Immigration Legislation and Issues in the 107th Congress

Immigration Legislation and Issues in the 107th Congress

Order Code IB10103
Issue Brief for Congress
Received through the CRS Web
Immigration Legislation and
Issues in the 107th Congress
Updated October 30, 2002
Andorra Bruno, Coordinator, and
Ruth Ellen Wasem, Lisa Seghetti, Alison Siskin, and Karma Ester
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Introduction
INS Reorganization
Admissions Policy
Visa Issuance
Visa Waiver Program
Noncitizen Eligibility for Public Benefits
Food Stamps
Temporary Assistance for Needy Families
Medicaid/SCHIP
Legal Permanent Residence for Unauthorized Aliens
Foreign Agricultural Worker Adjustment
Adjustment of Alien Students
Section 245(i)
Temporary Guest Worker Programs
Possible U.S.-Mexico Guest Worker Program
H-2A Agricultural Workers
H-1C Nurses
Border Security
Nonimmigrant Registration and Tracking
Foreign Students
Border Commuter Students
Other Legislation and Issues
Refugees
Resettlement Funding
Legal Immigration and Sponsorship
Child-Related Legislation
Criminal Aliens
Other Legislation Receiving Action
S Visa for Criminal and Terrorist Informants
Work Authorization for Certain Nonimmigrant Spouses
Employment Eligibility Verification Pilot Programs
Irish Peace Process Program
Waivers for Nonimmigrant Physicians
State Criminal Alien Assistance Program (SCAAP)
DOJ Authorization Act Provisions
Asylum Program for Certain Middle Eastern Nationals
Driver’s Licenses Issued to Nonimmigrants
Other Pending Bills
LEGISLATION

IB10103
10-30-02
Immigration Legislation and Issues in the 107th Congress
SUMMARY
Top immigration issues before the 107th
classes of LPRs. H.R. 4737 would reauthorize
Congress include the reorganization of the
Temporary Assistance for Needy Families.
Immigration and Naturalization Service (INS),
The House-passed version would not change
a part of the Department of Justice (DOJ);
the eligibility rules for noncitizens. The
admissions policy; and the eligibility of non-
substitute version of H.R. 4737 reported by
citizens for public assistance. Also pending
the Senate Finance Committee, however,
are measures to enable unauthorized aliens to
would give states the option to use TANF
become legal permanent residents (LPRs) and
funds to assist all LPRs. The reauthorization
to reform temporary guest worker programs.
of the Medicaid program is the subject of
separate legislation.
On July 26, 2002, the House passed a bill
to create a new homeland security department
The 107th Congress also has considered
(H.R. 5005). Under the bill, INS’s enforce-
legislation (H.R. 1885) to enable certain
ment functions would be transferred to the
unauthorized aliens in the United States to
new department, while INS’s service func-
adjust to LPR status. This legislation would
tions would remain in DOJ in a new bureau.
extend a provision of the Immigration and
In September and early October, the Senate
Nationality Act — §245(i) — that currently
considered, but did not vote on, H.R. 5005.
covers illegal aliens whose sponsors filed
Amendments proposed in the Senate would
petitions or applications on their behalf by
create a directorate of immigration affairs
April 30, 2001. H.R. 1885 has been passed in
within the new department with responsibility
different forms by the House and Senate.
for immigration service and enforcement
Other pending bills would establish mecha-
functions. The Administration has proposed
nisms to allow particular groups of unautho-
transferring all of INS to a new homeland
rized aliens — such as agricultural workers
security department under a border and trans-
and students — to become LPRs.
portation security division.
Temporary guest worker programs are
Admissions policy, particularly respon-
also the subject of pending bills. Among
sibility for issuing visas, is a key issue in
these bills are measures that would make
discussions about establishing a homeland
significant changes to the H-2A program for
security department. The State Department
foreign agricultural workers and the H-1C
currently has authority over visa issuances.
program for foreign nurses.
Under H.R. 5005, as passed by the House, and
the Lieberman substitute amendment to H.R.
Congress has enacted various pieces of
5005, the homeland security department and
immigration-related legislation to date. In
the State Department would each have some
addition to the farm bill mentioned above, the
responsibilities for visa issuances.
most significant of these measures address
immigration-related counterterrorism and
Congress is addressing noncitizen eligi-
security issues. Both the USA PATRIOT Act
bility for public assistance in the context of
(P.L. 107-56) and the Enhanced Border Secu-
bills to reauthorize federal public benefit
rity and Visa Entry Reform Act (P.L. 107-173)
programs. The “farm bill” (P.L. 107-171)
contain provisions on border security, admis-
expands eligibility for food stamps for certain
sions policy, and foreign students.
Congressional Research Service ˜ The Library of Congress

IB10103
10-30-02
MOST RECENT DEVELOPMENTS
In September and October 2002, the Senate considered the “Homeland Security Act of
2002" (H.R. 5005), but did not vote on the measure. The House passed H.R. 5005 on July
26, 2002. In addition, the Department of Justice Authorization bill (H.R. 2215), which
contains a number of immigration provisions, has been passed by the House and Senate and
presented to the President.
BACKGROUND AND ANALYSIS
Introduction
The basic U.S. law regulating immigration, the Immigration and Nationality Act (INA),
was enacted in 1952 and has been amended since then. The last major overhaul of the INA
occurred in 1996 with the passage of the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA; Division C of P.L. 104-208). The Immigration and
Naturalization Service (INS) of the Department of Justice (DOJ) administers and enforces
the INA. (For a basic introduction to immigration, see CRS Report RS20916, Immigration
and Naturalization Fundamentals.)
In the aftermath of the September 11, 2001 terrorist attacks, congressional interest in
immigration was focused primarily on security-related issues, such as border security,
admissions policy, and the tracking of foreign nationals in the United States. Major
legislation was enacted in these areas. While security-related issues remain on the agenda
and have gained renewed prominence with the Administration’s proposal to establish a
homeland security department, the 107th Congress is also considering other immigration
issues. Top immigration-related issues currently before Congress are the reorganization of
INS, admissions policy, and noncitizen eligibility for federal benefits. These issues are
discussed, in turn, in the initial sections of this report. These discussions are followed by
coverage of various proposed mechanisms for unauthorized aliens to obtain legal permanent
resident (LPR) status and other immigration issues of significant congressional interest. (The
“Legislation” section at the end of the report lists enacted legislation and selected bills
receiving action.)
INS Reorganization
INS is the primary agency charged with enforcing U.S. immigration law. Under its
current organizational structure, INS has struggled with carrying out its many tasks. The
underlying theme of most of the criticism hinges on what many believe are overlapping and
unclear chains of command with respect to INS’s two core functions: facilitating legal
immigration (service) and stemming illegal immigration (enforcement). There appears to
be a consensus among the Bush Administration, Congress, and commentators that the
immigration system, primarily INS, is in need of restructuring.
CRS-1

