A Comparative Analysis of the Immigration Functions in the Major Homeland Security Bills

A Comparative Analysis of the Immigration Functions in the Major Homeland Security Bills

Order Code RL31584
Report for Congress
Received through the CRS Web
A Comparative Analysis of the
Immigration Functions in the
Major Homeland Security Bills
September 30, 2002
Lisa M. Seghetti and Ruth Ellen Wasem
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

A Comparative Analysis of the Immigration Functions
in the Major Homeland Security Bills
Summary
The House passed the Homeland Security Act of 2002 (H.R. 5005) on July 26,
2002. On July 25, 2002, the Senate Governmental Affairs Committee approved a
modified amendment in the nature of a substitute to the text of the National
Homeland Security and Combating Terrorism Act of 2002 (S. 2452). On September
3, 2002, the Senate began debate on H.R. 5005. On that date, the text of S. 2452 as
approved by the Senate Governmental Affairs Committee was submitted as an
amendment in the nature of a substitute to H.R. 5005 (S.Amdt. 4471). Legislative
action on H.R. 5005 and the Senate amendment was prompted by the June 6, 2002
proposal made by President Bush to create a new Department of Homeland Security
(DHS), as well as previous congressional initiatives in this area. The President’s
proposal includes the Immigration and Naturalization Service (INS) under its Border
Security and Transportation Division. The key immigration differences in the bills
are: (1) whether only the immigration enforcement function or all of INS should be
transferred to DHS; and (2) whether those immigration functions transferred to DHS
should be housed in their own directorate or as part of a border security division.
H.R. 5005 and the Senate amendment would effectively abolish INS. H.R. 5005
would transfer INS’s enforcement function to a newly created DHS under a Border
Security Division, but would leave intact INS’s service function in the Department
of Justice (DOJ) under a newly created Bureau of Citizenship and Immigration
Services. The Senate amendment would transfer all of INS to DHS under two new
Bureaus (Bureau of Immigration Services and Bureau of Enforcement and Border
Affairs) in a separate Directorate of Immigration Affairs. Both bills would create
several new offices and positions within the division (H.R. 5005), directorate (Senate
amendment), and bureaus. The House bill and Senate amendment would also create
an Office of Immigration Statistics. The Senate amendment would create the office
within the directorate; and H.R. 5005 would create the office within the Bureau of
Justice Statistics.
H.R. 5005 and the Senate amendment would transfer INS’s unaccompanied
alien children function to the Department of Health and Human Services’ Office of
Refugee Resettlement. Both bills would maintain the visa issuance function in the
Department of State, but would give the Secretary of DHS authority to issue
regulations on visa policy. Unlike H.R. 5005, which is silent with respect to the
Executive Office for Immigration Review (EOIR), the Senate amendment would
create formal statutory authority within DOJ for an Agency of Immigration Hearing
and Appeals modeled after EOIR and abolish EOIR in its current form. This report
will be updated to reflect changes in legislation.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Part I: Overview of Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Status of INS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Division of Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Directorate of Immigration Affairs in S.Amdt. 4471 . . . . . . . . . . . . . . . 4
Bureau of Immigration Services in S.Amdt. 4471 . . . . . . . . . . . . . 5
Bureau of Enforcement and Border Affairs in S.Amdt. 4471 . . . . 5
Bureau of Border Security in H.R. 5005 . . . . . . . . . . . . . . . . . . . . . . . . 6
Bureau of Citizenship and Immigration Services in H.R. 5005 . . . . . . . 6
Other Offices Created or Transferred . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Visa Issuance Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
The Executive Office for Immigration Review . . . . . . . . . . . . . . . . . . . . . . . 8
Personnel Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Reporting Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Reporting provisions in the Senate Amendment . . . . . . . . . . . . . . . . . . 9
Reporting provisions in H.R. 5005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Other Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part II: Comparison of the Relevant Provisions of the Immigration and
Nationality Act, as Amended; the Homeland Security Act of 2002
(H.R. 5005); and the Chairman’s Substitute Amendment to H.R. 5005
(S.Amdt. 4471) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Status of the Immigration and Naturalization Service (INS) . . . . . . . . . . . . 12
Service Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Enforcement Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Unaccompanied Alien Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Visa Issuance Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
The Executive Office for Immigration Review (EOIR) . . . . . . . . . . . . . . . . 56
Transition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

A Comparative Analysis of the
Immigration Functions in the
Major Homeland Security Bills
Introduction
Prompted by President Bush’s June 6, 2002 proposal to create a Department of
Homeland Security (DHS), Congress has now turned its attention to the legislative
details necessary for creating such a department. As Congress weighs the broader
question of homeland security and the creation of DHS, the issue of where to locate
the various immigration and citizenship functions currently performed by the
Department of Justice’s (DOJ’s) Immigration and Naturalization Service (INS) and
the Department of State’s (DOS’s) Bureau of Consular Affairs is of concern for many
lawmakers.
On July 26, 2002, the House passed the Homeland Security Act of 2002 (H.R.
5005). On July 25, 2002, the Senate Governmental Affairs Committee approved a
modified amendment in the nature of a substitute to the text of the National
Homeland Security and Combating Terrorism Act of 2002 (S. 2452).1 On September
3, 2002, the Senate began debate on H.R. 5005. On that date, the text of S. 2452 as
approved by the Senate Governmental Affairs Committee was submitted as an
amendment in the nature of a substitute to H.R. 5005 (S.Amdt. 4471). H.R. 5005 and
the Senate amendment were responses to the June 6, 2002 proposal made by
President Bush to create a new DHS, although there had been legislation introduced
on this issue beforehand. The President’s proposal includes INS under its border and
transportation security division. The key immigration differences in the House bill
and the Senate amendment are: (1) whether only the immigration enforcement
function or all of INS should be transferred to DHS; and (2) whether those
immigration functions transferred to DHS should be housed in their own directorate
or as part of the border security division.
The report consists of two parts — a narrative analysis and a side-by-side
analysis of the immigration provisions in the two bills. The first part, the narrative,
opens with a brief discussion of the legislative history pertaining to immigration
functions and homeland security. It then discusses the main elements of the
immigration provisions: (1) title; (2) definitions; (3) status of INS; (4) service
bureau; (5) enforcement bureau; (6) unaccompanied alien children; (7) visa issuance
functions; (8) the Executive Office for Immigration Review (EOIR); (9) transition;
(10) reporting requirements; and (11) miscellaneous provisions.
1The Senate Governmental Affairs Committee originally marked-up S. 2452 on May 24,
2002.

CRS-2
The second part is a comparative analysis of the relevant current law and the
current administrative structure of INS and the immigration provisions in the House
bill and Senate amendment. Because the Senate amendment to H.R. 5005 contains
more extensive immigration provisions, the analysis leads with the Senate
amendment. The comparison table is divided into the following parts:
! Status of the INS
! Service Bureau
! Enforcement Bureau
! Unaccompanied Alien Children
! Visa Issuance Function
! Executive Office for Immigration Review
! Transition
! Reporting Requirements
! Miscellaneous Provisions
For an analysis of immigration functions in the context of homeland security,
please see CRS Report RL31560, Homeland Security Proposals: Issues Regarding
Transfer of Immigration Agencies and Functions.
Part I: Overview of Legislation
Background
The INS activities generally considered as the enforcement function include the
following: (1) providing border security and management; (2) enforcing immigration
law within the interior of the United States; (3) detaining and removing aliens found
in violation of the INA and related laws; and (4) providing immigration-related
intelligence. Additionally, INS’s service function includes: (1) the adjudication of
immigration and naturalization benefits; and (2) the consideration of refugee and
asylum claims and related humanitarian and international concerns. INS inspections
is considered to be an enforcement program in terms of the budget and appropriations
process in recent years, but organizationally has been considered an examinations or
service program.
Section 104 of the INA gives the responsibility for the administration and
enforcement of immigration law to the Secretary of State as it relates to the duties
and functions of diplomatic and consular officers. The most notable of these are the
visa issuance functions of DOS. More precisely, §221 of INA gives consular officers
the authority to issue visas to both immigrants and nonimmigrants. DOS oversees
250 diplomatic and consular posts around the world from which visas are issued to
immigrants seeking permanent residence and nonimmigrants seeking authorization
for a temporary stay in the United States.
As part of a reorganization at DOJ, the Attorney General created EOIR by
regulation in 1983 as an agency independent from the INS. The role of EOIR is to
administer and interpret federal immigration laws and regulations through the
immigration court proceedings, appellate reviews, and administrative hearings in

CRS-3
individual cases. There are three main components to EOIR: the Board of
Immigration Appeals; the Office of the Chief Immigration Judge; and the Office of
the Chief Administrative Hearing Officer.2
Legislative History
On June 6, 2002, the Administration proposed to create a DHS and to transfer
INS into it. The goal of the Administration’s proposal is to consolidate into a single
federal agency under one cabinet-level person many of the homeland security
functions performed by units within various federal agencies and departments. To
this end, the Administration plan would place all of the functions of INS under the
Border and Transportation Security Division of the proposed department. The plan
would split INS’s service and enforcement functions into two separate bureaus within
the Border and Transportation Security Division. The plan would also maintain the
visa issuance function at the Department of State. Although the President’s June 6,
2002 proposal was silent with regard to EOIR, he subsequently made it clear that
EOIR would be moved to DHS under his proposal.3
On June 24, 2002, the Senate Governmental Affairs Committee marked up the
National Homeland Security and Combating Terrorism Act of 2002 (S. 2452). The
act would create a homeland security department and transfer INS’s enforcement
functions to the newly created department under a Directorate of Border and
Transportation Division. The act, however, would have left INS’s service function
under DOJ.
House Majority Leader Richard Armey, Chair of the Select Committee on
Homeland Security, introduced the President’s proposal for a new DHS as H.R.
5005, the Homeland Security Act of 2002. As amended and passed by the House on
July 26, H.R. 5005 would place INS’s enforcement programs in a newly created
Border and Transportation Security Division of the DHS. When the House Select
Committee on Homeland Security marked up H.R. 5005 on July 19, 2002, it
approved language on immigrant processing and visa issuances consistent with the
House Judiciary Committee recommendations. As recommended by the House
Judiciary Committee, H.R. 5005 would leave INS’s service functions in DOJ under
a newly created Bureau of Citizenship and Immigration Services headed by an
Assistant Attorney General at DOJ.
On July 25, 2002, the Senate Governmental Affairs Committee approved a
modified amendment in the nature of a substitute to the text of S. 2452; and on
September 3, 2002, the Senate began debate on H.R. 5005. The text of S. 2452 as
approved by the Senate Governmental Affairs Committee was submitted as an
amendment in the nature of a substitute to H.R. 5005 (S.Amdt. 4471). The Senate
amendment, as agreed to by the Committee, would transfer all of INS to a separate
Directorate of Immigration Affairs in the proposed DHS.
28 CFR Part 3.
3U.S. President (Bush), The Department of Homeland Security, August Recess 2002. p. 20.

CRS-4
Status of INS
The Senate amendment would abolish INS as it is currently configured in DOJ
and in its place create a Directorate of Immigration Affairs within DHS. It would
create an Under Secretary of Homeland Security for Immigration Affairs to head the
Directorate. The Senate amendment would then create two bureaus under the
Directorate: (1) a Bureau of Immigration Services that would be headed by an
Assistant Secretary of Homeland Security for Immigration Services; and (2) a Bureau
of Enforcement and Border Affairs that would be headed by an Assistant Secretary
of Homeland Security for Enforcement and Border Affairs.
H.R. 5005 would also abolish INS and transfer its enforcement function to a
newly created DHS under its Bureau of Border Security, but it would maintain INS’s
service function under DOJ’s jurisdiction in a newly created Bureau of Citizenship
and Immigration Services. Under H.R. 5005, the Bureau of Border Security would
be headed by an Assistant Secretary; and the Bureau of Citizenship and Immigration
Services would be headed by an Assistant Attorney General for Citizenship and
Immigration Services.
Division of Responsibility
Directorate of Immigration Affairs in S.Amdt. 4471. The Senate
amendment would create a Directorate of Immigration Affairs within DHS that
would be headed by an Under Secretary of Homeland Security for Immigration
Affairs. It would place INS’s inspections directly under the Under Secretary, distinct
from the enforcement and service bureaus. Under the Directorate of Immigration
Affairs would be two bureaus: (1) a Bureau of Immigration Services; and (2) a
Bureau of Enforcement and Border Affairs. The amendment would create the
following offices and positions in the Directorate of Immigration Affairs:
! A General Counsel who would serve as the main legal advisor for the
Directorate and would be responsible for representing the Directorate in legal
matters pertaining to the functions of the Directorate.
! A Chief Financial Officer who would be responsible for the Directorate’s
budget formulation and implementation.
! A Chief of Policy who would be responsible for: (1) establishing U.S.
immigration policies and priorities; (2) performing research and analysis on
immigration issues; and (3) coordinating policy issues between the Directorate
and the Service and Enforcement Bureaus.
! A Chief of Congressional, Intergovernmental, and Public Affairs who would
be responsible for: (1) providing information pertaining to immigration-
related issues to Congress; (2) serving as a liaison with other federal agencies
on immigration issues; and (3) responding to media and public inquiries with
regard to immigration issues.
! An Office of the Ombudsman that would be responsible for: (1) assisting
individuals with resolving problems; (2) identifying persistent problems
experienced by the public in dealing with the Directorate; (3) proposing
potential administrative and statutory changes to minimize the problems; and
(4) monitoring the coverage and geographic distribution of local offices.

