On November 25, 2002, President Bush signed into law H.R. 5005, the Homeland Security Act of 2002 ("the Act") creating the largest government reorganization since the end of World War II.  The new Department of Homeland Security (DHS) abolishes the Immigration & Naturalization Service (INS) and, in its place, creates a Directorate of Border and Transportation Security with an Under Secretary reporting to the Secretary of the DHS.  The Act also creates a Bureau of Border Security and a separate Bureau of Citizenship and Immigration Services.  A transition plan calls for the Bureau of Border Security to be operational by March 1, 2003 and the Bureau of Citizenship and Immigration Services to be operational by September 1, 2003. Please note that these are target dates and it is unclear if either Bureau will actually be functional by these dates. The Act exclusively vests the DHS with complete authority to administer all laws and to issue regulations governing the issuance of all visas by American Consulates.

The Bureau of Border Security will be charged with the responsibility of preventing entry of terrorists into the U.S., securing the borders, carrying out the immigration enforcement functions of the INS (defined as Border Patrol, detention and removal, intelligence, investigations and inspections), establishing national immigration and enforcement policies and priorities, and establishing and administering rules governing the granting of visas or other forms of permission, including parole.

The Bureau of Citizenship and Immigration Services will be charged with the responsibility of adjudication of all applications and petitions currently performed by the INS, including asylum and refugee applications.   This includes naturalization, applications for adjustment of status to lawful permanent residence, immigrant and non-immigrant visa petitions, waivers of inadmissibility and related matters.

The Act also transfers the care and custody of unaccompanied alien children from the INS to the Office of Refugee Resettlement (ORR) within the Department of Health and Human Services; establishes the Executive Office for Immigration Review (i.e., immigration courts) within the Department of Justice; and, creates an Officer for Civil Rights and Civil Liberties within DHS to be responsible for reviewing and assessing abuses, including racial profiling, by employees of the new Department.  Finally, the Act provides broad exemptions for the release of information under the Freedom of Information Act (FOIA.)

At this time, it is far too early to predict what impact the creation of the DHS and the new Directorate of Border Security & Transportation will have on immigration functions as they relate to pending or future applications and petitions for services. We anticipate formal guidance and new regulations to be provided to the public in due course.  Please watch our website under "Recent News" for updates as they become available.

© 1999-2012, Jackson & Hertogs - All rights reserved