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International Journal of Refugee Law 2005 17(3):574-592; doi:10.1093/ijrl/eei021
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© The Author (2005). Published by Oxford University Press. All rights reserved. For Permissions please email: journals.permissions@oupjournals.org

Articles

The American Immigration System: A Structural Change with a Different Emphasis

Thomas W. Donovan*

* B.A., M.A. American University, J.D., New York Law School

When the US Immigration and Naturalization Service (INS) was disbanded in 2003 many of its components were absorbed into the new Department of Homeland Security (DHS). One of these new entities, called US Citizenship and Immigration (USCIS), now has the formidable task of processing and keeping track of all the applicants for entry into the United States. Its goal is to serve the immigrant community effectively, efficiently, and fairly, while avoiding the problems and deserved criticisms of its predecessor organization. USCIS is expected to achieve this goal under the administrative authority of DHS that has goals that may not be compatible. The primary mission of DHS is to fight terrorism, and providing good service to clients may be incidental. In this reorganization many members of the immigrant community fear they are viewed as potential terrorists. That it also has responsibility for refugee applicants raises the issue of the blurring of immigration and asylum — the former is about control whereas the latter should be focused on protection. The possible effects of these organizational changes on immigrants, refugees, and the nation are reviewed in this paper.


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2 REAL ID Act of 2005, Pub. L. No. 109-12, 119 Stat. 231, 11 May 2005.

3 Fierman, J., ‘Is immigration hurting the US?’, Arguing Immigration, 1994, N. Mills (ed.), New York: Touchstone Books, 67–75.

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9 Gyory, A., Closing the Gate: Race, Politics and the Chinese Exclusion Act, Durham, N.C.: 1998, University of North Carolina Press.

10 Robinson, D., By Order of the President: FDR and the Internment of Japanese-Americans, 2003, Harvard University Press.

11 Miles, J., ‘The Coming Immigration Debate’, Atlantic Monthly, Apr. 1995.

12 Aizenman, N.C. & Walsh, E., ‘Immigrants Fear Deportation After Registration; Number of Mideast, Muslim Men Expelled Rises Sharply’, Washington Post, 28 July 2003.

13 Chardy, A., ‘INS down to last days’, The Miami Herald, 24 Feb. 2003.

14 Figura, S.Z., ‘Management Improvements at the Bureau of Consular Affairs Rests on a Shrinking Funding Base’, GovExec.com, 11 Apr. 2001.

15 Schmitt, E., ‘Agency Finds Itself Under Siege, With Many Responsibilities and Many Critics’, The New York Times, 15 Mar. 2002.

16 Skiba, K.M., ‘Sensenbrenner Blasts INS After Facility Visits’, Milwaukee Sentinel Journal, 19 Nov 2001.

17 See Smith, above n. 4.

18 Kerwin, D., ‘Immigration Act of 1965’, Dictionary of American History, 3rd Edition, 2003, New York: Charles Scribner's Sons.

19 Frieden, T., ‘Visa fiasco blamed on widespread failure in INS’, CNN Law Center, 20 May 2002.

20 Mission Statement of the Department of Homeland Security, Washington, D.C., Department of Homeland Security, 2002, available at www.dhs.gov.

21 Department of Homeland Security Fiscal Year 2004 Budget Fact Sheet, available at www.dhs.gov.

22 Bergman, M., ‘Foreign-Born Population Surpasses 32 million, Census Bureau Estimates’, US Census Bureau Press Release (BC3-42), 10 Mar. 2003.

23 Fragomen, A.T. & Bell, S.C., ‘INS Transitions to Department of Homeland Security’, Immigration Business News and Comment, WL 1090283, West Group, 15 Mar. 2003.

24 Hendrix, B., ‘Government’s Crackdown on Immigrants Post 9/11 Creates Climate of Fear, Not Security', Press Release of the American Immigration Lawyers' Association, 19 Nov. 2003.

25 Riley, B., ‘Information sharing in Homeland Security and Homeland Defense: How the Department of Defense is helping’, Journal of Homeland Security, Sept. 2003.

26 Armas, G.C., ‘US Census Estimates Shows 31 Million Foreign-Born Residents’, Washington Post, 24 Oct. 2001.

27 Goodwin-Gill, G., The Refugee in International Law, 1996, New York: Clarendon Press.

28 Aleinikoff, T.A., Martin, D.A., and Motomura, H., Immigrant and Nationality Laws of the United States: Selected Statutes, Regulations, and Forms As Amended to May 15, 2003, Eagan, MN: West Group Publishing.

29 Above n. 18.

30 Available at www.ice.gov.

31 Press Release by Customs and border Protection, One face at the Border, Washington, D.C.: US Customs and Border Protection. See also www.customs.gov

32 Simao, P., ‘US Begins Fingerprinting Foreign Visitors’, Reuters News Service, 6 Jan. 2004.

33 Coyle, M., ‘Immigration Appeals Surge: A Backlog Shifts from One Level to the Circuit Courts’, National Law Journal, 27 Oct. 2003.

34 Daniels, R., Guarding the golden door: American immigration policy and immigrants since 1982, 2nd Ed., 2002, New York: Hill and Wang, Publishers.

35 Strickland, L.S. and Willard, J., ‘Reengineering the Immigration System: A Case for Data Mining and Information Issuance to Enhance Homeland Security’, Journal of Homeland Security, Oct. 2002.

36 Zapor, C., ‘With weighty problems in mind, immigration advocates seek answers’, Catholic News Service, 9 July 2003.

37 Mailman, S. & Stephen Yale-Loehr, S., ‘Immigration in a Homeland Security Regime’, New York Law Journal, 23 Dec. 2003.

38 Herbert, B., ‘Jailing Immigrants’, The New York Times, 4 Aug. 2003.

39 Ibid.

40 Sievert, R.J., ‘War on terrorism or global law enforcement operation?’, Notre Dame Law Review, 78, 307–353, 2003.

41 See Zapor, above n. 36.

42 Swarns, R.L., ‘Threats and responses: Security concerns; Immigrants feel the pinch of post-9/11 laws’, New York Times, 28 Sept. 2003.

43 Ibid.

44 Bander, J.R. & Nelson, F.W., ‘INS now BCIS but administrative problems will continue’, Balita.com, 8–14 Mar 2003.

45 Martin, D.A., ‘Immigration Policy and the Homeland Security Act Reorganization: An Early Agenda for Practical Improvements’, Interpreter Releases: Report and analysis of immigration and nationality law, 80 (17), 601–630, 28 Apr. 2003.

46 Ibid.


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