IB10103
10-30-02
The Administration has made several proposals to restructure INS. The most recent
one would transfer INS, along with other agencies and units, to a new cabinet-level homeland
security department. The goal of this proposal is to consolidate into a single federal agency
many of the homeland security functions currently performed by various federal agencies and
departments. To this end, the Administration would place all INS functions under the border
and transportation security division of the proposed department.
On July 26, 2002, the House passed the “Homeland Security Act of 2002” (H.R. 5005).
As passed, H.R. 5005 would place INS’s enforcement programs in a newly created homeland
security department under a border and transportation security division. It would leave INS’s
service functions in DOJ under a newly created bureau of citizenship and immigration
services. On July 25, 2002, the Senate Governmental Affairs Committee agreed to the
Lieberman amendment, which, in modified form, Senator Joseph Lieberman proposed as an
amendment in the nature of a substitute to H.R. 5005 (S.Amdt. 4471). S.Amdt. 4471 would
transfer all of INS to a newly created homeland security department under a directorate of
immigration affairs.
Senators Phil Gramm and Zell Miller have introduced an amendment to S.Amdt. 4471
(S.Amdt. 4738). Similar to S.Amdt. 4471, the Gramm/Miller amendment would create a
directorate of immigration affairs within a new homeland security department that would be
in charge of immigration service and enforcement functions. Unlike S.Amdt. 4471, however,
this amendment would place border patrol and immigration inspections activities under a
directorate of border and transportation security rather than a directorate of immigration
affairs. The Senate has not voted on H.R. 5005.
Prior to the President’s announcement of the proposal to place INS in a new homeland
security department, the Administration and Congress were each moving forward with plans
to restructure INS by separating the agency’s service and enforcement responsibilities within
DOJ. On April 17, 2002, Attorney General John Ashcroft announced action on his first steps
to reorganize INS along these lines. On April 25, 2002, the House passed H.R. 3231. This
bill would create separate bureaus within DOJ to carry out INS’s immigration service and
enforcement functions, which would report to a new associate attorney general. (See CRS
Report RL31388, Immigration and Naturalization Service: Restructuring Proposals in the
107th Congress; CRS Report RL31560, Homeland Security Proposals: Issues Regarding
Transfer of Immigration Agencies and Functions; and CRS Report RL31584, A Comparative
Analysis of the Immigration Functions in the Major Homeland Security Bills.)
Admissions Policy
The INA spells out a strict set of admissions criteria and exclusion (inadmissibility)
rules for all foreign nationals, whether coming permanently as immigrants (i.e., LPRs) or
temporarily as nonimmigrants. Aliens are inadmissible to the United States based on the
following criteria: security and terrorist concerns; health-related grounds; criminal history;
public charge (e.g., indigence); seeking to work without proper labor certification; illegal
entry and immigration law violations; lack of proper documents; ineligibility for citizenship;
and previous removal.
CRS-2

IB10103
10-30-02
The USA PATRIOT Act (P.L. 107-56) amends the INA’s inadmissibility provisions
to broaden somewhat the terrorism grounds for excluding aliens. The INA already barred
the admission of any alien who has engaged in or incited terrorist activity, is reasonably
believed to be carrying out a terrorist activity, or is a representative or member of a
designated foreign terrorist organization. To this list of inadmissible aliens, the PATRIOT
Act adds representatives of groups that endorse terrorism, prominent individuals who
endorse terrorism, and spouses and children of aliens who are deportable on terrorism
grounds on the basis of activities occurring within the previous 5 years. S. 864, as reported
by the Senate Judiciary Committee, would further broaden the security and terrorism grounds
of inadmissibility to exclude aliens who have participated in the commission of acts of
torture or extrajudicial killings abroad. S. 864 also would make aliens in the United States
removable on these same grounds. H.R. 5013 would expand and recodify the grounds for
inadmissibility in the INA as part of its significant revision of immigration policy. (See CRS
Report RL31381, U.S. Policy on Temporary Admissions.)
Visa Issuance
With the notable exception of foreign visitors entering through the Visa Waiver
Program (discussed below), immigrants and nonimmigrants must obtain visas from
Department of State (DOS) consular officers abroad in order to legally enter the United
States. Aliens applying for visas must satisfy the consular officers that they are not ineligible
for visas under the above grounds of inadmissibility. (Similarly, aliens must satisfy INS
inspectors upon entry to the United States that they are not ineligible for admission under any
of these grounds.) Consular officers must interview all aliens seeking visas to become legal
permanent residents, but have discretion in whether they interview aliens seeking most
nonimmigrant visas. H.R. 5013 would require that consular officers conduct a personal
interview of all aliens seeking visas to the United States.
Provisions in the PATRIOT Act seek to improve the visa issuance process by providing
access to relevant electronic information. These provisions authorize the Attorney General
to share data from domestic criminal record databases with the Secretary of State for the
purpose of adjudicating visa applications. Title III of the Enhanced Border Security and Visa
Entry Reform Act (P.L. 107-173) likewise aims to increase access to electronic information
in the context of visa issuances, while also requiring additional training for consular officers
who issue visas.
There is considerable congressional interest in proposals to transfer visa issuance
functions to a new homeland security department. As introduced, the Administration’s
legislation to establish a homeland security department (H.R. 5005) would bifurcate visa
issuances so that the new department would set the policies and DOS would retain
responsibility for implementation. The details of the division of responsibilities between the
new department and DOS, however, were unclear in H.R. 5005, as introduced. Both H.R.
5005, as passed by the House, and S.Amdt. 4471 to H.R. 5005 contain clarifying language.
Both would give the homeland security department the authority to issue regulations on visa
policy, while continuing to allow DOS consular officers to issue visas. During consideration
of H.R. 5005 in the House, an amendment was offered to move the consular affairs visa
function to the homeland security department, but it failed. (See CRS Report RL31512, Visa
Issuances: Policy, Issues, and Legislation.)
CRS-3

