Administration Proposes Including INS and EOIR in New Homeland Security Dept.

IMMIGRATION LAW & POLICY

Congressional Developments

ADMINISTRATION PROPOSES INCLUDING INS AND EOIR IN NEW HOMELAND SECURITY DEPT.
Immigrants' Rights Update, Web Edition, July 15, 2002

The Bush administration has proposed the creation of a Cabinet-level Dept. of Homeland Security (DHS) that would include the Immigration and Naturalization Service and the Executive Office for Immigration Review, as well as a great many other federal agencies. According to the administration, the proposal, if approved, would constitute the most extensive reorganization of the federal government since the creation in the 1940s of the Dept. of Defense and the National Security Council. Initial Congressional reaction to the proposal has been supportive of the general concept of creating a Cabinet-level agency that prioritizes the fight against terrorism but critical of some of the specifics, and especially the inclusion of particular agencies with central missions distinct from counter-terrorism.

In an initial round of hearings, various House committees voted to remove a number of agencies from the DHS, including the Coast Guard, the Secret Service, the Federal Emergency Management Agency, and the service functions of the INS. Subsequently, the House Republican leadership agreed to support most of the administration's proposal and restore most agencies to the bill now being presented to the full House. However, the House leadership remained committed to leaving the services functions of the INS in the Justice Dept., while placing the enforcement and border protection functions of the INS in the new DHS. House Republican leaders also rejected an administration proposal, as part of the homeland security initiative, to impose federal standards for state drivers' licenses. At this issue's press time, the House is preparing for debate, with nearly 100 proposed amendments awaiting consideration.

In the Senate, Sen. Joseph Lieberman (D-CT), who had proposed the creation of a DHS before the administration decided to adopt the proposal, has introduced a bill as a Senate alternative to the administration's proposal. The Lieberman bill would keep all of the INS within the DHS, while dividing services and enforcement into two separate bureaus within a new directorate of immigration affairs. The EOIR would remain in the Dept. of Justice, while jurisdiction over the affairs of unaccompanied minor noncitizens would go to the Office of Refugee Resettlement of the Dept. of Health and Human Services.

The proposals to include part or all of the INS in the new DHS have placed the pre-existing proposals for INS reorganization in a new context. Many immigrant advocates are concerned that including immigration functions in the DHS will restrict immigration by causing it to be unduly seen as a national security issue. Advocates are also concerned that having immigration services handled in a separate department from immigration enforcement may cause services to receive even less attention and priority than they do now.

The administration is hoping to have agreement reached on the structure of the DHS before the congressional August recess and to have a bill enacted by Sept. 11. However, some legislators have expressed doubt that Congress will be able to meet this deadline, since once the House and Senate pass their respective bills, they will then have to reach a compromise in conference.