INS ANNOUNCES RESTRUCTURING PLANS

This week Attorney General John Ashcroft announced that the INS will be restructured.  The move, which will occur at the administrative level, will separate service and enforcement functions, long a goal of INS critics.  Over the past few years, many members of Congress have introduced bills to split the INS, including most recently Rep. James Sensenbrenner (R-MI), whose bill was introduced last week.  According to Ashcroft, the current plan was in the final stages well before the events of September 11^th, although those events have certainly made restructuring a topic of more widespread concern than it otherwise would have been.

Officials in the Bush Administration say that the move follows through on a Bush campaign promise to improve the way the US welcomes immigrants to the country.  Of course, many expect the split to focus on enforcement, given the reaction to the September 11^th terrorist attacks.  The INS has come under tremendous fire for not being able to provide accurate information about all 19 of the hijackers.  Improving enforcement will be a major part of the proposed restructuring, a fact that was emphasized by Ashcroft when he announced the plan.  Ashcroft stated that there is “concern that the INS has been hindered by the current structure of the agency to perform its responsibilities.”

Under the restructuring plan, which is to be completed by September 30, 2003, the INS would remain a single, unified agency, but two separate chains of command would be created.  A Bureau of Immigration Enforcement would be responsible for border security, investigations and intelligence, while a Bureau of Immigration Services would process applications for immigration benefits.  According to INS Commissioner James Ziglar, who opposes splitting the INS into two distinct agencies, this plan will help the agency provide better service and better enforcement, without sacrificing the ability for the two aspects to be coordinated. 

Among the most immediate changes would be a fundamental change in the chain of command.  Currently, all personnel report to the District Director, whether the issue is enforcement, service or detention and removal.  A new structure would be created in which Border Patrol issues are reported directly to the chief of the Border Patrol, adjudications issues are reported directly to an Associate Commissioner, and detention issues are reported directly to the detention and removal headquarters.  Other features that are expected to be in place quickly are an Ombudsman to deal with complaints about enforcement and an Office of Customer Relations to deal with adjudications problems.  Eventually, the current system in which the country is divided into regions and districts under the supervision of a single director will be replaced by six service areas and nine enforcement areas. 

While many have met the INS’ proposal with at least tentative approval, some members of Congress have already rejected it.  House Judiciary Committee Chairman James Sensenbrenner (R-WI), who recently introduced a bill to split the INS into two separate agencies, called the INS plan “inadequate,” saying that it did not go far enough to address the underlying problems that plague the agency. 

Along with the INS restructuring, there was news this week that the Bush Administration is considering creating a single agency dedicated to border enforcement to replace the current scheme in which a number of agencies participate.  In an interview with The Washington Post, Homeland Security director Tom Ridge said that the idea has strong backing and could be part of the federal budget Bush proposes in January.  While Ridge did not mention the agencies that would be involved, it is likely they would include the Border Patrol, the Customs Service and the Coast Guard.  When asked about such a proposal, Ashcroft did not reject it outright, but did appear to prefer keeping the Border Patrol within the INS.