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Homeland Security Department created
In
November 2002 President Bush signed a bill for the creation of a
Homeland Security Department, which has important provisions
concerning immigration. The new legislation abolishes the
Immigration and Naturalization Service (INS) and assigns its
functions to the Department of Homeland Security.
President Bush said: "This landmark legislation, the most
extensive reorganization of the Federal Government since the 1940s,
will help our Nation meet the emerging threats of terrorism in the
21st Century."
According to this new legislation, the immigration "benefits"
functions and the immigration enforcement functions will be
separated. Immigration benefits i.e. immigrant visa petitions,
naturalization applications, applications for asylum and refugee
status and others will now be performed by the new "Bureau of
Citizenship and Immigration Services." Enforcement functions such as
Border Patrol, detention and removal, intelligence, investigations
and inspections will become the responsibility of the Under
Secretary for Border and Transportation Security.
The Immigration Courts and the Board of Immigration Appeals, part
of the Executive Office of Immigration Review will remain within the
U.S. Department of Justice.
The Department of Homeland Security will be responsible for
issuing visas, as well as regulations regarding the functions of
Consular Officers when making decisions on visa approvals or
denials. The Secretary of State will have the authority to refuse
visas for security and other reasons. Employees of the Department of
Homeland Security will be sent to visa-issuing consulates to provide
advice and training on security threats regarding visa applications
and will oversea the process of issuing visas.
Some immigrant groups, however, have voiced concern over the
reorganization. The National Council of La Raza, one of the largest
Hispanic organizations in the U.S. issued the following statement:
"With Homeland Security making and implementing immigration policy,
enforcement is likely to take precedent and immigration services and
naturalization will be left out in the cold."
It may take as long as a year before the new Department starts
functioning, lawmakers pointed out.
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