There are at least four types of actions for damages that may be brought by aliens as a result of their alleged treatment by governmental officials: (1) claims under the Federal Tort Claims Act; (2) actions under the federal civil rights statutes; (3) Bivens actions; and (4) private causes of action. These different theories of recovery differ in many ways, including what prerequisites exist before a lawsuit may be pursued, who may be sued, and what may be recovered.
The replenishment agricultural worker (RAW) legalization program, established by the Immigration Reform and Control Act of 1986 (IRCA), was designed to provide immigration benefits to farm workers who entered the country after a shortage of agricultural workers was deemed to have occurred. During the four-year span of the program, a shortage did not occur. However, had workers been needed, they would have received favorable immigration treatment. For example, not only would they have received temporary U.S. residency followed by permanent residency, the terms of their employment and stays in the U.S. would have been quite broad.
The Immigration and Naturalization Act (INA) was first made law in 1952. Prior to the INA, several immigration laws existed, but they were not compiled in one location in the United States Code. In 1952, immigration laws were gathered, updated, and organized to form the INA.
Within the federal government, the Office of Detention and Removal (ODR) is responsible for carrying out the removal of an alien. ODR is a division of Immigration and Customs Enforcement (ICE). ODR is the agency charged with removing unauthorized aliens and detaining them pending removal.