ruth Ellen Wasem
7-7342
rwasem@crs.loc.gov
inadmissibility, document integrity and
fraud, visa policy
Legislative Attorney (immigration
Michael Garcia
7-3873
mgarcia@crs.loc.gov
enforcement issues)
Legislative Attorney (legal immigration
Margaret Lee
7-2579
mmlee@crs.loc.gov
and citizenship issues)
Legislative Attorney (immigration
Kate Manuel
7-4477
kmanuel@crs.loc.gov
enforcement issues)


Congressional Research Service
19
AILA InfoNet Doc. No. 13031942. (Posted 3/19/13)

---