Interior Immigration Enforcement: Programs Targeting Criminal Aliens

Marc R. Rosenblum
Specialist in Immigration Policy

William A. Kandel
Analyst in Immigration Policy

Congress has a long-standing interest in seeing that immigration enforcement agencies identify and deport criminal aliens. The expeditious removal of such aliens has been a statutory priority since 1986, and the Department of Homeland Security (DHS) and its predecessor agency have operated programs targeting criminal aliens for removal since 1988. These programs have grown substantially since FY2005.

Despite the interest in criminal aliens, inconsistencies in data quality, data collection, and definitions make it impossible to precisely enumerate the criminal alien population, defined in this report as all noncitizens ever convicted of a crime. CRS estimates the number of noncitizens incarcerated in federal and state prisons and local jails—a subset of all criminal aliens—at 173,000 in 2009 (the most recent year for which complete data are available), with state prisons and local jails each accounting for somewhat more incarcerations than federal prisons. The overall proportion of noncitizens in federal and state prisons and local jails corresponds closely to the proportion of noncitizens in the total U.S. population.

DHS operates four programs designed in whole or in part to target criminal aliens: the Criminal Alien Program (CAP), Secure Communities, the §287(g) program, and the National Fugitive Operations Program (NFOP). The CAP, Secure Communities, and certain §287(g) programs are jail enforcement programs that screen individuals for immigration-related violations as they are being booked into jail and while they are incarcerated; the NFOP and some §287(g) programs are task force programs that target at-large criminal aliens. This report describes how these programs work and identifies their common features and key differences among them.

While consensus exists on the overarching goal to identify and remove serious criminal aliens, these programs have generated controversy, particularly Secure Communities and the §287(g) program. On one hand, the Obama Administration and other supporters of jail enforcement programs see them as efficient and even-handed ways to identify criminal aliens. The Administration has taken steps to strengthen and expand Secure Communities and plans to implement the program in every law enforcement jurisdiction in the country by the end of 2013. On the other hand, some lawmakers and advocacy groups have raised concerns that Secure Communities and the §287(g) program have not been narrowly targeted at serious criminal offenders and that the programs may have adverse impacts on police-community relations, may result in racial profiling, and may result in the detention of people who have not been convicted of criminal offenses and/or may not be subject to removal.

Disagreements about the merits of jail enforcement programs overlap with a separate set of questions about the role of states and localities in immigration enforcement. These jurisdictional questions have focused in particular on Secure Communities, in part because the Obama Administration initially appeared to present it as a discretionary program but now takes the position that states and localities may not “opt out” of Secure Communities.

Legislative issues related to Secure Communities and other ICE programs that Congress may consider include clarifying the role of state and local law enforcement agencies in immigration enforcement, the Obama Administration’s exercise of prosecutorial discretion, mandating new data collection in response to concerns over racial profiling at the state and local levels, and clarifying the statutory authority for states and localities to detain unauthorized aliens.


Date of Report: December 20, 2012
Number of Pages: 52
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Immigration Legislation and Issues in the 112th Congress

Andorra Bruno, Coordinator
Specialist in Immigration Policy

Immigration has not been a front-burner issue for the 112th Congress. During the past two years, however, Congress has taken legislative action on some measures containing provisions on a range of immigration-related topics. The Consolidated Appropriations Act, 2012 (P.L. 112-74) contains provisions on border security, visa security, tourist visas, and refugees. It also includes limited language on other issues, such as employment eligibility verification and the H-2B temporary worker visa. P.L. 112-176 extends the authorization for four immigration programs (EB-5 visa program, E-Verify, Conrad State program, and special immigrant religious worker program) for three years, until September 30, 2015. P.L. 112-205 provides statutory authority for the Border Enforcement Security Task Force (BEST) initiative. P.L. 112-58 concerns military service-based immigration benefits; P.L. 112-127 concerns border tunnels. P.L. 112-130 makes Israeli nationals eligible for E-2 treaty investor visas.

