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1 (November 15, 2018)

handle is hein.crs/crsmthzzbuz0001 and id is 1 raw text is: SCongressional Researh Service ~Inform ig the legislative debate siflcG 1914 November 15, 2018 Immigration: Recalcitrant Countries and the Use of Visa Sanctions to Encourage Cooperation with Alien Removals The ability to repatriate foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. The Immigration and Nationality Act (INA) provides broad authority to the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to remove certain foreign nationals from the United States. Any foreign national found to be inadmissible or deportable under the grounds specified in the INA may be ordered removed. Those ordered removed may include unauthorized aliens (i.e., foreign nationals who enter without inspection, enter with fraudulent documents, or enter legally but overstay their temporary visas). Lawfully present foreign nationals who commit crimes or certain other acts may also be subject to removal. To effectuate a removal, the alien's country of citizenship must confirm the alien's nationality, issue travel documents, and accept his or her physical return by commercial flight or, where necessary, charter flight. A 2001 Supreme Court ruling, Zadvydas v. Davis, generally limits the government's authority to indefinitely detain aliens who have been ordered removed. As a result, detained aliens subject to removal orders but for whom there is no significant likelihood of removal in the reasonably foreseeable future, must be released into the United States after six months, with limited exceptions. Recalcitrant Countries According to DHS's Immigration and Customs Enforcement (ICE), most countries adhere to their international obligations to accept the timely return of their citizens. Countries that systematically refuse or delay the repatriation of their citizens, however, are considered to be recalcitrant, also called uncooperative. Countries that demonstrate some but not full cooperation are considered at risk of non-compliance (ARON). As of September 8, 2018, ICE designated 9 countries as recalcitrant and 24 as ARON (Figure 1). Countries are ranked on a scale ranging from uncooperative to cooperative, based on statistical data and expert analytic feedback on a range of assessment factors. These factors include a refusal to accept charter flight-based removals, the ratio of releases to removals, and average length of time between issuance of a removal order and removal. ICE also takes into account mitigating factors, such as a natural or man-made disaster or limited capacity (e.g., regarding law enforcement, inadequate records, and/or inefficient bureaucracy), to assess whether a country is intentionally uncooperative or incapable due to country conditions. Some countries disagree with ICE's assessments, maintaining that the United States has not adequately demonstrated that the persons ordered removed are indeed their nationals. Figure I. Cooperation Level by Country , 'CUBA , DOMINICA SENEGA FAS SIERRA LEONE ~ COTE DiVOIRE GHANA TO-O At risk of non-compliance NA Recalcitra nt/uncoop erat ive 0243(d) visa sanctions in effect Source: Map created by CRS using data from Esri Data and Maps, 2017. Boundary representation is not necessarily authoritative. Data provided by DHS's Immigration and Customs Enforcement (ICE), current as of September 8, 2018. Note: Sierra Leone was previously rated as ARON and is currently rated as cooperative. Sanctions remain until the country demonstrates a sustained, repeatable process for the repatriation of its nationals. www.crs.gov 1 7-5700 S

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