IB10103
10-30-02
Visa Waiver Program
The Visa Waiver Program (VWP) allows nationals from certain countries to enter the
United States for 90 days as temporary visitors for business or pleasure without first
obtaining a visa from a U.S. consulate abroad. By eliminating the visa requirement, this
program facilitates international travel and commerce and eases consular office workloads
abroad, but it also bypasses the first step by which foreign visitors are screened for
admissibility when seeking to enter the United States. Established as a temporary program
in 1986, the VWP was made permanent in 2000 through enactment of P.L. 106-396. The
program includes 28 countries. Due to the recent economic collapse in Argentina and the
increase in the number of Argentine nationals attempting to use the VWP to enter the United
States and remain illegally past the 90-day period of admission, that country was removed
from the VWP in February 2002. Additionally, the PATRIOT Act directs the Secretary of
State each year until 2007 to ascertain that VWP countries have established programs to
develop tamper-resistant passports.
To reduce the likelihood that terrorists will be able to enter the United States under the
VWP, P.L. 107-173 places new requirements on the program. It requires that all VWP
countries implement systems for the timely reporting of stolen passports, especially stolen
blank passports, that all aliens who enter under the VWP are checked against a lookout
system prior to admission to the United States, and that the Attorney General review the
countries in the VWP every 2 years. Several other bills pending in the 107th Congress would
further tighten VWP-related requirements. (See CRS Report RS21205, Immigration: Visa
Waiver Program.)
Noncitizen Eligibility for Public Benefits
Prior to 1996, LPRs were eligible for federal public assistance under terms comparable
to citizens, and states were not permitted to restrict access to federal programs on the basis
of immigration status. The 1996 welfare reform law (P.L. 104-193) instituted a 5-year bar
for most newly entering LPRs and generally allowed the states to bar noncitizens from
Medicaid and Temporary Assistance for Needy Families (TANF), with exceptions for LPRs
with 10 years of work history and for certain humanitarian cases, such as refugees and
asylees. As the result of perceived abuses and budgetary concerns, it also barred most legal
aliens (again excepting LPRs with 10 years of work history and certain humanitarian cases)
from Supplemental Security Income (SSI) and food stamps. As the 107th Congress considers
legislation to reauthorize federal public benefit programs, the crux of the noncitizen
eligibility issue is what classes of LPRs should be eligible for assistance and what types of
assistance should be available to them. (See CRS Electronic Briefing Book, WelfareReform,
page on “Noncitizens,” available at[http://www.congress.gov/brbk/html/ebwlf60.html]; and
CRS Report RL31114, Noncitizen Eligibility for Major Federal Public Assistance
Programs: Policies and Legislation.)
Food Stamps
On May 13, 2002, President Bush signed H.R. 2646, known as the “farm bill,” into law
(P.L. 107-171). P.L. 107-171 contains substantial changes to food stamp eligibility rules for
CRS-4

IB10103
10-30-02
noncitizens, expanding food stamp eligibility to include: all LPR children, regardless of date
of entry (it also ends requirements to deem sponsors’ income and resources to these
children); LPRs receiving government disability payments, as long as they pass any
noncitizen eligibility test established by the disability program (e.g., SSI recipients have to
meet SSI noncitizen requirements in order to get food stamps); and all individuals who have
resided in the United States for 5 or more years as “qualified aliens” — i.e., LPRs,
refugees/asylees, and other non-temporary legal residents (such as Cuban/Haitian entrants).
Temporary Assistance for Needy Families
On May 14, 2002, the House Ways and Means Committee reported a TANF
reauthorization measure, H.R. 4090. In doing so, the Committee rejected proposals to
expand noncitizen eligibility for TANF and change sponsor deeming/repayment
requirements. Provisions of the reported version of H.R. 4090 were subsequently
incorporated into a larger bill, H.R. 4737, which was passed by the House on May 16. When
the Senate Finance Committee marked up its substitute version of H.R. 4737 on June 26,
2002, it included provisions that would give states the option to use TANF funds to assist
all LPRs. The Committee reported H.R. 4737 on July 25, 2002.
Medicaid/SCHIP
Several bills have been introduced (H.R. 1143, H.R. 1528, S. 582, S. 940/H.R. 1990,
and S. 2052) that address Medicaid/SCHIP coverage for noncitizens. These bills generally
would give states the option of extending Medicaid and SCHIP coverage to lower-income
LPRs (to the extent that they are not already covered) and LPR pregnant and postpartum
women and their children. H.R. 4737, as reported by the Senate Finance Committee, would
give states the option to cover pregnant and postpartum LPRs and their children under
Medicaid/SCHIP.
Higher Education Benefits
Section 505 of IIRIRA made unauthorized aliens ineligible for postsecondary education
benefits based on state residence unless equal benefits were made available to all U.S.
citizens regardless of state of residence. Bills before the 107th Congress (H.R. 1563, H.R.
1582, H.R. 1918, and S. 1291) would repeal IIRIRA §505 and, as discussed below, would
enable certain unauthorized alien students to become LPRs. The Senate Judiciary Committee
has reported a revised version of S. 1291. Some of the bills (but not S. 1291, as reported)
also would make alien students who apply for relief under their terms eligible for federal
postsecondary education benefits, such as student financial aid. (See CRS Report RL31365,
Unauthorized Alien Students: Issues and Legislation.)
Legal Permanent Residence for Unauthorized Aliens
According to recent estimates, the unauthorized (illegally present) alien population in
the United States in 2000 totaled about 8.5 million. About half of these illegal residents were
believed to be Mexican nationals. Media reports in 2001 indicated that the Bush
Administration was considering a legalization program for some unauthorized Mexicans
CRS-5

