The Homeland Security Act of 2002
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The Homeland Security Act of 2002 undertook an unprecedented reorganization of the agencies charged with securing the nation's borders and enforcing our immigration and customs laws. Twenty-two agencies and over 180,000 federal employees were merged into the newly formed Department of Homeland Security (DHS). The Department was given primary responsibility for the administration and enforcement of immigration laws by Section 103 of the Immigration and Nationality Act (INA). DHS has faced some serious logistical and administrative challenges over its three year history. One of the most pressing issues that the department has involved Expedited Removal (ER), or its ability to repatriate aliens without having them appear before an immigration judge. ER has posed serious legal, administrative, and logistical challenges for the Department. This paper will provide a brief overview of DHS structure and how it relates to the Department's mission of executing and administering immigration law. Then we will explore the ER issue to review the various challenges fading DHS, paying particular attention to the applicable laws. Lastly, we will make some recommendations concerning how these challenges could be resolved. Historically, the United States' immigration and nationality policy has attempted to balance some generous principles, such as the reunification of families, the admission of immigrants with certain job skills, and the provision of asylum to refugees, with restrict
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er hearing or review by an immigration judge unless the alien indicates that they intend to apply for asylum or that they face "credible fear" of persecution if they are returned to their nation of origin.
The INA provides certain protections for aliens who have a "well founded fear of prosecution, most notably in the form of asylum status. Aliens seeking asylum must demonstrate a well-founded fear that if returned home, they will be persecuted based upon one of five characteristics: race, religion, nationality, membership in a particular social
group, or political opinion" (Wasem, 1). Aliens who have been placed in ER and who claim asylum must be given a credible fear hearing in order to determine whether their asylum claim is valid. According to the INA, "the term credible fear of persecution means that there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum..." (INA º235(b)(1)(B)(v). Those who pass the credible fear hearing are placed into formal removal proceedings under INA º240 (Wasem, 2).
The standards used to determine what
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Approximate Word count = 2128
Approximate Pages = 9 (250 words per page)
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