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All INS Functions To Be Folded Into New Department of Homeland Security

Summary of New Homeland Security Bill's
Immigration Provisions

Section-by-Section Summary of Immigration Provisions

  TITLE I- Department of Homeland Security

Section 101 - Executive Department; Mission.

  The primary mission of the Department is to-

Section 102 - Secretary; Functions

  TITLE IV- Directorate of Border and Transportation Security
  SUBTITLE A- Under Secretary for Border and Transportation Security

Section 401 - Under Secretary for Border and Transportation Security

Section 402 - Responsibilities

Establishes that the Secretary, acting through the Under Secretary, will be responsible for the following:

  SUBTITLE C - Miscellaneous Provisions

Sec. 428 - Visa Issuance

  (A) Provide expert advice and training to consular officers regarding specific security threats relating to the adjudication of individual visa applications or classes of applications;

  (B) Review any such applications, either on the initiative of the employee of the Department or upon request by a consular officer or other person charged with adjudicating such application;

  (C) Conduct investigations with respect to consular matters under the jurisdiction of the Secretary of Homeland Defense.

Section 429 - Information on Visa Denial Required to Be Entered Into Electronic Data System

  SUBTITLE D- Immigration Enforcement Functions

Section 441 - Transfer of Functions to Under Secretary for Border and Transportation Security.

  Section 442 - Establishment of the Bureau of Border Security.

  (A) Qualifications for the position: at least five years of experience in both law enforcement and management experience

  (B) Duties: advise the Under Secretary of any policy or operation that may affect the Bureau of Citizenship and Immigration; establish policies and oversee the administration of the immigration functions that were transferred to the Under Secretary of Border and Transportation under Section 441 and then delegated to the Assistant Secretary, or the functions that were vested in the Assistant Secretary by law (Note: This provision seems to indicate that the Under Secretary does not have to transfer the immigration provisions into this Bureau.)

  (C) Responsible for administering SEVIS and other programs established under §641 of IIRAIRA to collect information relating to foreign students and other exchange program participants and use that information to carry out the enforcement functions of the Bureau

  (D) Design and implement a managerial rotation program where managerial and supervisory staff will gain experience in all the major functions of the Bureau and work in at least one local office. Two years after the transfer of the immigration functions, the Secretary will submit a report to Congress on this program

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

  1. Adjudications of immigrant visa petitions;

  2. Adjudications of naturalization petitions;

  3. Adjudications of asylum and refugee applications;

  4. Adjudications performed at service centers;

  5. All other adjudications performed by the Immigration and Naturalization Service immediately before the effective date specified in section 455.

Section 452 - Citizenship and Immigration Services Ombudsman

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

  (A) Developing a plan to be submitted to Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each such child, "consistent with the law regarding appointment of counsel that is in effect on the date of the enactment of this Act";

  (B) Compiling, updating, and publishing at least annually a state-by-state list of professionals or other entities qualified to provide guardian and attorney representation services for unaccompanied alien children.

  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 475 - Director of Shared Services

Section 476 - Separation of Funding

Section 477 - Reports and Implementation Plans

Section 478 - Immigration Functions

  TITLE XI - Department of Justice Divisions
  SUBTITLE A - Executive Office for Immigration Review

Section 1101 - Legal Status of EOIR

Section 1102 - Authorities of the Attorney General

(A) The Attorney General is granted such authorities and functions under the INA and all other laws relating to the immigration and naturalization of aliens as were exercised by the EOIR, or by the Attorney General with respect to the EOIR, "on the day before the effective date of the Immigration Reform, Accountability and Security Enhancement Act of 2002." [The reference to this act appears to be a drafting error, since it refers to the title of a previous homeland security proposal that has not been passed.] 

(B) The Attorney General is authorized "to establish such regulations, prescribe such forms of bond, reports, entries, and other papers, issue such instructions, review such administrative determinations in immigration proceedings, delegate such authority, and perform such other acts as the Attorney General determines to be necessary to carry out this section."

Section 1103 - Statutory Construction

  TITLE XV - Transition
  SUBTITLE A - Reorganization Plan

Section 1503 - Review of Congressional Committee Structures

TITLE XVI - Corrections to Existing Law Relating to Airline Transportation Security

Section 1603 - Allowing United States Citizens and United States Nationals as Screeners



Posted on AILA InfoNet at Doc. No. 02111532 (Nov. 15, 2002).

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