Legal Global Issues

Abstract

This study addresses legal and policy issues that affect higher education in the United States (U.S.), in particular the policy and legal implications of immigration after the September 11, 2001 terrorist attacks (9/11). We will also be discussing the Act that has been changed than what it was before 9/11.

Table of Contents

Abstractii

Analysis of the Issue1

Proposed Solutions3

The Immigration Reform and Control Act of 19865

Terrorism Act of 2001 (USA Patriot Act)5

The Enhance Border Security and Visa Entry Reform Act of 20026

Homeland Security Act of 20027

References8

Legal Global Issues

Analysis of the Issue

Prior to September 11, 2001, the U.S. warmly welcomed foreign students and scholars who desired or possessed an interest in American higher education. The primary reason foreigners came to study, teach, and conduct research in the U.S. was worldwide recognition of the quality and reputation of U.S. higher education and its many institutions. On the one hand, American colleges and universities have historically treated foreign students and scholars well. And, on the other hand, many foreign students and scholars who remained in the U.S. after completing their studies have made significant contributions to American society, and thus have served the U.S. well (Vladeck 2010).

The post-9/11 world, however, represents a new era in terms of the relationships between U.S. institutions and foreigners coming to this country. Because several of the 9/11 terrorists entered the country on or held student visas, the genuine foreign student or scholar today is finding that the U.S. may no longer be that hospitable educational host it was pre-9/11. In particular, the enactment of numerous laws, regulations, and institutional policies has made studying, teaching, and/or conducting research in the U.S. more difficult and, at times, almost impossible for the foreign-born. Since 9/11, the U.S. government has changed immigration laws and policies so frequently that the general public, foreigners, and immigration practitioners alike have had a formidable task in trying to decipher the rationale and/or justification for all the changes. Even the U.S. Ninth Circuit Court of Appeals recently commented, “The proliferation of immigration laws and regulations has aptly been called a labyrinth that only a lawyer could navigate (Blum & Heymann 2010).”

The primary responsibility that remains under the U.S. Attorney General is overseeing the Board of Immigration Appeals (BIA) and the Executive Office for Immigration Review (EOIR), as well as serving as lead prosecutor for immigration matters. Figure 1 provides an illustration of the immigration-related organizational structures in the U.S. before and after 9/11. Once a foreigner obtains a visa abroad and arrives in the U.S. to seek entry, the responsibility then turns to a USCBP officer for immigration inspection. The USCBP has the exclusive responsibility of inspecting visas and admitting aliens. They determine whether admission will be granted and, if so, for what period of time. The length of stay is at the discretion of the examining officer at the port of entry (Moore & Turner 2010).

It is important to understand that these two federal agencies and their applicable regulations control the activities of foreign students ...