November 14, 2001
INS Restructuring Plan
The
Immigration and Naturalization Service (INS) has developed a restructuring plan
that fulfills President Bush’s pledge to fundamentally reform the agency by
creating a clear division between INS’ two vital missions -- service and
enforcement. The separation of these
functions, while retaining a single agency head to ensure appropriate
coordination, balance and policy leadership, will help improve the efficiency
and effectiveness of the agency and, in turn, the nation’s immigration system.
The
restructuring plan can be implemented administratively without requiring
legislation. As a result, with the
support of Congress, the reform can begin promptly and can be accomplished by
the end of FY 2003.
Major
Elements of the Plan
- Maintains a Single Agency Leader
Immigration enforcement and immigration services are inextricably
intertwined in statute and policy. The
plan maintains a Commissioner who will oversee the coordination of the two
functions to ensure that the nation’s immigration laws and policy are
effectively administered and enforced.
- Separates INS Enforcement and Services
The Bureau of
Immigration Services will be headed by an Executive Commissioner who will be
responsible for all immigration benefit services. These services include processing applications for
naturalization, asylum, adjustment of status, employment authorization, Green
Card renewals/replacement and petitions for family and employment-based
immigration.
The
Bureau of Immigration Enforcement will be headed by an Executive Commissioner
who will be responsible for all enforcement activities. The Bureau is critical to enhancing national
security and is charged with combating illegal immigration activities at the
border, ports of entry and in the interior of the United States.
- Creates
Separate Services and Enforcement Field Structures
The field
service structure will have six services areas that will be relatively similar
to one another in terms of physical size and client population. They will be headed by Service Area
Directors, who will focus on immigration service delivery.
The
field enforcement structure will consist of nine investigations offices headed
by Special Agents in Charge and nine inspections port areas headed by Area Port
Directors. The current 21 Border Patrol
Sectors headed by Chief Patrol Agents will continue as part of the Enforcement
Bureau. The sectors and field offices
will strategically focus resources on the areas of highest security concern and
illegal immigration activity.
- Increases Accountability
The current INS
Regional, District and local field offices, which have increasingly struggled
with the responsibilities of dual missions, will be replaced with area and
local offices focused on either immigration services or law enforcement. The new structure will create direct chains
of command that match expertise with the function being managed. It will also strengthen accountability
through clearly defined roles and responsibilities for INS employees.
- Addresses Customer Concerns
INS will create two new
offices to address individual concerns of the public. The Ombudsman in the Bureau of Immigration Enforcement will
provide the public with a means to communicate concerns and complaints about
enforcement actions. The Customer
Relations Office in the Bureau of Immigration Services will provide customers
with direct access to problem-solving assistance related to immigration
benefits.
- Protects Children
INS will create the Office
of Juvenile Affairs, reporting to the Commissioner. This office reflects INS’ commitment to ensure that children,
because they are most vulnerable, are treated with particular care.
- Enhances Enforcement
Creating a unified law
enforcement division that combines the Border Patrol, Investigations,
Inspections and Intelligence into an integrated unit will eliminate a diffuse
reporting structure that has prevented INS agents in the field from effectively
working together and accomplishing the full scope of their mission. Moreover, the enhanced career opportunities
the new structure provides will improve the agency’s ability to motivate
employees and to retain key personnel.
De-linking services from enforcement will reinforce the enforcement
culture. District Directors are often
forced to make difficult decisions about the enforcement culture. District Directors are often forced to make
difficult decisions about assigning personnel to meet the competing
requirements of effective customer service and effective enforcement.
-
Focuses Customer Service
A dedicated, focused,
and properly trained immigration services management structure will equip INS
to provide consistent, courteous, accurate and timely service, and to consider
the customer first when developing policy and procedures. By establishing consistent procedures and
sharing information with the enforcement division, the Services Bureau will be
able to better analyze applications.
-
Preserves Vital Service and Enforcement Links
Necessary to Screen Individuals and Enhance Security
Immigration
enforcement and immigration services are intertwined in statute and
policy. This requires close
coordination and balancing of service and enforcement interests to administer
the overall system effectively and to achieve the objectives of the nation’s immigration
laws and this or any future Administration’s policy. Splitting immigration services and enforcement functions, while
providing unified overall direction under a single agency head, is the logical
way to ensure coherence in the administration of our nation’s immigration
laws.
- Improves Data Systems and Interagency Information
Sharing
The Chief Information
Officer (CIO) will be responsible for marshalling the information systems to
provide agency-wide data to the enforcement and services bureaus. The CIO, through the Information
Coordinator, will ensure that the Services Bureau maintains access to relevant
enforcement data for adjudication, and that the Enforcement Bureau maintains
access to data collected by the Services Bureau. The CIO will also be responsible for developing the necessary
information inter-links with other federal, state, local law enforcement and
other relevant agencies.
- Fosters Strategic Intergovernmental Relationships
The new INS will
place emphasis on further developing its extensive relationships with foreign,
federal, state and local law enforcement agencies. The Interagency Liaison Officer will facilitate an improved flow
of information and cooperation with federal, state and local law enforcement
organizations.
– INS –
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