IB10103
10-30-02
who could meet unspecified work and other requirements. Programs that require prospective
legalization beneficiaries to “earn” legal status through work and other contributions have
been termed “earned adjustment” programs. Adjustment refers to the process under
immigration law by which an individual present in the United States is granted LPR status.
If the Administration opts to issue a legalization proposal, it may link such an adjustment
program to a temporary guest worker program. Some observers believe that the adjustment
provisions in pending foreign agricultural worker bills (discussed in the next section) offer
the Administration a prototype for a broader adjustment program. House and Senate
Democrats have expressed support for an earned adjustment program for aliens from all
countries who are “long-time, hard-working residents of good moral character.” H.R. 5600
would establish an earned adjustment program for certain unauthorized alien workers. It
would provide for the adjustment to LPR status of aliens who have resided continuously in
the United States for at least 5 years and worked here for at least 2 years. H.R. 4999 would
make LPR status available to certain unauthorized aliens who entered the United States
before January 1, 2000.
Foreign Agricultural Worker Adjustment
Some pending bills to reform the H-2A temporary agricultural worker program (see
below) would enable certain unauthorized agricultural workers in the United States to
become LPRs through a two-stage process. Under these bills (S. 1161 and S. 1313/H.R.
2736), aliens who had worked in seasonal agriculture for a threshold number of days during
a specified time period would be eligible for temporary resident status. After meeting
additional work requirements in subsequent years, they could apply to adjust to LPR status
outside the existing numerical limits. Although the general adjustment framework in the
three bills is the same, S. 1161 contains more stringent work requirements for temporary and
permanent status than S. 1313/H.R. 2736. (See CRS Report RL30852, Immigration of
Agricultural Guest Workers: Policy, Trends, and Legislative Issues.)
Adjustment of Alien Students
Multiple bills before Congress (H.R. 1563, H.R. 1582, H.R. 1918, H.R. 5600, and S.
1291) would enable certain unauthorized alien students to become LPRs. A revised version
of S. 1291, representing a compromise between S. 1291 as introduced and S. 1265, has been
reported by the Senate Judiciary Committee. To be eligible for LPR status under this bill,
an alien must be at least age 12 on the date of enactment, have resided continuously in the
United States for at least 5 years, and have a high school diploma or equivalent credential,
among other requirements. (Provisions of the bills related to eligibility for higher education
benefits are discussed separately above.) (See CRS Report RL31365, Unauthorized Alien
Students: Issues and Legislation.)
Section 245(i)
Section §245(i) of the INA allows unauthorized aliens who are eligible for an immigrant
visa based on close family ties or work skills to adjust to LPR status in the United States,
provided they pay an additional fee. Prior to the enactment of this provision, they were
required to return to their country of origin to obtain a visa. In its current form, §245(i)
applies only to unauthorized aliens whose sponsoring family members or employers filed
CRS-6

IB10103
10-30-02
visa petitions or labor certification applications on their behalf by April 30, 2001. During
the 107th Congress, the Senate and House have passed similar, but not identical, provisions
to extend §245(i). (The Senate amended and passed H.R. 1885; the House passed H.Res.
365, in which it concurred in the Senate amendment to H.R. 1885 with additional
amendments.) In addition to extending the filing deadline, both the Senate- and House-
passed bills would require beneficiaries of petitions filed after April 30, 2001, to demonstrate
that the underlying family relationship existed before August 15, 2001, or that the labor
certification application was filed before August 15, 2001. (See CRS Report RL31373,
Immigration: Adjustment to Permanent Resident Status Under Section 245(i).)
Temporary Guest Worker Programs
The major nonimmigrant category for temporary alien workers in U.S. immigration law
is the “H” visa, which includes several programs. Unskilled workers may be admitted into
the country through the H-2A program for agricultural workers or the H-2B program for
nonagricultural workers. Skilled workers may be admitted through the H-1B program for
specialty workers or the H-1C program for nurses. (An H-1B-related provision included in
the DOJ Authorization act is discussed below).
Possible U.S.-Mexico Guest Worker Program
The United States and Mexico reportedly have been exploring a new temporary guest
worker program. These discussions lost momentum after September 11, 2001, but have
continued. No details about the type of program under consideration have yet been made
public. Senator Gramm has outlined a preliminary proposal for a U.S.-Mexico guest worker
program that would be open to workers in agriculture, service industries, and other sectors
of the economy. Unauthorized aliens in the United States would be able to participate in the
program, but participation would not lead to LPR status. (The Gramm proposal is available
at [http://www.senate.gov/~gramm/press/guestprogram.html].)
H-2A Agricultural Workers
The H-2A program provides for the temporary admission of foreign agricultural workers
to perform temporary or seasonal work. Pending bills propose significant changes to the H-
2A labor certification process and other aspects of the program. Currently, an employer
wanting to import H-2A workers must first apply for certification that U.S. workers are not
available and that hiring foreign workers will not adversely affect the wages and working
conditions of similarly employed U.S. workers. S. 1161 and S. 1313/H.R. 2736 would
replace this labor certification process with a labor attestation process, which would be
greatly streamlined for jobs covered by collective bargaining agreements. S. 1161 also
would change existing wage requirements. S. 1313/H.R. 2736 would amend the Migrant and
Seasonal Agricultural Worker Protection Act to include H-2A workers and to give all
agricultural workers the right to collective bargaining. In addition, as discussed above, S.
1161 and S. 1313/H.R. 2736 contain provisions to enable foreign agricultural workers in the
United States to become legal permanent residents. (See CRS Report RL30852, Immigration
of Agricultural Guest Workers: Policy, Trends, and Legislative Issues.)
CRS-7

