Franklin D. Roosevelt once said, “Remember, remember always, that all of us are descended from immigrants and revolutionists” (Roosevelt, 1938, p. 259). America has always prided itself on being a nation of immigrants. Worldwide, people have migrated to the continent since the Norse Vikings explored the North American coast in the 11th century. They continue to come here to this day. Over time, the United States has become known as the “land of opportunity,” where anyone who makes a committed effort can prosper—an idea commonly known as The American Dream.
As the nation grew, so did instances of conflict with new arrivals. To restrain the political and social tension resulting from the influx of immigration, laws were passed in 1882 that made it progressively more difficult for people to immigrate to the United States. These restrictions on immigration have resulted in a situation where many more people want to come to the United States than there are visas available. More than 35 million foreigners enter the United States each year (80 IR 1230, August 19, 2002), and hundreds of thousands of them enter illegally, in spite of restrictive immigration laws.
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 unsafely, 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. (Roosevelt, 1938)
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 (79 IR 897, June 10, 2002). On November 25, 2002, President Bush signed into law the ...