CRS-5
Bureau of Immigration Services in S.Amdt. 4471. Within the
Directorate of Immigration Affairs, the Senate amendment would create a Bureau of
Immigration Services that would be headed by an Assistant Secretary of Homeland
Security for Immigration Services. It would charge the Assistant Secretary of
Homeland Security for Immigration Services with adjudicating certain petitions and
applications4 as well as training personnel. The Senate amendment would create the
following offices and positions in the Bureau of Immigration Services:
! A Chief Budget Officer who would be responsible for monitoring and
supervising all financial matters of the bureau, and
! An office of Professional Responsibility and Quality Review that would
ensure the professionalism of the bureau and investigate public charges of
employee misconduct.
Bureau of Enforcement and Border Affairs in S.Amdt. 4471. The
Senate amendment would create a Bureau of Enforcement and Border Affairs in DHS
that would be headed by an Assistant Secretary of Homeland Security for
Enforcement and Border Affairs who would report to the Under Secretary for Border
Transportation Security. It would charge the Assistant Secretary of Homeland
Security for Enforcement and Border Affairs with administering immigration
enforcement functions5 as well as training personnel. The Senate amendment would
create the following offices and positions in the Bureau of Enforcement and Border
Affairs:
! A Chief Budget Officer who would be responsible for monitoring and
supervising all financial matters of the bureau;
! An office of Professional Responsibility and Quality Review that would
ensure the professionalism of the bureau and investigate public charges of
employee misconduct; and
! An office of Quality Assurance that would be responsible for ensuring that the
directorate’s policies with regard to the bureau’s functions are properly carried
out, and ensuring efficient record management.
The Senate amendment would also establish a border coordination working
group that would meet at least once every three months to do the following with
respect to border security:
! Coordinate budgets appropriations, staffing and other resources;
! Coordinate joint and cross-training programs;
4Such as nonimmigrant and immigrant petitions; visas and other entry documents, and
change of adjustment status; naturalization applications; asylum and refugee applications;
determinations with regard to custody, parole, and conditions of parole, as well as the
responsibility for the detention of individuals subject to such determination, pertaining to
asylum seekers who lack prior non-political criminal records and who have been found to
have a credible fear of persecution; adjudications performed at service centers; and all other
adjudications under U.S. immigration law.
5Such as border patrol function; immigration detention function; removal function;
intelligence function; and investigation function.

CRS-6
! Monitor, evaluate and make improvements with respect to the coverage and
geographic distribution of programs and personnel;
! Develop and implement policies and technologies to ensure the flow of lawful
traffic, travel and commerce, and enhance scrutiny for high-risk traffic, travel
and commerce; and
! Identify systemic problems with coordination and propose changes.
Bureau of Border Security in H.R. 5005. H.R. 5005 would create a
Bureau of Border Security in DHS that would be headed by an Assistant Secretary
who would report to the Under Secretary for Border and Transportation Security.
The bill would create the following offices and positions in the Bureau of Border
Security:
! A Chief of Policy and Strategy who would be responsible for: (1) establishing
national immigration enforcement policies and priorities; (2) performing
research and analysis on immigration enforcement issues; and (3) coordinating
policy issues with the Chief of Policy and Strategy for the Bureau of
Citizenship and Immigration Services in DOJ;
! A Citizenship and Immigration Services Liaison who would be responsible
for: (1) allocating and coordinating resources for the purpose of supporting
“shared support functions” for the bureau and DOJ’s Bureau of Citizenship
and Immigration Services; and (2) managing facilities, information resources,
records, files and forms; and
! An office of Professional Responsibility and Quality Review that would: (1)
conduct investigations on employees of the bureau with regard to allegations
involving noncriminal misconduct, corruption, and fraud not subject to
investigation by the Inspector General; (2) inspect the operations of the bureau
and provide assessments with regard to the quality of operations; and (3)
provide an analysis of the management of the bureau.
Bureau of Citizenship and Immigration Services in H.R. 5005. H.R.
5005 would create a Bureau of Citizenship and Immigration Services in DOJ that
would be headed by an Assistant Attorney General who would report directly to the
Attorney General. The bill would create the following offices and positions in the
Bureau of Citizenship and Immigration Services:
! A Chief of Policy and Strategy who would be responsible for: (1) establishing
national immigration service policies and priorities; (2) performing research
and analysis on immigration services issues; and (3) coordinating policy issues
with the Chief of Policy and Strategy for the Bureau of Border Security in
DHS;
! A General Counsel who would serve as the main legal advisor to the Assistant
Attorney General for Citizenship and Immigration Services and would be
responsible for representing the bureau in legal matters pertaining to the
functions of the bureau;
! A Chief Budget Officer who would be responsible for all financial matters of
the bureau including formulating and executing the bureau’s budget and
collecting all payments, fines, and other debts for the bureau;
! A Chief of Congressional, Intergovernmental, and Public Affairs who would
be responsible for: (1) providing immigration services information to

CRS-7
Congress, (2) serving as a liaison with other federal agencies on immigration
services issues, and (3) responding to media and public inquiries with regard
to immigration services issues;
! A Border Security Liaison who would be responsible for: (1) allocating and
coordinating resources for the purpose of supporting “shared support
functions” for the bureau and DHS’s Bureau of Border Security; and (2)
managing information resources, records, files and forms;
! A Chief of the Office of Citizenship who would be responsible for promoting
instruction and training on citizenship responsibilities for aliens interested in
becoming naturalized citizens;
! A Citizenship and Immigration Services Ombudsman who would be
responsible for: (1) assisting clients and employers in identifying issues
pertaining to immigration service-related problems; (2) resolving problems;
(3) proposing changes in administrative practices; and (4) identifying potential
legislative changes that could aid in mitigating such problems. The bill would
also assign additional responsibilities to the Ombudsman with respect to
monitoring local offices; and
! An office of Professional Responsibility and Quality Review that would: (1)
conduct investigations of employees of the bureau with regard to allegations
involving noncriminal misconduct, corruption and fraud that are not subject
to investigation by the Inspector General; (2) inspect the operations of the
bureau and provide assessments with regard to the quality of operations; and
(3) provide an analysis of the management of the bureau. H.R. 5005 would
require the bureau to take into consideration the following with regard to
assessing operational decisions that are made: (1) the accuracy of findings, (2)
any fraud or misrepresentation associated with the decision, and (3) the
efficiency of making such decisions.
Other Offices Created or Transferred. The House bill and Senate
amendment would: (1) create a new office for immigration statistics; and (2) transfer
the functions with respect to unaccompanied alien children to the Department of
Health and Human Services (DHHS).
! The Senate amendment would create an Office of Immigration Statistics
within the directorate. The newly created office would be responsible for: (1)
maintaining all immigration-related statistics of the directorate and EOIR; (2)
establishing reliability and validity standards for these statistics; and (3)
ensuring the interoperability of the directorate and EOIR.
! H.R. 5005 would create an Office of Immigration Statistics within the Bureau
of Justice Statistics at DOJ. The newly created office would be responsible
for: (1) maintaining all immigration-related statistics of the Bureau of
Citizenship and Immigration Service and EOIR; (2) establishing statistical
reliability and validity standards; (3) requiring the Bureau of Citizenship and
Immigration Services and the EOIR to provide statistics to the Office of
Immigration Statistics, and (4) collecting, compiling, analyzing, publishing,
and disseminating statistics and information pertaining to immigration in the
U.S. and the functions of the agency.
! The Senate amendment and H.R. 5005 would transfer functions with respect
to the care of unaccompanied alien children to the Director of the Office of
Refugee Resettlement (ORR) of DHHS. H.R. 5005 would assign a number

CRS-8
of responsibilities to DHHS with regard to the care of unaccompanied alien
children.
The Senate amendment includes additional provisions pertaining to the care and
custody of unaccompanied alien children that are not specified in H.R. 5005, such as
those that would:
! Require specific procedures when encountering unaccompanied alien children
at the border, ports of entry and in the interior of the United States;
! Encourage family reunification by requiring ORR to place unaccompanied
alien children with certain individuals or institutions in order of preference;
! Require ORR to establish appropriate standards and conditions for the
detention of unaccompanied alien children;
! State a sense of Congress that the U.S. will not repatriate children into
dangerous settings; also require ORR to assess conditions of the alien child’s
home country prior to repatriation;
! Require ORR to establish procedures to determine the age of children;
! Require ORR to appoint a guardian ad litem;
! Require ORR to ensure that all unaccompanied alien children have competent
legal counsel to represent them in immigration proceedings; and
! Create a special immigrant provision to enable abused, neglected, and
abandoned alien children who become wards of the court to adjust their legal
permanent resident status.
Visa Issuance Function
Both the Senate amendment and H.R. 5005 would maintain the visa issuance
function with the Department of State (DOS), but would give the Secretary of DHS
authority to issue regulations on visa policy. The Senate amendment, however,
would permit the Secretary to delegate the authority to the Secretary of State. H.R.
5005 has several reporting requirements pertaining to the role of foreign nationals in
the process of rendering decisions in the visa issuance process and the effect of the
act’s visa issuance provisions on the issuance of visas to foreign students. For further
analysis of visa issuance, see CRS Report RL31512, Visa Issuances: Policy, Issues,
and Legislation, by Ruth Ellen Wasem.
The Executive Office for Immigration Review
The Senate amendment would create formal statutory authority within DOJ for
an Agency of Immigration Hearing and Appeals and abolish the EOIR in its current
form. As in the current administrative structure, the Senate amendment would give
the agency three main components: the Board of Immigration Appeals; the Office
of the Chief Immigration Judge; and the Office of the Chief Administrative Hearing
Officer. Although H.R. 5005 is silent on the issue of EOIR, the Bush Administration
has stated that it would transfer EOIR to DHS when the Department is established.6
6White House Office of Homeland Security. The Department of Homeland Security, August
Recess 2002. p. 20.

CRS-9
Personnel Provisions
H.R. 5005 has several provisions that would revise the personnel system, as it
pertains to immigration, that are not in the Senate amendment:
! Both bureaus would be required to implement a Managerial Rotation Program
that would require employees holding positions involving supervisory or
managerial responsibility and classified at GS-14 or above, as a condition for
further promotion, to gain some experience in all the major functions
performed by the bureau and work in at least one local office (Bureau of
Border Security) or one field office and one service center (Bureau of
Citizenship and Immigration Services);
! The Under Secretary for Border and Transportation Security and the Assistant
Attorney General for Citizenship and Immigration Services would be allowed
to impose disciplinary action, including termination of employment, pursuant
to policies and procedures applicable to FBI employees, on any employee of
the bureaus who willfully deceives the Congress or agency leadership on any
matter;
! The act would allow voluntary separation incentives, up to $25,000, for
certain employees; and
! The act would permit the Attorney General and the Secretary of DHS to
conduct a demonstration project relating to disciplinary action.
Reporting Provisions
Reporting provisions in the Senate Amendment:
! The DHS Ombudsman to report to Congress annually on the objectives of the
directorate for the upcoming fiscal year.
! The Under Secretary to report to Congress, no later than 1 year after the
effective date of the act, on the determination of the feasibility of on-line filing
of benefit applications.
! The Secretary to report to Congress, no later than 90 days after the effective
date of this division, the availability of funds to cover the transition cost
pertaining to the transfer of INS’s functions to DHS.
Reporting provisions in H.R. 5005:
! The Secretary of DHS, no later than 1 year after being sworn into office, on
how the bureau will effectively enforce the enforcement provisions of the
Immigration and Nationality Act (INA);
! The Ombudsman of the Bureau of Citizenship and Immigration Services,
annually, on the objectives of the office for the upcoming fiscal year;
! The Attorney General, no later than 1 year from enactment, with respect to a
plan for implementing a system for more timely and efficient processing of
adjudications;
! The Attorney General, no later than 1 year from enactment, with respect to
changes in the law and authorizations of appropriations that are needed in
order for INS and thereafter the Bureau of Citizenship and Immigration

CRS-10
Services to respond to applications for immigration benefits and to otherwise
accommodate changing immigration service needs;
! The Attorney General, no later than 1 year from enactment, with regard to the
impact the transfers have had on immigration functions;
! The Attorney General and the Secretary of DHS, no later than 120 days after
enactment, (1) on the proposed division and transfer of funds between both
bureaus, (2) on the division of personnel between both bureaus, and (3) on an
implementation plan;
! The Comptroller General, no later than 18 months after the date on which the
functions are transferred and every 6 months thereafter, with regard to the
status of the transition and any issues that have arisen pertaining to the
transfer;
! The Comptroller General, no later than 4 years after the transfer, with regard
to determinations pertaining to the improvement of immigration functions as
a result of the transfer, including operations, management, financial
administration, and record keeping, as well as recommendations for further
improvements in both bureaus; and
! The Comptroller General, no later than 1 year from enactment, with regard to
whether the Bureau of Citizenship and Immigration Services is likely to derive
adequate funds, in the absence of appropriated funds, from its fee-based
programs.
Other Provisions
H.R. 5005 contains a number of other immigration provisions that are not in the
Senate amendment:
! The act would extend the current deadline for eliminating the adjudication
backlog to 1 year from the date of enactment;
! The Assistant Secretary of the Bureau of Border Security would be required
to administer a program to collect information on nonimmigrant foreign
students and other exchange program participants;
! The act would state that it is the sense of Congress that the 14-mile border
fence project required by 8 U.S.C. 1103 should be a priority for the Secretary;7
! The act would provide the following sense of Congress findings: (1) the
missions of the Bureau of Immigration Enforcement of the DHS and the
Bureau of Citizenship and Immigration Services of DOJ are equally important
and should be adequately funded, and (2) the border security and the
citizenship and immigration services functions transferred under this subtitle
should not operate at levels below those in effect prior to enactment; and
! The act would state that it is the sense of Congress that the quality and
efficiency of immigration services should be improved after the transfers take
effect and that the Attorney General should undertake efforts to guarantee that
concerns pertaining to immigration services are addressed.
7The 14-mile border fence is located near the San Diego border and its purpose is to stem
illegal immigration into the United States.

