President Bush's announcement on June 6, 2002, to create a permanent Cabinetlevel Department of Homeland Security, has catapulted the future of the beleaguered Immigration and Naturalization Service (INS) into a higher orbit of uncertainty. The historic proposal, delivered to Congress on June 18, 2002, would merge a dozen agencies, among them the INS, into the new department. In announcing the plan, the President vowed that "this great country will lead the world to safety, security, peace and freedom." Bush explained that the reason for creating the new department was not to increase the size of government, "but to increase its focus and effectiveness."
The President's proposal came at the heels of passage by the House of Representatives of the Barbara Jordan Immigration Reform and Accountability Act of 2002. That bill, which passed the House by an overwhelming margin of 405-9, would restructure the INS by creating two separate agencies. The Senate, too, has legislation pending to revamp the INS.
Proposals to restructure the INS have been floating throughout Washington for many years without success. However, in the post-September 11 climate, the passage of legislation by this Congress to restructure the INS was almost assured. Now, in light of the President's proposal and the current political tones in Washington, it appears that the starting point for any restructuring of the INS would have to be within the framework of the new department. Therefore, legislative plans still on the table would most likely have to fit within the scheme of the proposed department.
THE DEPARTMENT OF HOMELAND DEFENSE
As we recently observed in Migration World, "immigration enforcement has become a principal component of the war against terrorism." Thus, it is not surprising that the President's proposal would transfer the functions of the INS to the Department of Homeland