The Immigration and Naturalization Service's role in U.S. immigration governance

Immigration

In recent years the issue of immigration has sparked a great deal of discussion. Although America is a nation of immigrants, there is also a deep-rooted belief that people should immigrate to America through the proper legal mechanisms. The purpose of this discussion is to investigate how the agency that governs immigration in the United States functions in its role. The research will focus on several facets of immigration including street level or local bureaucracy and the policies that are enforced as it pertains to teachers, police and other law enforcement personnel, social workers, judges, public lawyers and other public servants/services. The investigation will also examine problems facing such as budget restraints and how they deal with them. There will also be some attention paid to how officials deal in situations too complex to fit into programs, and human dimensions. The research will explore the differences between street level bureaucrats and managers who are working to achieve the objective established by the agency. The investigation will examine the manner in which managers lead and the conflicts that they face as it pertains to dealing with other agencies.. The role of public relations will also be explored. Finally the research will focus on the critical issues that immigration services faces and how these issues will impact policy and management.

Immigration Service

The immigration and naturalization service (INS) now known as the United States Citizenship and Immigration Services (USCIS) is a government agency that is designed to govern immigration into the United States. More specifically the agency is charged with the responsibility of establishing immigration services, policies and priorities designed to protect America's heritage as an immigration nation while simultaneously ensuring that people entering the country are not a threat to the well-being of the nation. The USCIS is also responsible for deciding upon certain issues concerning immigrants. These issues include asylum requests, petitions for immigrant visas and petitions for naturalization.

The most important goal of the USCIS is to ensure the security of the homeland. According to a report entitled "USCIS Strategic Plan: Securing America's Promise" the agency is committed to ensuring the security and the integrity of American immigration and has employed several mechanisms to address the issue of security. The report asserts that the first of these mechanisms is to guarantee that the benefits of citizenship or other types of requests (visas, asylum) are given to qualified petitioners and applicants. The report explains secure homeland depends on the integrity of our immigration system. We will employ a program of comprehensive quality assurance and security measures to ensure that benefits are granted only to eligible individuals. To accomplish this, we will ensure that law enforcement (background) checks are conducted on all persons seeking immigration benefits. To prevent identity fraud, we will capture and store biometrics tied to a unique enumerator for all applicants to USCIS for immigration benefits, in effect freezing an identity for future identification and verification. We will continue to improve and issue tamper-resistant immigration benefit documentation ("USCIS Strategic Plan: Securing America's Promise")."

Local Bureaucracy

All of these precautions are designed to ensure that only the people who should be in the country are here. However, the aforementioned list of precautions has not always been in place. In addition, there has long been serious problems associated with enforcing these rules. These problems stem from issues such as improper boarder control, and the fact that many who come into contact with illegal immigrants are not mandated to report them, including teachers, doctors and even police officers. When the individuals who are most likely to come into contact with illegal immigrants are not mandated to report them enforcement because very difficult. These people are sometimes referred to as street level bureaucrats.

These individuals are often placed in awkward positions because they are called to serve the public in their various capacities but they are also citizens who are affected by illegal immigrants. In most states, the aforementioned individuals are not forced to report illegal immigrants because it is believed that the illegal immigrants may not receive the care or attention that they need if they fear that they will be reported to immigration. For instance, the police fear that the rates of violent crime will increase against illegal immigrants if they do not feel comfortable calling the police for fear of being reported to immigration. This scenario also holds true for hospitals, fire emergencies, social workers, public defenders and prosecutors and in the realm of education. States fear that mandating the reporting of illegal immigrants will be even more detrimental to the safety and well-being of the communities effected than the presence of illegal immigrants in these communities.

The policy of not reporting illegal immigrants has come under a great deal of criticism in recent years.

Opponents believe that reporting the presence of illegal immigrants is even more detrimental to society for the reasons that were just presented. Proponents of reporting illegal immigration on the street level believe that it is necessary. The necessity of such reporting is necessary as it pertains to homeland security because if a dangerous illegal immigrant is in the country public safety is at risk. This risk is greatly increased when there is no mechanism to ensure that law enforcement agencies across state boundaries can communicate with one another and share information.

