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3. Service and Adjudication Functions of the Immigration and Naturalization Service 23
INS Employment Profile
Obtaining Information from INS
Access to Applicant's Files
Processing Backlogs
Exercise of Discretion by INS Adjudicators
Separation of Service and Enforcement Functions
Findings and Recommendations
4. The Department of State
The Consular Visa Process
Reviewability of Consular Visa Decisions
45
EMPLOYER SANCTIONS
5. Employer Sanctions Legislation
Introduction
A Positive Response to the Problem
Foreign Policy Can Be an Important Factor in Dealing with the Problem
The Proposed Employer Sanctions Legislation
National Identity Cards
"Operation Cooperation"
Summary
THE EXPULSION PROCESS
6. Apprehensions by the Immigration and Naturalization Service
Authority
Area Control Operations
Area Control Operations as Unreasonable Seizures
INS Definitions of "Reasonable Suspicion" to Search
Search Warrants Used in Area Control Operations
57
79
Effects of Area Control Operations
Involvement of Local Police in Enforcement of Immigration Laws
7. Rights of Detainees After Detention or Apprehension
Deportation as a Civil Proceeding
Right to Counsel
Right to Bail
Right to Impartial Hearing
Administrative Arrest Warrants
INVESTIGATION OF MISCONDUCT COMPLAINTS
96
8. Complaint Investigation Procedures of the Immigration and Naturalization Service 117
Complaint Resolution
Public Awareness of the Complaint Process
Notification to Complainants
Investigative Procedures
Selection of Investigators
Compilation of Complaint Statistics
Separate Statement of Commissioner Frankie M. Freeman in Opposition to Majority Vote Against Employer Sanctions
147
149
Appendix
Tables
2.1-Canadian and Mexican Immigration to the United States, 1920-70....
2.2-Immigrants Admitted to the United States by Country or Region of Birth,
1967-76........
........
14
16
25
2.3-Availability of Immigrant Visas to the United States, February 1979............ 17
3.1-Immigration and Naturalization Service Work Force by Grade Level, Race,
Ethnicity, and Sex, Percentage Distribution (Horizontal), September 1978
3.2-Immigation and Naturalization Service Female Work Force by Grade Level,
Race, and Ethnicity, Percentage Distribution (Horizontal), September 1978...... 26
3.3-Immigration and Naturalization Service Work Force, Grade Level Group-
ings by Race, Ethnicity, and Sex, September 1978......
3.4-Immigration and Naturalization Service Work Force, Cumulative Distribu-
tion, September 1978 .....
27
...
28
3.5-Immigration and Naturalization Service Work Force by Grade Level, Race,
Ethnicity, and Sex, Percentage Distribution (Vertical), September 1978
3.6-Immigration and Naturalization Service, Employment in Selected Occupa-
tions by Series, Race, Ethnicity, and Sex, September 1978
Figure
.....
30
7.1-Persons Apprehended, Expelled, and Expelled Without a Hearing, 1945-76... 105
Charts
A1. The Seven Category Preference System
150
A2. Elimination of Backlogs Within Preference Categories Under Proposed New
Immigrant Selection System Without Per-Country and Dependent Territory
Numerical Limitations......
152
A3. Breakdown of Visa Availability by Country of Origin Under Proposed New
Immigrant Selection System....
... 153