Integrity Legal

In light of recent events in the United States election and the campaign promises made by the now President-elect, it seems appropriate to assume that Immigration matters will likely come to the forefront of American political discussion. For this reason, this blogger finds it relevant to provide an overview of the Immigration apparatus and how the components function.

In order to understand U.S. Immigration matters and the enforcement of U.S. Immigration law one must first understand the Department of Homeland Security. This Department oversees most of the Immigration matters arising in the United States (The Department of State deals with matters pertaining to US visas issued abroad, for more information on the role DOS plays in the immigration process please check out the many pages on this blog dedicated to Consular Processing information).

There are three agencies under the jurisdiction of DHS which deal with different aspects of Immigration law and policy. The first agency that many intending immigrant will no doubt have had dealings with is the United States Citizenship and Immigration Service or USCIS. This agency is tasked with adjudicating petitions for immigration benefits such as immigrant visas, work visas, and certain temporary stay visas. Furthermore, the USCIS also adjudicates I-601 waivers of inadmissibility as well as I-212 waivers for those who have previously been subjected to expedited removal. Those wishing to travel from abroad to the United States on some sort of immigrant or work authorized visa will likely have contact with USCIS.

Another component of DHS which deals with Immigration is the United States Immigration and Customs Enforcement Service or USICE. USICE is often the agency tasked with ascertaining the legal status of foreign nationals physically present in the USA and if found to be present in the USA illegally USICE agents are tasked with apprehending such individuals and placing them in deportation proceedings.

Finally, there is the United States Customs and Border Protection Service or USCBP. In the US visa process, USCBP is arguably the most overlooked yet one of the most significant agencies an intending immigrant will deal with. Unbeknownst to most, notwithstanding the issuance of a valid visa, USCBP has the authority to turn away any alien attempting to enter the USA. In actual practice, an alien with a validly issued visa is unlikely to be refused admission at a port of entry, but it can happen. In most cases such refusal is due to a belief on the part of a USCBP officer that an alien attempting to enter the USA on a non-immigrant visa in fact has immigrant intent. This happens frequently to tourist visa holders who are attempting to conduct a so-called visa run in order to remain in the USA. In those cases involving immigrant spouses of US citizens holding visas such as the K-3, the CR-1, or the IR-1 refusal to admit the alien spouse is quite rare. The same can be said for foreign fiancees of US Citizens holding a K-1 visa, but the fact that USCBP has plenary power to turn away any alien seeking admission should not be forgotten.

Meanwhile in an interesting article in The Intercept, it was noted that certain documents have come to light which apparently show that although USCBP has traditionally recognized law enforcement functions (especially with respect to Customs matters) they also work with the FBI in matters not routinely thought of when pondering USCBP’s role. To quote directly from the aforementioned article:

“It is no surprise that law enforcement closely monitors border crossings for criminals or terror suspects. The initiatives described in these documents, however, are explicitly about gathering intelligence, not enforcing the law. A person doesn’t have to be connected to an active investigation or criminal suspect in order to be flagged; the FBI might want them for their potential to provide general intelligence on a given country, region, or group. The goal, according to an FBI presentation on an initiative at Boston’s Logan Airport, is “looking for ‘good guys’ not ‘bad guys.’”

Although immigration matters are often viewed as a “boring” aspect of the United States bureaucracy it should be noted that agents of the Department of Homeland Security play a significant role in maintaining the security of the USA and assist even in the gathering of intelligence.

Although the ultimate policies of the new administration regarding immigration matters remain to be seen it seems logical to infer that should the administration wish to make the immigration process more difficult for foreign nationals, then the sophisticated mechanisms mentioned above would likely have the capacity to make certain that such a course of events actually transpires.

Tags: CR-1 Visa, Department of Homeland Security, Department of State, IR-1 Visa, K-1 Visa, U.S. Immigration and Customs Enforcement, US Customs, US Customs and Border Protection, US Visa, US Visa Process, USCBP, USCIS, USDHS, USDOS, USICE
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The United States Department of Homeland Security (DHS), as the name suggests, is tasked with, among other things, monitoring US internal and external security mainly from the perspective of Immigration. One component agency of the Department of Homeland Security is the US Customs and Border Protection Service (USCBP). This agency is tasked with securing US Ports of Entry by monitoring those entering the USA in order to counter possible terrorist threats to the American people. In a recently promulgated press release, the Department of Homeland Security announced that new cooperative measures have been initiated in concert with the French Republic. The following is an excerpt from the aforementioned press release:

Washington, D.C. – Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the United States and France have established an arrangement to implement the Immigration Advisory Program (IAP)–which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the United States–at Paris’ Charles De Gaulle International Airport. “Terrorism is a global threat that requires an international response,” said Secretary Napolitano. “This collaboration will enhance both the United States’ and France’s capabilities to protect our immigration systems as well as the global aviation network from abuse by terrorists and transnational criminals.” IAP allows specialized U.S. Customs and Border Protection (CBP) personnel posted in foreign airports to utilize current targeting and passenger analysis information and/or an assessment of passengers’ documentation to identify high-risk persons bound for the United States and make “no board” recommendations to carriers and host governments. The arrangement–formalized over the weekend by DHS Assistant Secretary for Policy David Heyman and French Minister of Immigration, Integration, National Identity and Mutually-Supportive Development Eric Besson–will help combat the use of fraudulent travel documents, prevent terrorists and other criminals from entering the United States, disrupt human smuggling and strengthen cooperation between CBP and French officials. A formal signing of the IAP arrangement will follow in August.

Advocates for The International Advisory Program (IAP) seem to hope that the program will streamline the process by which government personnel identify possible threats in the form of criminals entering the USA. Of particular interest is that the program seems focused upon deterring and suppressing the use of false travel documents. It would also appear that new initiatives will be undertaken to decrease human trafficking to the USA. This has become an ever-increasing concern among immigration officials as more foreign nationals attempt to enter the USA illegally through use of organizations that attempt to “smuggle” them through US ports. This author applauds the efforts of officials in both the USA and France as they attempt to better ensure the safety of international travelers.

For information regarding US Immigration from Thailand please see: US Visa Thailand or K1 Visa Thailand.

Tags: CBP, Customs and Border Protection, Department of Homeland Security, DHS, Fake Passport, False Travel Documents, Human Trafficking, IAP, Immigration Advisory Program, US Immigration, US Immigration Thailand, US-French Relations, USCBP, USCIS, USDHS
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