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Immigration Enforcement in the United States
CRS Presentation for
The House Committee on the Judiciary
April 27, 2006
What is Immigration Enforcement? Authority Interior v. Border Select Major Legislation
Immigration Reform and Control Act of 1986 (IRCA; P.L. 99-603); Violent Crime Control and Law Enforcement Act of 1994 (P.L.
103-322); Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (IIRIRA; P.L. 104-208); USA Patriot Act of 2001 (P.L. 107-56); Enhanced Border Control and Visa Reform Act of 2002 (P.L.
107-173); Homeland Security Act of 2002 (P.L. 107-296); National Intelligence Reform Act of 2004 (P.L. 108-458); and REAL ID Act of 2005 (P.L. 109-13).
Aspects of Immigration Enforcement Removal Detention Alien Smuggling and Trafficking Fraud Investigations Worksite Enforcement Enforcement at Ports of Entry (POEs) Enforcement between POEs
Removal/Deportation
An alien is “removable” if: (1) the alien has not been admitted to the United States and is inadmissible under INA §212; or (2) the alien has been admitted to the United States and is deportable under INA §237
Grounds for Deportation
Inadmissible at time of entry Violate immigration status Certain criminal offenses (aggravated felony,
crime of moral turpitude) Failure to register (if required under law) Document fraud Security risk Public charge within 5 years of entry Unlawful voting
Formal Removal Proceedings (INA Sec. 240) Notice to appear
Detention or release on bond or own recognizance
Master calendar hearing Executive Office of Immigration Review (EOIR),
immigration judge Individual merits hearing Appeals
EOIR, Board of Immigration Appeals (BIA) Judicial review
Reason for Formal Removal: FY1995 and FY2004
50.4%
34.7%
11.4%
2.8% 0.6%
24.9%21.0%
9.7%
42.8%
1.7%
Criminal Not in status Attempted Entry Previosuly removed Other
50,924
FY2004
FY1995
202,842
Source: DHS Office of Immigration Statistics, FY2004 Yearbook of Immigration Statistics, Jan. 2006.
Expedited Removal (ER)
Aliens entering without proper documentation or with willful misrepresentation of facts are inadmissible, and shall be removed without any further hearings. (INA §235)
Under law may be applied to any alien who was not admitted, and cannot prove that they have been present in the U.S. for 2 years.
Aliens subject to ER are subject to mandatory detention
Expedited Removal Has Been Applied to… Aliens at ports of entry (1997)
Aliens arriving by sea (2002)
Aliens within 100 miles of the Southwest land border who cannot show that they have been present for 14 days. (Aug. 2004, fully implemented Sept. 2005)
Aliens within 100 miles of all land borders who cannot show that they have been present for 14 days. (Jan. 2006)
Voluntary Departure
Majority of removals At border, only Mexicans and Canadians Interior, all nationalities
Alien must request At alien’s expense Different requirements for before and after
completion of removal hearing.
Type of Removal: FY1995-FY2004
3.7% 4.2%7.4%
9.9% 10.3% 10%12.4% 13.9%
17.6% 16.4%
1995 1996 1997 1998 1999 2000 2001 2002 2003 20040
500,000
1,000,000
1,500,000
2,000,000
0%
20%
40%
60%
80%
100%
Voluntary Departure
Formal Removals
Percent Formal Removals
Total 1,364,688 1,643,108 1,555,116 1,743,273 1,755,754 1,861,933 1,432,061 1,084,661 1,076,483 1,238,319
Voluntary Departure 1,313,764 1,573,428 1,440,684 1,570,127 1,574,682 1,675,711 1,254,035 934,119 887,115 1,035,477
Formal Removals 50,924 69,680 114,432 173,146 181,072 186,222 178,026 150,542 189,368 202,842
Source: DHS Office of Immigration Statistics, FY2004 Yearbook of Immigration Statistics, Jan. 2006, p. 159.
Absconders
Aliens with final orders of deportation that are unconfirmed to have
left the country Absconder Initiative
Source: CRS presentation of unpublished data from DHS.
