Immigration and Naturalization Service: Restructuring Proposals in the 107th Congress

Publication Date: December 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Population and demographics

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Abstract:

The events of September 11, 2001 brought the former Immigration and Naturalization Service (INS) to the forefront of the nation's attention. Although all 19 hijackers entered the country legally, three overstayed their visas. And, on March 11, 2002, the then-INS sent student visa notifications for two of the (now deceased) 19 hijackers to the aviation school they attended, provoking an intensification of long-standing criticism of the former INS for weak management controls, among other things. An underlying theme of criticism concerned what many believed were overlapping and unclear chains of command with respect to the former INS's service and enforcement functions. There appeared to be a consensus among the Administration, Congress, and commentators that the immigration system, primarily INS, was in need of restructuring. There also appeared to be a consensus among interested parties that the former INS's two main functions -- service and enforcement -- needed to be separated.

Proposals in the 107th Congress to restructure the former INS centered on separating the service and enforcement functions either by keeping INS intact and creating two separate bureaus to carry out the functions, or by dismantling INS and reassigning the functions to DOJ and other agencies or a newly created department of homeland security. While separating the two main functions would create a clear chain of command and increase accountability, several questions are raised. Are these functions operationally separable or interdependent? Will both functions receive equal attention and resources? How will separating the main functions address the fragmentation of immigrant-related functions across INS and other federal agencies? How will the separate entities expeditiously share information?

There has also been some discussion of merging the agencies responsible for border patrol and inspections under one agency. Homeland Security Director Tom Ridge had proposed merging at least three agencies that are responsible for providing border security into a "super agency." Several pieces of legislation were introduced that would have consolidated several agencies that have border security-related functions into a newly created agency. All of these proposals would have addressed concerns of overlap in functions, and related duplication of efforts; lack of communication and coordination of efforts; and the rivalry that reportedly exists between INS and agencies with similar responsibilities. The proposals, however, did not address concerns about the need for greater information sharing between the immigrant service and immigration enforcement functions.

The Homeland Security Act of 2002 (P.L. 107-296) was signed into law on November 25, 2002. The Act transfers INS' immigration service and enforcement functions to a new DHS into two separate Bureaus. The visa issuance function remains at DOS' Consular Affairs, however, the Secretary of DHS will have authority over visa issuance regulations. Other immigration functions are either transferred to the Department of Health and Human Service or remain in DOJ.