Download Locations

• U.S. Department of State

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. The President's proposal for a new Department of Homeland Security (DHS), H.R. 5005 as introduced, would bifurcate visa issuances so that DHS would set the policies, giving the DHS Secretary exclusive authority through the Secretary of State to issue or refuse to issue visas and retaining responsibility for implementation in DOS. The House Committees on Judiciary, International Relations, and Government all approved modified 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. 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, including creation of a Bureau of Citizenship and Immigration Services in DOJ . An amendment to move the consular affairs visa function to DHS failed when the House passed H.R. 5005 on July 26. Similar to H.R. 5005 as passed, S.Amdt. 4471 (Senate Governmental Affairs Committee language) would not alter the DOS'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. On November 13, the House passed the compromise bill, H.R. 5710, which retains the language in H.R. 5005 (as passed) clarifying that the Secretary of DHS would issue regulations regarding visas issuances and would assign staff to consular posts abroad to advise, review, and conduct investigations, and that DOS's Consular Affairs would continue to issue visas. In H.R. 5710, the Bureau of Citizenship and Immigration Services would be located in DHS.

Related Legislation:
• H.R.5005
• H.R.5710

XML