Reasonable grounds to believe alien inadmissible or deportable on National Security Grounds INA § 236A(a)(3) – US Visit DHS’s U.S. Visitor and Immigration Status Indication Tech. System Fully operational for arrivals as of 2009 Implementation for Departures is still under discussion Applies to all aliens 14-79 Exceptions to tourist or business visitors Canadians Finger and digital photos taken of all Both consular offices during visa processing and immigration inspectors at ports of entry Also collected when aliens exit National Security: Enforcement and Profiling Enhanced Border Enforcement Most border enforcement focused on illegal immigration Also general law enforcement issues Post 9/11 increases in personnel, training, technologies Passenger Manifests (EBSVERA) Commercial airlines, sea transport companies required to give immigration inspectors passenger lists with prescribed details Profiling Definition Law enforcement strategies focusing on individuals with particular attributes believed to correlate with targeted misconduct Issues When attributes are protected from discrimination Race, Gender, Religion Need to balance government interest against harms of government-sponsored discrimination Equality v. Profiling Stopping everyone costs time, money, public support, and most people are innocent Failure to stop one terrorist causes massive social calamity time to make a choice, limited information possible Stereotypes more useful than not BUT claims of discrete individuals sacrificed to disembodied social interest Refugees and Asylees Refugee and Asylum Policy between compassion and self-interest Proper Function Humanitarian project to relieve suffering? Humanitarian rights ends, to deter violations or repair damage post facto? National self-interest, based in sovereignty? Flight from Persecution or Flight from Poverty Friendlier for refugees from Communist Block than countries friendly to the US Suspicion of Refugees Some see high level of fraudulent claims
Reasonable grounds to believe alien inadmissible or deportable on National Security Grounds – INA § 236A(a)(3) US Visit DHS’s U.S. Visitor and Immigration Status Indication Tech. System Fully operational for arrivals as of 2009 Implementation for Departures is still under discussion Applies to all aliens 14-79 Exceptions to tourist or business visitors Canadians Finger and digital photos taken of all Both consular offices during visa processing and immigration inspectors at ports of entry Also collected when aliens exit National Security: Enforcement and Profiling Enhanced Border Enforcement Most border enforcement focused on illegal immigration Also general law enforcement issues Post 9/11 increases in personnel, training, technologies Passenger Manifests (EBSVERA) Commercial airlines, sea transport companies required to give immigration inspectors passenger lists with prescribed details Profiling Definition Law enforcement strategies focusing on individuals with particular attributes believed to correlate with targeted misconduct Issues When attributes are protected from discrimination Race, Gender, Religion Need to balance government interest against harms of government-sponsored discrimination Equality v. Profiling Stopping everyone costs time, money, public support, and most people are innocent Failure to stop one terrorist causes massive social calamity time to make a choice, limited information possible Stereotypes more useful than not BUT claims of discrete individuals sacrificed to disembodied social interest Refugees and Asylees Refugee and Asylum Policy between compassion and self-interest Proper Function Humanitarian project to relieve suffering? Humanitarian rights ends, to deter violations or repair damage post facto? National self-interest, based in sovereignty? Flight from Persecution or Flight from Poverty Friendlier for refugees from Communist Block than countries friendly to the US Suspicion of Refugees Some see high level of fraudulent claims
Immigration%20Law%20I%20-%20Brown%20-%20Fall%202011.docx