IMPLICATIONS OF 3RD-PARTY INVOLVEMENT IN ENFORCEMENT - THE INS, ILLEGAL TRAVELERS, AND INTERNATIONAL AIRLINES

This article is part of a larger study about the factors shaping the e xercise of discretion by Immigration and Naturalization Service (INS) inspectors. It focuses on an infrequently examined topic: how agency b ehavior is affected when government depends on private enterprise to h elp enforce legal requirements. My examination of the INS's relationsh ip with international airlines reveals that airlines are part of a thi rd-party liability system. Airlines are mandated by law to screen fore ign travelers prior to transporting them to the United States, in orde r to ensure foreign travelers' admissibility to the country, as well a s required to remove all inadmissible travelers at airline cost. The s tudy shows how third-party liability requirements generate a complex s ystem of exchange relations and dependence between the INS and interna tional airlines, a system that affects in important ways how the INS h andles the cases of suspected inadmissible travelers.