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POS1041-23

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Political Science

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Apr 3, 2024

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Option 1 After reading the following excerpts, please respond to A, B, and C: The U.S. Citizenship and Immigration Services (USCIS) is a government agency that administers the immigration system, overseeing lawful immigration and the naturalization process. A requirement for people seeking citizenship through naturalization is to demonstrate good moral character in the years prior to application. Good moral character includes obeying laws as well as not attempting to exercise the rights or privileges reserved solely to U.S. citizens. An example is the right to vote in U.S. elections. In 1993, Congress passed the National Voter Registration Act to increase registrations of eligible voters. The act requires that the states provide people who are getting a driver’s license or state ID card the option to register to vote at the same time. Since that time, some non- citizens have accidentally registered to vote when obtaining or renewing a driver’s license and were later penalized for it when seeking citizenship. In 2021, the USCIS updated its policies to prevent this penalty in cases where the naturalization candidate had truly not intended to register to vote. A. Referring to the scenario, describe the executive branch authority exercised by the USCIS in determining a person’s qualification for citizenship through naturalization. The USCIS interprets and applies immigration laws and regulations as part of its executive branch power when assessing whether an individual qualifies for citizenship through naturalization. The USCIS oversees deciding whether to approve naturalization applications and determining if the petitioners fulfill all legal conditions, which include exhibiting moral character. Assuming the given situation is true, USCIS revised its guidelines in 2021 to shield anyone who unintentionally registered to vote when getting or renewing a driver's license from fines. This move shows the agency's ability to set administrative processes to guarantee the equitable and uniform execution of immigration rules, as well as its discretion in interpreting the standards for high moral character. B. Describe an action Congress could take to address the issue of accidental voter registrations by non-citizens. Legislative action by Congress might solve the problem of unintentional voter registrations by non-citizens. A potential course of action would be to introduce further protections to the National Voter Registration Act so that non-citizens are not unintentionally registered to vote. Congress can, for instance, mandate that states establish stricter procedures for verifying people’s citizenship before permitting them to register to vote or apply for a state ID card or driver's license. Furthermore, Congress should offer states more precise instructions on how to deal with unintentional voter registrations by non-citizens and provide protocols for correcting such mistakes without punishing those who are applying for naturalization.
C. Explain how the action described in part B would affect the interaction between a branch of the federal government and the bureaucracy. The action outlined in the last section would modify the regulatory framework that governs the operations of federal agencies, so influencing the relationship between Congress and the bureaucracy. Congress might influence how organizations like the USCIS handle problems relating to unintentional voter registrations by non-citizens by revising the National Voter Registration Act and giving states explicit instructions on voter registration procedures. USCIS regulations and procedures for reviewing naturalization petitions may need to be modified because of this congressional move, which would impose new guidelines and standards on state agencies in charge of managing voter registration campaigns. Congress's involvement in this matter would also serve as evidence of its oversight function in establishing administrative procedures and guaranteeing adherence to federal laws and regulations.
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