March 21, 2002

House Judiciary Committee Agrees on Legislation to Divide INS

In keeping with the recent controversy over the ineffectiveness of the INS, the spotlight is again focused on reorganization efforts. An official announcement is expected today from the House Judiciary Committee about an agreement it has reached on legislation to split the INS into two divisions. Although the INS would be divided under the proposed legislation, both divisions would remain under the auspices of the Department of Justice. This proposed legislation is separate from a recent White House plan which would involve the merger of the INS with the Customs Service.

While details are still sketchy at this time, the legislation will propose dividing the INS into one division charged with enforcement issues and a separate division dealing with processing petitions and benefits. The Office of Immigration Litigation, along with inspection and detention actions for asylum seekers, would fall under the enforcement division’s jurisdiction. The legislation would also create a "Children’s Office" to deal with minors under the assistant attorney general’s office. Immigration judges would continue to fall under the authority of the deputy attorney general’s office while the general counsel’s office would fall under the command of the assistant attorney general. It is unclear which assistant attorney generals the divisions and offices will report to at this time.

This follows a recent shakeup of personnel at INS Headquarters, details of which are still not fully available.

GT will provide updates as they become available.