Immigration

Immigration

Updated February 18, 2020
Immigration
Immigration is a multifaceted policy issue that involves
sponsored admissions provisions to reflect U.S. interests.
temporarily or permanently admitting foreign nationals (in
Some Members of Congress and President Trump have
statute, aliens) into the United States and enforcing
argued for reducing family-sponsored immigration in favor
immigration laws. It is a perennial topic of congressional
of a “merit-based” approach that prioritizes education,
oversight and legislation. In recent years, the executive
employability, and English language proficiency.
branch has taken the lead in implementing numerous policy
Additionally, President Trump has reduced the refugee
initiatives, invoking discretionary authority conferred by
admissions ceiling each year, and set the FY2020 ceiling at
statute.
18,000, the lowest in the history of the U.S. refugee
program.
U.S. immigration law uses the term aliens, defined by the
Immigration and Nationality Act (INA) to mean persons who
Temporary Admissions. The INA also provides for the
are not U.S. citizens or U.S. nationals (e.g., persons born in
temporary admission of nonimmigrants for limited periods
American Samoa). Aliens are also referred to as noncitizens or
and specific purposes. In FY2018, there were more than
foreign nationals.
186 million nonimmigrant admissions, most of which were
for Mexican and Canadian border crossing activity,
tourism, and business travel. A temporary admission, in
Overview of Key Issues
itself, generally does not provide a pathway to LPR status.
U.S. immigration policy can be divided into three broad
Nonimmigrants also include temporary workers on H-1 and
areas, involving (1) the permanent or temporary admission
H-2 visas, whose admission to the United States is subject
of aliens into the United States; (2) the enforcement of laws
to various restrictions intended to minimize their impact on
governing the admission, presence, and employment of
the domestic labor market. An ongoing debate centers on
aliens in the United States; and (3) noncitizen eligibility for
how many workers should be admitted each year, how
federal, state, and local government programs and benefits.
admitting temporary workers affects U.S. workers, and
Admission or Entry of Aliens to the United States
whether existing INA provisions should be amended to
The INA provides for the admission or other entry of aliens
further limit such effects.
to the United States. Some aliens are admitted permanently
Screening of Applicants for Admission. Aliens seeking
through the family- or employment-based immigrant
U.S. admission as immigrants, nonimmigrants, or refugees
system, and receive “green cards” or lawful permanent
are screened outside the United States, typically while
resident (LPR) status. Others are admitted as refugees or
applying for visas, and again when they arrive at U.S. ports
granted asylum and can later obtain LPR status. Still others
of entry. As part of the screening, aliens must establish their
are admitted temporarily for specific purposes as
identities, meet eligibility requirements for their admission
nonimmigrants (e.g., tourists, students, temporary workers).
categories, and not be inadmissible for reasons pertaining to
Permanent Admissions. Four major principles underlie
health, criminal, security, terrorism, or other grounds.
U.S. policy on permanent immigration: (1) reunifying
Aliens from certain countries, including those participating
families, (2) admitting immigrants with needed skills, (3)
in the Visa Waiver Program (VWP), may travel temporarily
diversifying immigrant flows by country of origin, and (4)
to the United States without a visa. However, VWP
humanitarian admissions for refugees and asylees. The first
three principles form the basis for the INA’s
travelers and other visa-free travelers are also subject to
complex set of
background checks and screening before and upon U.S.
numerical limits and preference categories for permanent
arrival. In FY2018, 22.8 million U.S. admissions occurred
immigration. In contrast, the INA gives the President
through the VWP.
discretion, in consultation with Congress, to determine
annually the number of refugees admitted to the United
Enforcement of Immigration Laws
States. Generally, refugees are persons displaced from their
The INA prescribes penalties for aliens who violate its
home countries because of persecution on a protected
restrictions on the admission or entry of aliens; the
ground (e.g., race, religion). Aliens granted LPR status may
conditions of aliens’ continued presence in the United
apply to become U.S. citizens through a process known as
States; the employment of aliens; and other provisions.
naturalization, typically after five years of U.S. residence.
Initiatives to enforce these laws fall into two main
categories: border security and interior enforcement.
In FY2018, roughly 1.1 million aliens became LPRs,
including 696,000 through family-sponsored pathways,
Border Security. Border security involves securing the
138,000 through employment-based pathways, 45,000
means by which people and goods enter the country.
through the Diversity Immigrant Visa, 186,000 through the
Operationally, this requires controlling the official ports of
refugee and asylum programs, and 32,000 through other
entry (POE) through which legitimate travelers and
specialized categories. Congress has debated whether and
commerce enter the United States, and patrolling the
how to restructure the current family- and employment-
nation’s land and maritime borders to interdict illegal
https://crsreports.congress.gov

