I MPLEMENTACIÓN DE NUEVOS ESTÍMULOS

According to Merriam-Webster (2015), the role of immigration officers is to ensure that immigration legislation is enforced. Furthermore, this can cover the rules of entry for ID applicants, and the rules for visa applicants, foreigner nationals, or those seeking asylum at the border, as well as detecting and apprehending those who have breached both immigration and criminal law.

The functions of an immigration officer, in terms of sections 2(1) and (2) of the Immigration Act 13 of 2002, as amended by Immigration Ammendment Act (2004), are clearly stipulated. With reference to investigation and interviewing, the Act determines the following sections:

 “Section 1(c) and (e), read together with Section 2(f), (g) and (h)(1)(c), regarding detection and deportation of illegal foreigners; (1)(e) ensuring that, subject to this Act, migration to and from the Republic takes place only at the ports of entry, and illegal crossing of the borders is deterred, detected and punished.

 Section (2)(f), Train its investigative unit to detect illegal foreigners, monitor compliance with the terms and conditions of permits, control borders, and perform any of its functions under this Act, or which may be delegated to it.

 Section (2)(g), Interview any citizens and foreigners applying for identity documents such as a passport and smart card.

 Section 2(h), Administer and investigate application files at ports of entry, and monitor borders in terms of Section 36 of this Act”.

According to Merriam-Webster (2015), immigration officers control the movement of people into and out of the country by stamping their passports and making sure that they have the correct documentation. Further, they check all their details and visa information at the border posts and airports. Merriam- Webster adds that typical responsibilities of the immigration officer job include

the following: conducting interviews, taking fingerprints, carrying out surveillance, and writing reports.

Samples “A1” and “A2” were asked to state the functions of an immigration officer.

Sample “A1” responded as follows:

 Two (2) participants said that the function of immigration officers is to liaise with the SAPS if applicants of IDs are arrested by an immigration officer, after criminal activity.

 Five (5) participants said that it is to conduct investigation files from applications of IDs by applicants from the community.

 Three (3) participants said that it is the deportation of illegal foreigners.

 Five (5) participants said that it is to interview any officials who commit an offence with regard to DHA criminal activities – such as fraudulent applications by foreigners who intend to claim to be South African citizens. Sample “A2” responded as follows:

 Three (3) participants said that it is to investigate all DHA activities such as misconduct by officials, and criminal activities by applicants of IDs.

 One (1) participant said that it is to detect illegal foreigners and deport them, if discovered that they do not have proper requirements, such as a pass- port.

 Two (2) participants said that it is to arrest and detain offenders.

 Nine (9) participants said that it is to investigate and administer all the files. The researcher hereby established that the participants know what the functions of immigration officers are, as their responses are supported by the literature, in terms of Section 2 of the Immigration Act.

To understand the differences between the objectives of investigations and the functions of immigration officers the researcher compiles the following table:

Table 2.1: Comparison of objectives of crime investigation and Immigration Act 13 of 2002 (as amended by Immigration Amendment Act ( 2004)

OBJECTIVES OF CRIME INVESTIGATION FUNCTIONS OF IMMIGRATION OFFICERS Determine whether a crime has been

committed.

“Section 1(c) and (e), read together with Section 2(f), (g) and (h)(1)(c), regarding detection and deportation of illegal foreigners; (1)(e) ensuring that, subject to this Act,

migration to and from the Republic takes place only at the ports of entry, and illegal crossing of the borders is deterred, detected and punished. Decide if the crime was committed within

the investigator’s jurisdiction.

(2)(f) Train its investigative unit to detect illegal foreigners, monitor compliance with the terms and conditions of permits, control borders, and perform any of its functions under this Act, or which may be delegated to it.

Discover all facts pertaining to the complaint, which involves gathering and preserving physical evidence, as well as developing and following up all clues.

(g) Interview any citizens and foreigners applying for identity documents such as a passport and smart card.

Recover stolen property (h) Administer and investigate application files at ports of entry, and monitor borders in terms of Section 36 of this Act.

Identify the perpetrator, or eliminate a suspect as the perpetrator.

To liaise with the South African Police Ser- vice to ensure that the identity of people, who are arrested, detained or convicted is checked for purposes of this Act.

Locate and apprehend the perpetrator. Educate and instruct law-enforcing

agencies to detect foreigners and report to the Department.

Aid in the prosecution of the offender, by providing evidence of guilt, which is admissible in court.

Prevent and deter xenophobia within the Department and sphere of the government or organ of the state and community level. Testify effectively as a witness in court. Testify in court.

Source:(Swanson et al., 2012:2; Merriam Webster, 2015 Samples “A” and “B”)