Letter to Members of Congress on Fiscal Year
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Client Alert
September 28, 2006 Resurgens Plaza 945 East Paces Ferry Road Suite 2700 CLIENT ALERT Atlanta, Georgia 30326-1380 404.923.9000 The Department of State (“DOS”) recently published its 150 North Michigan Avenue 35th Floor instructions regarding the Diversity Lottery for 2008 (“DV-2008”). The Chicago, Illinois 60601-7553 U.S. Citizenship and Immigration Services (“USCIS”) recently announced 312.499.1400 that: (a) it is expanding the premium processing service to include three Lincoln Plaza 500 N. Akard Street additional employment-based immigrant visa categories; (b) its district Suite 2700 offices will no longer issue Interim Employment Authorization Documents Dallas, Texas 75201-3306 214.397.4300 (Form I-688B) as of October 1, 2006; and (c) any passport issued on or after Wells Fargo Plaza October 26, 2006, by a Visa Waiver Program (“VWP”) country must be an 1000 Louisiana Suite 5400 e-passport for VWP travelers to be eligible to enter the United States under Houston, Texas 77002-5013 the VWP. The U.S. Department of Labor (“USDOL”) recently 713.750.3100 implemented an online system to provide the general public with 1875 Century Park East Suite 500 information on cases pending at its Backlog Reduction Centers. Two states Los Angeles, California 90067-2506 have passed legislation addressing immigration enforcement issues. In this 310.556.8861 Special Alert, we shall address these and other recent developments in the Wachovia Financial Center 200 South Biscayne Boulevard immigration area. Suite 2100 Miami, Florida 33131 305.982.1520 1. Diversity Visa Lottery 2008 Two Gateway Center 12th Floor The DOS recently published its instructions for the 2008 Newark, New Jersey 07102-5003 973.642.1900 Diversity Lottery (“DV-2008”). -
The Law of Asylum Procedure at the Border: Statutes and Agency Implementation
The Law of Asylum Procedure at the Border: Statutes and Agency Implementation April 9, 2021 Congressional Research Service https://crsreports.congress.gov R46755 SUMMARY R46755 The Law of Asylum Procedure at the Border: April 9, 2021 Statutes and Agency Implementation Ben Harrington The Immigration and Nationality Act (INA) generally provides for the removal of non-U.S. Legislative Attorney citizens or nationals (“aliens,” under the INA) encountered at the border without valid entry documents, unless they qualify for asylum or other humanitarian protections. Two significant questions of legal procedure arise regarding these aliens (referred to here as “undocumented migrants” to distinguish them from aliens encountered in the interior of the United States). First, how should the United States determine which undocumented migrants qualify for humanitarian protections? By trial or some more rapid assessment? Second, how should undocumented migrants be treated while their claims are evaluated? Should the government detain them, release them under supervision, or—as the Trump Administration opted to do—require many of them to wait in Mexico? These questions have become more prominent as the flow of undocumented migrants seeking humanitarian protections (“asylum seekers”) has increased over the past decade. Most undocumented migrants encountered at the border are subject to expedited removal. The statutory framework for expedited removal outlines the following answers to these procedural questions: 1. Screening. Protection claims by undocumented migrants at the border should be screened for a level of potential merit called “credible fear,” and rejected if they lack such potential merit, before being referred to trial-type immigration court proceedings before the Executive Office for Immigration Review within the Department of Justice. -
Driver's Licenses, State ID, and Michigan Immigrants
