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1 1 (September 27, 2023)

handle is hein.crs/govemzo0001 and id is 1 raw text is: Congressional ____ ~ Research Service Employment Eligibility for Migrants Released from DHS Custody at the Southwest Border September 27, 2023 In the past three years, the United States has experienced record-high levels of migration across the U.S.- Mexico border. Generally, migrants who lack authorization to enter the country and present themselves at a port of entry (POE) or who enter the United States between POEs are processed for removal by the Department of Homeland Security's (DHS's) Customs and Border Protection (CBP). Migrants not processed for expedited removal (a streamlined process that allows DHS to remove migrants without a court hearing)-or who are placed in expedited removal and demonstrate a credible fear of return to their countries-may be processed for formal removal proceedings. Two CBP components process migrants for removal at the border: the Office of Field Operations (OFO) at POEs and the U.S. Border Patrol (USBP) between POEs. To process migrants for formal removal proceedings, OFO and USBP issue them Notice to Appear (NTA) charging documents, which the agencies file in immigration court. In FY2023 (through August), CBP has issued more than 750,000 NTAs to migrants encountered at the Southwest border. During formal removal proceedings in immigration court, an immigration judge determines whether a migrant is removable and, if so, whether the migrant is eligible for a form of relief from removal, such as asylum. Although certain migrants must be detained while they await their removal proceedings, many have been released at DHS's discretion, on a case-by-case basis. Most migrants released at the Southwest border continue on to other U.S. destinations, including New York, Chicago, Denver, Houston, Washington, DC, and Boston, among others. New York City, for example, has received an estimated 104,000 migrants since spring 2022. Because of backlogs in immigration courts, some migrants can expect to wait years to have their cases adjudicated. Some state and local governments, along with migrant-serving organizations, have expressed concern about their ability to meet the immediate humanitarian needs (e.g., food, shelter, and other services) of arriving migrants. Federal resources for states, localities, and organizations serving migrants-such as the Federal Emergency Management Agency's (FEMA's) Shelter and Services Program-are limited. Federal law makes it unlawfil for employers to knowingly hire unauthorized workers; most migrants are not immediately eligible to work in the United States. States and localities have expressed urgency regarding migrants' ability to join local workforces so they may support themselves financially. Media accounts indicate that many of the migrant arrivals pursuing asylum are eager to work in the United States while they await adjudication of their claims, and some employers view migrant arrivals as Congressional Research Service https://crsreports.congress.gov IN12258 CRS INSIGHT Prepared for Members and Committees of Congress

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