Both the House and the Senate have passed different bills (H.R. 4970, S. 1925) to reauthorize the Violence Against Women Act (VAWA). In addition, the House has passed bills that would make changes to permanent employment-based and family-based admissions (H.R. 3012); create new visa categories for prospective LPRs with graduate degrees in science, technology, engineering, or mathematics (STEM) fields (H.R. 6429); and reauthorize a temporary worker category for foreign nurses (H.R. 1933). It has also passed legislation with provisions on border security at and between ports of entry (H.R. 1299) and student visa reform (H.R. 3120).

In other action on immigration-related legislation, the House Judiciary Committee has reported or ordered reported bills on electronic employment eligibility verification (H.R. 2885), immigrant detention (H.R. 1932), visa security (H.R. 1741), and the diversity visa (H.R. 704). House and Senate Committees have considered different DHS authorization bills. The Senate Homeland Security and Governmental Affairs Committee has reported S. 1546, and the House Homeland Security Committee has ordered reported H.R. 3116. Bills on victims of trafficking have been reported by the Senate Judiciary Committee (S. 1301) and ordered reported by the House Foreign Affairs Committee (H.R. 2830). The House Natural Resources Committee has reported bills addressing border enforcement activities on federal lands (H.R. 1505, which also was included as an amendment to H.R. 3116) and foreign residents of the Commonwealth of the Northern Mariana Islands (CNMI), a U.S. territory in the Pacific (H.R. 1466). In addition, House and Senate committees and subcommittees have held hearings on a number of immigration-related issues.

This report discusses immigration-related issues that have received legislative action or are of significant congressional interest in the 112th Congress. Department of Homeland Security (DHS) appropriations are addressed in CRS Report R41982, Homeland Security Department: FY2012 Appropriations, and, for the most part, are not covered here.


Date of Report: December 20, 2012
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Unauthorized Aliens Residing in the United States: Estimates Since 1986

Ruth Ellen Wasem
Specialist in Immigration Policy

Estimates derived from the March Supplement of the U.S. Census Bureau’s Current Population Survey (CPS) indicate that the unauthorized resident alien population (commonly referred to as illegal aliens) rose from 3.2 million in 1986 to 12.4 million in 2007, before leveling off at 11.1 million in 2011. The estimated number of unauthorized aliens had dropped to 1.9 million in 1988 following passage of a 1986 law that legalized several million unauthorized aliens. Jeffrey Passel, a demographer with the Pew Hispanic Research Center, has been involved in making these estimations since he worked at the U.S. Bureau of the Census in the 1980s.

Similarly, the Department of Homeland Security’s Office of Immigration Statistics (OIS) reported an estimated 11.5 million unauthorized alien residents as of January 2011, up from 8.5 million in January 2000. The OIS estimated that the unauthorized resident alien population in the United States increased by 37% over the period 2000 to 2008, before leveling off since 2009. The OIS estimated that 6.8 million of the unauthorized alien residents in 2011 were from Mexico. About 33% of unauthorized residents in 2011 were estimated to have entered the United States since 2000, but the rate of illegal entry appears to be slowing. The OIS based its estimates on data from the U.S. Census Bureau’s American Community Survey.

Although increased border security, a record number of alien removals, and high unemployment, among other factors, have depressed the levels of illegal migration in recent years, the number of unauthorized aliens residing in the United States remains sizeable. Research suggests that various factors have contributed to the ebb and flow of unauthorized resident aliens, and that the increase is often attributed to the “push-pull” of prosperity-fueled job opportunities in the United States in contrast to limited job opportunities in the sending countries. Accordingly, the economic recession that began in December 2007 may have curbed the migration of unauthorized aliens, particularly because sectors that traditionally rely on unauthorized aliens, such as construction, services, and hospitality, have been especially hard hit.