CRS-11
Part II: Comparison of the Relevant Provisions of the
Immigration and Nationality Act, as Amended;
the Homeland Security Act of 2002 (H.R. 5005); and the
Chairman’s Substitute Amendment to H.R. 5005 (S.Amdt. 4471)
Title
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Title of Act
None.
The act would specify the following
The act would provide the
short title: “Immigration Reform,
following title for Title IV of the
A c c o u n t a b i l i t y , a n d S e c u r i t y
act: “Border and Transportation
Enhancement Act of 2002.” §1001
Security”; and the following title
for Subtitle B: “Immigration and
Nationality Functions.”
Definitions
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Definitions
Title I of the Immigration and
The act would amend Title I of the INA
No provision.
Nationality Act (INA) provides
(new Chapter 1) by providing definitions
definitions for the following terms:
for the following additional terms:
administrator, advocates, alien,
e n fo r c e me nt b ureau, func t i o n ,
application for admission, Attorney
immigration enforcement functions,
General, border crossing identification
immigration laws of the United States,
card, clerk of the court, Commissioner
immigration policy, administration,
and Deputy Commissioner, consular
inspection functions, immigration
officer, crewman, diplomatic visa,
service functions, office, Secretary,
doctrine, admission and admitted,
Service Bureau, and Under Secretary.
foreign state, immigrant, immigrant visa,
§1002
immigration laws, immigration officer,
ineligible to citizenship,

CRS-12
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Definitions,
cont.
lawfully admitted for
permanent
See above.
See above.
residence, national, national of the
U n i t e d S t a t e s , n a t u r a l i z a t i o n ,
noncombatant service, nonimmigrant
visa, special immigrant, organization,
outlying possessions of the United
States, passport, permanent, profession,
residence, Service, spouse, wife and
husband, state, totalitarian party, United
States, unmarried, world communism,
graduates of a medical school, refugee,
aggravated felony, managerial capacity,
substantial, extraordinary ability, order
of deportation, stowaway, parent, father,
or mother, person, immigration judge,
adjacent islands, and child. §101(a)
Status of the Immigration and Naturalization Service (INS)
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Status of INS
The Act of February 14, 1903, as
The act would abolish INS and repeal §4
The act would abolish INS. §441
amended, provided language for the
of the Act of February 14, 1903, as
creation of INS’s predecessor. §4 [Under
amended. §1101.
the Administration’s November 14, 2001
restructuring plan, INS’s service and
The act would establish a Directorate of
enforcement functions are separate.]1
Immigration Affairs within a Department
of Homeland Security (DHS). §136
New Agency
None.
The act would amend Title I of the INA
No similar provision; however the
by creating a Directorate of Immigration
act would create a Bureau of
Affairs withinn DHS. §1102
Border Security within DHS and a
Bureau of Citizenship and
Immigration Services within DOJ,
see §412(a) and §421(a).

CRS-13
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Functions of INS/Directorate/Bureaus
INS through the Attorney General
The act would require a Directorate,
The act does not have a provision
administers and enforces the INA and all
under the authority of the Secretary of
that would create a Directorate that
other laws that pertain to the
Homeland Security, to administer
would be over the immigration
immigration and naturalization of aliens
immigration policy and perform
s ervices and i mmi gr a t i o n
except for those powers that are
immigration inspections, enforcement,
enforcement functions. The act,
conferred upon the President, Secretary
service and adjudication functions.
however, would create an
of State, or his officers. §103(a)
§1102
Undersecretary for Border and
Transportation Security in DHS
and an Assistant Attorney General
for Citizenship and Immigration
Services who would be responsible
for carrying out the immigration
enforcement and service functions,
respectively, that are in law or
performed by the Commissioner of
INS prior to the transfer of such
functions to DHS. See §401 and
§421(a)(2)(3)(A)
Principal Officers
See Head, page 14.
The act would define the principal
See above.
officers as follows: (1) Under Secretary
of Homeland Security for Immigration
Affairs, (2) Assistant Secretary of
Homeland Security for Immigration
Services, and (3) Assistant Secretary of
Homeland Security for Enforcement and
Border Affairs. §1102
Definitions of Positions and Key
See Definition, §101(a), page 11.
The act would provide definitions for the
See above.
Functions
following: (1) Under Secretary of
Homeland Security for Immigration
Affairs, (2) Assistant Secretary of
Homeland Security for Immigration
Services, (3) Assistant Secretary of
Homeland Security for Enforcement and
Borders Affairs, (4) immigration laws of
the United States, (5) immigration
policy, (6) administration, and (7)
inspection functions. §1102 and §1103

CRS-14
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Head
The INA charges the Attorney General
The act would further amend Title I of
See above.
with the administration and enforcement
the INA by placing an Under Secretary
of the Act and all other laws that pertain
of Homeland Security for Immigration
to the immigration and naturalization of
Affairs in charge of the new Directorate.
aliens except for those powers that are
§1103(a)
conferred upon the President, Secretary
of State, or his officers. §103(a)
The INA further charges the INS
Commissioner with all responsibilities
and authority in the administration and
enforcement of the Act which are
conferred upon the Attorney General.
The Act also charges the Attorney
General to delegate or prescribe
responsibilities to the Commissioner.
§103(c)

CRS-15
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Functions of the Head
See above.
The act wo uld req uire the Und er
See above.
Secretary to: (1) develop and implement
immigration policy and propose,
promulgate and issue rules, regulations
and statements of policy pertaining to
immigration law; and (2) administer and
enforce the functions of the Bureaus of
Immigration Services and Enforcement
and Border Affairs; and direct, supervise
and coordinate both Bureaus. §1103(a)
The act would require the Under
Secretary to manage resources (including
information resources), and personnel
and coordinate with the Civil Rights
Officer of the DHS all immigration-
related civil rights violations. The act
would also require the Under Secretary
to assist and support the Secretary of
DHS in coordination with other
Directorates and entities outside DHS in
c o nd uc t i ng risk analys i s a n d
management activities that are consistent
with the mission and functions of the
Directorate. §1103(a)
Functions of the Head, Inspections
See above.
T h e a c t wo u l d r e q u i r e t h e U n d e r
See above.
Secretary to administer and enforce
immigration laws with regard to
inspecting all aliens at U.S. ports of
entry. §1103(a)
Compensation
The INS Commissioner is compensated
The act would require the Under
No provision.
at Level IV of the Executive Schedule.
Secretary to be compensated at Level III
(5 U.S.C. 5315)
of the Executive Schedule. §1103(b)

CRS-16
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Offices and Positions Within the
[Under the November 11, 2001 INS
The act would create the following
See offices and positions within
Head’s Office
restructuring plan, the following offices
offices and positions within the
the Bureau of Border Security,
or positions would continue to exist or be
Directorate of Immigration Affairs: (1)
§412(b)(c) and Bureau of
created under or adjunct to the
General Counsel; (2) Chief Financial
Citizenship and Immigration
Commissioner: (1) Policy, Planning and
Officer; and (3) Chief of Policy; (4)
Services §421(c-i).
Programs; (2) General Counsel; (3)
C h i e f o f C o n g r e s s i o n a l ,
Congressional and Public Affairs; (4)
Intergovernmental, and Public Affairs.
Professional Responsibility (internal
§1103(a)
audits); (5) Chief Financial Officer; (6)
Chief Information Officer; (7) Chief
Administrative Officer; and (8) Office for
Juvenile Affairs.]
General Counsel
[According to the November 11, 2001
The act would create a General Counsel
The act would create a General
INS Restructuring Plan, the General
position who would be appointed by the
Counsel position in the service
Counsel provides legal advice and
Secretary of Homeland Security in
bureau. §421(d)
assistance to the Commissioner and field
consultation with the Under Secretary
managers. The General Counsel also
and serve as the chief legal officer for
represents INS in all immigration and
the Directorate.
employee-related legal matters.]
The General Counsel would be
[The General Counsel is also established
responsible for providing legal advice,
in 8 C.F.R. 100.2(a)(1)]
determinations, regulations, and other
assistance to the Under Secretary with
regard to matters affecting the
Directorate. §1103(a)
Chief Financial Officer
[ T h e N o v e m b e r 1 1 ,
2 0 0 1
I N S
The act would create a Chief Financial
The act would create a Chief
Restructuring Plan creates a Chief
Officer position (a career ladder post at
Budget Officer in the service
Financial Officer who is responsible for
the Senior Executive Series level) who
bureau. §421(e)
the development of agency-wide
would be responsible for the
financial policy.]
Directorate’s budget formulation and
implementation. §1103(a)

CRS-17
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Chief of Policy
[The existing Office of Policy, Planning
The act would create a Chief of Policy
The act would create a Chief of
and Programs develops policy and INS’
position who would be responsible for:
Policy and Strategy position in
strategic direction and legislative
(1) establishing U.S. immigration
each Bureau. §412(b) and §421(c)
requirements. The Office also is
policies and priorities, (2) performing
responsible for INS’ statistics and
research and analysis on immigration
program development.]
issues, and (3) coordinating policy issues
between the Directorate and the Service
and Enforcement Bureaus. §1103(a)
Chief of Congressional,
[The existing Office of Congressional
The act would create a Chief of
The act would create a Chief of
Intergovernmental, and Public Affairs
and Public Affairs serves as a liaison
Congressional, Intergovernmental, and
Congressional, Intergovernmental,
with Congress, the media, and external
Public Affairs within the Directorate
and Public Affairs position within
stakeholders. The office, through
who would be responsible for: (1)
the Bureau of Citizenship and
coordination with DOJ and the Office of
providing information pertaining to
Immigration Services. §421(f)
Management and Budget, has
immigration-related issues to Congress,
responsibilities for coordinating and
(2) serving as a liaison with other federal
developing legislation, as well as views
agencies on immigration issues, and (3)
on pending legislation.]
responding to media and public inquiries
with regard to immigration issues.
§1103(a)
Office of Professional Responsibility
[The existing Office of Professional
See Office of Professional Responsibility
See Citizenship and Immigration
Responsibility performs audits and
in the service bureau, page 27.
Services Ombudsman in the
employee misconduct-related functions.
service bureau, page 31. §422(a)
The office also performs program
oversight responsibilities and ensures
proper liaison between INS and outside
organizations with regard to its
functions.]
Chief Information Officer
[ T h e N o v e m b e r 1 1 ,
2 0 0 1
I N S
No provision.
No provision.
Restructuring Plan creates a Chief
Information Officer (CIO) position. The
CIO is responsible for developing a
mechanism to share information with
other agencies.]

CRS-18
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of Administration
[ T h e N o v e m b e r 1 1 ,
2 0 0 1
I N S
No provision.
No provision.
Restructuring Plan creates an Office of
Administration that has responsibility for
all INS personnel matters with regard to
employment (e.g., human resources
matters).]
Compensation
No
provision.
The act would require the
General
No provision.
Counsel and Chief Financial Officer to
be compensated at Level IV of the
Executive Schedule. §1103(c)
Office of the Ombudsman
[Under the November 11, 2001 INS
The act would amend the INA by
The act would create a Citizenship
Restructuring Plan, a Customer
creating an Office of the Ombudsman for
and Immigratio n Services
Relations Office is created in the Service
Immigration Affairs. The Ombudsman
Ombudsman position in the
Bureau and an Ombudsman Office is
would be appointed by the Secretary of
Bureau of Citizenship and
created in the Enforcement Bureau. See
Homeland Security, after consultation
Immigration Services. §422(a)
Service Bureau and Enforcement Bureau
with the Under Secretary. §1106(a)
sections below, pages 23 and 35.]
The act would require the Ombudsman
to report to the Under Secretary and be
compensated under the Senior Executive
Service. §1106(a)
The act would give the Ombudsman the
following functions: (1) assist
individuals with resolving problems
pertaining to the Directorate or its
components; (2) identify persistent
problems experienced by the public in
dealing with the Directorate; (3) propose
potential administrative and statutory
changes to minimize the problems; and
(4) monitor the coverage and geographic
distribution of local offices. §1106(a)

CRS-19
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of the Ombudsman
None.
The act would require the Ombudsman
The act would require the
to report annually to Congress on the
Ombudsman to report no later than
Reporting requirements
objectives of the office for the upcoming
June 30 of each year to Congress
fiscal year. The act would require the
on the objectives of the office for
report to be submitted to Congress
the upcoming fiscal year. The act
without prior review or comment from
would require the report to be
other officials. The act would require
submitted to Congress without
the report to have analysis, statistical
prior review or comment from
information, and the following: (1)
other officials.
description of initiatives the Directorate
has taken with regard to improving
The act would require the report to
services and the responsiveness of the
h a v e a n a l y s i s , s t a t i s t i c a l
bureau; (2) a summary of the “most
information, and the following:
pervasive and serious problems”
(1) identification of initiatives the
experienced by individuals and
office has taken with regard to
employers; (3) an inventory of the
improving services and the
aforementioned items for which action
responsiveness of the bureau; (2)
has been taken; (4) an inventory of the
summary of the “most pervasive
aforementioned items for which action is
and serious problems” experienced
still needed; (5) an inventory of the
by individuals and employers; (3)
aforementioned items for which no
inventory of the aforementioned
a c t i o n h a s b e e n t a k e n ; ( 6 )
items for which action has been
recommendations for administrative and
taken; (4) inventory of the
legislative action, if necessary, to resolve
aforementioned items for which
problems experienced by individuals and
action is still needed; (5) inventory
employers; (7) recommendations to
of the aforementioned items for
resolve problems caused by inadequate
which no action has been taken;
funding or staffing, and (8) any other
( 6 ) r e c o m m e n d a t i o n s f o r
information the Ombudsman deems
administrative and legislative
necessary. §1106(a)
action, if necessary, to resolve
p r o b l e ms e x p e r i e n c e d b y
individuals and employers; and (7)
any other information the
Ombudsman deems necessary.
§422(c)

CRS-20
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of the Ombudsman
See above, Office of Professional
The act would charge the Ombudsman
The act would charge the
Responsibility, page 17.
with the responsibility and authority to
O m b u d s m a n w i t h t h e
Personnel actions
appoint local or regional representatives
responsibility and authority to
of the Ombudsman’s Office as in the
appoint local ombudsmen and
Ombudsman’s judgment may be
make available at least one
necessary to address and rectify
ombudsman for each state; and to
problems. §1106(a)
evaluate and take personnel
actions (including dismissal) with
respect to any employee of any
local office of the Ombudsman.
§422(e)
Office of Juvenile Affairs
[ T h e
N o v e m b e r 1 1 , 2 0 0 1 I N S
See Unaccompanied Alien Children
See Unaccompanied Alien
Restructuring Plan creates an Office of
section, page 44.
Children section, page 44. §436
Juvenile Affairs (OJA). The OJA has
overall responsibility for juvenile matters
with regard to immigration, including
leading and directing national programs
pertaining to unaccompanied alien
children in INS custody. The office is
also responsible for ensuring that
juveniles who come into contact with INS
are treated appropriately, as well as
ensuring that juveniles who are found
inadmissible/removable are removed
safely and correctly.]

