Updated December 14, 2018
Immigration
Immigration is a broad, multifaceted policy issue that
persecution on a protected ground (e.g., race or religion).
involves temporarily or permanently admitting foreign
Aliens admitted as immigrants or refugees may apply to
nationals (aliens) into the United States and enforcing
become U.S. citizens through a process known as
immigration laws. It is a perennial topic of congressional
naturalization, typically after five years of U.S. residence.
oversight and legislation. In recent years, the executive
branch has taken the lead in implementing numerous policy
In FY2017, roughly 1.1 million aliens became LPRs,
initiatives, relying on discretionary authority conferred by
including 749,000 through family-sponsored pathways,
statute.
138,000 through employment-sponsored pathways, 52,000
through the Diversity Immigrant Visa, 146,000 through the
During the 115th Congress, the Trump Administration has
refugee and asylum programs, and 43,000 through other
pursued various immigration policies through executive
specialized categories. Congress has debated whether and
branch action, including the imposition of entry restrictions
how to restructure the current family- and employment-
known as the “travel ban,” the termination of the Deferred
sponsored admissions provisions to reflect U.S. needs and
Action for Childhood Arrivals (DACA) initiative, and the
interests. President Trump capped FY2017 refugee
“zero tolerance” policy regarding illegal border crossing.
admissions at 50,000 in the “travel ban” executive orders
Courts have blocked some of these actions. For other
after the Obama Administration had set the original cap for
proposals, such as constructing a border wall and restricting
that year at 110,000.
family-based immigration, the Administration has sought
congressional action.
Temporary Admissions. The INA also provides for the
admission of nonimmigrants for specific periods of time
U.S. immigration law is concerned with aliens, a term defined by
and purposes. In FY2017, there were more than 181 million
the Immigration and Nationality Act to mean persons who are
nonimmigrant admissions, most of which were for local
not U.S. citizens or U.S. nationals (e.g., persons born in American
border crossing activity, tourism, and business travel. A
Samoa). Aliens are also referred to as noncitizens or foreign
temporary admission, in itself, generally does not provide a
nationals.
pathway to U.S. citizenship.
Overview of Key Issues
Nonimmigrants also include guest workers on H-1 and H-2
visas, whose admission to the United States is subject to
U.S. immigration policy can be divided into three broad
various restrictions intended to minimize their impact on
areas, involving (1) the permanent or temporary admission
the domestic labor market. An ongoing debate centers on
or entry of aliens into the United States; (2) the enforcement
whether and how admitting temporary workers affects U.S.
of laws governing aliens’ entry, presence, and employment
workers, as well as whether the INA should be amended to
in the United States; and (3) noncitizens’ eligibility for
limit such effects.
federal, state, and local government programs and benefits.
Screening of Applicants for Admission. Aliens seeking
Admission or Entry of Aliens to the United States
admission to the United States as immigrants or
The Immigration and Nationality Act (INA) provides for
nonimmigrants are screened both outside the United States,
the admission or other entry of aliens to the United States.
typically while applying for visas, and at a U.S. port of
Some aliens are admitted “permanently,” through family- or
entry when they seek admission. As part of the screening,
employment-sponsored immigrant visas, or as refugees, and
aliens must establish their identity, meet eligibility
they receive “green cards” or lawful permanent resident
requirements for their admission category, and not be
(LPR) status. Others are admitted temporarily for specific
inadmissible on INA grounds pertaining to health, criminal,
purpose through nonimmigrant visas (e.g., tourists,
security, terrorism, or other grounds.
students, or temporary workers).
Aliens from certain countries, including those participating
Permanent Admissions. Four major principles underlie
in the Visa Waiver Program (VWP), may temporarily travel
U.S. policy on permanent immigration: (1) reunifying
to the United States without a visa. However, VWP
families, (2) admitting immigrants with needed skills, (3)
travelers and other visa-free travelers are subject to
diversifying immigrant flows by country of origin, and (4)
background checks and screening before and upon U.S.
providing humanitarian refuge. The first three principles
arrival. In FY2017, more than 22 million U.S. admissions
form the basis for the INA’s complex set of numerical
occurred through the VWP program.
limits and preference categories for permanent immigration.
In contrast, the INA gives the President discretion, in
Enforcement of the Immigration Laws
consultation with Congress, to determine annually the
The INA also prescribes a range of penalties and other
number of refugees admitted to the United States. Refugees
consequences for aliens and, in some cases, other persons
are persons displaced from their home countries because of
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Immigration
who run afoul of the INA’s restrictions on the admission or
Aliens’ Eligibility for Government Programs
entry of aliens; the conditions of aliens’ continued presence
Federal laws restrict aliens’ eligibility for federal means-
in the United States; the employment of aliens; and other
tested public benefits, like Medicaid, although there are
matters. Initiatives to enforce these laws fall into two main
certain exceptions (e.g., LPRs with substantial U.S. work
categories: border security and interior enforcement.
history). Restrictions also apply to aliens’ eligibility for
other federal, state, and local public benefits, which include
Border Security. Border security involves securing the
retirement, welfare, and a range of government programs.
means by which people and goods enter the country.