331,734
376,003
418,753
465,353
536,644
2001 2002 2003 2004 20050
100,000
200,000
300,000
400,000
500,000
600,000
Number of Alien Absconders: FY2001-FY2005
Selected Removal Issues
Long-term residents Unauthorized alien children Executive Office of Immigration Review
(EOIR)
Detention INA § 236 allows detention of any alien while
awaiting determination of removal The Illegal Immigrant Reform and Immigrant
Responsibility Act of 1996 (IIRIRA, P.L. 104-208) established mandatory detention for certain categories of aliens
If not subject to mandatory detention Release on bond, parole, own recognizance Continued detention
Released aliens can be re-detained at any time
Aliens Subject to Mandatory Detention Criminals Terrorists Expedited removal Final orders of deportation
June 2005, 87% of detainees were mandatory
Daily Detention Population and Funded Bedspace: FY1997-FY2006
11,871
15,447
17,772
19,48520,429
19,922
21,133 21,298
19,718 20,146
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
Fiscal Year
0
5,000
10,000
15,000
20,000
25,000
Daily Population Funded Bedspace
Source: FY1997 through FY2002 CRS presentation of published DHS data. FY2004 through FY2006 CRS presentation of unpublished DHS data.Note: FY2006 is the average daily population in detention through January 30, 2006.
19,702
21,109
19,444 19,44418,500
20,800
Detention Issues
Mandatory detention In FY2005, 60%
nondetained aliens failed to appear
18% of released aliens with receive final orders left country
Unaccompanied
minors Resources
Coordination Effect on CBP and
ICE initiatives
3,121 3,127
3,915
FY2003 FY2004 FY20050
1,000
2,000
3,000
4,000
5,000
Filled
Vacant
416
2,705
285
2,8422,871
1,044
Source: CRS presentation of unpublished data from DHS.
Number of Law Enforcement Positions in Office of Detention and Removal: FY2003-FY2005
Alien Smuggling
INA §274 prohibits and specifies penalties for any person who attempts to bring in an alien at any place other than a POE; knowing or in reckless disregard that an alien is illegally
present transports the alien within the United States; knowing or in reckless disregard that an alien is illegally
present, conceals, harbors or shields the alien; or encourages or induces an alien to come to the United
States, knowing or in reckless disregard that the alien will be illegally present.
Alien Smuggling (continued)
Increasing complexity of smuggling organizations
Collateral crimes and damage Cases include language and humanitarian
issues
Selected Issues Coordination between ICE and CBP Controlled delivery
Human Trafficking
An estimated 14,500 to 17,500 people are trafficked into the United States annually
VTVPA defines a “severe form of trafficking in persons” as sex trafficking in which a commercial sex act is induced by
force, fraud or coercion or in which the person induced to perform such act has not attained 18 years of age,
the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Human Trafficking (continued) Trafficked aliens are victims
Selected Issues Cooperation of sending countries Information T-visas
Defining Immigration Fraud
Immigration-related document fraud includes the counterfeiting, sale, and/or use of identity documents or "breeder documents" as well as alien registration documents, work authorizations, passports, or visas to circumvent immigration laws.
Benefit fraud includes willful misrepresentation of a material fact to obtain an immigration benefit in the absence of lawful eligibility for that benefit.
Measuring Immigration Fraud Reportedly widespread, but pervasiveness
not known Large-scale black market enterprises of
counterfeit immigration documents and "breeder" documents grew following IRCA of 1986
Reasonable to assume that most of the 11-12 million unauthorized resident aliens are committing document fraud
Investigating Immigration Fraud Facilitators, i.e., those who sell, distribute, or
manufacture counterfeit or altered documents Criminal organizations that broker large-scale
illegal schemes such as sham marriage rings or bogus job offers
Individual immigration benefit applications
Declining Fraud Investigations FY1986 -- There were
256 special agent workyears, completing 11,316 fraud cases.
FY1995 -- There were 181 special agent workyears, completing 6,455 cases.
FY2003 -- There were 145 special agent workyears, completing 1,389 cases
Comparison of Special Agent Workyears and Completed Cases for Selected Years
1986 1995 20030
2
4
6
8
10
12Thousands of Cases
0
50
100
150
200
250
300Total Workyears
Special Agents Completed Cases
Source: CRS analysis of DHS Office of Immigration Statistics PAS data.
Decreasing Fraud Prosecutions Successful prosecutions
of fraud cases declined from 494 convictions in FY1992 to 250 convictions in FY2003.
The number of convictions compared to the number of fraud cases received annually exhibited a similar trend, falling from 9.0% in FY1992 to 4.1% in FY2003.