CRS-21
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of Immigration Statistics
[ T h e
N o v e m b e r 1 1 , 2 0 0 1 I N S
The act would amend the Omnibus
The act would amend the Omnibus
Restructuring Plan keeps immigration
Crime Control and Safe Streets Act of
Crime Control and Safe Streets
statistics in INS’ Office of Policy,
1968 by creating an Office of
Act of 1968 (new §305) by
Planning and Programs, located under
Immigration Statistics within the
creating an Office of Immigration
the INS Commissioner.]
Directorate, headed by a director. §1107
Statistics within the Bureau of
Justice Statistics, headed by a
The act would charge the director of the
director who is appointed by the
Office with the following functions: (1)
Attorney General and reports to
maintain all immigration-related
the Director of Justice Statistics.
statistics of the newly created agency and
§425
the existing Executive Office for
Immigration Review (EOIR); (2)
The act would charge the director
establish reliability and validity
with the following functions: (1)
standards with regard to the
maintain all immigration-related
aforementioned statistics; and (3) ensure
statistics of the Bureau of
the interoperability of the agency and
Citizenship and Immigration
EOIR databases. §1107
Service and the EOIR. Require the
statistics to include information
The act would transfer the functions of
and statistics currently found in the
the Statistics Branch of the Office of
“Statistical Yearbook of the INS”;
Policy and Planning of the INS to the
(2) establish reliability and validity
newly created office. §1107
standards with regard to the
aforementioned statistics; (3)
require the Bureau of Citizenship
and Immigration Services and the
Executive Office of Immigration
Review to provide statistics to the
Office of Immigration Statistics,
and (4) collect, compile, analyze,
publish, and disseminate statistics
and information pertaining to
immigration in the U.S. and the
functions of the agency. §425
The act would transfer the
functions of the Statistics Branch
of the Office of Policy and
Planning of INS to the newly
created office. §425

CRS-22
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of Immigration Statistics
See above.
See above.
The act would create an Under
Secretary for Management who,
among other things, would be
responsible for the following: (1)
maintaining all immigration
statistical information of the
Bureau of Border Security to
include information and statistics
currently found in the “Statistical
Yearbook of the INS”; and (2)
establish reliability and validity
standards with regard to statistics
collected by the Bureau. §601
The act would transfer the
following programs of the
Statistics Branch of the Office of
Policy and Planning of INS to the
Under Secretary for Management:
(1) border patrol; (2) detention and
removal; (3) intelligence; (4)
investigation; and (5) inspections.
§601
Authorization for Appropriations
Funds are appropriated annually for INS
The act would authorize appropriations,
No provision.
under the Commerce, Justice, State, the
“such sums as may be necessary,” to
Judiciary and Related Agencies
carry out the functions of the Directorate.
Appropriations Act.
§1102
The act would require the amount
appropriated to remain available until
expended. §1102

CRS-23
Service Bureau
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Service Bureau
[Th e No vemb er 1 1 , 2 001
INS
The act would amend the INA by
The act would create a Bureau of
Restructuring Plan creates a separate
creating a Bureau of Immigration
Citizenship and Immigration
Bureau of Immigration Services.]
Services within the Directorate. §1104(a)
Services in DOJ. §421(a)
Bureau Head
[Th e No vemb er 1 1 , 2001
INS
The Bureau would be headed by an
The Bureau would be headed by
Restructuring Plan calls for an Executive
Assistant Secretary of Homeland
an Assistant Attorney General for
Commissioner for Immigration Service
Security for Immigration Services who
Citizenship and Immigration
to head the Bureau. The Executive
would be appointed by the Secretary of
Services who reports directly to
Commissioner for Immigration Service
Homeland Security. The Assistant
the Deputy Attorney General.
administers Area Directors, and the field
Secretary would report directly to the
§421(a)
office directors.]
Under Secretary. §1104(a)
Bureau Head Requirements
No provision.
No provision.
T h e a c t w o u l d r e q u i r e t h e
Assistant Attorney General for
Citizenship and Immigration
Services to have a minimum of 10
years professional experience in
adjudication determinations
pertaining to government benefits
or services. The act would require
that at least 5 of the 10 years of
professional experience be at a
managerial capacity or having
c o m p a r a b l e m a n a g e m e n t
experience. §421(a)(2)(B)
Compensation
None.
The act would require the Assistant
No provision.
Secretary to be paid at Level IV of the
Executive Schedule. §1104(b)

CRS-24
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Functions of the Service Bureau
[ T h e N o v e m b e r 1 1 , 2 0 0 1 I N S
The act would charge the Assistant
The act would require the
Restructuring Plan charges the Service
Secretary of the Bureau (under the
Assistant Attorney General for
Bureau with the following: (1) providing
authority of the Secretary and the Under
Citizenship and Immigration
immigration benefits under the INA; (2)
S e c r e t a r y ) wi t h a d mi n i s t e r i n g
Services to: (1) establish and
m a k i n g a s y l u m a n d r e f u g e e
immigration services and adjudication
oversee the administration of
determinations; (3 ) processing
functions, including the following: (1)
relevant policies, (2) advise the
naturalization and adjustment of status
adjudications of nonimmigrant and
Deputy Attorney General with
applications; and (4) processing
immigrant petitions; (2) adjudications of
respect to any policy or operation
requests for employment authorization.]
visas and other entry documents, and
that may affect the Bureau of
change and adjustment of status; (3)
Immigration Enforcement in the
adjudications and naturalization
DHS, (3) meet regularly with the
applications; (4) adjudications of asylum
Citizenship and Immigration
and refugee applications; (5)
Services Ombudsman to correct
determinations with regard to custody,
problems and establish procedures
parole, and conditions of parole, as well
that would require a formal
as the responsibility for the detention of
response to any recommendations
i n d i v i d u a l s s u b j e c t t o s u c h
submitted in the Ombudsman’s
determination, pertaining to asylum
annual report, (4) design,
seekers who lack prior non-political
implement and report to Congress
criminal records and who have been
on a managerial rotation program,
found to have a credible fear of
and (5) implement a pilot program
persecution; (6) adjudications performed
that would eliminate (and prevent
at service centers, and (7) all other
from recurring) the backlog
adjudications under U.S. immigration
pertaining to the processing of
law, as well as training of personnel.
immigration benefit applications.
§1104(a)
§421(a)

CRS-25
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Managerial Rotation Program
No provision.
No provision.
T h e a c t w o u l d r e q u i r e t h e
Assistant Attorney General, no
later than 1 year after the effective
date specified in Section 427
(“immediately before such transfer
occurs”), to design and implement
a managerial rotation program
under which the Bureau’s
employees holding positions
i n v o l v i n g s u p e r v i s o r y o r
managerial responsibility and
classified at GS-14 or above,
would, as a condition of further
promotion, gain some experience
in all the major functions
performed by the Bureau and work
in at least one field office and one
service center of the Bureau.
The act would require the Attorney
General to submit a report to
Congress on implementation of the
program not later than 2 years after
the effective date specified in
Section 427 (“immediately before
such transfer occurs”). §421(a)(4)

CRS-26
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Functions of the Executive
[The November 11, 2001 INS
The act would charge the Under Secretary
The act would require the
Commissioner for Immigration
Restructuring Plan charges the Executive
(under the direction of the Secretary)
Assistant Attorney General for
Services/Under Secretary/Assistant
Commissioner with providing overall
acting through the Assistant Secretary for
Citizenship and Immigration
Attorney General for Citizenship and
leadership to the Bureau.]
Immigration Services with establishing
Services to: 1) establish and
Immigration Services
offices, including sub-offices and satellite
oversee the administration of
offices, throughout the U.S. that are
relevant policies, (2) advise the
located near the community served and
Deputy Attorney General with
taking into consideration the office’s
respect to any policy or
workload with regard to improving the
operation that may affect the
backlog and improving customer service.
B u r e a u o f I mmi g r a t i o n
§1104(c)
Enforcement in the DHS, (3)
meet regularly with the
Citizenship and Immigration
Services Ombudsman to correct
p r o b l e ms a n d e s t a b l i s h
procedures that would require a
formal response to any
recommendations submitted in
the Ombudsman’s annual report,
(4) design, implement and report
to Congress on a managerial
rotation program, and (5)
implement a pilot program that
would eliminate (and prevent
from recurring) the backlog
pertaining to the processing of
immigration benefit applications.
§421(a)

CRS-27
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Employee Discipline
No provision.
No provision.
T h e a c t wo u l d p e r mit t h e
Assistant Attorney General for
Citizenship and Immigration
Services, notwithstanding any
other provision of law, to impose
disciplinary action, including
termination of employment,
pursuant to policies and
procedures applicable to FBI
employees, on any employee of
the Bureau who willfully
deceives the Congress or agency
leadership on any matter. §424
Offices and
[Under the November 11, 2001 INS
The act would create the following offices
The act would create the
positions within the Bureau
Restructuring Plan the following offices
and positions within the Bureau: (1)
following offices and positions
or positions would continue to exist or be
Chief Budget Officer, (2) Office of
within the Bureau: (1) Chief of
created under or adjunct to the Executive
Quality Assurance, and (3) Office of
Policy and Strategy; (2) General
Commissioner for Immigration Service:
Professional Responsibility. §1104(a)
Counsel; (3) Chief Budget
(1) Office of Customer Relations; (2)
Officer; (4) Chief o f
Office of Quality Assurance; (3) Office of
C o n g r e s s i o n a l ,
Service Center Operations; (4) Office of
Intergovernmental, and Public
the Area Directors; and (4) Office of
Affairs; (5) Office of Quality
Asylum and Refugee Affairs.]
Assurance; (6) Border Security
Liaison; (7) Chief of Office of
Citizenship; and (8) Citizenship
and Immigration Services
O m b u d s m a n .
§421(c)(d)(e)(f)(g)(h)(i)
Chief Budget Officer
See Chief Financial Officer under the
The act would create a Chief Budget
The act would create a Chief
Commissioner in the Status of INS
Officer who would report to the Chief
Budget Officer who would be
section, page 16.
Financial Officer of the Directorate. The
responsible for: (1) formulating
Chief Budget Officer would be
and executing the bureau’s
responsible for monitoring and
budget, (2) all financial matters
supervising all financial matters of the
of the bureau; and (3) the
bureau. §1104(a)
collection of all payments, fines,
and other debts for the bureau.
§421(e)

CRS-28
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of Quality Assurance
[ T h e
N o v e m b e r 1 1 , 2 0 0 1 I N S
The act would create an Office of Quality
See §423 below.
Restructuring Plan creates an Office of
Assurance that would be responsible for
Quality Assurance that is responsible for
ensuring that the Directorate’s policies
developing quality assurance and audit
with regard to the service bureau’s
programs.]
functions are properly carried out and
ensure efficient record management.
§1104(a)
Office of Professional Responsibility
See Office of Professional Responsibility
The act would create an Office of
The act would require the
(S. 2452)/Professional Responsibility
under the Commissioner in the Status of
Professional Responsibility position that
Assistant Attorney General for
and Quality Review (H.R. 5005)
INS section, page 17.
would be responsible for ensuring the
Citizenship and Immigration
professionalism of the Bureau and
Services to be responsible for
accepting and investigating charges of
professional responsibility and
employee misconduct made by the public.
quality review, specifically to:
§1104(a)
(1) conduct investigations of
employees of the Bureau with
regard to allegations involving
n o n c r i mi n a l mi s c o n d u c t ,
corruption and fraud that is not
subject to investigation by the
Inspector General; (2) inspect the
operations of the Bureau and
provide assessments with regard
to the quality of operations; and
(3) provide an analysis of the
management of the Bureau.
The act would require the
following special considerations
with regard to assessment of
operational decisions made by
the Bureau: (1) accuracy of
findings, (2) any fraud or
misrepresentation associated
with the decision, and (3) the
efficiency of making such
decisions. §423

