Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues

[Excerpt] This report discusses existing visa programs for temporary lower-skilled workers, including regulatory changes since 2008. It covers legislative efforts to reform current programs and to create new guest worker visas. It further identifies and explores key policy considerations to help inform congressional action on guest worker programs

Arguments for exception in US security discourse

In his influential State of Exception, Giorgio Agamben proposes that, even in apparently liberal western democracies, the state will routinely use the contingency of national emergency to suspend civil liberties and justify expansion of military and police powers. We investigated rhetorical strategies deployed in the web pages of US security agencies, created or reformed in the aftermath of the 9/11 events, to determine whether they present argumentation conforming to Agamben’s model. To expose rhetorical content, we examined strategies operating at two levels within our corpus. Argument schemes and underlying warrants were identified through close examination of systematically selected core documents. Semantic fields establishing themes of threat and danger were also explored, using automatic corpus tools to expose patterns of lexical selection established across the whole corpus. The study recovered evidence of rhetoric broadly consistent with the logic predicted by State of Exception theory, but also presented nuanced findings whose interpretation required careful re-appraisal of core ideas within Agamben’s work

Immigration: Visa Security Policies

[Excerpt] The report opens with an overview of visa issuance policy. It then explains the key provisions that guide the documentary requirements and approval/disapproval process. The section on consular screening procedures includes an analysis of trends over time in denying visas. Visa revocation, a reoccurring issue of concern to Congress, and the visa security program are discussed as well

Immigration Enforcement Within the United States

[From Introduction] An estimated 11 million unauthorized aliens reside in the United States, and this population is estimated to increase by 500,000 annually. Each year, approximately 1 million aliens are apprehended trying to enter the United States illegally. Although most of these aliens enter the United States for economic opportunities and family reunification, or to avoid civil strife and political unrest, some are criminals, and some may be terrorists. All are violating the United States’ immigration laws

Seek Justice, Not Just Deportation: How to Improve Prosecutorial Discretion in Immigration Law

Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there are eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied and lacks transparency. This Article suggests a remedy – that the immigration prosecutor’s role should redefined to be one more akin to criminal prosecutors with a concomitant obligation to seek justice. Others have argued that DHS prosecutorial discretion should be subject to notice and comment rulemaking and a presumption of judicial review. However, if prosecutorial discretion is to remain a solidly executive branch prerogative to counter legislation painted with too broad a brush (a defect of almost all legislation) and a mechanism to prioritize individuals for deportation, such as violent repeat criminal offenders, it should be shielded from rulemaking and a presumption of judicial review

The Laws of Agency Lawyering

The great variety of agency rules governing lawyers raises interesting questions that are worth exploring. This Article begins that exploration. Part I lays the groundwork by briefly examining how the ABA Model Rules treat regulatory lawyering to raise the question of what regulatory gaps the agency rules might be expected to fill. Part II sets forth several possible theories of agency rule variation. Part III compares agency rules along a number of dimensions, examines some similarities and differences across agencies as well as between the agency rules and the Model Rules, and offers speculations about what may be driving the differences that exist

FEMA's Integration of Preparedness and Development of Robust Regional Offices

In October 2006, Congress enacted major legislation to reform the function and organization of the Federal Emergency Management Agency (FEMA) in response to the recognized failures in preparation for and response to Hurricane Katrina. The Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA) focused national preparedness responsibilities within FEMA and directed additional resources and responsibilities to FEMA's ten regional offices. Directed by Congress, in October 2008 a National Academy Panel began an independent assessment of FEMA's integration of preparedness functions and progress in development of robust regional offices.Main FindingsOver the past three years, FEMA has taken significant steps in an effort to integrate preparedness and develop more robust regional offices. These efforts, undertaken by both the previous and current Administrations, are documented throughout this report and should be recognized and applauded. However, FEMA has yet to define specific goals and outcomes that would permit it, Congress or the public to determine when preparedness has been fully integrated into all aspects of FEMA's work and whether the development and ongoing operation of robust regional offices has been achieved. In the absence of well-defined, measurable outcome indicators, the National Academy Panel relied upon the assessments of FEMA leaders and staff, documentation provided by FEMA, and a review of secondary sources material to inform its findings and recommendations. Based upon this evidence, the Panel has concluded that, while progress has been made: (1) preparedness is not fully integrated across FEMA, (2) FEMA's regional offices do not yet have the capacity required to ensure the nation is fully prepared, (3) stakeholders are not yet full partners with FEMA in national preparedness, and (4) FEMA has ineffective internal business practices, particularly with regard to human resource management. The Panel made seven recommendations for FEMA:Establish a cross-organizational process, with participation from internal and external stakeholders, to develop a shared understanding of preparedness integrationEstablish a robust set of outcome metrics and standards for preparedness integration, as well as a system to monitor and evaluate progress on an ongoing basisWork to eliminate organizational barriers that are adversely impacting the full integration of preparedness across the agencyContinue to build regional office capacity and monitor implementation consistent with the Administrator's recent policy guidanceUndertake steps to improve the ongoing working relationship between headquarters and the regions in accord with Panel-identified principlesTake steps to improve stakeholder engagement and relationships at all levels in accord with Panel-identified principles; andStrengthen internal business practices, especially in the area of human capital planning

THE SOCIOECONOMIC IMPACT OF DHS GRANT FUNDING

Every year, the Department of Homeland Security (DHS) allocates billions of dollars to preserving the safety of the United States. The traditional view of homeland security suggests that fighting terrorism is the key to success, but what does DHS do to carry out its other mission areas and impact the human security of this country? How does DHS leverage these billions of dollars to impact the economic prosperity and resilience of communities? This thesis sought to determine to what extent grants administered by DHS had a socioeconomic impact on communities. It also examined whether socioeconomic vulnerability should be factored into DHS’s grant funding distribution decisions. Using a geospatial analysis of publicly available grant data and the American Community Survey, this research found that between 2011 and 2020, there were no substantial impacts on the socioeconomic demographics in areas where DHS grant-funded activities were performed. The data analysis found that, overwhelmingly, DHS obligates its non-disaster grant funds to a very small number of zip codes throughout the homeland and that most communities do not see consistent investments in their areas. Executive Order (EO) 13985 answers the question of whether DHS should consider using its grants to advance equity and access to its programs, and this research presents areas in which DHS could further the goals of this EO by implementing the use of socioeconomic indicators in the allocation of some of its programs.Civilian, Department of Homeland SecurityApproved for public release. Distribution is unlimited

Climate Change Adaptation: What Federal Agencies Are Doing

Summarizes federal agencies' selected initiatives and strategies for limiting the adverse effects of unavoidable changes in the climate, programs and institutional mechanisms, and tools and resources such as indicators and informational Web sites

Lessons Learned, Lessons Lost: Immigration Enforcement\u27s Failed Experiment with Penal Severity

This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away from severity and toward harm reduction, this article suggests that the criminal justice system has been more proactive in compensating for its excesses than the immigration enforcement system and discusses the reasons why