Total Fraud Convictions and Convictions per Cases Received, FY1992-FY2003
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 20030
100
200
300
400
500
600Thousands
0
5
10
15
20
25
30Percent
Convictions Convictions as % of Cases Received
Source: CRS analysis of DHS Office of Immigration Statistics PAS data.
Fraud: Evolving Issues
Well-documented lack of coordination between USCIS and ICE in the area of fraud and national security investigations.
ICE reportedly will not pursue single cases of benefit fraud.
USCIS had to establish the Office of Fraud Detection and National Security to handle national security and criminal "hits" on aliens and to identify systemic fraud -- duties formerly performed by the INS enforcement arm in ICE.
DHS Inspector General found problems in the USCIS background checks.
Fraud: Concluding Comments Some maintain that going after purveyors who
primarily are providing false identification so that unauthorized aliens can work should not be a top priority given limited enforcement resources.
Others argue that it is critical to investigate the black market in counterfeit documents and benefit fraud because it is especially important to international terrorists, organized crime syndicates, and alien smuggling rings -- all of whom rely on fraudulent documents to minimize detection.
Prohibitions on Unlawful Employment Prohibitions on unlawful employment added
to the INA by IRCA (1986). It is unlawful to hire, to continue to employ, or
to recruit or refer for a fee an alien knowing the alien is not authorized to work.
It is unlawful to hire an individual without verifying employment eligibility by examining documents and completing I-9 forms.
Worksite Enforcement: Policy Changes 1988: Beginning of full enforcement Early and mid-1990s: Periods of
strengthened enforcement Late 1990s: Focus on alien smuggling
and other criminal violations Post Sept. 11, 2001: Focus on critical
infrastructure facilities
Worksite Enforcement Program Performance: FY1999-FY2003
Fiscal YearCriminal Employer
Cases Presentedfor Prosecution
Notices ofIntent to Fine(NIFs) Issued
Fine AmountsCollected
1999 182 443 $3,690,575
2000 109 213 $2,234,181
2001 239 141 $1,599,323
2002 21 73 $509,835
2003 4 16 $212,322
Source: CRS presentation of data from Department of Homeland Security.
Worksite Enforcement: Employer Fines Imposed and CollectedFiscal Year Number of
Final OrdersFine Amounts
Collected
1995 909 N/A
1996 823 N/A
1997 778 N/A
1998 535 N/A
1999 297 $3,690,475
2000 180 $2,248,193
2001 78 $1,705,359
2002 13 $585,224
2003 124 $253,706
2004 0 $118,528
2005 10 $62,232
Source: CRS presentation of data from Department of Homeland Security.
Worksite Enforcement: Policy Issues and Options Resources Employment Eligibility Verification
Process Role of Other Federal Agencies Employer Penalties
Immigration Enforcement at the Border DHS Secretary has the “power and duty to control
and guard the boundaries and borders of the United States against the illegal entry of aliens.” INA §103(a)(5)
Within DHS, Customs and Border Protection (CBP) is the lead federal agency charged with securing our nation’s land borders. At official Ports of Entry (POE) CBP Officers inspect all
individuals attempting to enter the country. Between POE United States Border Patrol (USBP) Agents
patrol the border to apprehend individuals attempting to enter the country illegally.
CBP POEs and Border Patrol Sectors
Source: CBP Performance and Annual Report - Fiscal Year 2004
Enforcement At Ports of Entry There are more than 300 Official land, air,
and sea POE INA §234 authorizes the Secretary to
designate POE INA §235 requires that all aliens presenting
themselves for admission be inspected by an Immigration Officer
INA §287 authorizes Immigration Officers to search, interrogate, and arrest unauthorized aliens
Primary Inspection
When travelers arrive into the United States, they must undergo a primary inspection undertaken by a CBP Officer
The purpose of the inspection is to determine the admissibility of a traveler to the United States
At all POE, certain categories of aliens’ photographs and two index fingerprints are entered into the United States Visitor and Immigrant Status Indicator Technology (US-VISIT) program to confirm their identity.
At all POE, all aliens’ information is run through the Interagency Border Inspection System (IBIS)
A decision is made whether to admit the individual or remand them to a secondary inspection
Secondary Inspection
If the CBP Officer during the primary inspection is not satisfied that the individual has a legal right to enter the country, they can require a secondary inspection.