IB10103
10-30-02
H-1C Nurses
The H-1C category was established by a 1999 law (P.L. 106-95) as a short-term solution
for nursing shortages in a limited number of medically underserved areas. P.L. 106-95
allowed for the issuance of 500 nonimmigrant visas to nurses each year for 4 years, with the
proviso that the number of visas issued annually for employment in smaller states could not
exceed 25 and the number issued for employment in larger states could not exceed 50. The
law limited an H-1C nurse’s stay to 3 years. Pending bills propose to reform the H-1C
program in response to concerns that it has not provided adequate relief from nursing
shortages. H.R. 2809 would amend the H-1C admission requirements to increase the total
number of visas available annually to 1,000 and to increase the visa limit for larger states to
150. H.R. 2705 and S. 1259 would make more extensive changes to the H-1C program.
H.R. 2705 would increase the number of visas available annually to 195,000. S. 1259 would
not place any limit on the number of visas available. Both bills would eliminate the state
caps and the requirement that the employer facility be located in a medically underserved
area, extend the maximum stay to 6 years, and make the program permanent.
Border Security
Providing adequate border security has long been a challenge for policy makers, since
doing so must be balanced against other interests, such as facilitating legitimate cross-border
travel and commerce and protecting civil liberties. Congress and the Bush Administration
are reevaluating the level of border security maintained by the United States in light of the
recent attacks on the World Trade Center and the Pentagon. The principal federal agencies
responsible for providing border security through the administration and enforcement of
immigration law are INS, the DOS Bureau of Consular Affairs, and the Department of the
Treasury’s U.S. Customs Service. These agencies maintain “lookout” systems for the
purpose of excluding suspected terrorists.
As a result of the September 11, 2001 attacks and concerns about threats of future
attacks, the 107th Congress has directed its attention to the U.S.-Canada border, which
historically has received fewer resources than the U.S.-Mexico border. The PATRIOT Act
includes provisions to enhance border security at the northern border. It authorizes the
Attorney General to triple the number of INS border patrol personnel and INS inspectors
there, and authorizes $50 million for INS to make technological improvements and acquire
additional equipment for the northern border. P.L. 107-173 also contains major border
security provisions that affect both the northern and southern border. It increases the number
of INS inspectors and support staff and the number of INS investigators and support staff by
200 per group for each fiscal year from FY2003 through FY2006. It authorizes
appropriations for personnel training, for increased resources for INS and Consular Affairs,
and for technology and infrastructure improvements. It also addresses the need for increased
interagency data sharing pertaining to the admissibility and removability of aliens through
the development of an “interoperable electronic data system.”
Other key provisions of P.L. 107-173 aim to increase entry/exit control mechanisms at
international ports of entry and make travel documents more difficult to alter or counterfeit.
(DOJ’s proposal for an entry/exit registration system is discussed in a separate section
below.) IIRIRA included such provisions, but they were later amended. P.L. 107-173
CRS-8

IB10103
10-30-02
requires: implementation of an integrated entry and exit database; machine-readable, tamper-
resistant travel documents that use biometric identifiers, such as fingerprints; biometric data
readers and scanners at all ports of entry; and greater tracking of stolen passports. It also
extended until September 30, 2002, the deadline for border crossing identification cards to
contain a biometric identifier that matches the biometric characteristic of the card holder.
Other bills before the 107th Congress that include immigration-related border security
provisions are H.R. 3205/S. 1618, H.R. 3129, and H.R. 5013. (See CRS Electronic Briefing
Book, Terrorism, page on “Border Security Issues and Options,” available at [http://www.
congress.gov/brbk/html/ebter124.html]; and CRS Report RL31019, Terrorism: Automated
Lookout Systems and Border Security Options and Issues. For information on counter-
terrorism and immigration law, see CRS Electronic Briefing Book, Terrorism, page on
“Immigration Law: Legal Frameworks,” available at [http://www.congress.gov/brbk/html/
ebter133.html].)
Nonimmigrant Registration and Tracking
The INA provides for the registration of aliens. Among the relevant provisions, INA
§262 requires that aliens in the United States for 30 days be registered and fingerprinted, and
INA §263 authorizes the Attorney General to prescribe special regulations for the registration
and fingerprinting of any class of aliens, other than LPRs. INA §265 further states that aliens
required to be registered must notify the Attorney General of each change of address within
10 days and furnish such additional information as the Attorney General may require. H.R.
5013 would amend the INA registration provisions to establish additional registration
requirements.
Citing the INA’s registration provisions and other authority, DOJ proposed a “National
Security Entry-Exit Registration System.” Under the final rule to implement this system,
which took effect on September 11, 2002, special registration requirements apply to
nonimmigrant aliens from Iran, Iraq, Libya, Sudan, and Syria, as well as to nonimmigrants
from any country who meet criteria indicating that their presence in the United States
warrants monitoring in the interests of national security or law enforcement. (The final rule
is available in Federal Register, v. 67, no. 155, August 12, 2002, p. 52583-52593.)
On July 26, 2002, INS published a proposed rule intended, according to DOJ, to
promote compliance with existing address reporting requirements. The comment period on
this rule ended on August 26, 2002. (The proposed rule is available in Federal Register, v.
67, no. 144, July 26, 2002, p. 48818-48821.) (See CRS Report RL31570, Immigration: Alien
Registration.)
Foreign Students
The September 11, 2001 terrorist attacks by foreign nationals — including several
terrorists on student visas — have prompted a series of questions about foreign students in
the United States and the extent to which the U.S. government monitors their admission and
presence in this country. The arrival of letters on March 11, 2002, in which the INS notified
CRS-9