In addition many argue that the costs associated with providing public service to illegal immigrants cannot be properly calculated because the true number of illegal immigrants is not known.

As it pertains to emergency services (Police, Hospitals), some counties and cities in America have been overwhelmed by the influx of illegal immigrants over the past decade. The infrastructure in these places was not designed to absorb such huge numbers of people.

An example of not having the ability to properly calculate the number of illegal immigrants can be seen in estimating state by state cost of illegal immigrant school children. Because teachers and schools are not obligated to report illegal immigrant children states do not have a real way of estimating the costs associated with educating illegal immigrant school children.

According to a Report entitled, "Illegal Alien School children" in 1982 the Supreme Court decided that is was unconstitutional to deny illegal immigrant schoolchildren access to education based on their immigration status (3). As such schools do not record the immigration status of their students.

The lack of concrete numbers as it pertains to the true number of illegal alien school children has caused a great deal of difficulty in recent years because there has been an overall increase in the number of illegal immigrants coming into the United States.

In 1982 when the supreme court ruled it unconstitutional to deny education to children in grades K-12 there were fewer illegal immigrants. This said the Supreme Court would still have ruled that denying education to schoolchildren was unconstitutional because it is unconstitutional. However, perhaps there would have been a concerted by the federal and/or state governments to ensure that the immigration status of children be recorded. This would have gone a long way to remedy the current problem of not having the ability to estimate the cost of education illegal immigrant children.

The report explains "State governments and school districts routinely record school enrollments and dollar expenditures. Although a few states responded to our survey with estimates of the costs of educating illegal alien children, none actually collect data on children's immigration status (Illegal Alien School Children, pg. 2)."

This inability to report students has become a serious problem over the last year as the American economy has seen a great deal of turmoil. The educational infrastructure in many school districts can not handle the influx of immigrant students. Such is the case in Prince William County, Va.

An article published by the American School board Journal reports that in this particular county there has been a major problem associated with the school budget and the lack of information concerning the number of illegal immigrant schoolchildren. The article explains that as the economic condition in American has worsened there has been an increased hostility toward illegal immigrants. This hostility is evident in every area of daily life including the American School System.

The article asserts that over the past few years in Prince William county there has been an increase in the number of illegal aliens. Although the specific number of illegal alien schoolchildren is unknown it is safe to assume that there has also been a significant increase in their numbers as well. This increase has led to an increase in costs for the Prince William County school district. At the same time there has been a decrease in tax revenues as property values have decreased in the County by an estimated 15%. This number has probably increased because this article was written in 2008. In addition the tax revenue has probably decreased further because there has been an increase in the number of foreclosures; people don't have to pay taxes on properties they no longer own. The article explains that Prince William county is extremely dependent on the tax income from residential properties because it doe not has a great deal of commercial property. As such there is nothing to off the decrease in tax revenue caused by the housing crisis. This situation affects all public services and schools in particular.

The article further explains that schools are trapped in the middle of the problem. On the one hand they want to provide a safe and welcoming environment for students. The article explains "We never lose sight of our goal," she says. "For us, that never changes, regardless of what happens politically, regardless of what happens economically. We are here to protect the right of children to feel safe and welcome at school (Hardy, 2008,)." Schools do not want to alienate children who need an education. If children feel unwelcome or school seems to be a hostile place, they will have difficulty learning. Children who have trouble in school are more prone to drop out before receiving a high school diploma. Individuals without a high school diploma are more likely to commit crime. There is a correlation between crime and poverty associated with not having a high school diploma. Crime and poverty has a negative impact on the entire community. As such schools try to remain neutral when it comes to the sensitive issue of illegal immigration.

On the other hand there are costs associated with providing such an environment. These costs will continue to increase if there are not tighter controls placed on recording the immigration status of school children. The cost of educating these children in counties such as Prince William is left in large part to those that pay residential property taxes.

