US Immigration Policy : Customs and Border Protection

1 US Customs and Border Protection US Immigration Policy In the article written by Kerwin (2018), there is a recognition of the fact that the state of US immigration policy has become one of the most divisive subjects in the country’s recent history. This situation has been brought about by the immigration policies adopted and utilized by the Trump administration. Even though his administration has come under scrutiny for the manner in which it has developed and applied its immigration policy, it can also be acknowledged that the said policies are, in some cases, useful for the country. In the following sections of this essay, there shall be an analysis of the current immigration policy in the USA. In addition to this, there will be a consideration of the extent to which the current immigration policies can be improved so that they can be more beneficial to the country.

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Indeed, as the text by Kerwin (2018) implies, one cannot understand the current state of American immigration policy without paying attention to the policies which have been championed by president Trump. An example of the policies which created widespread debates not just in the country but across the world was Trump’s policy of separating children from their parents at the US-Mexico border. When this policy was adopted and applied, there were protests across the country, with several factions arguing that, even if there was a need to protect the country, this did not have to be carried out in a manner that placed vulnerable people in danger.

Such a policy provides a good entry point not only in understanding the current state of US immigration policies, but also what the sentiments of Americans are with respect to the said policies.

Overall, the official US immigration policy is that America continues to reap numerous benefits from opening its doors to immigrants and asylum-seekers and students and skilled employees contribute to the country's growth and development. Even so, there is an acknowledgment of the fact that, in order to ensure that the country is able to meet its obligations to its citizens, then there will be a need to develop strict guidelines to govern which people get access to the country and in what circumstances. One of the most important immigration policies is the family unification program. Here, as Kerwin (2018) notes in his work, the concept of family unification is an important principle in the country's immigration policy. In the typical case, a US citizen is usually allowed to bring certain family members to the country to strengthen the family unit. Notably, family-based immigrants can generally get admitted into the country either as immediate relatives of US citizens or through what is referred to as the family preference system.

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The other American immigration policy of significance concerns employment-based immigration (Pierce et al., 2018). In this case, one can either use the temporary visa system or the permanent immigration system to ensure that they are able to participate in the country’s workforce. Relatedly, students also have the opportunity to participate in the temporary visa program, which allows them to conduct their studies. There is also the opportunity for one to be allowed residency in the country through the asylum process. In line with international law practices, the US typically allows asylum seekers and other vulnerable nationalities into the country.

As was mentioned in the introductory section of this essay, the status of immigration policy has undergone numerous changes since the beginning of the Trump administration in 2016. During the course of his presidency, President Trump has championed the development of proposals whose key function is to shift the immigration system of the nation from placing its emphasis on family unification and employment-based migration towards a system which is more focused on the obtaining of points (Pierce et al., 2018). In this system, the people who will be prioritized are those will have certain educational and professional credentials. In this regard, then, in order for a person to be deemed suitable to immigrate to America, they have to earn it.

There are several ways through which the USA can improve its immigration policy. The first way is through eliminating the zero-tolerance policy which is currently effected at the border (Waslin, 2020). In doing so, there will be the prevention of two dire situations. The first situation which will be prevented is ICE detention, where individuals are forced to wait for their immigration court cases to be resolved in their favour. Critics of ICE argue that treating people in this way amounts to a derogation of internal law principles.

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The second situation which will be prevented is related to ORR shelters. Under these shelters, children who were able to cross the border unaccompanied by family members are sheltered until such a time that they can be placed in the custody of a person who elects themselves to be a sponsor ((Waslin, 2020). In the usual case, the person who becomes the child's sponsor is a family member who lives in the USA. These two strategies have been criticized for limiting the full dignity of those who find themselves caught up in the country’s immigration laws. In order to reform the country’s immigration policy and practice, it will be necessary for the relevant stakeholders to pay attention to these two areas.

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