IB10103
10-30-02
a Florida flight school that two of the September 11 terrorists had been approved for foreign
student visas, further heightened concerns.
The three visa categories used by foreign students are: F visas for academic study, M
visas for vocational study, and J visas for cultural exchange. The number of student visas
issued has more than doubled over the past 2 decades. In FY2000, DOS issued 589,368 visas
to F, J, and M nonimmigrants, making up 8% of all nonimmigrant visas issued. In 1996,
Congress enacted a provision that established a foreign student monitoring system and
required educational institutions to participate as a condition of continued approval to enroll
foreign students. The PATRIOT Act includes provisions to expand the foreign student
tracking system and authorizes appropriations for the system, which had been funded through
a $95 fee collected from each foreign student.
P.L. 107-173 has provisions intended to close perceived loopholes in the admission of
foreign students. Specifically, Title V establishes electronic means to monitor and verify
various aspects of the process, such as the admission of the student or exchange visitor to the
United States and the registration and enrollment of the nonimmigrant in the school or
exchange program. The law also creates a transitional program (until the monitoring system
is fully implemented) that would restrict issuance of an F, J, or M visa unless DOS has
received electronic evidence from the approved institution that the alien is accepted and the
consular officer has adequately reviewed the applicant’s record. (See CRS Report RL31146,
Foreign Students in the United States: Policies and Legislation.)
Border Commuter Students
The House and Senate have passed H.R. 4967, the “Border Commuter Student Act of
2002,” which would create new F and M visa sub-categories for commuter students from
Mexico and Canada. It had become commonplace for these students to cross the border to
take classes in the United States even though they did not meet all of the requirements for
F or M visas. INS recently announced that student visas would be required for these entries.
Rather than weaken the requirements for F and M visas generally, Congress opted in H.R.
4967 to make exceptions for Mexican and Canadian students. These students would be
included in the foreign student monitoring system.
Other Legislation and Issues
Refugees
The refugee ceiling for FY2002 was 70,000, but due to various factors, actual FY2002
refugee admissions totaled about 27,000. Concern that the United States might fall short of
the ceiling was one of the subjects covered at a Senate Immigration Subcommittee hearing
in February 2002. The Presidential Determination for FY2003, signed on October 16, 2002,
again sets the refugee ceiling at 70,000, with 50,000 numbers allocated among the regions
of the world and the remaining 20,000 comprising an “unallocated reserve” to be used if, and
where, the need for additional refugee slots arises.
CRS-10

IB10103
10-30-02
The “Lautenberg amendment” requires the Attorney General to designate categories of
former Soviet and Indochinese nationals for whom less evidence is needed to prove refugee
status, and provides adjustment to LPR status for certain Soviet and Indochinese nationals
denied refugee status. P.L. 107-116 extended the Lautenberg amendment through FY2002.
The Senate-reported FY2003 Labor, Health and Human Services (HHS), and Education
Appropriations bill (S. 2766) would extend the amendment through FY2003.
P.L. 107-185 revises and re-enacts for FY2002 and FY2003 a provision commonly
referred to as the “McCain amendment.” The McCain amendment made the adult children
of certain Vietnamese refugees eligible for U.S. refugee resettlement. Among its provisions,
P.L. 107-185 enables adult children previously denied resettlement to have their cases
reconsidered. H.R. 2833, which has been passed by the House, would more broadly expand
Vietnamese eligibility for refugee resettlement.
Resettlement Funding. P.L. 107-116 provided $460.2 million for HHS’s Office of
Refugee Resettlement. The House and Senate FY2003 Labor, HHS, and Education
Appropriations bills (H.R. 5320, as introduced, and S. 2766, as reported) would provide
$452.7 million for these programs, the same funding level as requested by the Bush
Administration. (See CRS Report RL31269, Refugee Admissions and Resettlement Policy.)
Legal Immigration and Sponsorship
Subtitle C of the PATRIOT Act contains provisions that preserve the immigration
benefits of the noncitizen victims of September 11 and their families. Among these
provisions are those that ensure that aliens whose pending family-based or employment-
based immigrant petitions were revoked, voided, or nullified due to the terrorist attacks (e.g.,
the family member petitioning for them died) continue to have valid petitions, and that waive
the public charge ground of inadmissibility for them.
More broadly, the Family Sponsor Immigration Act of 2001 (P.L. 107-150) provides
that in cases where a citizen or LPR has petitioned for permanent resident status for an alien
resident and the petitioner has died before the alien has been granted this status, and where
the Attorney General determines for humanitarian reasons that revocation of the petition
would be inappropriate, a close family member other than the original petitioner can sign the
necessary affidavit of support. (See CRS Report RL31114, Noncitizen Eligibility for Major
Federal Public Assistance Programs: Policies and Legislation.)
Child-Related Legislation
P.L. 107-208 amends the INA to address the issue of children “aging out” of the
definition of “child” while their petitions or applications are pending. (Under the INA, a
“child” is an unmarried person under age 21.) P.L. 107-208 sets new rules for determining
whether an alien is a child, where the alien is the unmarried son or daughter of a U.S. citizen,
LPR, asylee, or refugee. A provision in H.R. 2215, the DOJ Authorization bill, would
amend the INA to allow another citizen to apply for naturalization on behalf of a child born
and residing outside the United States, whose citizen parent has died. H.R. 2215 has been
passed by both Houses and presented to the White House.
CRS-11

