A Comparative Analysis of the Immigration Functions in the Major Homeland Security Bills

Publication Date: September 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government; Population and demographics

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Abstract:

The House passed the Homeland Security Act of 2002 (H.R. 5005) on July 26, 2002. On July 25, 2002, the Senate Governmental Affairs Committee approved a modified amendment in the nature of a substitute to the text of the National Homeland Security and Combating Terrorism Act of 2002 (S. 2452). On September 3, 2002, the Senate began debate on H.R. 5005. On that date, the text of S. 2452 as approved by the Senate Governmental Affairs Committee was submitted as an amendment in the nature of a substitute to H.R. 5005 (S.Amdt. 4471). Legislative action on H.R. 5005 and the Senate amendment was prompted by the June 6, 2002 proposal made by President Bush to create a new Department of Homeland Security (DHS), as well as previous congressional initiatives in this area. The President's proposal includes the Immigration and Naturalization Service (INS) under its Border Security and Transportation Division. The key immigration differences in the bills are: (1) whether only the immigration enforcement function or all of INS should be transferred to DHS; and (2) whether those immigration functions transferred to DHS should be housed in their own directorate or as part of a border security division.

H.R. 5005 and the Senate amendment would effectively abolish INS. H.R. 5005 would transfer INS's enforcement function to a newly created DHS under a Border Security Division, but would leave intact INS's service function in the Department of Justice (DOJ) under a newly created Bureau of Citizenship and Immigration Services. The Senate amendment would transfer all of INS to DHS under two new Bureaus (Bureau of Immigration Services and Bureau of Enforcement and Border Affairs) in a separate Directorate of Immigration Affairs. Both bills would create several new offices and positions within the division (H.R. 5005), directorate (Senate amendment), and bureaus. The House bill and Senate amendment would also create an Office of Immigration Statistics. The Senate amendment would create the office within the directorate; and H.R. 5005 would create the office within the Bureau of Justice Statistics.

H.R. 5005 and the Senate amendment would transfer INS's unaccompanied alien children function to the Department of Health and Human Services' Office of Refugee Resettlement. Both bills would maintain the visa issuance function in the Department of State, but would give the Secretary of DHS authority to issue regulations on visa policy. Unlike H.R. 5005, which is silent with respect to the Executive Office for Immigration Review (EOIR), the Senate amendment would create formal statutory authority within DOJ for an Agency of Immigration Hearing and Appeals modeled after EOIR and abolish EOIR in its current form. This report will be updated to reflect changes in legislation.