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1 1 (June 25, 2020)

handle is hein.crs/govebax0001 and id is 1 raw text is: Congressional Sesearch Service UpdatedJune 25,2020 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 Departmentof Justice (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 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 subjectto removal. To effectuate aremoval, the alien's country of citizenship must confirmthe alien's nationality, issue traveldocuments, andaccepthis orherphysical 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 s ubject to removal orders but for whom there is no significant likelihoodofremovalin the reasonably foreseeable future, mustbe released into the United States after sixmonths, with limited exceptions. Recalcitrant Countries Accordingto DHS's Immigration and Customs Enforcement (ICE), most countries adhere to their international oblig ations 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 but not full cooperation are considered atriskofnon-compliance (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,basedon statisticaldata and analytic feedback on a range of as sessment factors. These factors include a refus alto accept charter flight-basedremovals, the ratio ofreleas es 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. Sont 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 1. At Risk of Non-compliance (ARON), Recalcitrant, and Sanctioned Countries .,.CUBA GAMBIA SIERRA LEONE - At risk of non-compliance 3 Recalcitrant/uncooperative o 243(d) visa sanctions in effect Notshownonrmap: SAMOA JTONGA 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), current as of June 3, 2020. Sanctions data come from pu blically available sources including DHS press releases, U.S. embassywebsites, and the Federal Register, current as of July 10, 2020. https://crs reports.congress.gov NFC S

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