Section 1 of the 14th Amendment of the U. S. Constitution affords due process to every individual within its jurisdiction. This goes to show that whoever is in the U. S. territory, whether they are here legally or illegally, are afforded due process of law.
The Illegal Immigration reform and Immigrant Responsibility Act of 1996 (IIRIR) made way for transformations in the system of the US Immigration laws generally pertaining to the improvements and control of entry into the US, intensified enforcement and penalties of laws with regards to aliens in the region, restrictions against their employment and benefits, and other miscellaneous provisions. The immigration laws of today can be enforced by the local and state police. They have the general power to investigate and arrest violators of federal immigration statutes.
In this manner, the people can directly contact the police in case they suspect any illegal alien in their vicinity and the local police can check into it. In fact, after the September 11 bombings, there was a speedy detention of aliens suspected of terrorist activities or ties. (Malkin, 2002) One agency that enforces immigration laws is the Department of Homeland Security. Among the major policy changes since 9/11 is that local and state law enforcement agencies, along with their federal counterparts, are being required to use strict criteria in seeking out and detaining illegal immigrants (Pluvoise-Fenton, 2003).
Alien Absconder Apprehension Initiative involved entering the names of fugitive alien absconders into the FBI’s National Crime Information Center database. It focused on absconders from a list of countries designated as terrorist supporting states. These individuals became the subject of a nationwide effort to apprehend them. The aim was for the immigration laws in the country to be better enforced as it were before. (Ziglar, 2004) It is therefore a program designed to bag those people that were released from custody and were initially apprehended for illegally entry.
However, instead of being sent back to their home country, they were released with a date to show up in court. Having no legal status whatsoever, these people simply did not show up, leaving the government to put up efforts on finding them. The S visa is given to aliens who aid the US law enforcement in the investigation, arrest, and prosecution of criminals involved in illegal or terrorist activities. This was pursuant to The Violent Crime Control and Law Enforcement Act of 1994 which paved way for the creation of the “S” category in visas.
If the immigrant gives certain information that is material to the success of the investigation, they then become qualified to adjust the status of their immigration. Reference Malkin, Michelle, (September 2002). The Deportation Abyss “It Ain’t Over ‘Til the Alien Wins”. Center for Immigration Studies. Statement of James W. Ziglar to the National Commission on Terrorist Attacks Upon The United States (January 26, 2004).