Capstone Project on "model immigration law"

Capstone Project 11 pages (3333 words) Sources: 0 January 31, 2017

[EXCERPT] . . . .

Immigration Law

A General Statement

This model of immigration law appreciates that our nation upholds the rights and dignity of everyone person regardless of their origin, language or race. Nonetheless, while foreigners are welcome to this nation, their immigration into the country shall be lawful and in accordance with all relevant laws concerning immigration. The following eight principles will support the policy:

• The tradition of the country as a nation that is welcoming to people from all backgrounds shall continue. The nation shall also continue the role it currently shares with other well meaning nations as a place people fleeing conflict or oppression can seek refuge.

• The country shall put in place robust legal regulations that shall guide immigration. This shall help the country in times of huge influx of immigrants, when there is need for expedited processes and in the strengthening of enforcement policies and practices. The legal parameters must be line with human rights including individual freedom and privacy.

• The country shall continue to foster good relationships with neighboring nations and the policies put in place shall not stir conflict or harm existing relationships.

• The country shall continue to appreciate that people moving in has helped the nation just as much as it has helped those coming in. This appreciation shall however not be seen as a way to encourage immigration through unlawful means or processes.

• The country appreciates that immigration brings both negative and positive effects into the country and such effects may affect some areas more than others. Action shall therefore be taken to ensure that there is a fair distribution of the effects of immigration in the country. These actions shall be taken by Federal Government agencies alone or with coordination with state agencies.

• In order to help those who immigrate to assimilate into the society quickly, policies shall be put in place to help immigrants become self-dependant as fast as possible so that the nation reduces the number of immigrant's dependant on welfare.

• Finally, the country shall appreciate that refugee and conflict problems require international cooperation and solutions. The administrations shall therefore seek the help of the international community in resettling those from conflict areas and also help in rebuilding their home countries so that they may return to their normal lives.

Enforcement of the policy

The primary jurisdiction for overseeing the implementation and enforcement of this policy shall be enjoyed by the nation's Immigration Body and be guided by the codes and laws governing immigration and illegal entry.

Responsibilities of law enforcers

Law enforcement agencies throughout the country shall be required to fully cooperate with the Immigration Body as pertains to the arrest of those suspected to have immigrated into the county illegally.

Where there is person who is in the country in violation of immigration laws, law enforcement agencies shall take the following actions:

• Verify the person's legal status as an illegal immigrant, legal immigrant or citizen. The process of verification may involve the person being questioned about their place and date of birth, date of entry into the nation and producing the legal status' documentation to authorities on demand.

• Notify the individual of their apparent status as an illegal immigrant and inform them that they have to obtain legal status in the country voluntarily or face deportation.

• Notify the state's Attorney General as well as the Federal Immigration Body of the individual's apparent illegal status and give any further information relevant state and federal bodies shall request.

The immigration laws put in place shall expressly prohibit administrative or legislative bodies in a city or county with a jurisdictional boundary, or a local law enforcement agency preventing or limiting their cooperation as required by the law.

Responsibilities of Individuals, Corporations and State Entities

An individual who has knowledge of potential violation or a violation of the provisions of the immigration laws or policies adopted as a result of the law shall submit a complaint to the local immigration office indicating the residential, employment or business of the potential violator or violator, and detail the nature of their violation stating the time, date and place of the violation or potential violation.

Designated immigration employees and officers as well as those officers on duty shall strictly enforce the immigration laws adopted and make arrests for violations of harboring or smuggling of illegal immigrants.

Local and state officers shall have the power to do an investigation and make an arrest upon violation of federal immigration laws and statutes even before they inform or get approval from the federal Immigration Body. There will be "no extant federal limitation" on such authority.

Local law enforcement and Immigration officers may hold an individual in detention for a short interrogation without a warrant where the prevailing circumstances arouse suspicion that the individual resides in the country unlawfully. Facts that might arouse suspicion include the individual being evasive, behaving erratically or nervously, having speech or dress that is indicative of a foreigner or being in a place that is known to harbor illegal aliens.

Before entering residences or places of work, immigration officials must first get a warrant or seek express permission from the business or home owner.

An immigration officer shall seize any vehicle transporting or harboring illegal persons or taking part in an operation that is meant to facilitate the entry of illegal aliens into the nation. The vehicle shall be subject to forfeiture and the power of forfeiture shall cover all conveyances that operate within the borders of the country.

A private citizen can initiate a civil suit to get an injunction and recover damages from an enterprise that is conspiring to violate or actually violating federal immigration laws and guidelines by harboring or smuggling illegal aliens or processing fake documentation for such persons or their agents. This shall also extend to organizations that fail to report income and tax thereof for their illegal immigrant employees or make such payments using fake identities and social security numbers.

Sanctions for the violation of this policy

Consequences of an Improper Entry

An individual who enters the country with no express permission of an immigration officer or authority is inadmissible. This is to say that if the individual became eligible for an immigration status, they will not be eligible to adjust their status while in the country. The individual can redeem the situation by leaving the country and applying from a foreign land. This is the case if the person had been in the country for less than six months. If the individual had been inside the country for six months of more, they face a different inadmissibility problem grounded on "unlawful presence" inside the country.

If a person was subject to deportation because they were convicted of an aggravated felony other than them entering the country illegally, then improper entry constitutes an aggravated felony. Aggravated felonies present a huge problem because they bar an individual from almost all benefits of immigration and are subject to deportation.

Criminal Penalties

The first illegal entry attracts a fine or imprisonment for a maximum of six months, or both. A subsequent offense attracts a fine or imprisonment for a maximum of two years, or both.

Where the penalties are not sufficient to prevent unlawful entry, there shall be additional provisions that will punish reentry for persons that had been deported on an earlier occasion for committing a crime. Such provisions include:

• A person deported after a conviction of 3 or more misdemeanors involving crimes against an individual, drugs, or both or on committing a felony (except for an aggravated felony), shall be liable for a fine or imprisonment for a maximum of ten years, or both.

• A person deported for a conviction of committing an aggravated felony shall be liable for a fine or imprisonment for a maximum of twenty years, or both.

• A person deported on security grounds shall face a fine or face an imprisonment term for up to ten years, where the sentence shall not in any circumstance run concurrently with another sentence.

• A non-violent offender deported before serving their full jail term shall be liable for a fine, imprisonment for a maximum of ten years, or both. Furthermore, a person deported before the completion of their jail term, can be put away for the remaining duration of the jail term, without the term being reduced on supervised release or parole.

Civil Penalties

Entering or attempting to enter a place other than the designated immigration offices carries other civil penalties. The amount shall be not less than $50 and at most $250 for every entry or attempted entry. The amount shall be doubled if the individual has previously incurred a civil fine for a similar violation.

Punitive measures for employers

Employers carry some responsibilities under the immigration law. An employing body shall modify employee responsibility provisions according to the specific job descriptions of the officers under its supervision. Other responsibilities of the employer include:… READ MORE

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