Driver’s Licenses, State ID, and Michigan Immigrants DRAFT Introduction Since 2008, Michigan has required applicants for driver’s licenses and state identification to provide proof of U.S. citizenship or immigration status. This change was part of a series of post-9/11 changes, and has had significant consequences for all Michiganders who use the roads. Ten states, plus the District of Columbia, have already changed their laws to permit some form of legal driving without proof of immigration status.1 States have chosen to restore access to driver’s licenses irrespective of immigration status to address significant economic and public safety-related challenges posed by greatly-increased numbers of unlicensed drivers, including reductions the agricultural workforce, exclusion from the insurance market, This report highlights the economic and safety benefits to all Michigan residents of expanding access to driver’s licenses for all otherwise-eligible Michigan drivers. Section One describes the legal background, the federal REAL ID Act and states’ relationship to it; Section Two explores potential benefits to the State of Michigan by allowing more individuals to be eligible for state driver’s licenses and identification cards; and Section Three states specific recommended changes to Michigan law. Section 1: Background A. Background of Michigan Driver’s Licenses & REAL ID Act Compliance Prior to 2008, Michigan law contained no requirement that an applicant for a driver’s license or state ID card needed a specific immigration or citizenship status in order to be eligible. Applicants did have to submit documents that were sufficient to prove identity and establish state residency. -
42Genno44.Pdf
U.S. Customs and Border Protection CBP Decisions [USCBP 2007–0061; CBP Dec. No. 08–26] RIN 1651–AA69 8 CFR Parts 212 and 235 DEPARTMENT OF STATE 22 CFR Parts 41 and 53 Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere AGENCIES: U.S. Customs and Border Protection, Department of Homeland Security; Bureau of Consular Affairs, Department of State. ACTION: Final rule. SUMMARY: This rule finalizes the second phase of a joint Depart- ment of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new docu- mentation requirements for U.S. citizens and certain nonimmigrant aliens entering the United States. This final rule details the docu- ments U.S. citizens1 and nonimmigrant citizens of Canada, Ber- muda, and Mexico will be required to present when entering the United States from within the Western Hemisphere at sea and land ports-of-entry. DATES: This final rule is effective on June 1, 2009. FOR FURTHER INFORMATION CONTACT: Department of Homeland Security: Colleen Manaher, WHTI, Office of Field Operations, U.S. Customs and Border Protection, 1300 1 ‘‘U.S. citizens’’ as used in this rule refers to both U.S. citizens and U.S. non-citizen na- tionals. 1 2 CUSTOMS BULLETIN AND DECISIONS, VOL. 42, NO. 44, OCTOBER 23, 2008 Pennsylvania Avenue, NW., Room 5.4–D, Washington, DC 20229, telephone number (202) 344–1220. Department of State: Consuelo Pachon, Office of Passport Policy, Planning and Advisory Services, Bureau of Consular Affairs, tele- phone number (202) 663–2662. -
REAL ID Act REAL ID Act and REAL ID
REAL ID Act REAL ID Act and REAL ID Federal law . Enacted in 2005 . Establishes state-issued driver’s license and identification card standards . Regulated by the U.S. Department of Homeland Security . States will continue to issue their own unique licenses and maintain its own records. Current Minnesota Law CHAPTER 92–H.F. No. 988 (2009) An act relating to drivers' licenses; prohibiting commissioner of public safety from complying with Real ID Act. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. NONCOMPLIANCE WITH REAL ID ACT. The commissioner of public safety is prohibited from taking any action to implement or to plan for the implementation by this state of those sections of Public Law 109-13 known as the Real ID Act. EFFECTIVE DATE. This section is effective the day following final enactment. A REAL ID is now required for…. From the Dept. of Homeland Security: . “Starting October 10, visitors seeking access to military bases and almost all Federal facilities using their state- issued driver’s licenses or identification cards must present proper identification issued by REAL ID compliant states or a state that has received an extension.” . “When planning a visit to a Federal facility or military base, visitors should contact the facility to determine what identification will be accepted.” DHS Provides Updates on REAL ID Enforcement October 9, 2015 http://www.dhs.gov/news/2015/10/09/dhs-provides- updates-real-id-enforcement A REAL ID will be required for…. No sooner than 2016: . A REAL ID will be required to board a federally regulated commercial aircraft. -
Visa Waiver Program
