Immigration & Customs Free Essay Samples & Outline

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SAMPLE ESSAY ON IMMIGRATION & CUSTOMS ENFORCEMENT AGENCY


Abstract

The United States immigration and customs enforcement can be described as a federal agency that is mandated with the enforcement of federal laws that are intended to govern border control, customs, trade and immigration in the borders of the United States. The Immigration and Customs enforcement is responsible for the detention of aliens that are found in the country illegally. However, in recent times, it has come under the scrutiny of Human rights watch groups that have claimed that its systems are fundamentally redundant and that they are nothing of what they should be. This prompted this research in order to understand indeed whether the detention facilities have the deplorable conditions that have been described by some human watch groups.

Introduction

The United States immigration and customs enforcement can be described as a federal agency that is mandated with the enforcement of federal laws that are intended to govern border control, customs, trade and immigration in the borders of the United States. The United States immigration and customs enforcement was also created in a bid to ensure that it is able to promote public safety as well as homeland security.

The United States immigration and customs enforcement has two primary components and they include Homeland security investigations and enforcement and removal operations (ERO). The mission of the United States immigration and customs enforcement also involves the identification, arresting and the removal of aliens that represent a danger to national security or are a risk to public safety, and those that enter into the enter the United States in an illegal manner or otherwise they undermine the integrity of our immigration laws as well as the border control efforts.

The branch of Enforcement and removal operations (ERO) is important and it upholds America's immigration law at and within the America's borders through the efficient enforcement as well as removal operations. The ERO is supposed to enforce the nation's immigration laws in a fair as well as effective manner. It is supposed to lead in the identification and apprehension aliens and detain these individuals when it is necessary and remove these illegal aliens from the United States.

It is of the essence to note that the ERO often prioritizes the arresting and removal of convicted criminals as well as those that pose a threat to the national security of the United States. However, in the past there have been some issues regarding the detention of citizens, the conditions of the existing facilities and whether the law is followed to the letter in the detention of these immigrants and illegal aliens.

Problem Statement

The ICE enforcement and removal operations (ERO) often manage and oversee the national civil immigration detention system. The ICE is given mandate by the constitution to detain the illegal aliens and the detainees are often placed in ERO custody represent virtually every country in each of the countries of the world, those with various security classifications, both genders and the different medical conditions that range from healthy to the terminally ill.

It is of the essence to understand that the Non-U.S citizens that are apprehended and determined to need what is referred to as custodial supervision are often placed in several detention facilities. It is of the essence to understand that the ERO often looks at the processes and it effectively monitors the detained and non-detained cases as they move through the immigration court proceedings to a reasonable conclusion (LeMay, 2013). It is at this point that the ERO goes ahead and it executes the judge's orders.

However, of late there have been several issues regarding the detention of non-citizens and the way they are treated in the detention facility. It is imperative to understand that the Immigration and Customs enforcement houses a daily average of around 29,000 detainees in over 250 facilities that exist in the United States (LeMay, 2013).

There are various type of detention facilities such as the service processing centers, state and local jails as well as contract detention facilities (LeMay, 2013). There are some persons that have argued that some of the detention facilities are not up to par and that some of the detainees often face inhumane conditions in these detention facilities. This paper is going to explore some of the conditions that exist in the detention facilities, the death of several people in detention and whether indeed these detention facilities are humane.

Purpose Statement

The United States administration has often vowed to overhaul the immigration detention and has promised to create a more humane treatment as well as accountability. There have been several persons that have died because of the harrowing treatment under the custody of the United States immigration and customs enforcement (LeMay, 2013). However, the situation regarding the conditions of the detention facilities and the handling of the illegal aliens continue to be a major issue in the United States. Therefore, by exploring these conditions and the handling of the aliens it is possible for the monitoring of the situation at the facility and consequently understand what truly is going on these detention facilities.

Research Questions

There are several research questions that will effectively guide this experiment and make sure that it goes in the right direction and fulfill its objectives and thesis.

Q1. What are the conditions that exist in the detention facilities?

Q2. What are some high profile deaths that have occurred in the detention facilities?

Q3. Is the ERO carrying out its mandate in the right manner by detaining the individuals and sometimes mistreating them?

Key Points Addressed

There are several key points that are addressed in this research paper. They include

P1. The existing conditions of the United States immigration and customs enforcement owned detention facilities

P2. The deaths and injuries that have occurred to immigrants while they are in these detention facilities either as a result of mishandling by the United States immigration and customs enforcement officials or because of the existing conditions in the detention facilities.