CRS-29
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Chief of Policy
See
Chief
o f
P o licy und er the
The act would create a Chief Policy
The act would create a Chief of
Commissioner in the Status of INS
Officer position under the Directorate,
Policy and Strategy position that
section, page 17.
page 17. §1103
would be responsible for (1)
e s t a b l i s h i n g n a t i o n a l
immigration services policies
and priorities, (2) performing
research and analysis on
immigration services issues, and
(3) coordinating policy issues
with the Chief of Policy and
Strategy in the Department of
Homeland Security’s Bureau of
Border Security. §421(c)
General Counsel
See General Counsel Office under the
The act would create a General Counsel
The act would create a General
Commissioner in the Status of INS
position under the Directorate, page 16.
Counsel position to serve as the
section, page 16.
§1103
main legal advisor to the
Assistant Attorney General for
Citizenship and Immigration
Services. The General Counsel
would be responsible for: (1)
p r o v i d i n g l e g a l a d v i c e ,
determinations, regulations, and
other assistance with regard to
matters affecting the Bureau of
Citizenship and Immigration
Services; and (2) representing
the bureau in matters pertaining
to the functions of the bureau.
§421(d)

CRS-30
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Chief of Congressional,
See Office of Congressional and Public
The act would create a Chief of
The act would create a Chief of
Intergovernmental, and Public Affairs
Affairs under the Commissioner in the
Congressional, Intergovernmental, and
C o n g r e s s i o n a l ,
Status of INS section, page 17.
Public Affairs position under the
Intergovernmental, and Public
Directorate, page 17. §1103
Affairs position that would be
responsible for: (1) providing
immigration services information
to Congress, (2) serving as a
liaison with other federal
agencies on immigration services
issues, and (3) responding to
media and public inquiries with
regard to immigration services
issues. §421(f)
Border Security Liaison
None.
No provision.
The act would create a Border
Security Liaison who would be
responsible for the allocation and
coordination of resources for the
purpose of supporting shared
support functions for the Bureau
of Border Security of the DHS.
The liaison is responsible for (1)
i n f o r m a t i o n r e s o u r c e s
management, (2) records and file
management, and (3) forms
management. §421(g)
Chief of Office of Citizenship
None.
No provision.
The act would create a Chief of
the Office of Citizenship position
that would be responsible for
promoting instruction and
t r a i n i n g o n c i t i z e n s h i p
responsibilities for aliens
i n t e r e s t e d i n b e c o mi n g
naturalized citizens. §421(h)

CRS-31
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of the Ombudsman
[ T h e
N o v e m b e r 1 1 , 2 0 0 1 I N S
The act would create an Office of the
The act would create a
Restructuring Plan creates an Office of
Ombudsman in the Directorate, page 18.
Citizenship and Immigration
Customer Relations.]
§1106(a)
Services Ombudsman position.
The Ombudsman would report
directly to the Deputy Attorney
General. §422(a)
Office of the Ombudsman
[The November 11, 2001 INS
See
above.
The act would require
the
Restructuring Plan charges the Office of
Ombudsman to have experience
Responsibilities
Customer Relations with overseeing
in customer service and
customer service initiatives and issues in
immigration law.
the Bureau. The Office is responsible for
all aspects of customer relations,
The Ombudsman would be
including the following: (1) maintaining
responsible for assisting clients
the Customer Service Center; (2)
and employers, identifying issues
providing service-related information on
pertaining to problems, resolving
the INS website; (3) providing customer
them, and proposing changes in
satisfaction surveys; and (4) providing
administrative practices. The
service-related outreach to the public.
Ombudsman is responsible for
The Office also assists customers with
identifying potential legislative
application-related difficulties.]
changes that could aid in
mitigating such problems.
§422(b)

CRS-32
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of the Ombudsman (Cont.)
See above.
No provision.
The act would require the
Ombudsman to: (1) monitor
Responsibilities
the local offices of the
Ombudsman, including the
geographic allocation of such
offices; (2) develop guidelines
for all of the service bureau’s
officers and employees with
regard to the criteria for referral
of inquiries to local
Ombudsman offices; (3) ensure
that all local office telephone
numbers are published and
made available; and (4) meet
regularly with the director of
the service bureau to identify
problems and present
recommendations for resolution
of such problems. §422(d)
Office of the Ombudsman
[The November 11, 2001 INS
The act would charge the Ombudsman
The act would charge the
Restructuring Proposal calls for the
with the responsibility and authority to
Ombudsman with the
Personnel Actions
Office of Customer Relations to refer
appoint local or regional representatives
responsibility and authority to
cases of employee misconduct to the
of the Ombudsman’s Office as in the
appoint local ombudsmen and
Office of Professional Responsibility,
Ombudsman’s judgment may be
make available at least one
located under the Commissioner, page
necessary to address and rectify problems.
ombudsman for each state; and
17.]
§1106(a)
to evaluate and take personnel
actions (including dismissal)
with respect to any employee of
any local office of the
Ombudsman. §422(e)
Office of the Ombudsman
No provision.
No provision.
The act would require the
Bureau director to establish
procedures that would require a
formal response to all
recommendations submitted by
the Ombudsman within 3
months after the submission.
§422(f)

CRS-33
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of the Ombudsman
See above.
No provision.
The act would require the local
ombudsmen to report to the
Local Ombudsmen
O mbudsman; and no t i fy
individuals and employers
seeking assistance of the local
office that the local Ombudsman
operates independently and
reports directly to Congress
through the Ombudsman.
The act would permit the local
ombudsman to consult with
relevant supervisory staff of the
service bureau with regard to the
daily operation of the local
o f f i c e ; a n d m a k e t h e
determination not to disclose
individuals or employees seeking
its assistance to the service
b u r e a u , a t t h e l o c a l
ombudsman’s discretion.
The act would require each local
office of the Ombudsman to
maintain communication means,
including a post office address,
that is separate from the service
bureau. §422(g)

CRS-34
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of the Ombudsman
None.
The act would require the Ombudsman to
The act would require the
report annually to Congress on the
Ombudsman to report no later
Reporting Requirements
objectives of the office for the upcoming
than June 30 of each year to
fiscal year. The act would require the
Congress on the objectives of the
report to be submitted to Congress
office for the upcoming fiscal
without prior review or comment from
year. The act would require the
other officials.
report to be submitted to
Congress without prior review or
The act would require the report to have
comment from other officials.
analysis, statistical information, and the
following: (1) description of initiatives
The act would require the report
the Directorate has taken with regard to
to have analysis, statistical
i m p r o v i n g s e r v i c e s a n d t h e
information, and the following:
responsiveness of the bureau; (2) a
(1) identification of initiatives
summary of the “most pervasive and
the office has taken with regard
serious problems” experienced by
to improving services and the
individuals and employers; (3) an
responsiveness of the bureau; (2)
inventory of the aforementioned items for
summary of the “most pervasive
which action has been taken; (4) an
a n d s e r i o u s p r o b l e m s ”
inventory of the aforementioned items for
experienced by individuals and
which action is still needed; (5) an
employers; (3) inventory of the
inventory of the aforementioned items for
aforementioned items for which
which no action has been taken; (6)
action has been taken; (4)
recommendations for administrative and
inventory of the aforementioned
legislative action, if necessary, to resolve
items for which action is still
problems experienced by individuals and
needed; (5) inventory of the
employers; (7) recommendations to
aforementioned items for which
resolve problems caused by inadequate
no action has been taken; (6)
funding or staffing, and (8) any other
r e c o m m e n d a t i o n s f o r
information the Ombudsman deems
administrative and legislative
necessary. §1106(a)
action, if necessary, to resolve
problems experienced by
individuals and employers; and
(7) any other information the
Ombudsman deems necessary.
§422(c)

CRS-35
Current law /
S.Amdt . 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Interim Service of INS Commissioner
None.
T h e
a c t w o u l d p e r m i t t h e I N S
The act would permit the
Commissioner to serve as Under
Attorney General or his/her
Secretary until one is appointed. §1117
delegate to perform immigration
functions transferred by this
subchapter to the Bureau of
Citizenship and Immigration
Services. §426
Fees
Section 286(m) of the INA deposit all
Similar to current law, except would
The act would maintain the INA
adjudication fees as offsetting receipts
require fees collected for service
provisio n that fe es fo r
into separate accounts, with the exception
programs to be used for that purpose (and
adjudication and naturalization
of fees collected from applicants in the
refugee and asylum processing if
services be deposited into the
Virgin Islands and Guam.
insufficient funds are appropriated) and
Immigration Examinations Fee
would also require separate accounts to be
Account.
established in the Treasury of the U.S. for
service and enforcement bureaus. §1121
The act would require that fees
collected for adjudication and
The act would require amounts
naturalization services no longer
appropriated to be made available until
fund refugee and asylum
expended. §1121
processing.
The act would authorize appropriations of
The act would authorize
“such sums as may be necessary” for
appropriations of “such sums as
refugee and asylum adjudications to be
may be necessary”. §431
deposited into the Immigration
Examinations Fee Account. §1121(c)
Enforcement Bureau
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Enforcement Bureau
[ T h e No v e m b e r 1 1 , 2 0 0 1
I N S
The act would amend the INA by creating
The act would create a Bureau of
Restructuring Plan creates a separate
a Bureau of Enforcement and Border
Border Security within DHS.
Bureau of Immigration Enforcement.]
Affairs within the Directorate. §1105(a)
§412(a)

CRS-36
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Bureau Head
[T h e N o v e m b e r 1 1 , 2 0 0 1
INS
The act would charge an Assistant
The act would charge an
Restructuring Plan calls for an Executive
Secretary of Homeland Security for
Assistant Secretary of the Bureau
C o m m i s s i o n er fo r Immig ra tio n
Enforcement and Border Affairs (who
of Border Security to head the
Enforcement to head the Bureau. Under
would be appointed by the Secretary of
Bureau. §412(a)
the Executive Commissioner for
Homeland Security in consultation with
Immigration Enforcement would be the
the Under Secretary to head the Bureau).
Chief of the Border Patrol and Interior
§1105(a)
Enforcement Division, the Director of the
Detention and Removal Division, and the
Director of the International Division.]
Requirement
No provision.
No provision.
The act would require the
Assistant Secretary of the Bureau
of Border Security to have a
minimum of 10 years experience
in law enforcement. §412(a)
Compensation
No provision.
The act would require the Assistant
No provision.
Secretary of Homeland Security for
Enforcement and Border Affairs to be
compensated at Level IV of the Executive
Schedule. §1105(b)

CRS-37
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Functions of the Enforcement Bureau
[ T h e N o v e m b e r 1 1 , 2 0 0 1 I N S
The act would charge the Assistant
The act would require the
Restructuring Plan charges the Bureau
Secretary of Homeland Security for
Assistant Secretary of the Bureau
with enforcing U.S. immigration laws and
Enforcement and Border Affairs (under
of Border Security to establish
protecting the border.]
the authority of the Under Secretary) with
and oversee the administration of
administering immigration enforcement
relevant policies and advise the
functions, including the following
Under Secretary for Border and
functions: (1) border patrol function, (2)
Transportation Security with
immigration detention function, except
respect to any policy or
asylum seekers, (3) removal function, (4)
operation that may affect the
intelligen c e fu n c tio n, and (5 )
Bureau of Citizenship and
investigation function, including training
Immigration Services in DOJ.
of personnel. §1105(a)
§412(a)
The act would require the Under
Secretary of the Bureau of
Border Security to establish the
policies for performing the
following functions: (1) border
patrol, (2) detention and
removal, (3) intelligence, (4)
i n v e s t i g a t i o n s a n d ( 5 )
inspections. §412(a)(3)(A)

CRS-38
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Foreign Student Monitoring
The law requires the Attorney General, in
No
provision.
The act would require
the
consultation with the Secretaries of State
Assistant Secretary to administer
and Education, to collect information on
this program to collect
F, J, and M nonimmigrants (i.e., students
information on nonimmigrant
and cultural exchange participants) from
foreign students and other
approved educational institutions and
exchange program participants.
designated exchange programs. The act
§412(a)(4)
requires the information to be collected
electronically “where practical.”
§641(a)(c)(3) of Illegal Immigration and
Reform and Immigrant Responsibility Act
(IIRIRA) of 1996.
The Enhanced Border Security and Visa
Entry Reform Act (EBSVERA) of 2002
amended IIRIRA by requiring the
Attorney General, in consultation with the
Secretary of State, to establish electronic
means to monitor and verify:
documentation of acceptance of student
by approved school or designated
exchange program; transmittal of
documentation to DOS Bureau of
Co nsular Affairs; i s s u a n c e o f
nonimmigrant visa to student or exchange
visitor; admission of student or exchange
visitor to the U.S.; notice to school or
exchange program that nonimmigrant has
been admitted to the U.S.; registration and
enrollment of nonimmigrant in school or
exchange program; and any other relevant
act by the nonimmigrant, including
changing schools or programs.
§501(a)(1) of EBSVERA.