Secondary inspection includes: Extensive questioning; Running the individual’s fingerprints through various
databases, including the FBI National Crime Information Center (NCIC) database; and
Careful Inspection of documentation, sometimes by contacting the Forensic Document Laboratory.
Percentage of Inspector Hours by Activity
0
10
20
30
40
50
60
70
80
FY92 FY93 FY94 FY95 FY96 FY97 FY98 FY99 FY00 FY01 FY02 FY03
Per
cen
t
Primary Inspection Secondary Inspection Enforcement Activities
Source: CRS Analysis of DHS’s PAS Data
Cases Referred to Investigations for Prosecution and Interception of Smuggled Aliens, Narcotics, and Contraband: FY2000-FY2003
Year Cases Referre d InterceptedAliens
InterceptedNarcotics
InterceptedContraband
2000 636 19,857 3,764 N.A.
2001 1,676 31,261 4,892 320
2002 1,782 32,173 3,913 945
2003 1,028 34,473 1,988 1,359
Source: CRS analysis of PAS data.Note: Contraband includes weapons and explosives. Data on contraband not available for FY2000.
Selected Issues at POE
Adequacy of Infrastructure Training of Personnel
One Face at the Border Database Technology and Interoperability US-VISIT Exit Control Western Hemisphere Travel Initiative
What does the USBP Patrol?
Area within reasonable distance of the U.S. border (INA §287a) 1,952 Mile Southwest border 3,000 Mile Northern border (excluding Alaska) Maritime border around the Gulf Coast, Florida
and Puerto Rico Regulations define reasonable distance to be
within 100 miles of the border, at the chief patrol officer’s discretion
Border Patrol Strategy: Prevention Through Deterrence In the early 1990s there was a growing sense that
illegal immigration along the Southwest border was out of control.
The USBP began deploying agents and other resources directly on the border along population centers to deter illegal entry.
Congress authorized and appropriated funding for additional agents and other resources
This had the effect of pushing illegal entry away from populated centers to more remote areas.
0
2,000
4,000
6,000
8,000
10,000
12,000
Border Patrol Agents (includes Pilots)
Source: CRS analysis of unpublished Customs and Border Protection data.
3,07
34,
100
5,06
95,
478 5,
923
6,09
66,
093
6,59
18,
018
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05
Border Patrol Border Enforcement WorkyearsFY1997 through FY2005
Source: CRS analysis of data from DHS’s Performance Analysis System (PAS).
1,19
9,56
0
1,26
3,49
0
1,03
1,66
8
1,32
4,20
2 1,54
9,87
6
1,38
8,03
1 1,53
8,89
5
1,56
0,49
11,
661,
978
1,25
1,48
1
955,
310
915,
300
1,15
8,80
2
1,18
8,97
7
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
1,800,000
FY92FY93
FY94FY95
FY96FY97
FY98FY99
FY00FY01
FY02FY03
FY04FY05
Border Patrol Apprehensions
Source: CRS analysis of unpublished data from Customs and Border Protection.
Role of State and Local Law Enforcement In general, enforcement of criminal (not civil)
violations of the INA INA §287(g) allows AG to enter into written
agreements with states and localities to allow law enforcement to perform certain immigration functions Training required
Selected Issues of State and Local Immigration Law Enforcement Enhance limited DHS resources Cooling effect Sanctuary cities
Workyears Devoted to Interior Enforcement Activities: FY1992-FY2003
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 20030
500
1,000
1,500
2,000
2,500Workyears
Criminals Employers Frauds Smuggling
EWI/Status Violators Admin/Non-Investigative Misc.
Criminals 433 516.6 550.2 498.6 523.3 611.6 698 810.7 770.1 753.7 751.1 740.2
Employers 249.4 221.1 208.7 210.3 240.3 300 273.2 179.4 129.6 83 90.6 65.6
Frauds 210.4 199.2 216.1 181.4 140.2 146.9 177.7 194.7 180.8 151.3 110.9 146.1
Smuggling 225.3 217.9 220.9 211.1 229.5 266.1 318.7 347.5 347.8 344.3 277.2 278.9
EWI/Status Violators 45.7 52.1 56.5 57.1 68.5 91.6 98.4 100.5 124.3 111.5 115.6 125.8
Admin/Non-Investigative 204.8 239.8 212.9 228.2 345.6 404.5 477.4 437.5 442.4 397.7 398.6 434.9
Misc. 5.5 4.8 3.7 6.7 14 10.9 13.4 10.7 10.7 9.7 62.1 100.6
Total 1,374.1 1,451.4 1,469 1,393.2 1,561.5 1,831.6 2,056.8 2,081 2,005.7 1,851.1 1,806 1,892.1
Source: CRS analysis of data from DHS’ Performance Analysis System (PAS).
