Immigration Law and Border Control
Part A
1) Why do nations control immigration?
Nations control immigration so as to make sure that the right people are permitted to enter the country and the wrong people are barred from entering the country. The decisions as to who is the right or wrong person to enter the country are the prerogative of the governing body that has been tasked with the duty of executing and regulating the immigration services.
2) Why do nations control their borders?
Nations control their borders so as to facilitate the flow of legal immigration thus restricting illegal immigration. Border control also serves to prevent terrorists and illegal weapons, encompassing weapons of mass destruction from entering a country. Notably, border control also prevents human trafficking and unlawful trafficking of contraband.
3) What could happen to a nation that had none of these controls?
A nation that had none of these controls is at risk of terrorist attacks. Lack of such controls could make it easy for criminals and illegal weapons to enter a country and thus make citizens prone to terrorist attacks (Scaros, 2007). Lack of such controls could also facilitate the increase of illegal activities, such as human trafficking and peddling of illegal drugs and contraband goods.
4) What document makes the Federal Government supreme in laws affecting immigration?
The Immigration and Naturalization Act
5) Can states create immigration policies?
Yes. States can create immigration policies. Whereas laws that pertain to immigration originate from the federal government, which has the only authority to award green cards, visas and nationality, states are allowed to create laws and rules for particular state activities related to immigration. Normally, these state laws pertain to education, licensing, employment, and state benefits.
6) Explain the function of the BIA. (NOT the Bureau of Indian Affairs)
The Board of Immigration Appeals (BIA) is the highest administrative body and it works to interpret and apply laws pertaining to immigration. The BIA usually completes a documentary evaluation of multiple kinds of decisions issued by district directors of Department of Homeland Security or immigration judges that have been appealed by immigrants ((Scaros, 2007). A majority of the appeals considered by the BIA pertain to orders of removal or the application for relief made by an immigrant from an order of removal (Justice, 2019). Furthermore, the BIA considers cases that involve the barring of immigrants from applying for admission to the United States, fines for infringing laws of immigration, and motions to reconsider and reopen.
7) Explain the INA.
The Immigration and Nationality Act (INA) is a law that came into operation in the year 1965 and it committed the US to readily accept immigrants from different countries without discrimination ((Scaros, 2007). This law revoked national origin quotas that were established in the 1920s, and that set aside most of the immigration visas for European immigrants.
8) What event has most influenced attitudes toward immigration law and border control in the 21st Century?
The 9/11 attack
9) Name two famous “Americans” born in other countries. (Which country?)
• Arnold Schwarzenegger-his country of origin is Austria, and he immigrated to the US in the year 1968 and became a citizen of the country in the year 1983.
• Robyn Rihanna Fenty-Her country of origin is Barbados.
10) Explain the difference between “emigrant” and “immigrant.”
Emigrant denotes to an individual who leaves his/her nation with the purpose of settling in a foreign country permanently while immigrant denotes to an individual who has arrived into a foreign nation with the intent of settling there permanently (Scaros, 2007).
Part B
What’s the best way to get Katerina a visa to live in the U.S. ?
The best way is for Katerina to apply for a non-immigrant visa from the US Consulate in Canada. This is because Katerina is still a student in Canada, and the intention is to not live in the US permanently at the moment.
What issues do you foresee?
There is a possibility of Katerina having to consider getting an immigration visa as she may decide to marry her soul mate. Katerina may also become an illegal alien, if she overstays and fails to renew her visa.
References
Justice, U. D. (2019). Board of Immigration Appeals Practice Manual (Revised: October,
2018). Morrisville, NC: Lulu.com.
Scaros, C. (2007). Learning About Immigration Law, (3rd ed.). Clifton Park, NY: Delmar,
Cengage Learning