CRS-39
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Managerial Rotation Program
None.
No provision.
T he act wo uld req uire the
Assistant Secretary of the Bureau
of Border Security, no later than
1 year after the date on which the
transfer of functions specified in
Section 411 (immediately before
such transfer occurs), to design
and implement a managerial
rotation program under which
Bureau employees holding
positions involving supervisory
or managerial responsibility and
classified at GS-14 or above,
would, as a condition on further
promotion, gain some experience
in all the major functions
performed by the Bureau and
work in at least one local office
of the Bureau. §412(a)(5)(A)
The act would require the
Secretary to submit a report to
Congress on the implementation
of the program not later than 2
years after the date on which the
transfer of functions specified at
Section 411 takes effect.
§412(a)(5)(B)

CRS-40
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Functions of the Executive
[The November 11, 2001 INS
The act would charge the Under Secretary
The act would require the
Commissioner for Immigration
Restructuring Plan charges the Executive
(under the direction of the Secretary)
Assistant Secretary of the Bureau
Enforcement/Under Secretary/ Assistant
Commissioner with providing overall
acting through the Assistant Secretary for
of Border Security to establish
Secretary of the Bureau of Border
leadership to the Bureau.]
I mmi g r a t i o n Enfo r c e me n t wi t h
and oversee the administration of
Security
establishing offices, including sub-offices
relevant policies and advise the
and satellite offices, throughout the U.S.
Under Secretary for Border and
that are in line with trends of unlawful
Transportation Security with
entry and national security concerns.
respect to any policy or
operation that may affect the
The act would require the Under
Bureau of Citizenship and
Secretary to conduct periodic reviews of
Immigration Services in DOJ.
the offices and their locations to
§412(a)
determine their appropriateness.
§1105(c)
Employee Discipline
None.
No provision.
The act would permit the Under
Secretary for Border and
T r a n s p o r t a t i o n S e c u r i t y,
notwithstanding any other
provision of law, to impose
disciplinary action, including
termination of employment,
pursuant to policies and
procedures applicable to FBI
employees, on any employee of
the Bureau who willfully
deceives the Congress or agency
leadership on any matter. §414

CRS-41
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Offices and Positions within the Bureau
[Under the November 11, 2001 INS
The act would create the following offices
The act would create the
Restructuring Plan the following offices
and positions within the Bureau: (1)
following offices and positions
or positions would continue to exist or be
Chief Budget Officer; (2) Office of
within the Bureau: (1) Chief of
created under or adjunct to the Executive
Professional Responsibility; and (3)
Policy and Strategy; (2)
C o m m issio n er fo r Immi g r a t i o n
Office of Quality Assurance. §1105(a)
Citizenship and Immigration
Enforcement: (1) Ombudsman; (2) Office
Services Liaison; and (3)
of Quality Assurance; (3) Interagency
Professional Responsibility and
Liaison Officer; (4) Chief Border Patrol
Quality Review. §412(b)(c), and
and Interior Enforcement Division; (5)
§413
Director of the Detention and Removal
Division; and (6) Director of the
International Division.]
Chief Budget Officer
See Chief Financial Officer under the
The act would create a Chief Budget
No provision.
Commissioner in the Status of INS
Officer position in the enforcement
section, page 16.
bureau. The Chief Budget Officer would
report to the Chief Financial Officer of
the Directorate. The Chief Budget
Officer would be responsible for
monitoring and supervising all financial
matters of the bureau. §1105(a)
Office of Professional Responsibility (S.
See Office of Professional Responsibility
The act would create an Office of
The act would make the Under
2452) Professional Responsibility and
under the Commissioner in the Status of
Professional Responsibility that would be
Secretary for Border and
Quality Review (H.R. 5005)
INS section, page 17.
r e s p o n s i b l e f o r e n s u r i n g t h e
T r a n s p o r t a t i o n S e c u r i t y
professionalism of the Bureau and
responsible for: (1) conducting
accepting and investigating charges of
investigations of employees of
employee misconduct made by the public.
the bureau with regard to
§1105(a)
a l l e g a t i o n s i n v o l v i n g
n o n c r i mi n a l m i s c o n d u c t ,
corruption and fraud that is not
subject to investigation by the
Inspector General; (2) inspecting
the operations of the bureau and
providing assessments with
regard to the quality of
operations; and (3) providing an
analysis of the management of
the Bureau. §413

CRS-42
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Office of Quality Assurance
[ T h e
N o v e m b e r 1 1 , 2 0 0 1 I N S
The act would create an Office of Quality
No provision.
restructuring plan creates an Office of
Assurance that would be responsible for
Quality Assurance that is responsible for
ensuring that the Directorate’s policies
monitoring the enforcement activities.]
with regard to the enforcement bureau’s
functions are properly carried out, and
ensuring efficient record management.
§1105(a)
Chief
of
Policy
See Chief o f P o licy
und er
the
The act would create a Chief of Policy
The act would create a Chief of
Commissioner in the Status of INS
position under the Directorate, page 17.
Policy and Strategy who would
section, page 17.
§1103
be responsible for: (1)
e s t a b l i s h i n g n a t i o n a l
i mmi g r a t i o n e n fo r c emen t
policies and priorities, (2)
performing research and analysis
on immigration enforcement
issues, and (3) coordinating
policy issues with the Chief of
Policy and Strategy for the
Bureau of Citizenship and
Immigration Services in DOJ.
§412(b)
Citizenship and Immigration Services
None.
No
provision.
The act wo uld create
a
Liaison
Citizenship and Immigration
Services Liaison who would be
responsible for the allocation and
coordination of resources for the
purpose of supporting “shared
support functions” for DOJ’s
Bureau of Citizenship and
Immigration Services and DHS’s
Bureau of Border Security. The
liaison would also be responsible
for: (1) facilities management,
(2) information resources
management, (3) records and file
management, and (4) forms
management. §412(c)

CRS-43
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Interagency Liaison Officer
[ T h e N o v e m b e r 1 1 , 2 0 0 1 I N S
No provision.
No provision.
Restructuring Proposal creates an
interagency Liaison Officer who is
responsible for facilitating information
sharing with other federal, state, and
local agencies.]
Ombudsman
[The November 11, 2001 INS
See Office of the Ombudsman under the
See Office of the Ombudsman
Restructuring Proposal creates an Office
Directorate, page 18. §1106(a)
under the Service Bureau, page
of the Ombudsman that provides the
31. §422(a)
following: (1) the public a means of
communication with regard to
enforcement activities and (2) a
resolution to complaints and allegations
of serious misconduct to the Office of
Professional Responsibility. The plan
provides a representative of the
Ombudsman for the Border Patrol and
Interior Enforcement Division and the
Detention and Removal Division.]
Chief of Border Patrol and Interior
[The November 11, 2001 INS
No provision.
No provision.
Enforcement Division
Restructuring Proposal creates a position
of Chief of Border Patrol and Interior
Enforcement Division that has
responsibility over all of the INS-related
law enforcement components.]
Director of the Detention and Removal
[The November 11, 2001 INS
No provision.
No provision.
Division
restructuring plan creates a position of
Director of Detention and Removal who
has overall responsibility over INS
detention facilities.]
Director of the International Division
[ T h e N o v e m b e r 1 1 , 2 0 0 1 I N S
No provision.
No provision.
restructuring plan creates a position of
Director of the International Division
who is in charge of foreign government
training and liaison and enforcement
functions.]

CRS-44
Unaccompanied Alien Children
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Title of the Act
None.
The act would provide the following title:
No provision.
“Unaccompanied Alien Child Protection
Act of 2002.” §1201
Definitions
The law establishes an Office of Refugee
The act would define (1) Director as the
The act would provide a similar
Resettlement headed by a Director in the
Director of the (2) Office of Refugee
definition for unaccompanied
Department of Health and Human
Resettlement (ORR); (3) Office as the
alien child. The act would define
Services. §411(a)
ORR; Service as INS; (4) Unaccompanied
placement as placing an
Alien Child as having no lawful
unaccompanied minor in a
immigration status in the U.S., has not
detention facility or an
reached the age of 18, has no parent or
alternative facility. §436(g)
legal guardian in the U.S. or has no parent
or legal guardian in the U.S. available to
provide care and physical custody; (5)
voluntary agency as a private, nonprofit
voluntary agency that has expertise in
meeting the needs of unaccompanied
alien children and is licensed
appropriately; and (6) unaccompanied
refugee children as having no lawful
immigration status in the U.S., has not
reached the age of 18, has no parent or
legal guardian in the U.S. or has no parent
or legal guardian in the U.S. available to
provide care and physical custody. §1202

CRS-45
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Functions
See Office of Juvenile Affairs under the
The act would charge the Director with
Similar provision, except the act
Commissioner, page 20.
the following responsibilities pertaining
also encourages the Office to
to unaccompanied alien children: (1)
reunite unaccompanied alien
coordinate and implement law and policy;
children with their families
(2) assure that their interests are
abroad when appropriate.
considered in all decisions pertaining to
§436(a)(b)
his/her care and custody; (3) make
placement, release and detention
determinations on all unaccompanied
minors in custody; (4) implement all
placement, release and detention
determinations made by the Office; (5)
convene, in the absence of the Assistant
Secretary of the Administration for
Children and Families of DHHS, the
I n t e r a g e n c y T a s k F o r c e o n
Unaccompanied Alien Children; (6)
identify adequate and qualified
individuals, entities, and facilities to
house unaccompanied minors; (7) oversee
facilities and personnel that house and
care for unaccompanied minors; (8)
compile, update, and publish on an annual
basis a list by states of professionals or
entities qualified to contract with the
Office to provide relevant services; (9)
maintain statistics and other data on
unaccompanied minors including
biographical information, the date the
minor came into custody, placement,
removal, or release information and an
explanation for all detention and release
cases, and information on dispositions
pertaining to unaccompanied minors; (10)
collect and compile statistics from the
Service on unaccompanied alien minors
with whom they come into contact; and
(11) conduct investigations and
inspections of facilities that house
unaccompanied minors; and (12) conduct

CRS-46
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
investigations and inspections of facilities
that house unaccompanied minors. §1211
Placement Decisions
[Note: 8 CFR §236.3 sets out current
No
provision.
The act would requires
the
policy for detention and release of
Director of ORR to consult the
unaccompanied alien minors in INS
appropriate juvenile justice
custody.]
professionals and the directors of
the service and enforcement
Bureaus when making placement
decisions with regard to
unaccompanied minors to assure
the following: (1) that
unaccompanied minors are likely
to appear for all of their
hearings; (2) that unaccompanied
minors are protected from
smuggling, traffickers, and
others who might victimize them
or engage them in illegal
activities; and (3 ) that
unaccompanied minors are
placed in a safe setting.
The act would prohibit the
Director of ORR from releasing
unaccompanied minors on their
own recognizance. §436(b)(2)
Interagency Task Force
None.
The act would establish an interagency
No provision.
task force on unaccompanied alien
children with representatives from
DHHS, DHS, and DOS and other
agencies designated by the President.
The act would charge the DHHS
Assistant Secretary for Children and
Families to chair the interagency task
force. §1212

CRS-47
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Procedures for Handling
[See 8 CFR §236.3]
The act would establish procedures to
No provision.
Unaccompanied Alien Minors
handle unaccompanied alien children at
the border, or at ports of entry.
The act would allow for removal of alien
children if deemed inadmissible under the
INA, unless the child is a national of a
country contiguous to the U.S. and who
fears persecution or would be harmed if
returned to that country.
The act would place custody of all
unaccompanied alien children found in
the interior of the United States under the
jurisdiction of the ORR, with exception of
children who have committed crimes and
or threaten national security. §1221
Family Reunification
[See 8 CFR §236.3]
T h e a c t w o u l d e n c o u r a g e f a m i l y
No provision.
reunification by requiring ORR to place
an unaccompanied alien child with one of
the following in order of preference: (1)
a parent; (2) a legal guardian; (3) an adult
relative; (4) an entity designated by the
parent or legal guardian; (5) a state-
licensed juvenile shelter or group home;
or (6) other qualified adults or entities.
§1222

CRS-48
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Detention Standards
None.
The act would require ORR to: (1)
No provision.
establish appropriate standards and
conditions for the detention of
unaccompanied alien children; (2)
provide appropriate educational services,
medical and mental health care; (3)
provide access to telephones, legal
services, and interpreters; (4) provide
supervision by professionals trained in the
care of children; (5) provide recreational
programs and activities, (6) provide
spiritual and religious needs; and (7)
provide dietary needs.
The act would prohibit shackling,
handcuffing, or other restraints; solitary
confinement; or pat or strip searches of
children. §1223
Sense of Congress
None.
The act would state that it is a sense of
No provision.
Repatriation of Children
Congress that the United States shall
undertake efforts to ensure that it does not
repatriate children in its custody into
settings that would threaten the life and
safety of the child.
The act would require ORR to assess
conditions of countries to which alien
children may be repatriated; would
require ORR to submit a report to
Congress providing information on
efforts to repatriate unaccompanied
children. §1224
Determination of Age
None.
The act would require ORR to establish
No provision.
procedures for determining age of
children. §1225

CRS-49
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Guardian ad litem
None.
The act would require ORR, no later than
No provision.
72 hours after it assumes custody of an
unaccompanied alien child, to appoint a
guardian ad litem to look after the child’s
best interests.
The act would establish qualifications,
duties, and powers of the guardian ad
litem. §1231
Counsel
None.
The act would require ORR to ensure that
No provision.
all unaccompanied alien children have
competent legal counsel appointed to
represent them in immigratio n
proceedings.
The act would encourage ORR to utilize
pro bono attorneys; otherwise, the ORR
would appoint government-funded
counsel. §1232
Effective Date
None.
The act would set the effective date as 1
No provision.
year after effective date of enactment of
Division A of this act.
The act would make the provision
applicable to all such children in federal
custody on, before, or after the effective
date of the subtitle. §1233
Immigrant Status
The law defines a “special immigrant”
The act would amend the special
No provision.
preference category for admission as a
immigrant provisions in §101(a) (27)(J)
legal permanent resident. §101(a)(27)
of the INA to enable abused, neglected
and abandoned alien youths who become
wards of the court to adjust to legal
permanent resident status. §1241

CRS-50
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Training for Personnel Working with
None.
The act would require DHHS and DHS to
No provision.
Unaccompanied Alien Children
jointly offer training to state and local
officials involved in dependency
proceedings, social service providers, as
well as DHS immigration personnel who
come into contact with unaccompanied
alien children. §1242
Sense of Congress on Refugee Children
None.
T he act wo uld exp r e s s a sense of
No provision.
Congress commending INS for the
issuance of its Guidelines for Children’s
Asylum Claims.
The act would require the Secretary of
Homeland Security to provide training to
asylum officers, immigration judges,
members of the Board of Immigration
Appeals and immigration officers on
these guidelines. §1251
Analysis of Situation of Refugee
None.
The act would require an analysis of the
No provision.
Children
situation faced by unaccompanied refugee
children around the world and require
training on the needs of these children.
§1252
Authorization for Appropriations
Funds are appropriated annually for INS
The act would authorize appropriations,
No provision.
under the Commerce, Justice, State, the
“such sums as may be necessary,” to
Judiciary and Related Agencies
carry out this Title.
Appropriations Act.
The act would require the amount
appropriated to remain available until
expended. §1261

CRS-51
Visa Issuance Functions
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Visa Issuance
The INA specifies that the Secretary of
The act would give the Secretary of DHS
The act would give the Secretary
State administers and enforces the
authority to issue regulations on visa
of DHS authority to issue
provisions of all immigration laws
policy, but would provide that the
regulations on visa policy.
pertaining to the powers, duties, and
Secretary may delegate this authority to
§403(a)
functions of the diplomatic and consular
the Secretary of State. §102(c)(2)
officers, except the powers, duties, and
functions relating to granting or refusing
visas that are directly conferred on
consular officers. §104(a)
Exclusion on Basis of National Security
The law bars from entry into the U.S. any
The act would expand the current
Similar provision. §403(b)
alien who has engaged in or incited
exclusion authority of the Secretary of
terrorist activity, is reasonably believed to
State by permitting the Secretary to direct
be carrying out a terrorist activity, or is a
a consular officer to exclude an alien
representative or member of a designated
when necessary or advisable in the
foreign terrorist organization. The USA
foreign policy or security interests of the
PATRIOT Act added representatives of
U.S. §102(c)(2)
groups that endorse terrorism, prominent
individuals who endorse terrorism, and
spouses and children of aliens who are
deportable on terrorism grounds on the
basis of activities occurring within the
previous 5 years. §212(a)(3) [Note:
When §601 of the Immigration Act of
1990 rewrote §212(a) of the INA, it made
current law significantly more
circumscribed in regard to the discretion
to exclude aliens on general, foreign
policy and security grounds.]