School districts such as Prince William County are facing serious budget problems as a result of lost tax revenue. The stimulus package will assist in offsetting some of this loss for the time being but over the long run there must be more sustainable mechanisms in place to ensure that schools can properly account for the cost of educating illegal immigrant schoolchildren. Prince William County has already taken steps to change the manner in which the issue of illegal immigration is handled. The article reports that the county passed a resolution and has begun to require law enforcement to check the immigration status of anyone who is arrested even for small traffic violations. It is unclear if a similar law will be adopted as it pertains to the immigrant status of schoolchildren.

The above example in Prince William County is also reflected in counties and cities throughout the United States. There is a changing tide at the local level as it pertains to the presence of illegal immigrants. This changing tide has caused many local bureaucracies to adopt policies that may ultimately reduce the number of illegal immigrants.

Until such policies are more prevalent there will continue to be problems at the local level as a result of a lack of funding and the perceived consequences of adopting certain policies. Budget restraints are a serious issue as it relates to the local enforcement of immigration policies. Local governments (cities, counties) cannot afford to hire additional personnel to enforce the policies and laws established at the federal level. In addition the technology needed to connect the various agencies to one another to ensure a greater amount of safety is also expensive. Cities along the border have a particularly difficult time and schools, hospitals and other types of public institutions are suffering under the weight of illegal immigration.

Complex Problems and Human Dimensions

Two of the major reasons why the issue of illegal immigration is such a difficult issue to address involves complex problems and human dimensions. As it pertains to the complexity of the problem of immigration the sheer number of illegal immigrants in the country makes it an extremely complex problem. It is not as if the government can simply order of illegal immigrants back to their home countries. There are not enough personnel to enforce such a sweeping immigration policy. In addition, attempting to deport millions of people might become violent. There is also the fear of political backlash.

The issue is also complex because the role that illegal immigrants play in certain industries including farming and construction. There is the belief that without illegal immigrants these industries would have to pay employees more. This would increase the price of products and goods for consumers.

There is also a human dimension associated with the immigration issue. One of the major issues on this front is that many illegal immigrants have escaped abject poverty and dangerous situations to live in the United States. Deporting these individuals might mean that they will live a life of poverty or face certain death. As such there must be a human system of dealing with the issue of illegal immigration.

Another issue associated with the human dimension is the problem of parents who have children who are United States citizens. Many illegal immigrants give birth to children while living in the United States. These children are United States citizens. If parents are deported the children can stay in the United States with relatives or friends or go back to the native countries of their parents (Barbassa, 2007). The article explains the real-life story of the Ramirez family. Both parents were illegal immigrants the father had already been deported and the children decided that they want to go with their mother back to Mexico even though America was the only home they ever knew. The Federal government has received a great deal of criticism for this particular policy but officials argue that the parents have broken the law and the consequences of their actions caused them to be deported. However the article explains "the predicament is tearing many families apart, said clergy and immigrant advocates familiar with such cases. "Is it really a choice? Staying in foster care, or leaving with their parents?" asked Samina F. Sundas, the founder of American Muslim Voice who learned of the family's situation and is trying to help (Barbassa, 2007)."

This is a prime example of how illegal immigration policies effect real people. So often illegal immigrants are viewed as a single unit; however the illegal immigrant population is made up of individual families like the Ramirez family described above. This makes the issue of immigration even more complex and challenges some of the notions that people have about illegal immigrants.

Public Relations and Issues facing the USCIS

In order to fully enforce and implement the laws established by the government the USCIS must have the assistance of the American public. For this reason public relations is vitally important. The USCIS has to maintain a certain appearance to appease the public. It cannot seem to overbearing or the agency will be accused of lacking compassion for the "huddled masses." At the other end of the spectrum the USCIS cannot be viewed as allowing the American borders to be run over with illegal immigrants with no thought to the effect of their presence in the country.