IB10103
10-30-02
Criminal Aliens
Two 1996 laws, IIRIRA and the Antiterrorism and Effective Death Penalty Act
(AEDPA; P.L. 104-132), significantly affected how criminal aliens — aliens who have
engaged in criminal activity — are treated in the removal process. Among other changes,
these laws made it much harder for criminal aliens to obtain relief from removal. H.R. 1452,
as approved by the House Judiciary Committee, would enable the Attorney General to grant
discretionary relief from removal to some currently ineligible criminal alien LPRs. The bill,
however, would not fully restore the pre-1996 relief standards and would be temporary.
Other Legislation Receiving Action
S Visa for Criminal and Terrorist Informants. P.L. 107-45 amends the INA to
make permanent §101(a)(15)(S), the provision that allows aliens with critical information
on criminal or terrorist organizations to come into the United States in order to provide that
information to law enforcement officials. Under this law, aliens who provide critical
information may adjust to LPR status. The numerical limits on this category are 200 per year
for criminal informants and 50 per year for terrorist informants. (See CRS Report RS21043,
Immigration: S Visas for Criminal and Terrorist Informants.)
Work Authorization for Certain Nonimmigrant Spouses. P.L. 107-124
amends the INA to provide work authorization for the nonimmigrant spouses of treaty traders
or treaty investors on E visas. P.L. 107-125 similarly amends the INA to provide work
authorization for the nonimmigrant spouses of intracompany transferees on L visas. P.L.
107-125 further amends the INA to reduce from 1 year to 6 months the period of time that
certain intracompany transferees have to be continuously employed overseas by a petitioning
employer before applying for admission to the United States.
Employment Eligibility Verification Pilot Programs. P.L. 107-128 amends a
section of IIRIRA that directed the Attorney General to conduct three pilot programs for
employment eligibility confirmation (i.e., to confirm that new hires are legally eligible to
work). Each of the programs was to be in effect for 4 years. The first program to be
implemented, known as the “basic pilot program,” expired in November 2001. P.L. 107-128
extends the life of each program from 4 years to 6 years.
Irish Peace Process Program. P.L. 107-234 would extend through FY2006 a visa
program that enables young adults from Ireland to work temporarily in the United States.
Waivers for Nonimmigrant Physicians. Foreign physicians in the United States
on J-1 visas must return to their home country after completing their education or training
unless they are granted a waiver. H.R. 2215 would amend the INA to increase the number
of J-1 visa waivers that states could request (under the so-called “Conrad 20” program) from
20 to 30 per fiscal year. The “Conrad 20” provisions of the INA expired on June 1, 2002.
H.R. 2215 would extend the program until June 1, 2004. (See CRS Report RL31460,
Immigration: Foreign Physicians and the J-1 Visa Waiver Program.)
State Criminal Alien Assistance Program (SCAAP). Originally established in
1994, SCAAP provides reimbursement to state and local governments for the direct costs
associated with incarcerating unauthorized aliens. H.R. 2215 would authorize the
CRS-12

IB10103
10-30-02
appropriation of such sums as necessary for SCAAP for FY2003 and FY2004. S. 862, as
reported by the Senate Judiciary Committee, would authorize annual appropriations for
SCAAP of $750 million for FY2002 through FY2006.
DOJ Authorization Act Provisions. In addition to the provisions on child-related
naturalization, J-1 waivers, and SCAAP discussed above, H.R. 2215 would make other
changes to immigration law. It would extend the deadline for applying for posthumous
citizenship on behalf of individuals who die while on active-duty service during military
hostilities. It would provide for an extension of H-1B status (beyond the INA’s 6 year limit)
in cases in which 1 year or more has elapsed since the filing of an application or petition to
accord an H-1B worker LPR status as an employment-based immigrant. It also would make
changes to the immigrant category for entrepreneurs (EB-5). These immigrants are initially
granted LPR status on a conditional basis. The EB-5 amendments in H.R. 2215 would make
it easier for certain alien entrepreneurs to become full-fledged LPRs.
Asylum Program for Certain Middle Eastern Nationals. S. 1339 would grant
asylum to an Iraqi or other Middle Eastern national who delivers into U.S. custody a living
American prisoner of war or person missing in action. It has been passed by both the Senate
and House and signed by the President, but has not yet been assigned a public law number.
Driver’s Licenses Issued to Nonimmigrants. H.R. 4043 would prohibit federal
agencies from accepting driver’s licenses or comparable documents for identification
purposes unless the issuing state requires that licenses or documents given to nonimmigrants
expire no later than the expiration date of their nonimmigrant visas. H.R. 4043 has been
approved by the House Immigration Subcommittee.
Other Pending Bills. H.R. 4597, which has been approved by the House
Immigration Subcommittee, would make inadmissible to the United States any nonimmigrant
owing more than $2,500 in child support.
LEGISLATION
P.L. 107-45 (S. 1424)
Amends INA to provide permanent authority for the “S” nonimmigrant category.
Passed Senate on September 13, 2001. Passed House on September 15, 2001. Signed on
October 1, 2001.
P.L. 107-56 (H.R. 3162)
Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. Passed House on October
24, 2001. Passed Senate on October 25, 2001. Signed on October 26, 2001.
P.L. 107-116 (H.R. 3061)
Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2002. Reported by Appropriations Committee (H.Rept. 107-
229) on October 9, 2001. Passed House, as amended, on October 11, 2001. Passed Senate,
CRS-13