CRS-52
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Exclusion on Other Foreign Policy and
Other laws in addition to the INA exclude
The act would retain these findings,
Similar provision, except it does
National Security Grounds
aliens based upon findings including:
including: designation of aliens abroad
not specify violations of the
aliens abroad who espouse or endorse
who espouse or endorse terrorist
Chemical Weapons Convention.
terrorist activities; aliens in possession of
activities; aliens in possession of property
§403(b)(2)
property confiscated or nationalized by
confiscated or nationalized by the Cuban
the Cuban government; and aliens found
government; and exclusion of aliens
to have disclosed certain business records
found to have disclosed certain business
in violation of the Chemical Weapons
records in violation of the Chemical
Convention. §104 of the Cuban Liberty
Weapons Convention. §102(c)(2)
and Democratic Solidarity Act of 1996;
§801 of the Admiral James Nance and
Meg Donovan Foreign Relations
Authorization; §568 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act;
§51 of the State Department Basic
Authorities Act of 1956; and §103(f) of
the Chemical Weapons Convention
Implementation Act of 1998.
Convention on Protection of Children
The Intercountry Adoption Act of 1999
The act would retain the authority of the
Similar provision. §403(b)(2)
and Cooperation in Respect to Inter-
(P.L. 106-279, §102) gives the Secretary
Secretary of State with respect to the
Country Adoption
of State certain responsibilities pertaining
exclusion of violators of the Convention
to the Convention on Protection of
on Protection of Children and
Children and Cooperation in Respect to
Cooperation in Respect to Inter-Country
Inter-Country Adoption.
Adoption.
Assignment of Employees
No provision.
The act would authorize assignment of
Similar provision. §403(c)(1)
homeland security employees to
diplomatic and consular posts for advice,
review and investigations. §102(c)(5)(A)

CRS-53
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Personnel Assigned to Terrorist
Secretary of State is required to establish
The act would provide for homeland
Similar provision. §102(c)(5)(B)
Lookout Committee
a terrorist lookout committee within each
security personnel assigned overseas to
overseas U.S. mission that includes a
participate in the terrorist lookout
consular post. The composition of the
committees established by §304 of
committee includes representatives of
Enhanced Border Security and Visa Entry
relevant law enforcement and intelligence
Reform Act of 2002. §403(c)(2)
entities. The purpose of the committee is
to (1) identify potential terrorists and
develop information on such individuals;
(2) ensure that the names of suspected
terrorists are routinely and consistently
brought to the attention of consular posts;
and (3) ensure that the names of
suspected terrorists are entered into the
appropriate databases. Section 304 of
Enhanced Border Security and Visa Entry
Reform Act of 2002.

CRS-54
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Training and Hiring of Personnel
The Enhanced Border Security and Visa
The act would require the Secretary to
The act would require the
Entry Reform Act of 2002 charges the
ensure that any employees of DHS
Secretary to ensure that any
Secretary of State with (1) implementing
assigned to perform functions described
employees of the DHS assigned
enhanced security measures for review of
at §102(c)(5)(A) [relating to visa
to perform functions described in
visa applicants; (2) enhancing the
applications] and, as appropriate, consular
§403(c)(1) [relating to visa
interface between the United States and
officers, would be provided all necessary
applications] would be provided
international intelligence information; (3)
training to enable them to carry out such
all necessary training to enable
adequately staffing the programs
functions, including training in foreign
them to carry out such functions,
associated with visa issuance and foreign
languages, in conditions in the particular
including training in foreign
intelligence; and (4) providing ongoing
country where each employee is assigned,
languages, interview techniques,
training for consular officers. It also
and in other appropriate areas of study.
fraud detection techniques, and
authorizes to be appropriated such sums
other skills required by such
as may be necessary to accomplish these
The act would require that before
employees, in conditions in the
directions. §101(e) of EBSVERA.
assigning employees to perform the
particular country where each
functions, the Secretary would prescribe
employee is assigned, and in
regulations to establish foreign language
other appropriate areas of study.
proficiency requirements for employees.
The act would require a preference in
The act would require the
hiring employees to perform such
S e c r e t a r y t o p r e s c r i b e
functions to be given to those who meet
regulations within 60 days of the
such requirements.
act’s enactment to establish
foreign language proficiency
The act would permit the Secretary to use
requirements for employees
the National Foreign Affairs Training
performing the functions.
Center, on a reimbursable basis, to obtain
Preference in hiring employees
the training. §102(c)(5)(C)
to perform such functions would
be given to those who meet such
requirements.
The act would permit the
Secretary to use the National
Foreign Affairs Training Center,
on a reimbursable basis, to
obtain the training. §403(c)(3)
Definition of Consular Officer
The law defines a consular officer as any
The Act would clarify that this definition
No provision.
consular, diplomatic, or other officer or
is retained. §102(c)(1).
employee of the United States
government designated under INA to
issue visas. §101(a)(9).

CRS-55
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Non-reviewability of Consular
The law gives only consular officers the
No provision.
The act would assert that current
Decisions
authority to issue visas. §221
law on the non-reviewability of
consular decisions remains.
§403(d)
Report to Congress on Use of Foreign
No provision.
No provision.
The act would require a study
Nationals
and report to Congress on the use
of foreign nationals in the
process of rendering decisions in
the visa issuance process,
specifically addressing national
security concerns and cost-
effective alternatives. §403(e)
Report to Congress on Affect on
No provision.
No provision.
Requires the Director of the
Student Visas
O ffi c e o f S c i e n c e a n d
Technology Policy to submit a
report to Congress within 120
days on the affect of §403 on the
issuances of visas to students.
§403(f)
Visa Issuance Program in Saudi Arabia
No provision.
No provision.
The act would create a special
visa issuance program in Saudi
Arabia that would require all
interviews to be conducted by
homeland security personnel.
§403(g)

CRS-56
The Executive Office for Immigration Review (EOIR)
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
EOIR
[Note: The Attorney General created
The act would prohibit the contents of
No provision.
EOIR by regulation in 1983 as an agency
this act to be construed to authorize or
independent from the INS. EOIR
require the transfer of EOIR. §1118
administers and interprets immigration
laws and regulations through the
immigration court proceedings, appellate
reviews, and administrative hearings in
individual cases. There are three main
components to EOIR: the Board of
Immigration Appeals; the Office of the
Chief Immigration Judge; and the Office
of the Chief Administrative Hearing
Officer. 8 CFR Part 3]
Status of EOIR
See above 8 CFR Part 3
The act would abolish the Executive
No provision.
New Agency
Office for Immigration Review and
establish within DOJ an Agency of
Immigration Hearings and Appeals with
similar responsibilities. §1301
Agency Head
See above 8 CFR Part 3
The act would place a Director who is
No provision.
appointed by the President with the
advice and consent of the Senate to head
the agency. §1302
Board of Immigration Appeals
See above 8 CFR Part 3
The act would provide authority for the
No provision.
Board of Immigration Appeals with a
chair and not less than 14 other
immigration appeals judges. §1303
Chief Immigration Judge
See above 8 CFR Part 3
The act would provide authority for a
No provision.
chief immigration judge and immigration
courts. §1304
Chief Administrative Hearing Officer
See above 8 CFR Part 3
The act would provide authority for a
No provision.
chief administrative hearing officer.
§1305

CRS-57
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structurea
September 3, 2002
House on July 26, 2002
Removal of Judges
No provision.
The act would provide that the Director
No provision.
may remove judges for good cause
(including malfeasance and neglect of
duty) in consultation with the Chief
Immigration Judge in cases involving
judges and the Board Chair in cases
involving Board members. §1306
Transition
No provision.
Same as §1311, Transition in Part V.
No provision.
The act would transfer EOIR’s functions,
allocation of appropriations, personnel
and legal documents to a newly created
agency in DOJ. The act would require
that all of EOIR’s decisions, orders, and
proceedings continue in the new agency.
§1311
Effective Date
No provision.
The act would set the effective date as 1
No provision.
year after effective date of enactment of
Division A of this act.

CRS-58
Transition
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Transfer of Functions
None.
The act would require the transfer of all
See below, §411, §421(b) and
immigration functions under U.S.
§428(a).
immigration laws vested by statute or
exercised by the Attorney General to the
Secretary of DHS before the effective date
of the enactment of this Title.
The act would require the transfer of all
immigration functions under U.S.
immigration laws vested by statute or
performed by the INS Commissioner to
the Directorate of Immigration Affairs
before the effective date of the enactment
of this Title. §1111
Transfer of Enforcement Functions
None.
See above, §1111.
The act would transfer from the
INS Commissioner to the Under
Secretary for Border and
T r a n s p o r t a t i o n S e c u r i t y
immediately before the transfer
occurs all personnel, assets and
liabilities pertaining to the
following functions: (1) border
patrol, (2) detention and
removal, (3) intelligence, (4)
i n v e s t i g a t i o n s a n d ( 5 )
inspections. §411
Transfer of Service Functions
None.
See above, §1111.
T h e a c t wo u l d r e q u i r e t h e
Commissioner of INS to
transfer to the Assistant
A t t o r n e y G e n e r a l f o r
Citizenship and Immigration
S e r v i c e s the fu n c t i o n s ,
personnel, infrastructure and
funding pertaining to all
adjudications performed by
INS. §421(b)

CRS-59
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Reference in Law
None.
The act would require any reference in
The act would transfer any
any statute, Executive Order, regulation,
reference in federal law,
agreement, determination, or official
e x e c u t i v e o r d e r , r u l e ,
document or proceeding to the
regulation, delegation of
Commissioner of INS deemed to refer to
authority, or any document or
the Under Secretary of Immigration
component of government to
Affairs. §1103(f)
the Assistant Attorney General
for Citizenship and Immigration
Services. §428(a)
Transfer of Personnel and Related
None.
The act would require the transfer and
See below, §411 and §428(a).
Resources
allocation of personnel, assets, liabilities,
contracts, property, records, unexpended
balance of appropriations, authorizations,
allocations, and other relevant funds from
DOJ to the Under Secretary for allocation
to the appropriate component. §1112
Transfer and Allocation of Personnel
None.
The act would require the Under Secretary
The act would require the
and Resources
to determine the allocation of resources.
transfer (including additional
§1113
incidental transfer) and
allocation of personnel, assets,
liabilities, contracts, property,
records, unexpended balance of
appropriations, authorizations,
allocations, and other relevant
funds from DOJ (with respect to
immigration service functions)
to the Assistant Attorney
General for Citizenship and
Immigration Services for
allocation to the appropriate
component of DOJ. §428(b)(3)
Transfer of Unexpended Funds
None.
The act would require that unexpended
Similar provision. §428(a)(3)
funds in place prior to the transfer be used
for their original purpose. §1113

CRS-60
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Delegation of Functions
None.
The act would require the Under
The act would permit the
Secretary, under the direction of the
Attorney General to realign staff
Secretary, to delegate immigration
and funds. §428(b)(4)
functions to the Assistant Secretary of the
service and enforcement bureaus. §1114
Allocation of Personnel and Shared
None.
The act would give authority to the Under
No provision.
Resources
Secretary to terminate affairs of INS.
The act would also authorize the Under
Secretary to provide for an appropriate
allocation and/or coordination of shared
resources between both Bureaus. §1115
Transition Funding
None.
The act would authorize appropriations of
None.
such sums as may be necessary to abolish
INS; to establish the Directorate of
Immigration Affairs, its components and
its Bureaus; and to transfer relevant
functions to the Directorate and the
Bureaus.
The act would support the following
activities: (1) planning for the transfer,
(2) acquiring, dividing or disposing of
property, and (3) other expenditures
necessary to effect the transfer.
The act would require the amount
appropriated to remain available until
expended.
The act would establish a transition
account for the transfer and would require
the Secretary to report to Congress, no
later than 90 days after the effective date
of this Division, the availability of funds
to cover the transition cost. §1120

