Team 5 Summary of Key Immigration Laws Relating to Border Security

In general, Congress has full authority over immigration. Federal immigration law
determines whether a person is an alien and that alien's rights, duties, and obligations as
well as the means to attain citizenship. The power of the President is limited to policies
on refugees. Unless the issue concerns the rights of aliens to constitutional protections,
courts have rarely intruded.

Immigration and Nationality Act of 1952 (DSfA), 8 U.S.C. Chapter 12: The basic
immigration law of the country, amended with major and minor changes through below
acts. Defines "alien" as any person who is not a U.S. citizen or national. Creates
categories of aliens: resident and nonresident, immigrant and nonimmigrant, documented
and undocumented ("illegal").

Immigration Reform and Control Act of 1986 (IRC A): Toughened criminal sanctions for
employers who hire illegal aliens, denied illegal aliens federal welfare benefits, and
granted amnesty to certain classes of aliens.

Immigration Marriage Fraud Amendments of 1986: Limited an alien's ability to acquire

citizenship through marriage.

Immigration Act of 1990: Revamped the DSfA allocations of visas among foreign
countries; eliminated archaic rules; increased the level of worldwide immigration.

Antiterrorism and Illegal Immigration Reform and Immigrant Responsibility Acts of

1996, passed in the aftermath of the 1993 World Trade Center and 1995 Oklahoma City
bombing.
• authorized the State Department to designate foreign terrorist organizations,
making members of such organizations inadmissible to the U.S.;
• permits expedited exclusion of aliens who present fraudulent documents or lack
valid documents, unless the alien expresses credible fear;
• authorized development of an entry-exit data system for all ports of entry and a
foreign student tracking system (CIPRIS);
• established the Alien Terrorist Removal Court.

USA PATRIOT ACT (Uniting and Strengthening America by Providing Appropriate

Tools Required to Intercept and Obstruct Terrorist), Oct. 2001:
• triples the number of Border Patrol, Customs, and INS inspectors along the
northern border;
• requires the FBI to provide the State Department and INS extracts of criminal
history record information during the visa process;
• requires the State Department and Attorney General to develop technology to help
verify identity and conduct background checks of visa applicants to be made
available at consular offices, ports of entry, and law enforcement;
 • expands the grounds for inadmissibility by augmenting the definitions of "foreign
terrorist organization", "engage in terrorist activity", and adding definitions for
"terrorist organization", and "association with terrorist organizations";
• requires mandatory detention of aliens certified by the Attorney General that there
are reasonable grounds that the alien is a threat to national security, with detention
up to six months and until removal from the U.S., with judicial review available
through habeas corpus proceedings;
• permits the Secretary of State, on the basis of reciprocity, to provide to a foreign
government visa lookout database information;
• urges the expedited development of the entry-exit system (NSEERS) authorized
under the 1996 Illegal Immigration Act, making it interoperable with other
databases (including foreign student tracking), using biometrics, and developing
tamper-resistant documents readable at ports of entry;
. makes the foreign student tracking system (CIPRIS) apply toflight,language, and
vocational schools;
• requires the State Department to implement precautionary measures to prevent
counterfeiting and theft of passports until machine readable passports fully
developed.

Enhanced Border Security and Visa Entry Reform Act, March 2002:
• mandates data sharing of information relevant to the admissibility or deportability
of aliens among federal law enforcement agencies, the intelligence community,
the State Department and INS;
• requires State Department to make visa files available electronically to INS
inspectors;
• requires that countries participating in the visa waiver program have machine
readable travel documents containing biometric identifiers by October 2003;
• requires full implementation of the foreign student tracking system, with
revisions, (SEVIS).

Department of Homeland Security Act, Nov. 2002:

• Creates a Directorate of Border and Transportation Security and an undersecretary
for the directorate.
• The undersecretary is responsible for:
o Preventing terrorists and instruments of terror from entering the U.S.;
o Coordinating the security of all borders and transportation systems;
o Conducting all immigration enforcement;
o Establishing and administering rules for the granting of visas for non
immigrants and permanent residents;
o Setting immigration enforcement policy;
o Administering customs laws, but for fee collection;
o Ensuring efficient flow of lawful persons and commerce
Main functions transferred to the undersecretary: Immigration and Naturalization
Service, Customs Service, Transportation Security Administration, Office for
Domestic Preparedness, Treasury's Federal Law Enforcement Training Center.