The main issues facing the USCIS in the future includes ensuring that people living in the United States are in the country legally. The agency will also have to pay close attention to the way that laws are enforced as it pertains to employers. The agency has already begun to do a better job at enforcement but there are additional steps that must be taken to ensure progress well into the future.

There is also the problem of modernization within the USCIS. According to a report published by the United State Government Accountability Office in the past attempts at modernizing the organization have been unfocused ("USCIS Transformation...,2007"). The agency has begun a modernization process that is still underway. This modernization will be necessary to ensure the future success of the agency.

The view of American Citizens on immigration

Now that we have discussed local and federal bureaucracy associated with the issue of illegal immigration, let us focus on the view of American citizens as it pertains to immigration. For the most part many Americans do not have a problem with immigrants who come to the country legally. However, there is a very real issue with those who come here illegally. In many instances Americans feel as if the country is being taken oven and sucked dry by people who are not supposed to be in the United States. Again this is particularly true in places that have seen a large influx of illegal immigrants in recent years.

In recent months the frustration with illegal immigration has become more evident. The current economic conditions and subsequent job losses have caused many to blame illegal immigrants for the lack of available employment. May American feel that illegal immigrants believe that they should go back to their home countries.

On the other hand, there are those that sympathize with the plight of illegal immigrants. They recognize that most illegal immigrants simply come to this country to work and to make a better life for their families. They argue that the real issue is the amount of red tape that exist as it pertains to coming to the country legally.

There is evidence to suggest that the number of illegal immigrants coming in the United States has decreased drastically over the past two years. This reduction is believed to be caused by a decease in the number of construction jobs, an increase in the amount of border security, an increase in the number of raids and the hostility that some illegal immigrants are feeling from American citizens.

Conclusion

The purpose of this discussion was to investigate how the agency that governs immigration in the United States functions in its role.

The research suggest that the USCIS is designed to ensure that the proper immigration procedures are followed. It is also designed to ensure that immigration laws are followed. The research also focused on local and federal bureaucracy. At the local level the hands of many public officials are tied as it pertains to reporting illegal immigrants because they are not required to report illegal aliens. The research also indicates that hospitals and schools are paying an incredible price for the care and education of illegal immigrants. The research also found that managers at every level have to work with one another to ensure the proper enforcement of laws. However, budget restrictions often interfere with the ability of the agency to effectively enforce immigration policies. In addition agencies must work together and share information to guarantee security throughout the country. There is simply not enough resources to ensure adherence to the laws. Immigration enforcement is a complex problem because of the number of illegal immigrants and the human dimension of immigration. The research also suggest that there is a growing negative sentiment toward illegal immigrants as a result of the economic problems that the country is experiencing.

Barbassa, J. April 3, 2007. Kids of illegal immigrants forced to choose when parents deported. Associated Press. Retrieved March 25 from; http: / / www.picocalifornia.org/Files/Bee_Deportation_040607.pdf

Hardy, L. Surrounded by controversy over illegal immigrants, school leaders are sitting silently while marching ahead. American School Board Journal/September 2008

Jervis R. 13 March 2009 Feds to bolster agents on border; Aimed at reducing violence, disrupting cartels in Mexico. USA Today. A01

Colleen Melody. TRADING INFORMATION FOR SAFETY: IMMIGRANT

NFORMANTS, FEDERAL LAW-ENFORCEMENT AGENTS, AND THE VIABILITY OF NON-DEPORTATION AGREEMENTS. Washington Law Review Vol. 83:599, 2008

USCIS Strategic Plan: Securing America's Promise." Retrieved March 25 from; http://www.uscis.gov/files/article/USCISSTRATEGICPLAN.pdf

USCIS Offices. http://www.uscis.gov/portal/site/uscis / menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=476fcf021c599110V gnVCM1000004718190aRCRD&vgnextchannel=2af29c7755cb9010VgnVCM10 000045f3d6a1RCRD

USCIS Transformation: Improvements to Performance, Human Capital, and Information Technology Management Needed as Modernization Proceeds. Retrieved March 25 from; http://www.gao.gov/products/GAO-07-1013R