In Focus

U.S. Immigration Policy Post September 11th

The terrorist attacks on America have irrevocably changed the course of American foreign policy and therefore its' policies towards immigration. These strikes, committed wholly by foreign-born hijackers, were the first on American soil since the Second World War and the first attack on the capital since the War of 1812. (1) In response to the two attacks on New York City and Washington D.C. which resulted in a total of 2998 (2) to 3,025 (3) dead (depending on the source), the U.S. government has pushed forward a comprehensive revision of the Immigration and Naturalization Service (INS). On November 25, 2002, President George W. Bush signed legislation creating the Department of Homeland Security (DHS).

The new department headed by Tom Ridge combined about 170,000 federal employees and 22 different agencies, including the INS. The DHS is the most significant transformation of the U.S. government since 1947, when Harry S. Truman merged the various branches of the U.S. Armed Forces into the Department of Defense. The 2004 budget allots a total of $36.2 billion, 7.4 percent more than the 2003 level and over 64 percent more than the FY 2002 level for these activities. (4)

Of the many changes that are taking place within the INS, citizens and nationals of certain predominantly Muslim countries (5) are being forced to undergo new “Special Registration” techniques. The BBC reports that “there are among 82,000 adult males who obeyed a government demand to register with the immigration services earlier this year, on the grounds they come from 25 mainly Muslim countries said to harbour terror groups.” (6) “Special Registration” procedures include significant changes to rules governing visitors and students. Harvard University Professor George Borjas points out in a recent article in the National Review “that 13% of foreign students stay on legally, making a place at an American educational establishment a safer bet for an entry ticket than a 0.5% chance of winning the annual American visa lottery.” (7) This may be changing.

The new procedures now enforce the requirement that student visa holders must report changes of address with the U.S. government within ten days of such changes. In addition, visitors to the U.S. admitted each year under a business visitor (B-1) and tourist (B-2) visas are now forbidden from pursuing a course of study at a school in the United States prior to receiving INS approval of their request. Furthermore, “persons admitted under B non-immigrant visitor status will be able to change their status to that of a student, but only if they stated their intent to study in the U.S. when they initially applied for admission and presented any I-20 forms they may have been issued.” (8)

These special procedures also require additional in-person interviews at an immigration office and notifications to immigration authorities of changes of address, employment, or school. Non-immigrants, who must follow these special procedures, will have to use specially designated ports when they leave the country and report in person to an immigration officer at the port on their departure date. Finally these procedures include fingerprinting, family history documentation and a much more complicated overall process for students, visitors, or businesspeople who originate from selected countries. In a recent article published by the Migration Policy Institute, the author noted, “The number of H-1B visa holders dropped from over 331,000 in FY2001 to approximately 197,500 in FY2002, a decrease of over 40 percent.” (9)

The new immigration procedures, inspired partially by the fact that some of the Al Quada operatives in the United States who led the attacks were living in the U.S. on expired students' visas, faces significant disapproval from human rights groups who argue that it is unlikely that terrorists would take part in a voluntary registration program. (10) On January 22, 2002, “the American Bar Association's International Law and Practice Section released a statement noting its concerns that non-citizens may now be detained in circumstances that infringe upon their rights under the Constitution and international treaties ratified by the United States.” (11)

The new immigration crackdown may unfairly discriminate against law abiding Muslims and limit immigration from the countries included in the “Special Registration” procedures. Huge shifts in American Immigration Policy include the October 26, 2001 inauguration of the USA Patriot Act which gave broad new powers to conduct searches, employ electronic surveillance, and detain suspected terrorists. Further, the atmosphere of national security in the United States has fomented much secrecy. On December 4, 2001, the Attorney General, John Ashcroft, suggested that those who question his policies are “aiding and abetting terrorism.” (12)

An important debate has emerged in America of how to protect the country without obstructing basic research, biotechnology, and higher education. In a recent article in the MIT Technology Review discussing this debate it is pointed out, “Visa delays and denials have already interfered with or caused the cancellation of important international conferences, disrupted careers, and slowed research projects … In the long term, they could jeopardize the nation's research and training programs, which depend heavily on foreign students, and ultimately its economic competitiveness.” (46-47) (13) Regardless of one's position on America's new immigration procedures, what is certain is the deep impact these procedures have had and will continue to have on immigration flows to the United States.

Sources

1. Garamone, Jim, (Sept. 27, 2001) Military, Civilians to Receive Recognition for September 11 Sacrifice. Department of Defense, Washington D.C. link

2. Source: September 11, 2001 Victims Site (updated May 16, 2003)link

3. Source: BBC News

4. Source: Department of Defense link

5. These countries include: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen.

6. BBC News, (June, 10, 2003) “US threatens mass expulsions.”

7. The Economist (Oct., 31, 2002) “The best of reasons”.

8. U.S. Department of State, (April, 8, 2002) “Fact Sheet: INS Proposes Significant Changes to Rules Governing Visitors and Students.” link

9. Maia Jachimowicz. (July 1, 2003) “Report Alleges Abuse of Immigrant Detainees Post Sept. 11” Migration Policy Institute.

10. BBC News, (Jan. 10, 2003) “Immigrants rush to meet US deadline.”

11. The Migration Policy Institute (May, 1, 2003) “Chronology of Events Since September 11, 2001 Related to Immigration and National Security” (p.6)

12. The Migration Policy Institute (May, 1, 2003) “Chronology of Events Since September 11, 2001 Related to Immigration and National Security” (p.4)

13. Daniel J. Kevles (July/August, 2003) “Biotech's Big Chill” MIT Technology Review (p.46).

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