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Cogesoa Resarc Servic


Updated December  14, 2018


Immigration


Immigration is a broad, multifaceted policy issue that
involves temporarily or permanently admitting foreign
nationals (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, relying on discretionary authority conferred by
statute.

During the 115th Congress, the Trump Administration has
pursued various immigration policies through executive
branch action, including the imposition of entry restrictions
known  as the travel ban, the termination of the Deferred
Action for Childhood Arrivals (DACA) initiative, and the
zero tolerance policy regarding illegal border crossing.
Courts have blocked some of these actions. For other
proposals, such as constructing a border wall and restricting
family-based immigration, the Administration has sought
congressional action.

U.S. immigration law is concerned with aliens, a term defined by
the Immigration and Nationality Act 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.

Overview of Key Issues
U.S. immigration policy can be divided into three broad
areas, involving (1) the permanent or temporary admission
or entry of aliens into the United States; (2) the enforcement
of laws governing aliens' entry, presence, and employment
in the United States; and (3) noncitizens' eligibility for
federal, state, and local government programs and benefits.

Admission   or Entry of Aliens to the United  States
The Immigration and Nationality Act (INA) provides for
the admission or other entry of aliens to the United States.
Some  aliens are admitted permanently, through family- or
employment-sponsored  immigrant visas, or as refugees, and
they receive green cards or lawful permanent resident
(LPR) status. Others are admitted temporarily for specific
purpose through nonimmigrant visas (e.g., tourists,
students, or 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)
providing humanitarian refuge. 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. Refugees
are persons displaced from their home countries because of


persecution on a protected ground (e.g., race or religion).
Aliens admitted as immigrants or refugees may apply to
become  U.S. citizens through a process known as
naturalization, typically after five years of U.S. residence.

In FY2017, roughly 1.1 million aliens became LPRs,
including 749,000 through family-sponsored pathways,
138,000 through employment-sponsored  pathways, 52,000
through the Diversity Immigrant Visa, 146,000 through the
refugee and asylum programs, and 43,000 through other
specialized categories. Congress has debated whether and
how  to restructure the current family- and employment-
sponsored admissions provisions to reflect U.S. needs and
interests. President Trump capped FY2017 refugee
admissions at 50,000 in the travel ban executive orders
after the Obama Administration had set the original cap for
that year at 110,000.

Temporary   Admissions. The INA  also provides for the
admission of nonimmigrants for specific periods of time
and purposes. In FY2017, there were more than 181 million
nonimmigrant  admissions, most of which were for local
border crossing activity, tourism, and business travel. A
temporary admission, in itself, generally does not provide a
pathway to U.S. citizenship.

Nonimmigrants  also include guest 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
whether and how admitting temporary workers affects U.S.
workers, as well as whether the INA should be amended to
limit such effects.

Screening of Applicants for Admission. Aliens seeking
admission to the United States as immigrants or
nonimmigrants  are screened both outside the United States,
typically while applying for visas, and at a U.S. port of
entry when they seek admission. As part of the screening,
aliens must establish their identity, meet eligibility
requirements for their admission category, and not be
inadmissible on INA grounds pertaining to health, criminal,
security, terrorism, or other grounds.

Aliens from certain countries, including those participating
in the Visa Waiver Program (VWP), may  temporarily travel
to the United States without a visa. However, VWP
travelers and other visa-free travelers are subject to
background checks and screening before and upon U.S.
arrival. In FY2017, more than 22 million U.S. admissions
occurred through the VWP program.

Enforcement of   the  Immigration   Laws
The INA  also prescribes a range of penalties and other
consequences for aliens and, in some cases, other persons


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