P3. The current efforts that are being carried out at the Federal government to try and improve the conditions that exist in the detention facilities and also the handling of the illegal aliens in the detention facilities.

Proposed Methodology/Research Strategy

There will be the use of a mixed method of both qualitative and quantitative methods in this research paper. The qualitative methods will be based on the interviews and the information from the different spheres. On the other hand, it is of the essence to note that quantitative methods on the other hand will be pivotal in order to understand the underlying effects of the problem and whether the issue of the conditions that exist in the detention facilities is either systemic or it is a problem created by the current leadership.

This paper is going to utilize both primary and secondary resources. Primary resources will include interviews with several specialists that are concerned with the workings of the Immigration and customs enforcement agency. The interviews will be structured, and they will involve the use of several pre-determined questions in order to ensure that they can be able to ensure the uniformity of the answers.

Further, there will also be the use of questionnaires in the different ICE departments in order to get a glimpse of the different exercises that goes on in their detention facilities. The secondary resources on the hand will include the Immigration and customs enforcement agency website, literature on the conditions and handling of the aliens and different functions of the ICE as well as information from interviews with several ICE workers. This literature will be collected but not limited to magazines, journals, newspapers, books, blogs and Websites.

Assumptions

There are assumptions that will be made in this research paper, the first is that the articles that are reviewed give an accurate description of the conditions in the ICE detention facilities and that the interviews that were carried out by the research team were extremely accurate in the description of the different events and situations in the ICE detention facilities.

Scope

The Human rights watch group has put the ICE under its radar for what it refers to as human rights violations in the detention facilities that are owned and operated by the ICE (Hayes, 2012). In fact, over the last few years there have been several people that have died in these detention facilities and consequently, it can be argued that indeed there is an issue brewing in this sector and it needs to be taken into account in a quick manner in order for it to be solved in an efficient and effective manner. Therefore, this paper will examine these cases and look at the conditions that the Human rights watch groups have labeled as hostile and downright inhospitable.

Limitations

There are several limitations that occurred in relation to this study. Firstly, there was inadequate knowledge and information regarding the detention facilities and this is because they are not well documented and their access is often denied and limited. Further, there was also another limitation in that most employees in the ICE were not comfortable when it came to discussing matters relating to the ERO and they feigned ignorance in such matter (McWhirter,, 2006). This therefore, made it hard for the research team to find accurate results in a relation to the detention facilities and the handling of the aliens in these facilities at large.

Discussion

American have for a long time known that the government has been running what can be described as secretive immigration prison where detainees have often disappeared and their grave illness and most of their injuries untreated. In fact, the fate of these aliens are often undisclosed until after their early as well as unnecessary deaths. After the sourcing of several literature relating to this issue by several journalists, the matter has come to light and how the government is strenuously trying to cover up for the failings.

Read also about the US Immigration Agency

The government together with the ICE has been known to keep lawyers in the dark, the deflecting of blame, and fighting outside as well as oversight transparency (Cornelisse, 2010). According to digging by The Times as well as the American Civil liberties Union it was found out that the conditions in the detention centers were deplorable. The research team interviewed one member of the staff that argued that the detainee that killed himself had a broken leg and his pain became unbearable and consequently after not receiving medical care, he decided to kill himself.

There was one case that was cited by many staff officials during their interviews and questionnaires. This was the case of a Chinese computer engineer that was dragged from the Rhode Island Immigration jail and he was continuously mocked by guards and he screamed in pain from the undiagnosed cancer as well as a broken spine (Olshansky, 2010). The Chinese computer engineer eventually died. Another detainee was held for almost two years in a California detention center and he was denied a biopsy for what can be described as painful penile lesions. The government doctors suspected the cancer required the amputation of the penis but they did nothing towards the effect, the cancer spread extremely fast and the alien died.

Some of the detention facilities are in deplorable conditions, for example, the death of Dominguez Valdivia who was detained for two months and a half at the Adelanto immigration. This was detention complex built to house convicts and in the year 2011, it was contracted by the ICE to house immigrants into two wings east and west (Cornelisse, 2010). However, the detainees that were interviewed in this research paper argued that the East wing had leaking as well as broken pipes. It is this place where Valdivia was forced to stay while he was fighting bronchitis while at the same time not receiving medical attention. It is in the hospital that the bronchopneumonia spread into the blood stream and consequently caused a multi-organ failure.