Immigration
entries between POE. Federal law gives the Department of
aliens’ rights, and how to deal with “recalcitrant” countries
Homeland Security (DHS) broad authority to deploy
that do not fully cooperate in the repatriation of their
physical barriers along U.S. borders and to waive the
citizens and nationals.
application of various laws that impede their construction.
Noncitizen Eligibility for Government Programs
In response to multiple Trump Administration requests
Federal laws restrict noncitizens’ eligibility for federal
totaling more than $8.3 billion through FY2019 for border
means-tested public benefits, like Medicaid, although there
barrier construction, Congress has appropriated almost $3.1
are certain exceptions (e.g., LPRs with substantial U.S.
billion. The Administration has redirected an additional
work histories). Restrictions also apply to eligibility for
$6.7 billion, mostly from FY2019 defense funds, toward
other federal, state, and local public benefits, which include
border barrier construction.
retirement, welfare, and a range of government programs.
In 2018, the Trump Administration briefly pursued a “zero-
DHS has issued new “public charge” regulations making it
tolerance” policy of criminally prosecuting all adult illegal
more difficult for noncitizens to obtain LPR status if they
entrants. Because the INA and other legal authorities limit
have used or are likely to use Temporary Assistance for
the detention period of family units and unaccompanied
Needy Families (TANF), non-emergency Medicaid, the
children, the “zero tolerance” policy resulted in the
Supplemental Nutrition Assistance Program (SNAP), or
separation of roughly 3,000 families who illegally crossed
certain other federal public benefits.
the southern border; the President ended the policy by
executive order.
Trump Administration Policies
In FY2019, DHS’s Customs and Border Protection (CBP)
During the 115th and 116th Congresses, the Trump
Administration has pursued a broad range of immigration
apprehended 851,508 migrants at the southern border—the
policies through executive branch action, including
highest number since FY2007. Another 126,001 migrants
imposing entry restrictions known as the “travel ban,”
were determined to be inadmissible at POE. Many of those
terminating the Deferred Action for Childhood Arrivals
apprehended at the southern border migrated from El
(DACA) initiative, instituting the “zero tolerance” policy
Salvador, Guatemala, and Honduras, including many
regarding illegal border crossing, building barriers along the
families and unaccompanied children. In January 2019, in
U.S. border with Mexico, restricting legal immigration
response to increased numbers of migrants arriving at the
based on use of public benefits, and establishing a variety
southern border without entry documents, DHS
of asylum restrictions. Courts have blocked some of these
implemented the Migrant Protection Protocols (MPP),
actions. For proposals such as border barrier construction
which require many asylum seekers to wait in Mexico
and restricting family-sponsored immigration, the
while U.S. immigration courts process their cases. To date,
Administration has sought congressional action, while also
over 60,000 migrants have been placed into MPP. In
pursuing executive actions in some cases.
addition, the Trump Administration has implemented new
rules restricting access to the U.S. asylum system for aliens
Selected Action in the 116th Congress
arriving at the southern border, including rendering aliens
Although the 116th Congress has not enacted major
ineligible for asylum if they have transited through third
immigration reform, it did provide emergency
countries, transferring aliens to “safe third countries” to
appropriations for humanitarian assistance and security at
pursue asylum there, and changes in asylum processing at
the southern border. In addition, among other bills enacted
border facilities.
into law, the National Defense Authorization Act for
Interior Enforcement. Interior enforcement refers to
FY2020 includes provisions to allow certain Liberians to
immigration law enforcement within the U.S. interior. For
apply for LPR status, increase the number of special
instance, worksite enforcement involves enforcing
immigrant visas for Afghan allies, and provide immigration
prohibitions on employing aliens who are not authorized to
protections for military service members.
work in the United States. Another interior enforcement
In addition, several discrete immigration-related measures
responsibility involves removing aliens who illegally
passed one chamber, including legislation to provide LPR
entered the United States or entered legally but violated the
status to certain unauthorized childhood arrivals and others
terms of their admission. Depending upon circumstances,
currently residing in the United States with temporary
aliens may be detained pending their removal. In FY2019,
DHS’s Immigration and Customs Enforcement (ICE), the
protection from removal, establish a new temporary-to-
permanent immigration status for certain agricultural
primary agency tasked with interior enforcement, removed
workers, revise the per-country limits on employment-
85,958 individuals arrested for having violated immigration
based immigrants, provide automatic citizenship to foreign-
or criminal laws.
born children of U.S. citizen members of the Armed Forces
An estimated 10.5 million unauthorized aliens reside in the
or government employees, impose medical screenings and
United States, raising a number of policy questions. For
standards of care for aliens in CBP custody, create a border
example, in 2016 an estimated 5.6 million children were
ombudsman, authorize CBP to engage in certain
living with unauthorized alien parents in “mixed-status”
counterterrorist activities, and prevent entry of aliens
households. Some observers favor creating a pathway to
seeking to interfere in U.S. elections. To date, none of
LPR status for at least some unauthorized aliens, while
these proposals have been enacted.
others support removing all unauthorized aliens. Questions
also have been raised about which aliens should be
Jill H. Wilson, Analyst in Immigration Policy
priorities for removal, how many resources should be
William A. Kandel, Analyst in Immigration Policy
devoted to removal, how expedited processes could affect
https://crsreports.congress.gov

Immigration

IF10520

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