Visa Waiver Program Alison Siskin Specialist in Immigration Policy February 12, 2014 Congressional Research Service 7-5700 www.crs.gov RL32221 Visa Waiver Program Summary The visa waiver program (VWP) allows nationals from certain countries to enter the United States as temporary visitors (nonimmigrants) for business or pleasure without first obtaining a visa from a U.S. consulate abroad. Temporary visitors for business or pleasure from non-VWP countries must obtain a visa from Department of State (DOS) officers at a consular post abroad before coming to the United States. Concerns have been raised about the ability of terrorists to enter the United States under the VWP, because the VWP bypasses the first step by which foreign visitors are screened for admissibility to enter the United States. Nonetheless, there is interest in the VWP as a mechanism to promote tourism and commerce. In addition to increasing tourism, the inclusion of countries in the VWP may help foster positive relations between the United States and those countries, facilitate information sharing, and ease consular office workloads abroad. As of January 2014, 37 countries participate in the VWP. In FY2012, there were 19.1 million visitors who entered the United States under this program, constituting 40% of all overseas visitors. To qualify for the VWP, statute specifies that a country must offer reciprocal privileges to U.S. citizens; have had a nonimmigrant refusal rate of less than 3% for the previous year; issue their nationals machine-readable passports that incorporate biometric identifiers; certify that it is developing a program to issue tamper-resident, machine- readable visa documents that incorporate biometric identifiers which are verifiable at the country’s port of entry; and not compromise the law enforcement or security interests of the United States by its inclusion in the program. -
REAL ID Act List of Acceptable Forms of Identification
REAL ID Act List of Acceptable Forms of Identification The following information is extracted from REAL ID Act of 2005 Implementation: An Interagency Security Committee Guide. It is intended to provide options for consideration regarding acceptable forms of identification. For access to Sandia-controlled premises, DOE is the authority for determining which identification documents are acceptable, and not all of the documents below may necessarily be approved by DOE. This list is neither authoritative nor exhaustive and is subject to change at any time in accordance with DOE direction. 1) Federally-issued Identification a. U.S. Passport b. U.S. Passport Card c. PIV or Federally-issued Personal Identification Verification – Interoperable (PIV-I) Cards d. Driver’s License issued by the U.S. Department of State e. Border Crossing Card (Form DSP-150) f. DHS “Trusted Traveler” Cards (Global Entry, NEXUS, SENTRI, FAST) g. U.S. Military ID (all members of the U.S. Armed Forces [including retirees and dependent ID card holders]) and veterans. h. Veterans Health Identification Card issued by the U. S. Department of Veterans Affairs i. U.S. Permanent Resident Card (Form I-551) j. U.S. Certificate of Naturalization or Certificate of Citizenship (Form N-550) k. Employment Authorization Document issued by DHS (Form I-766) l. U.S. Refugee Travel Document or other travel document or evidence of immigration status issued by DHS containing a photograph (Permit to Re-enter Form I-327 and Refugee Travel Document Form I-571) m. Transportation Worker Identification Credential (TWIC) n. Merchant Mariner Card issued by DHS/United States Coast Guard (USCG) 2) State-issued Identification o. -
CBP Offers Flexibility to Departing Visa Waiver Program Travelers | U.S
