Immigration laws were enacted to support social order and to protect the land from unlawful entry of an alien. However, immigration law was tainted by wrong perception about immigrants, thus creating a misconception where the law already becomes a threat instead of protective social mechanism. These misconceptions reflect in several issues wherein the immigration law enforcers themselves are involved. Undermining the importance of a law’s constitutionality creates an environment where there is a prevailing absence of respect to the fundamentals human of human rights. The Bureau of Immigration and Customs enforcement for instance appeared to have broadened their scope of strategies and use of immigration law to incriminate immigrants without consideration to their rights. The bureau’s efforts to do a clean sweep of the land from immigrants have carried out raids in stores, offices and in public places, which instills fear to the public. This is because the high profile raids are not just geared towards illegal aliens but to anyone that looks foreign.
This strategy entailed racial profiling, degradation, discrimination and oppression. The Department of Homeland Security for instance is also doubling their efforts to expand their power over immigrants. Countless raids in workplaces have resulted to countless violations of labor and union protection laws, which create a conflict between policies. Some of the arrested immigrants have been charged with identity theft, which is another evidence of a wrong interpretation of the law. Since identity theft cases are considered as felony offenses, the accused will not subjected to the procedural guidelines prescribed by the immigration law. In such cases, the Homeland Security officials can put the any immigrant into jail without going through the proper procedures such as charging offenses related to being out of status or working without the proper authorization. Immigrants are supposed to be given much lighter charges of civil offenses instead of jeopardizing their position for legal defenses by charging them with criminal offenses. Therefore, it is apparent that the immigration law enforcers are using the immigration law to violate the fundamental rights of immigrants.
Immigrants are immediately perceived, as illegal aliens without a prior consideration to their eminent statuses, but conducting this study would allow me to see the legality of a person’s migration through a comprehensive study of the law, situations and related cases. The given hypothesis in this study is that immigration laws are being used wrongfully by immigration officers, thus, resulting to growing number of human rights violations of both documented and undocumented immigrants.
The purpose and relevance of the study lies on the tenets of international immigration laws. This research would deliver the crucial findings that can be deemed useful within the legal sector. The research about immigration law are having an increase demand and becoming popular in many law schools nowadays many of them are offering special programs that serves and explain the area of immigration law. Immigration Law, specializes on dramatically reform of enforcement after the surge of subsequent course of the Homeland Security Act of 2002, was resulted into Department of Homeland Security that has been previously responsible of the immigration process and naturalization services, it is not the department of homeland security which is inside the division of Department of Justice. Executives and legislatives officers for Immigration Review, handle the special role on Department of Justice to administer the immigration law.