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1 1 (July 10, 2020)

handle is hein.crs/govdaqo0001 and id is 1 raw text is: Updated July 10,2020 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 DepartmentofJustice (DOJ) to remove certain foreign nationals fromthe 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 unauthoried aliens (i.e., foreign nationals who enter without inspection, enter with fraudulent documents, or enter legally but overstay their temporary vis as). Lawfully present foreign nationals who commit crimes or certain other acts may also be subjectto removal. To effectuate a removal, the alien's countryofcitizenship lmust confirmthe alien's nationality, is sue 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 beenordered removed. As a result, detained aliens subjectto removal orders but for whom there is no significant likelihoodofremovalin the reasonably foreseeable future, lmustbe released into the United States after six months, with limited exceptions. Accordingto 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 by DHS to be recalcitrant, also called uncooperative. Countries that demonstrate some butnot full cooperation are considered atriskofnon-coapliance (ARON). ICE currently clas sifies 13 countries as recalcitrant/ uncooperative and 17 as ARON (Figure 1). Countries are ranked on a scale ranging fromuncooperative to cooperative, based on statistical data and analytic feedbackon arangeofassessrent factors. These factors include arefusalto accept charter flight-based removals, the ratio ofreleases to removals, and average length of time between is suance of a removal order and removal. ICE also takes into account mitigating factors, such as a naturalor man-made disaster or limited capacity (e.g., regarding law enforcement, inadequate records, and/or inefficient bureaucracy), to as sess whether a country is intentionally uncooperative or incapable due to country conditions. Sonr 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. At Risk of Non-compliance (ARON), Recalcitrant, and Sanctioned Countries (WaMSit $Qi&W\ sECEI Atrk M f n(rn~ift Realtiratsro n~~ A .2 '2 Source: Map created by CRS using datafrom Esri Data and Maps, 2017. Boundary representation is not necessarily authoritative. ARON/recalcitrant data provided by DHS's Immigration and Customs Enforcement (ICE), cu rrent as of June 3, 2020. Sanctions data come from pu blically available sou rces including DHS press releases, U.S. embassy websites, and the Federal Register, cu rrent as ofJu ly 10, 2020. k pgpg\\\ \\ \ gmmg'

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