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Immigration Functions in the Department of Homeland Security
Click for a Printable Version of this Article In the largest government reorganization since World War II, the Homeland Security Act of 2002 (HSA) moved 185,000 federal employees and 22 federal agencies into a new Department of Homeland Security (DHS). Entangled within this colossal reconfiguration are many aspects of U.S. immigration law and practice. The HSA abolished the Immigration and Naturalization Service (INS). The DHS has divided its functions into three bureaus: the Bureau of Citizenship and Immigration Services (BCIS); the Bureau of Immigration and Customs Enforcement (BICE); and the Bureau of Customs and Border Protection (BCBP). However, the HSA left certain immigration-related procedures within the Department of Justice (DOJ) and the Department of State (DOS). The Department of Homeland Security On March 1, 2003, INS jurisdiction was transferred to the DHS (http://www.dhs.gov). Tom Ridge, the former governor of Pennsylvania, has been confirmed as Secretary of the DHS, while Gordon England, former Secretary of the Navy, has been confirmed as Deputy Secretary of the DHS. Reporting directly to the Deputy Secretary are the BCIS, the Immigration Ombudsman, and a Director of Shared Services. The BICE and the BCBP, however, operate under the auspice of the Directorate of Border and Transportation Security (BTS). The BTS is comprised of BICE, BCBP, and the Transportation Security Administration (TSA). Former Congressman Asa Hutchinson is the Undersecretary of the BTS and reports to Deputy Secretary Gordon England. Bureau of Citizenship and Immigration Services The BCIS (http://www.bcis.gov/) has nearly 15,000 employees and contractors. Awaiting Senate confirmation, Eduardo Aguirre, Jr. is currently serving as Acting Director of BCIS. Mr. Aguirre is the former first president and chief operating office of the Export-Import Bank of the United States (Ex-Im Bank), and a longtime acquaintance of President Bush. The BCIS’s exclusive focus is administering immigration benefits and services. Such services include processing family-sponsored and employment-based petitions, naturalization applications, asylum and refugee cases, and, at this time, special registration. The BCIS is divided into four service groups: (1) Area Operations; (2) Service Center Operations; (3) Asylum & Refugee Affairs Operations; and (4) Information and Customer Services. Many former INS officials hold prominent positions within the bureau. For the foreseeable future the BCIS will conduct operations within the same physical infrastructure used by the INS. The four service centers, the three regional offices, and the 33 district offices will be located at the same location of the corresponding INS buildings. Additionally, for the time being the BCIS will continue to accept immigration forms bearing the INS logo, and petitions addressed to the INS. To proliferate a smooth transition, the BCIS has issued a brochure, a press release, and banners announcing and explaining the creation of the BCIS to the public. BCIS officers will not have general arrest authority. An exception to this, however, is when a BCIS officer performs inspection duties. BCIS officers will continue to have authority to issue notices to appear (NTAs) for immigration court hearings. The Bureau of Immigration and Customs Enforcement The BICE (http://www.bice.immigration.gov/) has 14,000 employees and is headed by Assistant Secretary Michael Garcia. Mr. Garcia previously served as a federal prosecutor and briefly as Acting INS Commissioner. The BICE’s focus is enforcement. Aside from enforcing immigration laws, the bureau is charged with enforcing custom laws and protecting the over 8,000 federally owned and leased buildings within the United States and its territories. Indicative of its mission, The BICE is comprised of former Customs Service and INS Special Agents, INS Detention and Deportation Officers, INS’ Immigration Litigation Section, Federal Protective Service (FPS) employees, and parts of the former INS, Customs and FPS intelligence sections. Immigration enforcement by the BICE will include immigration investigations, detention, removal and intelligence. The BICE’s immigration enforcement strategy is a “comprehensive interior enforcement strategy to systematically combat illegal immigration inside the United States by attacking its causes, not merely its symptoms.” The BICE’s immigration intelligence service will be responsible for collecting, analyzing, and disseminating real-time intelligence to domestic and overseas immigration-related field offices. The BICE is also responsible for maintaining the Student and Exchange Visitor Program (SEVP) and the special registration databases. The BICE conducts its immigration enforcement duties from INS’ former regional and district facilities. On February 28, 2003, the BTS issued a press release announcing the interim management directors for customs and immigration enforcement. Bureau of Customs and Border Protection The BCBP (http://cbp.customs.gov) enforces immigration and customs laws at and between the 307 ports of entry into the United States. Led by Commissioner Robert C. Bonner, the 35,000 BCBP employees include former inspectors from the Customs Service, the INS, the Agricultural Quarantine Inspection program, and 10,000 former Border Patrol Agents. Commissioner Bonner is the former Commissioner of the U.S. Customs Service. The BCBP has named interim directors of field operations, who will work from the location of the twenty former Customs Management Centers, and interim port Directors, who will work at the 307 ports of entry. Ombudsman of Citizenship and Immigration Services The HSA also established an ombudsman to oversee citizenship and immigration services. Specifically the ombudsman is responsible for resolving difficulties encountered by employers and individuals with the BCIS. The office of the ombudsman will include a national office and several local offices. Each fiscal year the ombudsman is required to submit a report to Congress summarizing his or her activities. The ombudsman, who will report directly to the Deputy Security of DHS, has not yet been appointed. The HSA established no similar ombudsman’s office for individuals and employers who encounter problems with the BCBP or the BICE. Visa Issuance at U.S. Consulates Visas will continue to be issued at U.S. consulates throughout the world. However, the DHS will have final authority for issuing visas. Officials from the BICE will be in charge of the DHS’ role in deciding visas. Currently, the DOS and DHS are drafting a memorandum of understanding to clarify each department’s authority. Conclusion These changes affect nearly every aspect of immigration law. We will incorporate the changes onto our website as we update the relevant web pages. (rev. 4/03)
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