I. ORGANIZATION (p. 6)
a) Agencies Involved (Former INS)
i) 3 DHS Bureaus –can veto a Dept. of State (consular) decision to issue visa, but cannot review decision not to issue; managed by Director of Shared Services
(1) Customs & Border Protection (CBP)
(a) exterior: inspectors/inspection; independently reject
(2) Immigration & Customs Enforcement (ICE)
(a) Interior enforcement; investigation
(3) Citizenship & Immigration Services CIS
(a) Adjudication; app for benes (work visas, etc.)
(i) offices in US & abroad
(b) Independent CIS Ombudsman
(i) Deals problems people & CIS
ii) DOJ
(1) Exec Off for Imm Rvw (EOIR)
(i) immigration judges
(ii) Board Imm Appeals (BIA) (bind imm judges)
(iii) Chief Administrative Hearing Officer
1. hearings for unauth emp of noncitizens
2. AG fines/punish for non—imm individs or biz (such as under IRCA) for undoc workers or discrimin for nationality
(2) AG
(a) review BIA decisions; binding on DHS and immigration judges.
iii) DOL
iv) Department of State – visas for non-USC
(1) passport
(2) consulate
v) Department of Health & Human Services
(1) deals w/ unaccompanied noncitizen children
(2) health grounds inadmiss
b) Statutes – almost entirely federal law : “mirror of past Congresses fears”–INA of 1952 and DOS, DOL, DHS regs
II. Constitutional Considerations
a) Shaughnessy (1953): OK exclude entrant alien w/o hearing; no AG duty to disclose why
b) Zadvydas (2001): in removal proceeding parole if detention > 6 mos; rebuttable by gov
c) Clark v. Martinez (2005): same rule of parole for inadmissible aliens
d) Demore v. Hyung Joon Kim (2003): Pre-trial detention OK ‘cause usually <6 mos, and right to habeas petition of SC
STEP ONE: ANYONE A CITIZEN? CAN IT BE TRANSMITTED TO SOMEONE ELSE? HAS ANYONE EFFECTIVELY RENOUNCED?
III. Citizenship and Naturalization
a) Citizenship by Birth
i) jus soli—place of birth
(1) child born on U.S. soil becomes a citizen when born,
(a) Some children become U.S. citizens automatically, or “derivatively,” through their parents’ naturalization.
(b) (Indicate Source is Website) If parents naturalize on or after February 27, 2001, a child will become a U.S. citizen derivatively as soon as all of the following things happen:
1. the child is under 18 years old;
2. the child is or becomes a permanent resident;
3. a parent of the child is sworn in as a naturalized U.S. citizen after February 27, 2001; and
4. the child lives with and is in the legal custody of the parent who became the U.S. citizen.
If parents naturalized, before February 27, 2001, to become a U.S. citizen derivatively the laws were the same as above, except that if the child lived with both of his parents, both parents had to become naturalized U.S. citizens