4/20/2020 CBP Offers Flexibility to Departing Visa Waiver Program Travelers | U.S. Customs and Border Protection Official website of the Department of Homeland Security (https://www.facebook.com/CBPgov/) (https://www.instagram.com/cbpgov/) (https://www.flickr.com/photos/cbpphotos/) (https://twitter.com/cbp) (https://www.linkedin.com/company/2997?trk=tyah) (https://www.youtube.com/user/customsborderprotect) U.S. Customs and ( https(/)Border://public Protection.govdelivery.com/accounts/USDHSCBP/subscriber/new) (/) CBP Offers Flexibility to Departing Visa Waiver Program Travelers Release Date: April 17, 2020 Travelers Affected by Coronavirus May Apply for Extended Term of Admission WASHINGTON — U.S. Customs and Border Protection (CBP) announced today that Visa Waiver Program (/travel/international-visitors/visa-waiver-program)travelers who have been granted satisfactory departure may apply for an additional 30-day extension of their admission period if they remain unable to depart the United States because of the novel coronavirus (COVID-19). The extension grants flexibility to Visa Waiver Program travelers who have difficulty returning to their countries due to COVID-19 related travel restrictions, flight cancellations or illness. Travelers who are granted satisfactory departure will have an additional 30 days to depart the United States aer their lawful period of admission concludes. Visa Waiver Program travelers may seek satisfactory departure by contacting: 1. Any local CBP Port of Entry (/contact/ports) or Deferred Inspection Site (/contact/ports/deferred- inspection-sites); or 2. The U.S. Citizenship and Immigration Services Contact Center (https://www.uscis.gov/contactcenter). Travelers should be prepared to provide their passport number when submitting their request. -
Senate Committee on Transportation and Homeland Security Interim Report to the 80Th Legislature
SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY REPORT TO THE 80TH LEGISLATURE DECEMBER 2006 S ENATE C OMMITTEE ON T RANSPORTATION AND H OMELAND S ECURITY January 2, 2007 The Honorable David Dewhurst Lieutenant Governor P.O. Box 12068 Austin, Texas 78711 Dear Governor Dewhurst: The Senate Committee on Transportation and Homeland Security is pleased to submit its final report, which considers the Committee's seven interim charges and three joint charges to study and report on: · the state's overweight truck fees; · federal actions regarding the Patriot Act on homeland security activities in Texas; · the implementation of SB 9, 79th Legislature, Regular Session; · TxDOT's ability to build, maintain, and relocate rail facilities; · naming of state highways; · TxDOT's programs to increase safety on all state transportation facilities; · monitor federal, state and local efforts along the Texas Mexico border; · relocation of utilities from state owned right-of-way; · process of allocation by the TxDOT Commission through the Allocation Program; · process by which federal funding sources should be implemented by the TxDOT Commission to comply with funding reductions mandated by Congress. Respectfully submitted, Senator John Carona Senator Gonzalo Barrientos Senator Ken Armbrister Chairman Vice-Chairman Senator Kim Brimer Senator Rodney Ellis Senator Florence Shapiro Senator Eliot Shapleigh Senator Jeff Wentworth Senator Tommy Williams P.O. BOX 12068 • SAM HOUSTON BUILDING, ROOM 445 • AUSTIN, TEXAS 78711 512/463-0067 • FAX 512/463-2840 • DIAL 711 FOR RELAY CALLS HTTP://WWW.SENATE.STATE.TX.US/75R/SENATE/COMMIT/C640/C640.HTM Table of Contents Interim Charges............................................................................................................................... 1 Charge 1 -- Overweight Truck Fee Structure................................................................................. -
Herbert W. Titus & Robert J. Olson
THE ILLEGAL ALIEN THREAT TO AMERICA’S SENIOR CITIZENS Herbert W. Titus & Robert J. Olson TREA SENIOR CITIZENS LEAGUE 909 N. Washington St., #300 Alexandria, Virginia 22814 (703) 548-5568 [Inside Front Cover] TREA SENIOR CITIZENS LEAGUE Mission Statement. TREA Senior Citizen’s League (TSCL) is dedicated to serving our members by defending and protecting their earned retirement benefits by working with the U.S. Congress, the executive branch, and federal government agencies and departments. Tax Status. TSCL is a tax-exempt citizens action/social welfare organization under section 501(c)(4) of the Internal Revenue Code. Contributions to TREA Senior Citizens League are not tax deductible. Copyright (C) 2006, TREA Senior Citizens League AUTHORS’ BACKGROUND Herbert W. Titus. Mr. Titus is a practicing attorney, specializing in constitutional litigation and legislative strategy. A member of the Virginia Bar, Mr. Titus is Of Counsel to the McLean, Virginia law firm of William J. Olson, P.C., and is associated with the Premier Law Group in Virginia Beach, Virginia. A graduate of the Harvard Law School, Mr. Titus has taught constitutional law at five ABA-approved law schools over a 30-year span. He is the author of numerous scholarly articles on various constitutional law subjects, and is a co-author of various legal briefs on constitutional issues filed in the United States Supreme Court and in other federal and state courts. Robert J. Olson. Mr. Olson is a 2005 graduate of the College of William & Mary with a B.A. degree in History and Government. [First right hand page] PREFACE Every day since 9/11, it seems we Americans are told how illegal aliens threaten our way of life. -
