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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 as well as 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. Prior to establishment of the Department of Homeland Security (DHS), two departments -- the Department of State (DOS) Bureau of Consular Affairs and the Department of Justice (DOJ) Immigration and Naturalization Service (INS) -- each played key roles in administering the law and policies on the admission of aliens. Although DOS Consular Affairs remains the agency responsible for issuing visas, DHS' Bureau of Citizenship and Immigrant Services approves immigrant petitions, and DHS's Bureau of Customs and Border protection inspects all people who enter the United States. In FY2002, DOS issued approximately 6.2 million visas and rejected over 2.2 million aliens seeking visas. The President's proposal for DHS, H.R. 5005 as introduced, would have bifurcated 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. When the House Select Committee on Homeland Security marked up H.R. 5005 on July 19, it approved compromise 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 hearings. 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 have altered the DOS's administrative role in issuing visas but would have established an Under Secretary for Immigration Affairs in DHS who would have issued regulations on visa issuance in addition to handling all immigration, naturalization and border functions formerly assigned to INS. The Homeland Security Act of 2002 (P.L. 107-296) retains the compromise language stating that DHS through a new Directorate of Border and Transportation Security issues regulations regarding visa issuances and assigns staff to consular posts abroad to advise, review, and conduct investigations, and that DOS's Consular Affairs will continue to issue visas. In P.L. 107-296, the Bureau of Citizenship and Immigration Services is also located in DHS. The 108th Congress is overseeing the implementation of these new policies and may consider further options, such as tightening up interview requirements for visa applicants and expanding the grounds for excluding aliens.

Related Legislation:
• H.R.5005

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