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  • A Bureau of the U.S. Department of Homeland Security



  • 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  
    This is a very large file (2.7 MB), and we do not suggest attempting to view it from within your web browser. Instead, "right-click" on the link with your mouse and select "Save Target As" (in Internet Explorer) or "Save Link As" (in Netscape) to download the file to your computer.

    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