Free Paper Example Containing the Appeal to Amend the Federal Licensing System

Published: 2022-02-23
Free Paper Example Containing the Appeal to Amend the Federal Licensing System
Type of paper:  Essay
Categories:  Immigration License Government
Pages: 7
Wordcount: 1714 words
15 min read

In response to the public pressure on family separation, I recommend that you work with Senator Ted Cruz to amend Federal Asylum Laws on the federal licensing system to create accommodation facilities that would keep families together as they process their asylum status. As you are aware, the federal licensing system has been created to look into the registration of parents and children who seek asylum status in the country. However, the system appears to be punitive with the sole intention of deporting children and parents without giving considering the impact in which family separation has on the entire vetting process. If implemented, I believe this policy recommendation would support your goal of advancing the Democratic Party platform, while promoting ethics in the manner in which immigrants are treated and handled by immigration authorities and border security enforcement officers. The changes in the licensing system should allow immigration authorities to practice due diligence in assessing the needs of the immigrants. Besides, the amendments will introduce ethical standards that should be observed while handling immigrant families from separation at the border.

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Notable stakeholders against of Pelosi's policy are for-profit prisons, including Civic and GEO Group and the current president. These are detainment centers contacted to hold illegal immigrants pending case hearing and determination. Being the president Trump is well equipped as he can easily sign an executive order. Being funded by the federal government and having the support of the ruling party, the for-profit prisons also have substantial backing. On the other hand, stakeholders in support include many Democrats and civil groups key among them, American Civil Liberties Union and human rights activist and politician Pramila Jayapal. Democrats have a majority say in the Congress and can lobby members to pass or fail an associated bill brought on the floor of the house. For civic groups, they have well-informed lawyers who present their associated lawsuits against the family detention and separation policy. They also have great influential power to mobilize mass action against the same. Specifically, Jayapal may be deemed as the most uniquely poised stakeholder from the activist groups because apart from being a renowned influential activist, she is also a woman and hence complements her political counterpart Pelosi best.

The Family Separation Policy was initiated to curb the illegal immigrants from travelling in Caravans and seeking asylum status once they cross the border. The Trump administration supported the approach to separate families at border entries where parents would be prosecuted and children assessed before being deported back to their countries. The approach was condemned by several authorities which termed the move as unethical, inhuman and violation of the rights of immigrants. The widespread condemnation forced President Donald Trump to issue an executive order ending the family detention policy where parents were detained alongside their children. In the current policy, parents and children are detained separately. Since then, it has raised intense criticisms from Democrats and civil groups alike. There have been calls to have families accommodate together at the border but the move has been opposed on the grounds of insecurity and challenges of documenting and securing immigrants from interacting with other citizens.


I recommend that you initiate changes to amendment Federal Asylum Laws on federal licensing system to satisfy not only the principles of Flores settlement but also improve how immigrants should be treated. I highly recommend you, as the Speaker of the House to push for the amendment of Federal Asylum Laws on licensing and registration of immigrants to ensure that they are accorded a fair assessment and that their plight is heard. As required, any immigrant detention facility has to meet specific minimum requirements. These pre-requisite requirements included placing minors under the care of willing facilities or relatives, place them in a less restrictive setting and ensure their humane treatment. Currently, the working policy framework is based on the president's executive order. However, its implementation breaches the tenets of the Flores settlement. Thus, my recommendation seeks to incorporate the overlooked Flores settlement principles. The policymaking avenue relevant here is working with Ted Cruz to introduce and push for the amendments through the various legislative organs.

I am aware that you have always advocated for the humane treatment of all immigrants. The policy amendment to have the licensing process follow due diligence in observance of fairness will ensure that all immigrants are treated justly. The change will facilitate the development of a framework that will be followed by immigration authorities in assessing, registering and licensing immigrants. On this note, supporting this policy will work to fulfill Flores settlement provision that requires detainees to be treated which Pelosi and other Democrats advocates for humanely. It will also ensure that immigrants who fail to meets to establish the established threshold for granting asylum are repatriated back to their countries in a humane manner. Most importantly, such cooperation will ensure an overall good for the U.S. because by handling these immigrants appropriately, it will help address the security aspects associated with illegal immigrants which I believe should be the overarching objective of both parties. Embracing the proposed recommendation will ensure the humane treatment of immigrants as Pelosi advocates.

