
The Enhanced Border Security and Visa Entry Reform Act and the Homeland Security Act
Congress responded to the September 11, 2001 terrorist attack by passing legislation designed to increase the security of the nation’s borders, which produced enhanced requirements for foreign-born individuals entering the country.
The IIRIRA made it easier to deport immigrants by broadening the categories of crimes that qualified for deportation and eliminating formal hearings from the removal procedure. The act also increased the number of border patrol agents and called for the construction of fences along heavily trafficked areas of the US – Mexico border.
The Enhanced Border Security and Visa Entry Reform Act included five key provisions:
- Increased funding for enhanced border security, including the addition of new inspections and investigations personnel, and training for staff stationed at the border;
- Increased data collection and sharing on foreign-born individuals for the purpose of determining eligibility for admissions and deportation;
- Required the establishment of a process for tracking the entry and exit of visa holders and prohibited entry of individuals from countries identified as state sponsors of terrorism, although individuals could apply for reconsideration on a case-by-case basis;
- Required that all persons traveling on international flights or sea vessels provide US border officials with specific identifying documentation; and
- Subjected foreign students and exchange visitors to additional monitoring and data collection regarding their activities and whereabouts.
Originally proposed in 2001 and passed by Congress in 2002, the Homeland Security Act created the Department of Homeland Security (DHS), which consolidated multiple security- and disaster-related organizations from several existing federal agencies. These included the US Customs and Border Protection (CBP), US Immigration and Customs Enforcement (ICE), and US Citizenship and Immigration Services (USCIS). The creation of the DHS brought a more security-minded focus to mounting anxieties about legal and illegal immigration after 9/11.

