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LAST MINUTE LEGISLATIVE ATTEMPT TO SPLIT INS FAILS

Representative Harold Rogers (R-KY) nearly succeeded in the final days of the 105th Congress in pushing through legislation to split the INS up and transfer its enforcement responsibilities to a new Bureau of Border and Enforcement Affairs. The INS would have been left with the sole function of administering immigration benefits such as citizenship and green cards.

A number of forces that included the Clinton Administration, the American Immigration Lawyers Association (AILA) and the INS itself, which is implementing its own restructuring plan, opposed the bill. According to AILA director Jeanne Butterfield, "This hasty attempt to overhaul an important agency of the federal government is a prime example of irresponsible legislating that would, if implemented, have dramatically negative consequences for American citizens, business, and on this country's relationships with foreign governments."

The Bill, H.R.4264, would have thrown border enforcement into chaos, according to AILA. AILA also opposed the measure because it did not fully address the service side of the immigration function.

Rogers was ultimately defeated in attempts to include 4264 in the final omnibus spending bill passed by Congress. Senator Spencer Abraham, chairman of the Senate's Immigration Subcommittee, opposed restructuring this year and suggested that Congress proceed more prudently on such a measure. A number of other Senate Republicans, including Kay Bailey Hutchison of Texas and Pete Domenici of New Mexico, spoke out against the change.

Expect the bill to be proposed again early in the next session of Congress.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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