Some researchers also suggest that the increased size of the unauthorized resident population during the late 1990s and early 2000s is an inadvertent consequence of border enforcement and immigration control policies. They posit that strengthened border security curbed the fluid movement of seasonal workers. This interpretation, generally referred to as a caging effect, argues that these policies raised the stakes in crossing the border illegally and created an incentive for those who succeed in entering the United States to stay. More recently, some maintain that strengthened border security measures, such as “enforcement with consequences,” coordinated efforts with Mexico to reduce illegal migrant recidivism, and increased border patrol agents, may be part of a constellation of factors holding down the flow.

The current system of legal immigration is cited as another factor contributing to unauthorized migration. The statutory ceilings that limit the type and number of immigrant visas issued each year create long waits for visas. According to this interpretation, many foreign nationals who have family in the United States resort to illegal avenues in frustration over the delays. Some researchers speculate that record number of alien removals (e.g., reaching almost 400,000 annually since FY2009) may cause a chilling effect on family members weighing unauthorized residence. Some observers point to more elusive factors when assessing the ebb and flow of unauthorized resident aliens—such as shifts in immigration enforcement priorities away from illegal entry to removing suspected terrorists and criminal aliens, or well-publicized discussions of possible “amnesty” legislation.


Date of Report: December 13, 2012
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Aliens’ Rights, Benefits, and Responsibilities: A Compendium

United States is an issue not only in the recurring debate over immigration reform, but also in areas that pertain to the general public, such as welfare, public health and safety, education, labor, and military service. According to the 2011 American Community Survey the number of foreign-born inhabitants is estimated at 40,377,860 million. These numbers have increased slightly over the last couple of years.

 The ability of the alien population, particularly unauthorized aliens, to engage in activities and obtain public benefits has been a source of significant controversy at the federal, state, and local levels. Over the past decades, the benefits and privileges accorded to aliens in the United States have fluctuated. At least until recently, the trend at the federal level has been to limit the benefits accorded to non-citizens. In one example of this trend to limit benefits, pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193), noncitizens were made ineligible for most federal forms of assistance. State and local practice has not been uniform, with some states and localities limiting and others expanding the privileges accorded to aliens on matters such as welfare eligibility, access to higher education, and eligibility for a driver’s license. Whether these trends will continue or reverse remains unclear.

Date of Report: November 29, 2012
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Immigration and Border Security: A Compendium

There is a broad-based consensus that the U.S. immigration system is broken. This consensus erodes, however, as soon as the options to reform the U.S. immigration system are debated. Substantial efforts to comprehensively reform immigration law failed in the 109th and 110th Congresses. Whether and how Congress will address immigration reform in the midst of historically high levels of unemployment and budgetary constrictions is difficult to project.

The number of foreign-born people residing in the United States is at the highest level in U.S. history and has reached a proportion of the U.S. population—12.5%—not seen since the early 20th century. Of the 38 million foreign-born residents in the United States, approximately 16.4 million are naturalized citizens. The remaining 21.6 million foreign born residents are noncitizens. According to the latest estimates by the Department of Homeland Security (DHS), about 10.8 million of the 21.6 million noncitizens were unauthorized aliens living in the United States in January 2010, down from a peak of 11.8 million in January 2007. Some observers and policy experts maintain that the presence of millions of unauthorized residents is evidence of inadequacies in the legal immigration system as well as failures of immigration control policies and practices.

This Compendium contains reports focusing on immigration and border security laws and policy including border control and visa security; legal immigration; documentation and verification; interior immigration enforcement; integration, status, and benefits; and refugees and other humanitarian populations. It delineates the debate in the 112th Congress for a range of issues, including border security, criminal aliens, worksite enforcement, employment eligibility verification, permanent admissions, temporary workers, legalization, noncitizen eligibility for federal benefits, birthright citizenship, and the role of state and local law enforcement in enforcing immigration laws. Current circumstances may sharpen the social and business cleavages as well as narrow the range of options. Nonetheless, selected immigration issues are likely to be a major concern for the 113th Congress, even if legislative action on such contentious issues appears daunting.


Date of Report: November 6, 2012
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