Percent of Workyears by Enforcement Activity: FY1992-FY2003
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 20030%
10%
20%
30%
40%
50%Percent
Criminals Employers Frauds Smuggling
EWI/Status Violators Admin/Non-Investigative Misc.
Criminals 31.5% 35.6% 37.5% 35.8% 33.5% 33.4% 33.9% 39% 38.4% 40.7% 41.6% 39.1%
Employers 18.1% 15.2% 14.2% 15.1% 15.4% 16.4% 13.3% 8.6% 6.5% 4.5% 5% 3.5%
Frauds 15.3% 13.7% 14.7% 13% 9% 8% 8.6% 9.4% 9% 8.2% 6.1% 7.7%
Smuggling 16.4% 15% 15% 15.1% 14.7% 14.5% 15.5% 16.7% 17.3% 18.6% 15.3% 14.7%
EWI/Status Violators 3.3% 3.6% 3.8% 4.1% 4.4% 5% 4.8% 4.8% 6.2% 6% 6.4% 6.7%
Admin/Non-Investigative 14.9% 16.5% 14.5% 16.4% 22.1% 22.1% 23.2% 21% 22.1% 21.5% 22.1% 23%
Misc. 0.4% 0.3% 0.3% 0.5% 0.9% 0.6% 0.7% 0.5% 0.5% 0.5% 3.4% 5.3%
Source: CRS analysis of data from DHS’s Performance Analysis System (PAS).
Inspector Workyears by Type: FY1992-FY2003
USBP, Inspectors, and Interior Enforcement Workyears: FY1997-FY2003
1997 1998 1999 2000 2001 2002 20030
1,000
2,000
3,000
4,000
5,000
6,000
7,000Workyears
Inspectors Enforcement
Interior Enforcement
All Inspections
Border Patrol
Inspectors Enforcement 140.9 190.9 224.6 294.3 164.5 315.8 270.7
Interior Enforcement 1,831.6 2,056.8 2,081 2,005.7 1,851.1 1,806 1,892.1
All Inspections 2,664.9 2,795.9 3,173.7 3,188.6 2,683.5 2,871.6 2,098
Border Patrol 3,072.7 4,099.5 5,069 5,478.3 5,923.2 6,095.9 6,093
Source: CRS analysis of data from the Performance Analysis System (PAS).
USBP Workyears and Apprehensions
1997 1998 1999 2000 2001 2002 2003 2004 20050
2,000
4,000
6,000
8,000
10,000
0
500,000
1,000,000
1,500,000
2,000,000workyears apprehensions
1,412,953
3,073
955,310
1,197,000
6,096
8,018
Number of Workyears Number of Apprehensions
% Change in Apprehensions
% Change in Workyears
10.1% 1.5% 6.2% -24.5% -2.5%-24.6% 3.2%24.6%
FromPrevious Year
33.4% 23.6% 8.1% 8.1% 2.9% 0% 8.2% 21.6%
Source: CRS analysis of data from DHS’s Performance Analysis System (PAS).
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 20030
200
400
600
800
1,000
0
10,000
20,000
30,000
40,000
50,000Criminal Workyears Criminal Removals
20,098
740
Number of Criminal RemovalsWorkyears Spent on Criminal Alien Investigations
433
499
25,684
40,226
Criminal Alien Removals and Workyears Spent on Criminal Aliens
Border EnforcementApprehensions per Workyear versus
Workyears per Agent
050
100150200250300350400450500
FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05
Ap
pre
hen
sio
ns
0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
Wo
rkyears
Apprehensions per Workyear Border Enforcement Workyears per Agent
Source: CRS Analysis of unpublished Customs and Border Protection Data.
Immigration Enforcement Issues DHS Organizational Structure
Inherited Issues ICE and CBP
Resources Increasing role of other federal agencies or local law
enforcement Economy Desire for enforcement