INS in the Hot Seat – More Proposals for Reorganization & Reform

As a result of an embarrassing incident for the INS, the spotlight is again focused on reorganization efforts for the organization. INS contractors sent out notices confirming the approval of the visas for the deceased terrorist highjackers Mohamed Atta and Marwan Al-Shehhi that were received six months to the day of the terrorist attacks. Spurred on by the recent controversy over the ineffectiveness of the INS, the House Judiciary Committee proposed legislation to split the INS into two divisions.

The legislation proposes dividing the INS into one division charged with enforcement issues and a separate division dealing with processing petitions and benefits. Although the INS would be divided under the proposed legislation, both divisions would remain under the auspices of the Department of Justice. In addition, the legislation creates an associate attorney general for immigration affairs who would be the department’s third-ranking officials and each division would have their own separate budget. 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. This proposed legislation is separate from a recent White House plan which would involve the merger of the INS with the Customs Service.

As a result of recommendations from the President’s domestic defense advisors, President Bush is looking at proposing a merger of parts of the INS and the Border Patrol with the Customs Service. This recommendation came from President Bush’s domestic defense advisers during a meeting of the Homeland Security Council and is viewed as a way to enforce the borders more tightly. Currently it appears that the recommendation would be to place this new entity under the jurisdiction of the Justice Department although this recommendation may run into opposition from the Treasury Department, who currently has jurisdiction over the Customs Service, as well as from business groups worried about a possible disruption of normal Commerce Service functions caused by a reorganization.

At INS Headquarters there was a shake up of personnel following the incident involving the confirmation of the approval of the terrorists visas. This resulted in four midlevel INS employees being reassigned or replaced as follows: Michael Pearson, the Executive Associate Commissioner for Field Operations has been replaced by Johnny Williams from the INS Western Region; Joe Cuddihy, Assistant Deputy Executive Associate Commissioner for Immigration Services has been replace by Janis Sposato, Special Counsel to the Commissioner; Joe Green, Assistant Commissioner for Inspections has been replaced by Michael Cronin who served most recently as Acting Executive Associate Commissioner for Programs; and finally Jeff Weiss, Acting Director for International Affairs has been replaced by Renee Harris who was Acting Deputy Chief for the Border Patrol. Moreover, as a result of the recent INS controversy, Attorney General John Ashcroft asked Congress for the power to discipline or terminate INS employees for acts of negligence or mismanagement and a bill granting this authority was introduced into the House.

While it remains to be seen exactly what type of reforms or restructuring the INS will go through, it appears there is little doubt that changes are coming based on the general frustration with INS’s incompetence.

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