![handle is hein.crs/crsaibn0001 and id is 1 raw text is: Order Code RS21410
February 4, 2003
INS Reorganization Under the Homeland
Security Act of 2002: Effective Dates and
Dual Roles
Stephen R. Viha
Legislative Attorney
American Law Division
Summary
As a current agency within the US Department of Justice, the Immigration and
Naturalization Service (INS) provides immigration and citizenship services as well as
law enforcement functions. Under the Homeland Security Act of 2002, INS will be
abolished upon the completion of all transfers from INS to the Department of Homeland
Security (DHS). Under President Bush's Reorganization Plans and in accordance with
the Act, the dual roles of INS will be transferred on March 1, 2003 and will form three
distinct bureaus within the DHS. This report discusses the status of the dual roles
provided by INS upon the completion of the transfer of functions from INS to the DHS.
This report also addresses the effective dates of the Act and their relation to INS and to
the Reorganization Plans submitted by President Bush. This report will be updated in
response to relevant legislative or executive activity.
The Homeland Security Act of 2002,1 created the Department of Homeland Security
(DHS) by combining existing agencies with new programs in a single organizational
structure.2 One of the more highly debated issues during the formation of the DHS, was
the restructuring of the Immigration and Naturalization Service (INS).' Because INS
1 P.L. 107-296 [hereinafter Act].
2 At this time it is unclear to what extent the Attorney General's ultimate authority under the
Immigration and Naturalization Act of 1952, as amended (INA; 8 U.S.C. 1101 et seq.) has
technically been transferred to the DHS or its officers. It is anticipated that the Attorney
General's authorities under the INA will soon reside in the officers of the DHS after the Secretary
submits recommendations for conforming the INA through an implementation plan. See P.L.
107-296, §477(c)(2)(F)). This report does not address the interplay or transfer of authority
between INS and the Department of State in the administration of visa issuance or consular
functions. See id. at §§428, 429.
' Indeed, several different proposals for the restructuring of INS were offered in Congress. For
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