President Proposes Department of Homeland Security
Posted Jun 14, 2002

On June 6, 2002, President George W. Bush announced a proposal to create a new “Department of Homeland Security.” The proposal, if enacted by Congress, would significantly affect the Immigration and Naturalization Service (INS) all areas of functioning and the U.S. Department of State (DOS) in the area of visa issuance. The White House characterizes the reorganization as “the most significant transformation of the U.S. government in half a century.”

The Department of Homeland Security would incorporate the many security-oriented governmental functions into a single, cabinet-level department. The proposed Department would have four divisions, one of which would be Border and Transportation Security. This division would include all of the INS, as well as visa processing functions from the DOS. Other government functions not related to immigration would also be within the division. According to information available at this time, it appears that the INS would not retain an independent identity but would be integrated, in some fashion, into the new organization.

The Bush Administration states that current INS enforcement and administrative (i.e. immigration benefits) functions will be separated within the new Department. However, the American Immigration Lawyers Association observes that it is questionable whether an agency devoted to enforcement and security can properly approach adjudication of benefits. Various previous proposals to reorganize or split the INS were aimed at giving both the enforcement and the benefits sides of INS sufficient authority and funding to do their respective jobs. One purpose of separating enforcement from benefits is to allow those in an enforcement function to focus strictly on enforcement and to allow benefits to be adjudicated without an enforcement mentality. If all immigration issues would be handled by a new Department whose primary purpose is security, however, it would seem difficult, if not impossible, to keep enforcement concerns from permeating the mindset of those responsible for granting benefits.

Visa processing would continue to operate through the DOS via the U.S. Embassies and consulates abroad. However, the new Department of Homeland Security would act as the “policy authority” as to who can receive visas.

The matter is still a proposal at this time and obviously will be hotly debated in Congress. While we understand the need for security and coordination of the various governmental functions, to treat every applicant for admission to the U.S. and each applicant for an immigration benefit as a potential threat to U.S. security may not be immediately practical. Due to lack of focus, it may only serve to separate families and interfere with the smooth operation of U.S. businesses that depend, to a significant degree, on the skills and labor of foreign nationals.