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November 18, 2002
Homeland Security Bill Close to Passing Congress
On Friday, November 15, the United States Senate passed a cloture motion
on the Homeland Security Bill, meaning that final passage of the bill could
be imminent. The House had passed its version of the bill on November 13.
Even as it appeared that Senate passage of the bill was certain on Friday,
on Monday, November 18, the Senate is scheduled to take up an amendment
proposed by Majority Leader Tom Daschle, which would strip seven controversial,
special-interest provisions added to the Homeland Security bill by House
leaders. "If this is a homeland security bill, let's keep it homeland security-related,
and let's take out all this terrible special-interest legislation that has
nothing to do with homeland security," Senator Daschle said. This amendment
could create enough disagreement over the bill to jeopardize its passage
this year. If the amendment is passed, the House could be forced to return
to Washington to resolve the differences between the House and Senate versions
of the bill. If House Republicans do not return to Washington until the
108th Congress convenes in January, as they reported they would
do last week, the bill would die. With the House reluctant to return, Senate
Republicans said approval of the Daschle amendment would block the homeland
bill. A vote on the amendment could come on Monday night, perhaps followed
immediately by a vote on final passage of the Homeland Security Bill.
Passage and President Bush’s signing of the Homeland Security Bill would
bring about monumental changes in the current immigration system. The Immigration
and Naturalization Service would be abolished and its functions would be
established within the Department of Homeland Security. The new Department
would consist of two separate bureaus, the Directorate of Border and Transportation
Security, and the Bureau of Citizenship and Immigration Services.
The Directorate of Border and Transportation Security would be responsible
for securing the borders of the United States; carrying out the enforcement
functions of the immigration laws; establishing and administering rules
governing the granting of visas or other forms of permission, including
parole; establishing national immigration enforcement policies and priorities;
administering the customs laws; and conducting the inspection and related
administrative functions of the Department of Agriculture transferred to
the Secretary of Homeland Security.
The Bureau of Citizenship and Immigration Services would be responsible
for adjudications of immigrant visa petitions, naturalization petitions,
asylum and refugee applications, all adjudications performed at service
centers, and all other adjudications performed by the Immigration and Naturalization
Service immediately before the effective date of the bill.
The Homeland Security bill authorizes the Director of the Office of Refugee
Resettlement (ORR) of the Department of Health and Human Services to take
over all of the functions of the immigrations laws with respect to unaccompanied
alien children. The bill also establishes in the Department of Justice,
the Executive Office for Immigration Review which would govern the handling
of cases through the Immigration Courts; mandates a variety of regular analyses,
studies and reports; and directs each House of Congress to review its committee
structure in light of the creation of the new Department of Homeland Security.
The new Homeland Security bill is to be effective 60 days after enactment,
and by that time a transition plan is expected to be sent to Congress, laying
out how these changes will be implemented in the coming months.
Greenberg Traurig will continue to post updates as these major changes
become effective, and will keep you informed regarding whether these events
have any impact on your individual case.
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