April 26, 2002

House Votes Overwhelmingly to End the Current Immigration and Naturalization Service and Create Two New Bureaus

On April 25th, the U.S. House of Representatives voted, 405 to 9, to end the agency we now know as the Immigration and Naturalization Service (INS). By overwhelmingly passing bill H.R. 3231, the House showed its strong support to dismantling the INS and create two new bureaus: the Bureau of Citizenship and Immigration Services (BCIS), and the Bureau of Immigration Enforcement (BIE). The purpose of the restructuring of the agency is to address issues of improvement in backlogs and national security. Presently, the INS is one of the government’s fastest growing agencies with approximately 37,000 employees and an annual budget of $6.2 billion. It has 5 million applications pending and more than 314,000 foreign nationals who were ordered removed by courts continue to remain in the country.

Under H.R. 3231, the BCIS would be responsible for providing immigration services, benefits, and reducing processing backlogs. The BIE would be charged with enforcement issues such as apprehension and removal of certain foreign nationals. These two bureaus would report to an Associate Attorney General for Immigration Affairs at the Department of Justice. There remains concern among critics that H.R. 3231 gives this new official broad authority over immigration policy, but no direct budgetary or personnel authority. The critics are concerned that this structure gives too much independence to the new bureau directors, creates obstacles to coordination between the two bureaus, and fails to address the ways in which enforcement and services are inextricably linked. There is also concern that adequate funding be given to both bureaus. Supporters of H.R. 3231 say that splitting the agency will allow each bureau to focus more effectively on its responsibilities and provide a clearer chain of command.

Earlier in the week, the White House issued a surprise announcement that it would support H.R. 3231, a shift from its prior position on the issue; however, it remains to be seen how H.R. 3231 will interplay with the Bush administration’s developing proposal to create a new border security agency. Under that proposal by Tom Ridge (Director of Homeland Security) the Border Patrol, part of the Department of Justice, would merge with the Customs Service, now part of the Treasury Department, and the new, combined agency would come under the Department of Justice.

Meanwhile, Senators Edward M. Kennedy (D–MA) and Sam Brownback (R-KS) are expected to introduce a Senate bill which differs from H.R. 3231 in that it would place a director in charge of both branches, and that new official’s rank would be equal to that of the FBI director. This new official would have more authority over the two bureaus than the Associate Attorney General’s position as presented in H.R. 3231.