Relevant supporting institutional stakeholders are the U.S. judiciary subcommittee on Immigration and Border Security and the Ted Cruz. Key stakeholders who oppose the adoption of the recommended policy adoption are for-profit prisons key among them the GEO Group and CoreCivic, president Trump, and some Republican members. Major interest groups that would assist in pushing the resisting institution's stakeholder to support the recommendation are civil unions key among them ACLU and Pramila Jayapal. For ACLU, it will readily file a case against prevailing immigrant oppressions and breach to provisions of Flores settlement and push for abandonment of oppressive policies. On the other hand, Pramila Jayapal is influential in mobilizing demonstrations to condemn such maltreatment. ACLU has a better understanding of the existing legal framework that can be pursued to push for the amendments on licensing procedures. It will further provide legal services to the team in charge to ensure that the amendments sail through Congress. Jayapal has uniquely positioned stakeholder because she not only an activist but also a politician and good enough a woman just like Pelosi. Thus, she can be deemed to be better suited than many other activists. Notably, to some extent, Republicans are also key support stakeholders since they have accepted this policy legislation. Besides, since they have a strong relationship with these private prisons, they are better placed to ensure they adhere to the provisions of Flores agreement.

I recommend that you work with Ted Cruz to introduce the amendment at the Congress. Ted Cruz is a long-serving senator and attorney who have a wealth of experience on law and immigration issues. I selected Ted Cruz to initiate this amendment because of his long stand against family separation. Ted Cruz has been on the limelight for his strong stance against families being separated at the border. Despite being a Republican, Cruz has constantly threatened to introduce a bill that could change the law to promote the humane treatment of immigrants. I believe that by working with Cruz, you can align your interests together in championing for the rights of immigrants and the prevention of family separation laws. The proposed policy will create a debate in the political environment concerning the change in the stance of Republicans on border security. It will further bring people together to support an amendment that will protect children from being separated from their families.

Works Cited

Conley, Julia. "Mass Mobilization Planned for June 30 to Protest Trump's Cruel Separation of Families." Common Dreams, 2018, Accessed 10 Apr. 2019.

Coaston, J. (2018, June 19). Ted Cruz Says He's Going to Introduce "Emergency" Legislation to Stop Family Separation. Vox. Retrieved from v. Reno Settlement Agreement (1997).

Frankel, Alison. "ACLU, Class Counsel for Migrant Kids Dispute DOJ on Crucial Flores Detention Issue." Reuters, 2018, Accessed 10 Apr. 2019.

Howell, William, G. and Lewis, David, E. Agencies by Presidential Design. The Journal of Politics, vol. 64, no. 4, pp. 1995-1114.

Lind, Dara. "Trump's New Plan to Detain Immigrant Families Indefinitely, Explained." Vox, 2018, Accessed 10 Apr. 2019.

Office of Refugee Resettlement. "Unaccompanied Alien Children Frequently Asked Questions." Office of Refugee Resettlement | ACF, 2018, Accessed 10 Apr. 2019.

Yackee, Susan W. "Sweet-Talking the Fourth Branch: The Influence of Interest Group Comments on Federal Agency Rulemaking." Journal of Public Administration Research and Theory, vol. 16, no. 1, 2005, pp. 103-124.

Part 2: Short Answer Questions

Question 1

According to Kingdon (2002), Multiple Streams Framework (MSF) builds on the idea that the policy process is a three-phase aspect. These three independent aspects are identified as a problem, policy, and politics streams. As he notes, policies are not only developed when problems arise. Rather, they can exist beforehand as a package ready to solve possible anticipated future problems. Thus, he observes, policy entrepreneurs must be well versed with possible future problems and develop policies to solve such challenges beforehand.

In my recommendation, the MSF framework formed the bulk of the content covered. For example, the policy itself is a response to a raging illegal immigrant problem. It is policy-oriented and is backed by already established policy, the Flores settlement developed by policy entrepreneurs beforehand (in 1997) to solve possible future problems as we have in America now. What is more, the current controversy revolves around politics with Republicans disagreeing with Democrats about the legality of the current immigrant detention policy.

Question 4

Howell and Lewis (2002) explore the significant ways via which presidents influence the administrative state in society today. Specifically, they explore how such influence is effected via executive action and administrative agencies. As they observe, all the agencies created between 1946 to 1995 via administrative action were more subject to presidential control relative to ones created via legislation. Also noteworthy from this article is that where the Congress objected the creation of a given agency, executive autocracy in creating its agencies increased. Thus, the author's counsel that any hindrances that limit the participation of Congress should be eliminated to check executive/presidential dominance.

I used ideas advanced in this article to explain why resisting stakeholders may fault the proposed Federal licensing scheme. As I argued, these cri...

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