INS MOVES TO DEPARTMENT
OF HOMELAND SECURITY

The Homeland Security Act, signed into law by the President on November 25, 2002, creates a new Department of Homeland Security (DHS) to which 22 federal agencies, including the abolished Immigration and Naturalization Services, are transferred. DHS will take over most of our immigration functions on March 1, 2003. This update provides a comprehensive summary on what we know about how immigration will function on March 1, and more noticeably, what remains unknown.

The Immigration and Naturalization Service (INS) will cease to exist on March 1, 2003. "Yes, the INS technically ceases to exist at the end of this month, but we are committed to making this transition as seamless and smooth as possible for those we serve," said Acting INS Commissioner Michael Garcia in a February 26 press release by INS.

According to the INS press release, this "seamless" transition will be accomplished by sending immigration offices around the country mailings, public relations statements, and brochures bearing the new INS terminology. The March 1 transition will also be eased by the continued acceptance of "INS" branded forms by BCIS (the new Bureau of Citizenship and Immigration Services) and other agencies. The press release also indicated that local INS/BCIS offices will remain in their same locations for the time being.

Similarly, official forms can be mailed to the mailing addresses indicated on the forms.

Website link for the Press Release: http://www.ins.gov

Appointments and Staffing

Tom Ridge, formerly head of the White House's Office of Homeland Security, was confirmed by the Senate 94-0 on January 22, to be Secretary of the Department of Homeland Security.


Immigration Services

The new Bureau of Citizenship and Immigration Services (BCIS) will begin operation on March 1. BCIS will house most immigration service functions, including immigrant visa petitions, applications for citizenship, applications for asylum and refugee status, and adjudications at local service centers. The Homeland Security Act also establishes a Citizenship and Immigration Services Ombudsman, responsible for identifying, reporting and monitoring service problem areas. This Ombudsman has not been named. The vision for this bureau was set forth in a speech by Secretary Ridge on January 30th:

"America has a very proud heritage. We have long been a nation of immigrants, with good-hearted, law abiding, productive individual citizens originating everywhere from Beijing to Belgrade, from Nairobi to New Delhi. It is the President's intention, and that of the Department's, and certainly mine, that this founding principle must and will always endure. To do so, we must improve and protect immigration practices. Through a newly created Office of Citizenship and Immigration, we will focus on doing things right for our country's own protection, but also to ensure that America remains a welcoming nation for people who want a better way of life, for people who want to make a contribution here. We will continue to screen visa and green card applications. That is our duty, that is our task, and frankly, a lot of the people coming in will be part of this country's hope. But at the same time, we must also reduce the present INS backlog, decrease processing time and protect the rights and civil liberties of both naturalized and prospective citizens."

Over the coming months, advocates will be watching the new Department's treatment of service functions and evaluating whether Secretary Ridge's words are coming to life, or falling short.

On March 1, the INS website will be absorbed by a new Bureau of Citizenship and Immigration Services website. Noticeably, this change differs from the previous INS website, which logically housed both immigration enforcement and service functions.

New Website Link to INS/BCIS Public Information Materials: http://www.immigration.gov

New Website Link to "The BCIS On-line": http://www.immigration.gov/graphics/MockupBCISOnline.pdf

New Website Link for individuals who find incorrect information: (after March 3): http://www.immigration.gov/graphics/feedback.htm


Immigration Enforcement

Beginning on March 1st, the immigration enforcement functions will be absorbed by the Department of Homeland Security, and operate under a Directorate of Border and Transportation Security (BTS). The Directorate is responsible for securing our nation's borders, carrying out our immigration enforcement functions (includes detention and removal, intelligence, investigations, inspections, and border patrol), and administering related policies. The Act establishes within BTS a Bureau of Border Security, to absorb the immigration enforcement functions. The bureau is headed by an Assistant Secretary, who reports directly to the Under Secretary.

On January 30, 2003, President Bush delivered a border reorganization plan to Congress. This plan reconfigures the "Bureau of Border Security" and "Customs Service" and creates two different enforcement bureaus. The Bureau of Customs and Border Protection will include inspections and border enforcement functions of the INS, Customs Service, and Agricultural Quarantine Inspection Program. The Bureau of Immigration and Customs Enforcement will enforce customs and immigration laws within the U.S.

Website Link to Border Reorganization Remarks by Secretary Ridge http://www.dhs.gov/dhspublic/display?content=419

Website Link to DHS Fact sheet on Border Reorganization http://www.ins.usdoj.gov/graphics/publicaffairs/factsheets/

Website Link to Op-Ed by Asa Hutchinson: http://www.ilw.com/lawyers/colum_article/articles/2003,0220-hutchinson.shtm


Congressional Oversight

The Senate Judiciary Committee will continue to have jurisdiction over the immigration functions, despite their reorganization in the Department of Homeland Security (enforcement and services), Department of Justice retains jurisdiction of the Executive Office for Immigration Review- EOIR), Department of State retains jurisdiction over visa processing and issuance, and Department of Health and Human Services holds jurisdiction of unaccompanied minors.

- Edited version of article written by Eva A. Millona, Immigration/Naturalization Policy Director, MIRA Coalition 02/03