It is of the essence to understand that the U.S office of detention oversight found that indeed that the death of Dominquez came as a result of the poor living conditions inside the detention complex and could have been avoided. However, despite this problem, there are other detention centers around the country that have leaking pipes, leaking roofs and even sub-standard toilets that causes a hygiene nightmare. It is of the essence to understand that there have been over 130 deaths that have occurred since the year 2003 in the over 250 detention centers for immigrants in the country (Meeropol, 2005). The conditions of these detention centers have been effectively blamed when it comes to the death of these persons as well as the lack of medical attention in these facilities.

According to an investigation by Detention Watch Network none of the 250 detention centers that exist in the United States can be able to effectively guarantee the detainees basic medical care or even the adequate protection against physical and sexual abuse. Further, these detention facilities do not guarantee enough contact with the outside in order to preserve their families and consequently prepare their legal defense. Further, there have been cases where there have been the rationing of meals, leaking pipes and beds full of crawling insects.

These conditions are extremely unacceptable and consequently there is a need to something in order to change this situation (Bosworth, 2014). There are two main problems that have led to the persistence of this problem and they are the ones that are supposed to be tackled by legislation they include the fact that there is lack of independent oversight and the fact that the detention centers do not apply the same standards as those stipulated in the contract.

The government has since promised to remedy the situation and promised a top-to-bottom reform of the immense detention system that was erected in a sloppy haste during the Bush years. It is of the essence to understand that the detention system was put up by largely private contractors that had a dim regard for oversight and standards (Bray, 2013). The leader of the Immigration and Customs enforcement has introduced plans that are intended to create a system of civil detention that will be suitable for inmates that are not criminals.

Findings/Conclusions

The research has found out that indeed that there is mistreatment of the inmates and there are deplorable conditions in the 250 detention facilities that exist in the United States. There are some of the detention facilities that are leaking while others should be out or order but are currently being used. The medical attention that is given in these detention facilities is bare minimum and in fact most deaths have occurred because of lack of enough medical attention to the patients. This is a systemic process and it should be changed in order to ensure that inmates are taken care of in the most humane way (Cornelisse, 2010). The United States is a leading country in terms of advocating for human rights and therefore, it is should not in any way allow human rights violations to occur in its own back yard and turn a blind eye on the situation.

References

Olshansky, B. (2010). Democracy Detained: Secret Unconstitutional Practices in the U.S. War on Terror. New York: Seven Stories Press.
Cornelisse, G. (2010). Immigration detention and human rights: Rethinking territorial sovereignty. Leiden: Martinus Nijhoff Publishers.
Welch, M. (2002). Detained: Immigration laws and the expanding I.N.S. jail complex. Philadelphia: Temple University Press.
Bosworth, M. (2014). Inside immigration detention. Oxford: Oxford University Press.
Meeropol, R. (2005). America's disappeared: Detainees, secret imprisonment, and the "war on terror". New York: Seven Stories.
McWhirter, R. J. (2006). The criminal lawyer's guide to immigration law: Questions and answers. Chicago, Ill: Criminal Justice Section, American Bar Association.
LeMay, M. C. (2013). Transforming America: Perspectives on U.S. immigration. Santa Barbara, Calif: Praeger.
Redburn, F. S., Reuter, P., Majmundar, M. K., & National Research Council (U.S.). (2011). Budgeting for immigration enforcement: A path to better performance. Washington, D.C: National Academies Press.
Hayes, P. J. (2012). The making of modern immigration: An encyclopedia of people and ideas. Santa Barbara, Calif: ABC-CLIO.
Bray, I. M. (2013). U.S. immigration made easy. Berkeley, CA: Nolo.

Annotated bibliography

Olshansky, B. (2010). Democracy Detained: Secret Unconstitutional Practices in the U.S. War on Terror. New York: Seven Stories Press.

This book by Olshansky discusses how some suspects of immigration that are considered to be terrorists are put in detention cells are tortured and are given minimal medical care. The detention centers that they live in are in deplorable conditions and there are unconstitutional practices that happen in these detention cells.

Cornelisse, G. (2010). Immigration detention and human rights: Rethinking territorial sovereignty. Leiden: Martinus Nijhoff Publishers.

This article gives reports on several human rights watch groups regarding the American detention system and the conditions that exist in these detention centers.

Welch, M. (2002). Detained: Immigration laws and the expanding I.N.S. jail complex. Philadelphia: Temple University Press.

This book states that there is a need for the United States to effectively expand their immigration laws as well as ensure that the conditions that exist in the detention centers are kept reasonable and that there is medical care in these hospitals.

Bosworth, M. (2014). Inside immigration detention. Oxford: Oxford University Press.

This article explores the life of the aliens inside the immigration detention facilities, the hardships that they go through, the conditions that they have to persevere as well as the injustice that ultimately befalls them.