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INS Transition to the Department of Homeland Security
On November 25, 2002, the President signed the Homeland Security Act of 2002 into law. This law transfers INS functions to the new Department of Homeland Security. Immigration enforcement functions will be placed within the Directorate of Border and Transportation Security, and the immigration service functions will be placed into a separate U.S. Citizenship and Immigration Services. Some INS functions will also report to the Under Secretary for Management and the Director of Shared Services. The INS will cease to exist on the date the last of its functions are transferred.
Statement of President Bush Hailing Passage of Homeland Security Department Legislation
On January 30, 2003, DHS Secretary Tom Ridge announced the creation of two new Bureaus within the Border and Transportation Security Directorate. U.S. Customs and Border Protection will include the Border Patrol, as well as INS, Customs, and Agricultural Quarantine Inspectors. U.S. Immigration and Customs Enforcement will include the enforcement and investigation components of INS, Customs, and the Federal Protective Services. Read the Department of Homeland Security's fact sheet on this border reorganization for additional details.
H.R. 5005, Homeland Security Act of 2002
Note: The following links will provide the text of H.R. 5005, the Homeland Security Act of 2002, as passed by the Senate on November 19, 2002. All files are in Portable Document Format (PDF) and you will need the free Adobe Acrobat Reader in order to view them.
Full Text of H.R. 5005
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Section 1. Short Title; Table of Contents
Title I - Department of Homeland Security
Title II - Information Analysis and Infrastructure Protection
Title III - Science and Technology in Support of Homeland Security
Title IV - Directorate of Border and Transportation Security
Subtitle A - Under Secretary for Border and Transportation Security
Subtitle B - United States Customs Service
Subtitle C - Miscellaneous Provisions
Subtitle D - Immigration Enforcement Functions
Section 441. Transfer of functions to Under Secretary for Border and Transportation Security.
Section 442. Establishment of Bureau of Border Security.
Section 443. Professional responsibility and quality review.
Section 444. Employee discipline.
Section 445. Report on improving enforcement functions.
Section 446. Sense of Congress regarding construction of fencing near San Diego, California.Subtitle E - Citizenship and Immigration Services
Section 451. Establishment of Bureau of Citizenship and Immigration Services.
Section 452. Citizenship and Immigration Services Ombudsman.
Section 453. Professional responsibility and quality review.
Section 454. Employee discipline.
Section 455. Effective date.
Section 456. Transition.
Section 457. Funding for citizenship and immigration services.
Section 458. Backlog elimination.
Section 459. Report on improving immigration services.
Section 460. Report on responding to fluctuating needs.
Section 461. Application of Internet-based technologies.
Section 462. Children's affairs.Subtitle F - General Immigration Provisions
Section 471. Abolishment of INS.
Section 472. Voluntary separation incentive payments.
Section 473. Authority to conduct a demonstration project relating to disciplinary action.
Section 474. Sense of Congress.
Section 475. Director of Shared Services.
Section 476. Separation of funding.
Section 477. Reports and implementation plans.
Section 478. Immigration functions.Title V - Emergency Preparedness and Response
Title VI - Treatment of Charitable Trusts for Members of the Armed Forces of the United States and Other Governmental Organizations
Title VII - Management
Title VIII - Coordination with Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions
Title IX - National Homeland Security Council
Title X - Information Security
Title XI - Department of Justice Divisions
Title XII - Airline War Risk Insurance Legislation
Title XIII - Federal Workforce Improvement
Title XIV - Arming Pilots Against Terrorism
Title XV - Transition
Title XVI - Corrections to Existing Law Relating to Airline Transportation Security
Title XVII - Conforming and Technical Amendments
Last Modified 11/07/2003