What Happens if INS No Longer Exists?
Posted Oct 18, 2002

The Homeland Security legislation, which, among many other matters, would eliminate the INS and move its functions to a newly created Department of Homeland Security, is still under consideration in the U.S. Senate. There are two competing Senate bills. These are S.2452 and S. 2794.

S.2452 is the provision supported by the American Immigration Lawyers Association (AILA). This bill has passed the Senate Governmental Affairs Committee but has not gathered enough support to move to the Senate floor for debate and vote. The other bill, S. 2794, known as the Gramm / Miller Amendments, also does not have sufficient support to proceed to the Senate floor.

The Bush Administration's preferred policies in this matter are contained in the Gramm / Miller Amendments. This legislation would place immigration and visa processing functions in the largest division of the Department of Homeland Security, known as the Division of Border and Transportation Security. Immigration proponents believe that this would not serve the interests of immigrants and proper immigration enforcement, as the immigration functions would be part of a much larger organizational division, which would include many unrelated areas. The Bush Administration also favors locating the Immigration Courts within the Department of Homeland Security. Opponents feel that this will reduce the protections afforded to individuals appearing before the Courts and cause various other problems associated with having a judiciary that is not independent of the agency whose laws it must interpret and enforce. With respect to the Courts, immigration advocates have suggested the creation of an independent agency.

The future of this legislation is uncertain. So, the INS may continue to exist as an agency for the immediate future, to be replaced by the Department of Homeland Security when the dust settles. The MurthyBulletin and MurthyDotCom will continue to report on this very significant matter as it develops.