The Department of Homeland of Security (DHS) establishes policies and practices by the laws of the United States to fulfilling its primary responsibility of securing the country from both domestic and foreign threats. The focus of these legislative instruments is divided into four broad categories of emergency management, immigration and border security, maritime security, and transportation security. The implementation of the immigration policy of DHS as a means to mitigating the threats posed by illegal immigrants and terrorist presents legal issues that it must address so as to comply with relevant laws of the country.
Description of DHS’s Immigration Policy and the Processes used for its Execution.
According to the Department of Homeland Security, its immigration policy is designed to ensure that American immigration laws such as the National Immigration Acts are fully enforced in a manner that guarantees public safety, border security and the integrity of the system (p. 1). The Immigration and Customs Enforcement (ICE) is a division of the agency that is responsible for the implementation of this policy. An analysis of this document shows that it emphasizes on fighting the smuggling of goods and the movement of criminal elements including terrorist in the United States, as well as curbing the trade of arms and drug trafficking. Stowsky and Kroenig (2005) explained that the division through its five departments cooperates and collaborates with other local and international agencies to implement its programs including the National Security Entry-Exit Registration System (NEERS) and the Student and Visitor Information System (SEVIS) (p. 20).
Two Legal Issues Related to DHS’s Immigration Policy
One of the legal issues that may arise from the implementation of DHS’s immigration is ethnic profiling that restricts nationals from some countries from entering the United States. Although the agency’s policy is expected to comply with the Department of Justice’s Guidance Regarding the Use of a Race by Federal Law Enforcement Agencies of 2003, its implementation of the executive order preventions travelers from 12 countries is a violation. An additional legal issue is the revocation of the citizenship status given to individuals that are considered guilty by association. The execution of the activity contravenes several provisions of the U.S Constitution.
Measure to Address Legal Issues Related to DHS’s Immigration Policy
The legal issues identified above borders of protection of civil liberties of the category of people involved. Therefore, an appropriate measure to address these problems is the implementation of the congressional mandate of empowering the Chief Privacy Office of DHS. According to Sutherland (2005), this approach is not only in compliance with the Intelligence Reform and Terrorism Prevention Act of 2004 but creates a check and balance system for the protection of the civil freedom of the citizens (p. 289). Also, it will show the commitment of the leadership of the country to the maintenance of security and liberty simultaneously.
Stowsky, J., & Kroenig, M. (2005). Homeland Security vs. the Madisonian Impulse: State Building and Anti-Statism after September 11. Institute of International Studies. Retrieved from http://escholarship.org/uc/item/0324x2n0#page-20
Sutherland, D. W. (2005). Homeland Security and Civil Liberties: Preserving America’s Way of Life. Notre Dame Journal of Law, Ethics & Public Policy, 19, p. 289. Retrieved from http://scholarship.law.nd.edu/cgi/viewcontent.cgi?…
U.S. Department of Homeland Security. (n.d.). U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties. Retrieved from http://www.dhs.gov/xlibrary/assets/CRCL_Brochure_M…
” I agree with you that there is a need for a system of checks and balances when it comes to rights of citizens. There are a lot of provisions in acts that were passed after the terrorist acts of 9/11. While we were more willing to compromise our rights and freedoms in the name of homeland and national security, there are questions and concerns that have come up since the acts were passed. Making sure that the least invasive measures are being taken in order to balance the rights and privacy of citizens while ensuring the security of the country is important. Since the agencies and organizations involved may have different priorities and ways of doing things, an independent oversight committee can make sure that things are being done in the best possible way.”
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