An Executive Order refers to a piece of legally binding, and constitutionally based law, which a sitting president orders to be implemented, with regard to a specific issue of national importance. Under review, is the Executive Order 13597 on ‘Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness’, which was enacted on the 24th of January 2012. This policy pertains to the core issue of immigration, with focus being placed on both visa acquisition and the processing goals of the Immigration Agency. Fundamentally, it regards the improvement of these services, aimed at spurring economic growth, through enhanced promotion of America’s immigration policy. The policy, aims at tapping the existing potential of both America’s tourism and travel industry.
This is one of the nation’s leading export sources of revenue as well as service sectors, hence the need for a comprehensive policy. There is therefore a need for policy coordination that should be consistent with the protection of America’s national security, as well as being supportive of a secure and prosperous tourism and travel industry. Fundamental to this is the aspect of visa and Foreign visitor processing, which is vital in enabling the aforementioned aims of America’s immigration policy. This is the core role of the Secretary for Homeland Security and Counterterrorism, whose duty is to coordinate the execution of regulatory improvements, in addition to the evaluation of existing legislative proposals. This is towards enhancing and expediting travel into and out of the US (Executive Office of the President, 2012).
The aforementioned also necessitates the coordinated interaction and consultation between the above offices, with the Director of the Office of Management and Budget, as well as the heads of associated agencies. The Secretary of Commerce is tasked with providing information through a public website, updating metrics across the entire Federal Government. Furtherance is the establishment of a Task Force on Travel and Competitiveness that is vital in developing a strategy on National Travel and Tourism. The strategy entails recommendations for new initiatives and policies, towards the promotion of both international and domestic travel opportunities. This is fundamentally aimed at enhancing America’s overall market share of international travelers. Accordingly, there is a need for consultative interaction with the Tourism Policy Council.
This is especially in ensuring and promoting cooperation and consistency amongst all pertinent stakeholders and agencies. Overall, general provisions entail the order being implemented in consistence with applicable law that is subject to appropriations available. The order was implemented through inter-agency cooperation, with the effects being mostly positive in nature. This ensured that the immigration policy was handled in the contexts of enhancing tourism and travel, to the USA, in addition to maintaining the overall homeland security (Executive Office of the President, 2012). Positive effects included enhanced travel schedules in the USA, with the order easing the whole process of visa application and immigration.
A negative effect would be the fact that it brought about stringent measures, with regard to homeland security, thereby locking out potential visitors, especially from regional entities deemed as harboring hostile personalities to the USA, i.e. Arabic Nations, Cubans and Latin Americans in general. Barry and Whitcomb (2005), allude to the fact that the Administrative Procedure Act of (1946), later amended severally, necessitates all federal agencies to obey and carry out their mandate with due diligence. Fundamentally, it is applicable to all agencies which form part of the Executive Branch, and hence report directly to the sitting American President. Additionally, it touches on the independent agencies, which report to Presidential nominees (Commissioners), who are confirmed by the Senate (Barry & Whitcomb, 2005).
Rosenbloom (2003) portends to the need for greater focus on the constitutional impacts and frameworks, vital in the formulation of such laws, in addition to the legislative and judicial review. The adjudication, transparency and enforcement of this order are hence fundamentally influenced by the prevailing administrative practice. Emphasis is placed on how provisions of administrative law are able to promote the underlying goal of improving America’s democratic constitutionalism and public administration as showcased in the aforementioned order. Core to the positive enactment of such an order, is the need for its alignment with the prevailing federal administrative laws. Above all, is the vital aspect of cooperative and interactive co-existence of different agencies. This is vital in enhancing overall immigration measures, as well as protecting the existing homeland security within the USA (Rosenbloom, 2003).
References
Berry, D. D. & Whitcomb, H. R. (2005). The Legal Foundations of Public Administration 32 (3rd Ed.). New York: Prentice Hall
Executive Office of the President (2012). Executive Order 13597 – Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness. Federal Register [The Daily Journal of the United States Government]. Retrieved from https://www.federalregister.gov/articles/2012/01/24/2012-1568/establishing-visa-and-foreign-visitor-processing-goals-and-the-task-force-on-travel-and
Rosenbloom, D. H. (2003). Administrative Law for Public Managers (“ALPM”). Chicago: Westview Press.
