Wednesday 19 April 2017

The INS, Role, and Responsibilities

The INS, Role, and Responsibilities

In the days following the 9/11 attacks there have been many changes in the organization and how the government handles the flow of people coming into the country.  The INS was first started as the organization that was responsible for handing the people who were applying for citizenship and residency.  INS stands for Immigration and Naturalization Service, the organization charged with respecting the safety of the USA.

The INS is now responsible for many tasks that it never had before, including inspecting travelers who are entering and exiting the United States gates through more than 300 points of entry nationwide.  Whether you are coming or going from the United States, you are likely to be passing through an INS worker who is responsible for helping make sure anyone who is wanted by the law is not able to gain entry to the country.  Although largely a precaution, it is thought that this will be most helpful in preventing possible threats to national security.

Other tasks of the INS include handling the residence status of all who apply for residence and citizenship.  They also handle and seek to regulate the status of all permanent and temporary immigration requests.  The INS. also handles tourists, and students, as well as those coming for conventions, special classes, visiting family and all other business.

The INS has also been given the tasks of controlling all of the borders into the United States, especially the borders between Mexico and the United States and Canada and the United States.  This is an extremely large task since the United States shares such large land borders with two other countries.  This allows for an almost daily flow of people trying to enter the country illegally.

INS workers are also responsible for handling and removing all people who have no legal rights to be in this country.  They are responsible for removing the parties in accordance with the laws, and by following all of the standards that are set in place for obtaining temporary status, or returning the person to the country where they came from.

In a report the INS released in 2001, there was 31,971 employees on staff.  This resulted in a rate of 24,233 of these employees being classified as enforcement personal were used to enforce the laws, rulings and policies of this country.  The INS today is a function of the Justice Department and serves mostly as an investigative unit, unlike many other departments, which serve as law enforcement units instead.

In recent years, the borders have had more illegal entry than previously, which has resulted in larger amounts of staff being added to help secure the borders and protect our country.  Without being able to know who is entering our country, we are unable to truly protect our citizens and other people.  Border patrol agents is the one largest area where the INS has seen growth in jobs available.  Due to the increase of jobs in the border patrol, we are able to see much fewer illegal entries into the country.

As we progress into a country that is, more accommodating of people from various cultures it will be quite interesting to see how the INS is changed to adapt and become more friendly to the needs of all people, even those entering the country.

The Scope and Nature of the Criminal Law

In our private lives, the area of law we will experience the most, either directly or indirectly would have to be the criminal law.  Not necessarily through contravening its principals, the individual citizen will more commonly encounter its breadth in the course of their everyday lives, considering as a factor the legal ramifications of any desired conduct or decision in the decision making process.  For most of us, we tend to live our lives within these predetermined boundaries with no second thought or question as to the morality of the prohibited option nor the moral authority behind it.  In this article, it is proposed to look at the nature and scope of the criminal law in our society, and to discuss whether as an entity it is too intrusive, or whether it is naturally a required aspect of regulating society.

It is often said academically that the citizen enjoys freedom to act as he wishes in his life, subject to the regulatory provisions of the criminal law and the criminal justice system.  It is thought that as citizens of a particular country, largely at freedom to choose where we live in the world, we impliedly accept the authority of the relevant legal provisions which, for the most part, regulate on a moral level.  Of course there are exceptions, i.e. criminal laws of a regulatory or secondary nature which do not directly bear any moral message, such as speeding limits or parking restrictions.  So, then, to what extent does the criminal law reflect morality, and further from what source is this morality derived?

The criminal law is said to operate in mind of the public good, and the benefit of society.  It could, therefore, be argued to be crossing the boundaries into serious restrictions on liberty when it regulates personal conduct like drug use which may not have any wider impact than on that of the person indulging accordingly.  Why should the criminal law impose restrictions on what a person can do with his or her own body?  Surely our own freewill is a good enough justification for acting outwith the scope of the law in these types of scenario?

Furthermore an interesting area of the criminal law is potential liability for omissions.  In this sense, the citizen can actually be punished without acting at all in a specific way.  This takes the criminal law beyond a regulatory framework for the public good into an actual coercive force to make people positively act in a certain way.  For example, in some jurisdictions there is a legal duty to report a road traffic accident.  This means a citizen who is aware of the occurrence of such will have committed a criminal offence where he does not act in the prescribed manner.  Again, this is surely affording a broad scope to the criminal law, which may be seen by some as intruding on the fundamental freedoms and values upon which most modern nations were built.

It is interesting to consider the real impact of the criminal law, and the sheer breadth of conduct it regulates.  From the objectively morally wrong to the less obvious cases of imposition of liability, the criminal law places severe restrictions on the general principal of absolute liberty, which is clearly the subject of much academic and philosophical debate.

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