DHS recently proposed new regulations that would make it
Operationally, this requires controlling the official ports of
more difficult for aliens to obtain LPR status if they use or
entry through which legitimate travelers and commerce
are likely to use welfare, non-emergency Medicaid, the
enter the United States, and patrolling the nation’s land and
Supplemental Nutrition Assistance Program (SNAP), or
maritime borders to interdict illegal entries. Federal law
certain other federal public benefits.
gives the Department of Homeland Security (DHS) broad
authority to deploy physical barriers along U.S. borders and
Recent Congressional Action
to waive the application of various laws that impede their
Although the 115th Congress has not enacted immigration
construction. The Trump Administration has sought and
laws considered major or comprehensive, the House and the
may continue to seek appropriations to construct a singular
Senate did enact several discrete immigration-related
physical barrier known as the “wall” along most or all of
measures, including legislation to facilitate more expedient
the southern border between Mexico and the United States.
business travel between Asian countries and the United
States, increase the number of temporary nonagricultural
In FY2017, DHS’s Customs and Border Protection (CBP)
workers, and provide additional immigrant visas for foreign
apprehended 303,916 aliens illegally crossing the southern
nationals assisting the U.S. military overseas.
border and 6,615 aliens illegally crossing the northern and
U.S. coastal borders. Many of those apprehended at the
The 115th Congress also considered legislative proposals
southern border migrated from El Salvador, Guatemala, and
centering on several prominent immigration issues. These
Honduras, including many families and unaccompanied
included granting LPR status to unlawfully present aliens
children. The INA and other legal authorities limit the
brought to the United States as children (current
detention of family units and unaccompanied children who
beneficiaries of the DACA program); bolstering border
have been apprehended while illegally entering the United
security, including appropriating funds for President
States. In 2018, the Trump Administration briefly pursued a
Trump’s proposed border “wall”; altering or terminating the
“zero-tolerance” policy of criminally prosecuting all illegal
Diversity Immigrant Visa and possibly allocating some or
entrants, which resulted in the separation of children from
all of its visas to other permanent immigration pathways;
their parents for more than 2,600 families who illegally
revising and, in most cases, reducing family-based
crossed the southern border; the President ended the policy
permanent immigration; replacing the existing
by executive order.
employment-sponsored immigration system with an
entirely merit-based approach; and replacing LPR status for
Interior Enforcement. Interior enforcement refers to
parents of U.S. citizens with a new five-year renewable
immigration law enforcement within the U.S. interior. For
nonimmigrant visa. While many of these initiatives saw
instance, worksite enforcement applies to aliens not
congressional action, none have been enacted into law.
authorized to work in the United States. Another interior
enforcement responsibility involves removing aliens who
Potential Action in the 116th Congress
illegally entered or remained in the United States.
With the change in majority of the House, the focus of
Depending upon circumstances, aliens may be detained
congressional action on immigration is expected to shift.
pending their removal. In FY2017, DHS’s Immigration and
Legislation in the 116th Congress may include permanent
Customs Enforcement (ICE), the primary agency tasked
immigration relief for DACA beneficiaries and foreign
with interior enforcement, removed 81,603 individuals
nationals with Temporary Protected Status (TPS). Some
arrested for violating immigration or criminal laws.
Members may also seek to act as a check against the Trump
Administration’s concerted focus on immigration
An estimated 11 million unauthorized aliens reside in the
enforcement, including a reassessment of border wall
United States, raising a number of policy questions. Many
funding, a review of ICE’s priorities for removing foreign
live in “mixed-status” households with U.S. citizen children
nationals, and possible investigations into certain
and spouses. Some observers favor creating a pathway to
enforcement programs such as the “zero tolerance” policy
citizenship for at least some unauthorized aliens, while
and the resulting family separations. However, priorities for
others support their removal. Questions also have been
immigration policy legislation may differ in the Senate,
raised about which aliens should be priorities for removal,
where the majority from the previous Congress has
the adequacy of financial and other resources devoted to
increased.
removal, whether removal should be expedited, how
expedited processes could affect aliens’ rights, and how to
William A. Kandel, Coordinator, Analyst in Immigration
deal with “recalcitrant” countries that do not fully cooperate
Policy
in the repatriation of their citizens and nationals.
Jill H. Wilson, Analyst in Immigration Policy
IF10520
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Immigration


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https://crsreports.congress.gov | IF10520 · VERSION 4 · UPDATED

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