CRS-61
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Transfer of Unaccompanied Alien
None.
The act would require the transfer of all
The act would require the
Minors Functions
matters pertaining to the care and custody
transfer of all matters pertaining
of unaccompanied alien children to the
to the care of unaccompanied
Director of the Office of Refugee
alien children to the Director of
Resettlement (ORR) of DHHS. §1213(a)
ORR of DHHS. §436(a)
Transfer of Unaccompanied Alien
None.
The act would require the transfer and
Similar provision, except would
Minors Functions
allocation of personnel, assets, liabilities,
add the following: would permit
contracts, property, records, unexpended
the relevant federal official to
balance of appropriations, authorizations,
whom the unaccompanied alien
allocations, and other relevant funds from
minors function is transferred to
INS (with respect to the unaccompanied
exercise authorities under law,
alien minors functions) to the Director of
with respect to performing the
the Office of Refugee Resettlement for
function, that were available
allocation to the appropriate component of
p r i o r t o t h e t r a n s f e r .
the Department of Health and Human
§436(f)(1)(3)
Services. §1213(b)(c)
The act would require that unexpended
funds be used for their original purpose.
§1213(b)(c)
Transfer of the Executive Office for
None.
The act would transfer EOIR’s functions,
No provision.
Immigration Review Functions
allocation of appropriations, personnel
and legal documents to a newly created
agency in DOJ.
The act would require that all of EOIR’s
decisions, orders, and proceedings
continue in the new agency. §1311

CRS-62
Reporting Requirements
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Report on the Office of the Ombudsman
None
The act would require the Ombudsman
The act would require the
to report annually to Congress on the
Ombudsman to report no later
objectives of the office for the
than June 30 of each year to
upcoming fiscal year. The act would
Congress on the objectives of the
require the report to be submitted to
office for the upcoming fiscal
Congress without prior review or
year. The act would require the
comment from other officials. The act
report to be submitted to
would require the report to have
Congress without prior review or
analysis, statistical information, and the
comment from other officials.
following: (1) description of initiatives
the Directorate has taken with regard to
The act would require the report
i mp r o v i n g s e r v i c e s a n d t h e
to have analysis, statistical
responsiveness of the bureau; (2) a
information, and the following:
summary of the “most pervasive and
(1) identification of initiatives
serious problems” experienced by
the office has taken with regard
individuals and employers; (3) an
to improving services and the
inventory of the aforementioned items
responsiveness of the bureau; (2)
for which action has been taken; (4) an
summary of the “most pervasive
inventory of the aforementioned items
a n d s e r i o u s p r o b l e m s ”
for which action is still needed; (5) an
experienced by individuals and
inventory of the aforementioned items
employers; (3) inventory of the
for which no action has been taken; (6)
aforementioned items for which
recommendations for administrative
action has been taken; (4)
and legislative action, if necessary, to
inventory of the aforementioned
resolve problems experienced by
items for which action is still
individuals and employers; (7)
needed; (5) inventory of the
recommendations to resolve problems
aforementioned items for which
caused by inadequate funding or
no action has been taken; (6)
staffing, and (8) any other information
r e c o m m e n d a t i o n s f o r
the Ombudsman deems necessary.
administrative and legislative
§1106(a)
action, if necessary, to resolve
problems experienced by
individuals and employers; and
(7) any other information the
Ombudsman deems necessary.
§422(c)

CRS-63
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Report on Division and Transfer of
No provision.
The act would require the Secretary to
The act would require the
Funds, Division of Personnel and
report to Congress, no later than 90
Attorney General and the
Implementation Plan
days after the effective date of this
Secretary of DHS, no later than
Division, the availability of funds to
120 days after enactment, to
cover the transition cost. §1120
submit the following: (1) a
report on the proposed division
and transfer of funds between
the Bureaus, (2) a report on the
division of personnel between
the Bureaus and (3) an
implementation plan.
The act would require the
implementation plan to contain
information pertaining to the
separation of the Bureau of
Citizenship and Immigration
Services and the Bureau of
Border Security as well as the
following: (1) organizational
structure; (2) chain of command;
(3) procedures for interaction
among the bureaus; (4) fraud
detection and investigation; (5)
the processing and handling of
removal proceedings and
applications for relief from
removal; (6) recommendations
for conforming amendments to
the INA; (7) the establishment of
a transition team; and (8)
methods to phase in the costs of
sep a r a ting ad ministrative
support systems of both bureaus.
The act would require the
reports and plan to be submitted
to Congress no later than 120
days after the enactment of this
act. Requires the

CRS-64
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Report on On-line Filing for Benefit
None.
The act would require the Under
No provision.
Applications
Secretary to report to Congress on the
feasibility of on-line filing for benefit
applications. §1122
Report on Enforcement Functions
None.
No provision.
T h e a c t wo u l d r e q u i r e t h e
Secretary (after consulting with
other federal, state and local
officials) to submit to Congress,
no later than 1 year after the
secretary is sworn in, a report
with regard to how the
enforcement bureau will
e f f e c t i v e l y e n f o r c e t h e
enforcement provisions of the
INA. §415

CRS-65
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Report on Adjudications Implementation
None.
No
provision.
The act would require
the
Plan
At t o r n ey General ( a ft e r
consulting with the Secretary of
State, Secretary of Labor, and
the Assistant Secretary of the
Bureau of Border Security of
DHS, and the directors of both
Bureaus, and the Director of
EOIR) to submit a report to
Congress with regard to a plan
for implementing a system for
more timely and efficient
processing of adjudications no
later than 1 year from enactment
of this act. §433(a)(c)
The act would require the plan to
contain the following for each
type of adjudication: (1)
potential savings of
reso urces, (2) goal fo r
processing time of applications,
and (3) statutory modifications
with regard to adjudications, if
considered advisable by the
Attorney General. §433(b)

CRS-66
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Report to Congress on Status of
No provision.
No provision.
The act would require the
Transition
Comptroller General to submit a
report to Congress with regard to
the status of the transition and
any issues that have arisen
pertaining to the transfer, no
later than 18 months after the
date on which the functions are
transferred, and every 6 months
t h e r e a f t e r u n t i l f u l l
implementation has been
completed.
The act would require a report,
no later than 4 years after the
transfer, on the determinations
pertaining to the improvement of
immigration functions as a result
of the transfer, including
o p e r a t i o n s , ma n a g e me n t ,
financial administration, and
record keeping, as well as
recommendations for further
improvements in both bureaus.
The act would require the
Comptroller General to submit a
report to Congress no later than
1 year after the date of
enactment of this act with regard
to whether the Bureau of
Citizenship and Immigration
Services is likely to derive
adequate funds, in the absence of
appropriated funds, from its fee-
based programs. §245(d)

CRS-67
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Report on Appropriations Needed for
No provision.
No provision.
The act would require the
Services
Attorney General to submit a
report to Congress no later than
30 days after the enactment of
this act with respect to changes
in the law and authorizations of
appropriations that are needed in
order for INS and thereafter the
Bureau of Citizenship and
Immigration Services to respond
to applications for immigration
benefits and to otherwise
a c c o m m o d a t e c h a n g i n g
immigration service needs.
§434
Report on Foreign Nationals
No provision.
No provision.
The act would require a study
and report to Congress on the
role of foreign nationals in the
process of rendering decisions in
the visa issuance process,
specifically addressing national
security concerns and cost-
effective alternatives. §403(e)
Report on Affect on Student Visas
No provision.
No provision.
T h e a c t wo u l d r e q u i r e t h e
Director of the Office of Science
and Technology Policy to submit
a report to Congress within 120
days on the affect of §403 on the
issuances of visas to students.
§403(f)

CRS-68
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by the
Subject
current administrative structure
September 3, 2002
House on July 26, 2002
Report on Impact of Transfer
None.
No provision.
T h e a c t wo u l d r e q u i r e t h e
Attorney General to submit a
report to Congress, 1 year after
enactment, with regard to the
impact the transfers have had on
immigration functions. Would
require the report to include: (1)
number of all immigration
applications and petitions
received and processed; (2)
statistics by region on number of
immigration applications and
petitions filed and denied; (3)
q u a n t i t y o f b a c k l o g g e d
applications and petitions that
have been processed, the number
awaiting processing and a plan
detailing the elimination of the
backlog; (4) average processing
p e r i o d f o r i mmi g r a t i o n
applications and petitions; (5)
n u m b e r a n d t y p e s o f
immigration-related grievances
filed; (6) plans to address
grievances; (7) whether fees
were used consistently with the
legal requirements; and (8)
whether immigration-related
questions were answered
effectively and efficiently.
§446(a)

CRS-69
Miscellaneous Provisions
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by
Subject
current administrative structure
September 3, 2002
the House on July 26, 2002
Provisions of Laws Repealed
None.
The act would repeal the following: (1)
[The act would abolish INS.
Section 7 of the Act of March 3, 1981
§441]
pertaining to the establishment of the
Office of the Commissioner of
Immigration and Naturalization; (2)
Section 201 of the Act of June 20, 1956
pertaining to the compensation of assistant
commissioners and district directors; and
(3) Section 1 of the Act of March 2, 1895
pertaining to special immigrant inspectors.
§1103(d)
Savings
Provisions
None.
The act would require that all
legal
Similar provision. §812(a)(b)
determinations made prior to the
enactment of this act continue. §1116(a)
The act would require that any proceedings
underway prior to the enactment of this act
continue. §1116(b)
Statutory Construction
None.
The act would prohibit the contents of this
No provision.
act to be construed to authorize or require
Executive Office for Immigration
the transfer of EOIR from DOJ. §1118
Review (EOIR)
Statutory Construction
None.
The act would prohibit the contents of this
No provision.
act to be construed to limit the authority of
Secretary of State
the Secretary of State and the Secretary of
Secretary of Labor
Labor with respect to labor certifications.
§1119
Backlog
The INA required that the deadline for
The act would amend the Immigration
Similar provision. §432
eliminating the adjudication backlog be
Services and Infrastructure Improvements
completed 1 year from the date of
Act of 2000 by extending the deadline for
enactment of the Immigration Services and
eliminating the adjudication backlog to 1
Infrastructure Improvements Act of 2000
year from the date of enactment of this act.
(enacted on October 17, 2000; 114 Stat.
§1121
1251). §202(a) of the INA

CRS-70
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by
Subject
current administrative structure
September 3, 2002
the House on July 26, 2002
Internet-based Technology
None.
The act would require the Secretary, in
Similar provision, except the
consultation with the Under Secretary and
act would give the Attorney
Technology Advisory Committee, to
General 1 year to establish
establish an Internet-based system to check
the system.
status of benefit applications, no later than
2 years after the enactment of this act.
§1122
The act would require the Under Secretary
to conduct a study to determine the
feasibility of on-line filing, and submit a
report to Congress with the findings of the
study. §1122
The act would require the Under Secretary
to establish an advisory committee to assist
with establishing the internet-based
tracking system. §1122
Asylum Seekers
The INA places aliens who arrive in the
The act would assign asylum officers to
No provision.
U.S. without proper documents in
major ports of entry to assist in the
expedited removal proceedings. If such an
inspection of asylum seekers.
alien requests asylum, the case is referred
to an asylum officer for a “credible fear”
The act would also amend INA to require
determination. The INA requires the
the Under Secretary to develop alternatives
mandatory detention of the alien pending a
to the mandatory detention of asylum
final determination of credible fear of
applicants and specifies that the
persecution or until removed if the
alternatives considered should include:
determination did not find such a fear.
parole; parole with assistance from
§235(b)
nonprofit voluntary agencies; non-secure
shelters and group homes operated by
nonprofit voluntary agencies; and
noninstitutional settings for minors
operated by nonprofit voluntary agencies.
§1123

CRS-71
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by
Subject
current administrative structure
September 3, 2002
the House on July 26, 2002
Employee Voluntary Separation
None.
No
provision.
The act would
provide
Incentive Payments
v o l u n t a r y s e p a r a t i o n
incentive payments, up to
$ 2 5 , 0 0 0 , f o r c e r t a i n
employees. §442
Employee Discipline Demonstration
None.
No provision.
The act would permit the
Project
Attorney General and the
Secretary, during a period
ending not later than 5 years
after the act’s enactment date,
to conduct a demonstration
project to determine whether
one or more changes in the
policies or procedures
relating to methods for
disciplining employees would
result in improved personnel
management. §443
The act would require GAO
to prepare and submit to
Congress periodic reports on
any demonstration project.
§443
The act would require the
reports to be submitted after
the second and fourth years
of the project’s operation.
§443
Sense of Congress Regarding Border
None.
No provision.
The act would state that it is
Fence
the sense of Congress that the
14-mile border fence project
required by 8 U.S.C. 1103
should be a priority for the
Secretary. §416

CRS-72
Current law /
S.Amdt. 4471, as filed on
H.R. 5005, as passed by
Subject
current administrative structure
September 3, 2002
the House on July 26, 2002
Sense of Congress Regarding Bureau
None.
No provision.
The act would provide the
Missions
following sense of Congress:
(1) the missions of the
Bureau of Immigration
Enforcement of DHS and the
Bureau of Citizenship and
Immigration Services of DOJ
are equally important and
should be adequately funded;
and (2) the border security
and the citizenship and
i m m i g r a t i o n s e r v i c e s
functions transferred under
this subtitle should not
operate at levels below those
in effect prior to enactment.
§444
Sense of Congress Regarding Quality and
None.
No provision.
The act would provide that it
Efficiency of Services
is the sense of Congress that
the quality and efficiency of
immigration services should
be improved after the
transfers take effect and that
the Attorney General should
undertake efforts to guarantee
that concerns pertaining to
immigration services are
addressed. §446(b)
a. Text appearing in italics are either INS or DOS internal regulations, or the Administration’s November 14, 2001 INS Restructuring Plan, and not current
law.