Expedited Removal of Aliens: Legal Framework
Expedited Removal of Aliens: Legal Framework Updated October 8, 2019 Congressional Research Service https://crsreports.congress.gov R45314 SUMMARY R45314 Expedited Removal of Aliens: Legal Framework October 8, 2019 The federal government has broad authority over the admission of non-U.S. nationals (aliens) seeking to enter the United States. The Supreme Court has repeatedly held that the government Hillel R. Smith may exclude such aliens without affording them the due process protections that traditionally Legislative Attorney apply to persons physically present in the United States. Instead, aliens seeking entry are entitled only to those procedural protections that Congress has expressly authorized. Consistent with this broad authority, Congress established an expedited removal process for certain aliens who have arrived in the United States without permission. In general, aliens whom immigration authorities seek to remove from the United States may challenge that determination in administrative proceedings with attendant statutory rights to counsel, evidentiary requirements, and appeal. Under the streamlined expedited removal process created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and codified in Section 235(b)(1) of the Immigration and Nationality Act (INA), however, certain aliens deemed inadmissible by an immigration officer may be removed from the United States without further administrative hearings or review. INA Section 235(b)(1) applies only to certain aliens who are inadmissible into the United States because they either lack valid entry documents or have attempted to procure their admission through fraud or misrepresentation. The statute generally permits the government to summarily remove those aliens if they are arriving in the United States. -
Teaching Immigration with the Immigrant Stories Project LESSON PLANS
Teaching Immigration with the Immigrant Stories Project LESSON PLANS 1 Acknowledgments The Immigration History Research Center and The Advocates for Human Rights would like to thank the many people who contributed to these lesson plans. Lead Editor: Madeline Lohman Contributors: Elizabeth Venditto, Erika Lee, and Saengmany Ratsabout Design: Emily Farell and Brittany Lynk Volunteers and Interns: Biftu Bussa, Halimat Alawode, Hannah Mangen, Josefina Abdullah, Kristi Herman Hill, and Meredith Rambo. Archival Assistance and Photo Permissions: Daniel Necas A special thank you to the Immigration History Research Center Archives for permitting the reproduction of several archival photos. The lessons would not have been possible without the generous support of a Joan Aldous Diversity Grant from the University of Minnesota’s College of Liberal Arts. Immigrant Stories is a project of the Immigration History Research Center at the University of Minnesota. This work has been made possible through generous funding from the Digital Public Library of America Digital Hubs Pilot Project, the John S. and James L. Knight Foundation, and the National Endowment for the Humanities. About the Immigration History Research Center Founded in 1965, the University of Minnesota's Immigration History Research Center (IHRC) aims to transform how we understand immigration in the past and present. Along with its partner, the IHRC Archives, it is North America's oldest and largest interdisciplinary research center and archives devoted to preserving and understanding immigrant and refugee life. The IHRC promotes interdisciplinary research on migration, race, and ethnicity in the United States and the world. It connects U.S. immigration history research to contemporary immigrant and refugee communities through its Immigrant Stories project.