procedure concerning the admissibility of aliens, it is not dealing alone with a legislative power.It is implementing an inherent executive power.”
B. Post-9/11 Legislation
The Homeland Security Act of 2002 affected a dramatic restructuring of the U.S.government’s strategy for monitoring peoples within U.S. territories, particularly those who arenot native born U.S. residents. The Homeland Security Act created the Department of HomelandSecurity (DHS), which absorbed the Immigration and Naturalization Services (INS).
With theelimination of the INS, the DHS became a supervising umbrella agency responsible for regulating the various agencies that were once embodied within the INS.
These agenciesincluded the U.S. Citizen and Immigration Services (USCIS), U.S. Immigration and CustomsEnforcement, and the U.S. Customs and Border Protection.
While the Homeland Security Act represented a larger reorganization of national security policy, Congress passed additional measures with more specific goals. The USA Patriot Act of 2001, for example, increased border security.
The Real ID Act of 2005 (“Real ID”),restructured judicial policies relating to immigration.
Although these post 9/11 policies focus
Michael A. Scaperlanda,
Immigration Law: A Primer
, 2009 FED. JUD. CTR. (quoting
Knauff v. Shaughnessy, 338 U.S. 537, 542 (1950)),
. at 12.
note 7, at 14.