Illegal Immigration and Terrorism

A large portion of the American population is composed of illegal immigrants. This raises genuine concerns regarding the various economic and social aspects of life in America and creates a feeling of uncertainty for the safety and security of its citizens (Lazarus, 33-47). This reality is well understood by the legislators, who are vested with the difficult responsibility of attempting to balance the vagaries of conflicting political demands. Addressing the concerns surrounding the problem of illegal immigration in this country has historically led to immigration laws that have resulted from political and economic pressure on American lawmakers at all levels of government. All too frequently, the real issues concerning immigrants are misrepresented, and enforcement methods have sometimes been implemented with disparity. Further complicating the issue of immigration is that policy is created at the federal level, and its impact is felt primarily at the local level.

The September 11, 2001, terrorist attacks on the United States not only had a profound impact on the lives of all Americans, but also deeply altered the political discussion over immigration issues. After September 11, 2001, almost everyone on American soil came to realize how vulnerable we are to the surge of anti-American anger worldwide, and most people became sensitized to the concerns surrounding illegal immigration. Although the vast majority of immigrants who violate immigration laws are not terrorists, the perception is that all terrorists are immigrants. Thus, allowing a large undocumented population to remain in the United States creates a sense of unsafety, undermines the foundation of our system of justice, and it “creates a general contempt or disregard for immigration law,” as the Executive Director of the Center for Immigration Studies Mark Krikorian stated on the April 10, 2003, House Committee on the Judiciary Subcommittee (80 IR 539, April 14, 2003). In response to ongoing concerns following the September 11, 2001, attack on the United States, President Bush has signed into law several antiterrorism packages, and his administration has initiated new policies and practices to maximize safety and security in this country. (Cole, 11-22)

The general consensus has been to optimize the concerted efforts of all parts of the immigration enforcement system to ensure that laws are strictly enforced. Thus, the visa process, inspection and patrol at the borders, the interior enforcement of immigration laws, and the immigration courts' practices were revisited and have undergone major transformation, with many functions now coming under the umbrella of the recently created Department of Homeland Security.

OFFICE OF HOMELAND SECURITY AND THE HOMELAND SECURITY ACT

On October 8, 2001, President Bush issued an executive order establishing an Office of Homeland Security and the Homeland Security Council to develop and implement a comprehensive domestic antiterrorism strategy. Subsequently the “office” was elevated to cabinet-level status as a “department.” The new department combined the functions of multiple agencies in the largest government restructuring since the post-World War II era with the stated goal of preventing further terrorist attacks on the United States and minimizing damage if such attack should occur ...