The creation of the Department of Homeland Security will be the largest government reorganization since the Defense Department was created in 1947. The Department will include 170,000 employees from 22 agencies and will be charged with strengthening the country’s defense against terrorism. Once the president signs the Department of Homeland Security bill, which is expected shortly, the administration will have 60 days to organize the creation of the Department and approximately a year to complete the transition. 

As part of the transition, the INS, which was originally created in 1891, shall be abolished. The present duties of the INS will be divided into two new bureaus. INS inspectors, the Border Patrol, and detention and removal functions will become part of the new Bureau of Border and Transportation Security. Service functions, such as applications for citizenship, permanent residency, and asylum, will be the duty of the Bureau of Citizenship and Immigration Services.  Each of these bureaus will report directly to the Deputy Secretary for Homeland Security.

Many individuals believe that the creation of the Department of Homeland Security marks a significant step in protecting the borders of our country. Regarding immigration matters, the perception is that dividing the former INS into enforcement and service bureaus will greatly enhance communication and effectiveness. However, some immigration advocates worry that the United States is now breaking from its tradition of welcoming immigrants and shall now view all individuals as potential terrorists. Many advocates also fear that the new Bureau of Border and Transportation Security will overshadow the Bureau of Citizenship and Immigration Services. The belief is that matters such as asylum cases will become of secondary importance in comparison to anti-terrorism measures.

One current function of the INS that will not be transferred to the new Department of Homeland Security will be the care and custody of unaccompanied minors. This responsibility will now be transferred to the Department of Health and Human Services and its Office of Refugee Resettlement.

Of note, two significant immigration departments will not be included in this major reorganization. The Executive Office for Immigration Review, which includes the Board of Immigration Appeals and the nation’s Immigration Judges, will remain part of the Department of Justice. Additionally, the Bureau of Consular Affairs will continue to issue visas as part of the Department of State. However, the new Department of Homeland Security will have authority to reverse the visa grants issued by the consulates.