IB10103
10-30-02
as amended, on November 6, 2001. House agreed to conference report (H.Rept. 107-342)
on December 19, 2001; Senate agreed on December 20, 2001. Signed on January 10, 2002.
P.L. 107-124 (H.R. 2277)
Amends INA to provide work authorization for nonimmigrant spouses of treaty traders
and treaty investors. Reported by Judiciary Committee (H.Rept. 107-187) on August 2,
2001. Passed House on September 5, 2001. Reported by Senate Judiciary Committee
(without written report) on December 13, 2001. Passed Senate on December 20, 2001.
Signed January 16, 2002.
P.L. 107-125 (H.R. 2278)
Amends INA to provide work authorization for nonimmigrant spouses of intracompany
transferees, and to reduce the period of time that certain intracompany transferees have to be
continuously employed overseas before applying for admission to the United States.
Reported by Judiciary Committee (H.Rept. 107-188) on August 2, 2001. Passed House on
September 5, 2001. Reported by Senate Judiciary Committee (without written report) on
December 13, 2001. Passed Senate on December 20, 2001. Signed January 16, 2002.
P.L. 107-128 (H.R. 3030)
Basic Pilot Extension Act of 2001. Reported by Judiciary Committee (H.Rept. 107-310,
Part I) on November 30, 2001. Passed House, as amended, on December 11, 2001. Passed
Senate on December 20, 2001. Signed on January 16, 2002.
P.L. 107-150 (H.R. 1892)
Family Sponsor Immigration Act of 2001. Reported by Judiciary Committee (H.Rept.
107-127) on July 10, 2001. Passed House, as amended, on July 23, 2001. Reported by
Senate Judiciary Committee (without written report) on December 13, 2001. Passed Senate,
as amended, on December 20, 2001. House agreed to Senate amendment on February 26,
2002. Signed on March 13, 2002.
P.L. 107-171 (H.R. 2646)
Farm Security and Rural Investment Act of 2002. Reported by Agriculture Committee
(H.Rept. 107-191, Part I) on August 2, 2001; supplemental report filed by Agriculture
Committee (H.Rept. 107-191, Part II) on August 31, 2001. Reported by International
Relations Committee (H.Rept. 107-191, Part III) on September 10, 2001. Passed House, as
amended, on October 5, 2001. Passed Senate, as amended, on February 13, 2002. House
agreed to conference report (H.Rept. 107-424) on May 2, 2002; Senate agreed on May 8,
2002. Signed on May 13, 2002.
P.L. 107-173 (H.R. 3525)
Enhanced Border Security and Visa Entry Reform Act of 2002. Passed House, as
amended, on December 19, 2001. Passed Senate, as amended, on April 18, 2002; Senate
passed related enrolling resolution (S.Con.Res. 106) on May 7, 2002. House agreed to
Senate amendments and to resolution on May 8, 2002. Signed on May 14, 2002.
P.L. 107-185 (H.R. 1840)
Extends eligibility for refugee status for the unmarried sons and daughters of certain
Vietnamese refugees. Reported by Judiciary Committee (H.Rept. 107-254) on October 29,
2001. Passed House, as amended, on October 30, 2001. Reported by Senate Judiciary
CRS-14

IB10103
10-30-02
Committee (without written report) on December 13, 2001. Passed Senate on May 10, 2002.
Signed on May 30, 2002.
P.L. 107-208 (H.R. 1209)
Child Status Protection Act. Reported by Judiciary Committee (H.Rept. 107-45) on
April 20, 2001. Passed House, as amended, on June 6, 2001. Reported by Senate Judiciary
Committee (without written report) on May 16, 2002. Passed Senate, as amended, on June
13, 2002. House agreed to Senate amendment on July 22, 2002. Signed on August 6, 2002.
P.L. 107-234 (H.R. 4558)
Extends the Irish Peace Process Cultural and Training Program. Reported by Judiciary
Committee (H.Rept. 107-596, Part I) on July 22, 2002. Passed House on July 22, 2002.
Reported by Senate Foreign Relations Committee (without written report) on August 1,
2002. Signed on October 4, 2002.
H.R. 1452 (Frank)
Family Reunification Act of 2002. Ordered reported by Judiciary Committee on July
23, 2002.
H.R. 1885 (Gekas)
Section 245(i) Extension Act of 2001. Passed House on May 21, 2001. Passed Senate,
as amended, on September 6, 2001. House agreed to Senate amendment with amendments
pursuant to H.Res. 365 on March 12, 2002.
H.R. 2215 (Sensenbrenner)
21st Century Department of Justice Appropriations Authorization Act. Reported by
Judiciary Committee (H.Rept. 107-125) on July 10, 2001. Passed House, as amended, on
July 23, 2001. Reported by Senate Judiciary Committee (without written report) on October
30, 2001. Passed Senate, as amended, on December 20, 2001. House agreed to conference
report (H.Rept. 107-685) on September 26, 2002; Senate agreed on October 3, 2002.
H.R. 2833 (C. Smith)
Viet Nam Human Rights Act. Passed House on September 6, 2001.
H.R. 3231 (Sensenbrenner)
Immigration Reform and Accountability Act of 2001. Reported by Judiciary Committee
(H.Rept. 107-413) on April 19, 2002. Passed House, as amended, on April 25, 2002.
H.R. 4090 (Herger)
Personal Responsibility, Work, and Family Promotion Act of 2002. Reported by Ways
and Means Committee (H.Rept. 107-460, Part I) on May 14, 2002. Provisions incorporated
into H.R. 4737.
H.R. 4737 (Pryce)
Personal Responsibility, Work, and Family Promotion Act of 2002. Passed House on
May 16, 2002. Reported by Senate Finance Committee (S.Rept. 107-221) on July 25, 2002.
CRS-15

IB10103
10-30-02
H.R. 4967 (Kolbe)
Border Commuter Student Act of 2002. Reported by Judiciary Committee (H.Rept.
107-753) on October 15, 2002. Passed House on October 15, 2002. Passed Senate on
October 16, 2002.
H.R. 5005 (Armey)
Homeland Security Act of 2002. Reported by Homeland Security Committee (H.Rept.
107-609, Part I) on July 24, 2002. Passed House, as amended, on July 26, 2002.
S. 862 (Feinstein)
State Criminal Alien Assistance Program Reauthorization Act of 2001. Reported by
Judiciary Committee (without written report) on July 18, 2002.
S. 864 (Leahy)
Anti-Atrocity Alien Deportation Act of 2001. Reported by Judiciary Committee
(S.Rept. 107-144) on April 25, 2002.
S. 1291 (Hatch)
Development, Relief, and Education for Alien Minors (DREAM) Act. Reported by
Judiciary Committee (without written report) on June 20, 2002.
S. 1339 (Campbell)
Persian Gulf War POW/MIA Accountability Act of 2002. Reported by Judiciary
Committee (without written report) on June 27, 2002. Passed Senate, as amended, on July
29, 2002. Reported by House Judiciary Committee (H.Rept. 107-749, Part I) on October 15,
2002. Passed House on October 15, 2002. Signed on October 29, 2002.
S. 2452 (Lieberman)
National Homeland Security and Combating Terrorism Act of 2002. Reported by
Governmental Affairs Committee (S.Rept. 107-175) on June 24, 2002.
S. 2766 (Harkin)
Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2003. Reported by Appropriations Committee (S.Rept. 107-
216) on July 22, 2002.
CRS-16