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Updated February 18, 2020


Immigration


Immigration is a multifaceted policy issue that involves
temporarily or permanently admitting foreign nationals (in
statute, aliens) into the United States and enforcing
immigration laws. It is a perennial topic of congressional
oversight and legislation. In recent years, the executive
branch has taken the lead in implementing numerous policy
initiatives, invoking discretionary authority conferred by
statute.

U.S. immigration law uses the term aliens, defined by the
  Immigration and Nationality Act (INA) to mean persons who
  are not U.S. citizens or U.S. nationals (e.g., persons born in
  American Samoa). Aliens are also referred to as noncitizens or
  foreign nationals.



U.S. immigration policy can be divided into three broad
areas, involving (1) the permanent or temporary admission
of aliens into the United States; (2) the enforcement of laws
governing the admission, presence, and employment of
aliens in the United States; and (3) noncitizen eligibility for
federal, state, and local government programs and benefits.
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The INA provides for the admission or other entry of aliens
to the United States. Some aliens are admitted permanently
through the family- or employment-based immigrant
system, and receive green cards or lawful permanent
resident (LPR) status. Others are admitted as refugees or
granted asylum and can later obtain LPR status. Still others
are admitted temporarily for specific purposes as
nonimmigrants (e.g., tourists, students, temporary workers).
Permanent Admissions. Four major principles underlie
U.S. policy on permanent immigration: (1) reunifying
families, (2) admitting immigrants with needed skills, (3)
diversifying immigrant flows by country of origin, and (4)
humanitarian admissions for refugees and asylees. The first
three principles form the basis for the INA's complex set of
numerical limits and preference categories for permanent
immigration. In contrast, the INA gives the President
discretion, in consultation with Congress, to determine
annually the number of refugees admitted to the United
States. Generally, refugees are persons displaced from their
home countries because of persecution on a protected
ground (e.g., race, religion). Aliens granted LPR status may
apply to become U.S. citizens through a process known as
naturalization, typically after five years of U.S. residence.
In FY2018, roughly 1.1 million aliens became LPRs,
including 696,000 through family-sponsored pathways,
138,000 through employment-based pathways, 45,000
through the Diversity Immigrant Visa, 186,000 through the
refugee and asylum programs, and 32,000 through other
specialized categories. Congress has debated whether and
how to restructure the current family- and employment-


sponsored admissions provisions to reflect U.S. interests.
Some Members of Congress and President Trump have
argued for reducing family-sponsored immigration in favor
of a merit-based approach that prioritizes education,
employability, and English language proficiency.
Additionally, President Trump has reduced the refugee
admissions ceiling each year, and set the FY2020 ceiling at
18,000, the lowest in the history of the U.S. refugee
program.
Temporary Admissions. The INA also provides for the
temporary admission of nonimmigrants for limited periods
and specific purposes. In FY2018, there were more than
186 million nonimmigrant admissions, most of which were
for Mexican and Canadian border crossing activity,
tourism, and business travel. A temporary admission, in
itself, generally does not provide a pathway to LPR status.
Nonimmigrants also include temporary workers on H-I and
H-2 visas, whose admission to the United States is subject
to various restrictions intended to minimize their impact on
the domestic labor market. An ongoing debate centers on
how many workers should be admitted each year, how
admitting temporary workers affects U.S. workers, and
whether existing INA provisions should be amended to
further limit such effects.
Screening of Applicants for Admission. Aliens seeking
U.S. admission as immigrants, nonimmigrants, or refugees
are screened outside the United States, typically while
applying for visas, and again when they arrive at U.S. ports
of entry. As part of the screening, aliens must establish their
identities, meet eligibility requirements for their admission
categories, and not be inadmissible for reasons pertaining to
health, criminal, security, terrorism, or other grounds.
Aliens from certain countries, including those participating
in the Visa Waiver Program (VWP), may travel temporarily
to the United States without a visa. However, VWP
travelers and other visa-free travelers are also subject to
background checks and screening before and upon U.S.
arrival. In FY2018, 22.8 million U.S. admissions occurred
through the VWP.

The INA prescribes penalties for aliens who violate its
restrictions on the admission or entry of aliens; the
conditions of aliens' continued presence in the United
States; the employment of aliens; and other provisions.
Initiatives to enforce these laws fall into two main
categories: border security and interior enforcement.
Border Security. Border security involves securing the
means by which people and goods enter the country.
Operationally, this requires controlling the official ports of
entry (POE) through which legitimate travelers and
commerce enter the United States, and patrolling the
nation's land and maritime borders to interdict illegal


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