Download Locations

• University of North Texas Libraries

Summary

Since the September 11 terrorist attacks, considerable concern has been raised because the 19 terrorists were aliens who apparently entered the United States legally despite provisions in immigration laws that bar the admission of terrorists. Fears that lax enforcement of immigration laws regulating the admission of foreign nationals into the United States may continue to make the United States vulnerable to further terrorist attacks have led many to call for revisions in the policy and possibly changes in who administers immigration law. Foreign nationals not already legally residing in the United States who wish to come to the United States generally must obtain a visa to be admitted, with certain exceptions noted in law. Under current law, two departments -- the Department of State (DOS) and the Department of Justice (DOJ) -- each play key roles in administering the law and policies on the admission of aliens. DOS's Bureau of Consular Affairs is the agency currently responsible for issuing visas, and DOJ's Immigration and Naturalization Service (INS) plays a key role in approving immigrant petitions and in inspecting all people who enter the United States. In FY2000, DOS issued approximately 7.5 million visas and rejected over 2 million aliens seeking visas. House Majority Leader Dick Armey, Chair of the Select Committee on Homeland Security, introduced the President's proposal for a new Department of Homeland Security (DHS) as H.R. 5005. As introduced, H.R. 5005 would bifurcate visa issuances so that DHS would set the policies and DOS would retain responsibility for implementation. It would give the Secretary of the new department exclusive authority through the Secretary of State to issue or refuse to issue visas. The House Committees on Judiciary, International Relations, and Government all approved language on visa issuances that retained DOS's administrative role in issuing visas, but added specific language to address many of the policy and national security concerns raised during their respective hearings. Breaking with the Administration, the House Judiciary Committee approved language that would place much of INS's adjudication and service responsibilities -- including its role in approving petitions -- with a new Bureau of Citizenship and Immigration Services headed by an Assistant Attorney General at DOJ. When the House Select Committee on Homeland Security marked up H.R. 5005 on July 19, 2002, it approved language on immigrant processing and visa issuances consistent with the House Judiciary Committee recommendations. An amendment to move the consular affairs visa function to DHS failed when the House passed H.R. 5005 on July 26. The latest version of S. 2452, the National Homeland Security and Combating Terrorism Act of 2002 (as acted on by Senate Governmental Affairs Committee July 25), differs somewhat on the issues of immigration adjudications and visa issuances from the Administration's proposal and H.R. 5005 as passed. The Senate draft substitute would not alter the State Department's administrative role in issuing visas but would establish an Under Secretary for Immigration Affairs in DHS who would issue regulations on visa issuance, oversee immigration enforcement and border functions, and be responsible for all immigration and naturalization adjudications.

Related Legislation:
• H.R.5005
• S.2452

XML