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This is a print on demand edition of a hard to find publication. Contents: (1) Intro.; (2) What is Immigration Enforcement (IE)?: Authority to Conduct IE; Overview of Select Major IE Legislation since 1986; Interior vs. Border; (3) Types of IE; Removal (Deportation); Detention; Alien Smuggling and Trafficking; Immigration Fraud; Worksite Enforcement; IE at Ports of Entry: Immigration Inspections; Enforcement Between Ports of Entry; (4) Enforcement of Immigration Laws and Local Law Enforcement; (5) Resource Allocation: Interior Enforcement Hours; Border Enforcement; Comparison; (6) DHS Organizational Structure: Inherited INS Issues: Database Integration; Separation of Immigration Functions into Separate DHS Agencies; OIG Merger Report; (7) Conclusion. Charts and tables.
This report describes for the first time the totality and evolution since the mid-1980s of the current-day immigration enforcement machinery. The report's key findings demonstrate that the nation has reached an historical turning point in meeting long-standing immigration enforcement challenges. The question is no longer whether the government is willing and able to enforce the nation's immigration laws, but how enforcement resources and mandates can best be mobilized to control illegal immigration and ensure the integrity of the nation's immigration laws and traditions.
Almost 12 million out-of-status aliens currently reside in the United States, and it is estimated that it will take 15 years and more than $5 billion for the Department of Homeland Security's Immigration and Customs Enforcement to apprehend just the current backlog of absconders. One proposed solution to this enforcement problem is for federal agencies to partner with state and local law-enforcement agencies to apprehend and deport fugitive aliens. Currently, the federal government does not require state and local agencies to carry out specific immigration enforcement actions; however, comprehensive immigration reform may address this issue in the near future. Before such legislation is drafted and considered, it is important to understand all the potential impacts of a policy incorporating immigration enforcement by nonfederal entities. As there is very limited evidence about the effects of involving state and local law enforcement in immigration enforcement duties, the authors seek to clarify the needs and concerns of key stakeholders by describing variations in enforcement approaches and making their pros and cons more explicit. They also suggest areas for research to add empirical evidence to the largely anecdotal accounts that now characterize discussions of the involvement of state and local law enforcement in immigration enforcement efforts.
The authors examine U.S. efforts to prevent illegal immigration to the United States. Although the United States has witnessed a sharp drop in illegal border crossings in the past decade alongside an enormous increase in government activities to prevent illegal immigration, there remains little understanding of the role enforcement has played. Better data and analyses to assist lawmakers in crafting more successful policies and to support administration officials in implementing these policies are long overdue.
Immigration enforcement is carried out by a complex legal and administrative system, operating under frequently changing legislative mandates and policy guidance, with authority and funding spread across several agencies in two executive departments and the courts. The U.S. Department of Homeland Security (DHS) is responsible for conducting immigration enforcement both at the border and in the United States; the U.S. Department of Justice (DOJ) is responsible for conducting immigration removal procedures and criminal trials and for prosecuting people charged with immigration-related crimes. DOJ confronts at least five technical challenges to modeling its resource needs for immigration enforcement that are specific to the immigration enforcement system. Despite the inherent limitations, budgeting for immigration enforcement can be improved by changing the method for budgeting. Budgeting for Immigration Enforcement addresses how to improve budgeting for the federal immigration enforcement system, specifically focusing on the parts of that system that are operated and funded by the U.S. Department of Justice (DOJ). The report recommends that DOJ establish policy-level procedures to plan and coordinate policy planning and implementation to improve performance of the immigration enforcement system. The report also recommends that DOJ and DHS accelerate their design of an integrated capacity to track cases and project immigration enforcement activity. Policy makers and others who are interested in how the nation's immigration enforcement system is organized and operates also will find it useful.
Winner, 2020 Best Book Award, Law Category, given by the American Book Fest Examines immigration enforcement and discretion during the first eighteen months of the Trump administration Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward. The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.
An estimated 11 million unauthorised aliens reside in the United States, and this population is estimated to increase by 500,000 annually. Each year, approximately 1 million aliens are apprehended trying to enter the United States illegally. Although most of these aliens enter the United States for economic opportunities and family reunification, or to avoid civil strife and political unrest, some are criminals, and some may be terrorists. All are violating the United States' immigration laws.
"Criminal prosecutions for immigration offenses have more than doubled over the last two decades, as national debates about immigration and criminal justice reforms became headline topics. What lies behind this unprecedented increase? From Deportation to Prison unpacks how the incarceration of over two million people in the United States gave impetus to a federal immigration initiative--The Criminal Alien Program (CAP)--designed to purge non-citizens from dangerously overcrowded jails and prisons. Drawing on over a decade of ethnographic and archival research, the findings in this book reveal how the Criminal Alien Program quietly set off a punitive turn in immigration enforcement that has fundamentally altered detention, deportation, and criminal prosecutions for immigration offenses. Patrisia Macías-Rojas presents a "street-level" perspective on how this new regime has serious lived implications for the day-to-day actions of Border Patrol agents, local law enforcement, civil and human rights advocates, and for migrants and residents of predominantly Latina/o border communities. From Deportation to Prison presents a thorough and captivating exploration of how mass incarceration and law and order policies of the past forty years have transformed immigration and border enforcement in unexpected and important ways."--Back cover.
An estimated 11 million unauthorized aliens reside in the United States, and this population is estimated to increase by 500,000 annually. Each year, approximately 1 million aliens are apprehended trying to enter the United States illegally. Although most of these aliens enter the United States for economic opportunities and family reunification, or to avoid civil strife and political unrest, some are criminals, and some may be terrorists. All are violating the United States immigration laws. Immigration enforcement is the regulation of those who violate provisions of the Immigration and Nationality Act (INA). This includes violations of the INA's civil provisions (e.g., violate the conditions of their admittance), as well as U.S. citizens or aliens who violate the criminal provisions (e.g., marriage fraud or alien smuggling). Many divergent tasks are incorporated under the banner of immigration enforcement. These include removing aliens who should not be in the United States, investigating alien smuggling and trafficking, patrolling between and at ports of entry, combating document and benefit fraud, and enforcing the prohibitions against employers hiring aliens without work authorization. Historically, more resources (measured in staff hours) have been allotted to enforcement at the border than enforcement within the United States. While the amount of U.S. Border Patrol (USBP) resources almost doubled between FY1997 and FY2003, time spent on other enforcement activities increased only slightly, while the number of inspection hours decreased. Furthermore, focusing on interior enforcement, in FY2003, the largest amount of staff time was devoted to locating and arresting criminal aliens (39%), followed by administrative and non-investigative duties (23%) and alien smuggling investigations (15%). Only 4% was devoted to worksite enforcement (i.e., locating and arresting aliens working without authorization, and punishing employers who hire such workers).