DEPARTMENT OF HOMELAND SECURITY
On March 1, 2003, the Immigration and Naturalization Service (INS) ceased to exist, and
all of the service and enforcement functions of the INS were rolled into the new
Department of Homeland Security (DHS). The functions of the INS were split into three
agencies within the DHS, U.S. Citizenship and Immigration Services (USCIS), U.S.
Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement
(ICE). USCIS includes most of the service functions of the former-INS, including asylum
processing, and adjudication of immigration and citizenship applications. ICE is
responsible for interior immigration enforcement and detention and removal operations.
Former INS trial attorneys also fall under ICE. CBP includes customs, border patrol and
inspections at ports-of-entry.
Several problems have become apparent since the INS-DHS transition. As feared,
since the transfer of immigration services to a department focused on security, a
"culture of no" has pervaded application decisions. In addition, application processing
backlogs have grown, and CBP, ICE, and USCIS have failed to resolve issues that
impact all three agencies.
Declining Services
Since the transition, legal service providers across the country have reported an
increase in denials of applications involving discretion. Such denials have drastic
consequences not only for the immigrant, but his or her lawful permanent resident and
U.S. citizen family members as well. (See "Hard Laws Create Very Hard Lives").
Moreover, application processing times continue to increase. At the end of March
2003, the average projected processing time for applications for adjustment of status
to lawful permanent residence was 21 months. By the end of September 2003, it had
increased to 33 months. During this same time period, processing times for
naturalization applications increased by 3 months. Additional security checks
implemented after 9/11, as well as the diversion of adjudications officers to assist with
the Special Registration program, have contributed to these delays.
Despite declining services, application fees are expected to be raised soon. USCIS
officials have told CLINIC that additional security checks implemented post-9/11 have
caused USCIS to spend an unexpected and unbudgeted 10 to 12 million dollars. USCIS
did not receive any additional appropriations to cover these costs. As a result, it is
operating with a large deficit and has stated that it can only re-coup the costs through
higher application fees.
Lack of Coordination
While it is important for immigration service and enforcement functions to be separate,
since the INS-DHS transition, a lack of coordination between ICE, CBP, and USCIS has
resulted in their inability to solve systemic problems. This is particularly evident in
situations where individuals, such as asylum-seekers, must interface with all three
agencies. For example, upon arrival into the United States at a port-of-entry, or upon a
grant of asylum once in the United States, an asylee is issued an I-94 card. The I-94 is
the individual's proof of legal status in the United States. It is needed to apply for a
social security card, a driver's license, to prove status to potential employers, and to
secure many other benefits. At ports-of-entry, the I-94 is issued by CBP. After a grant
of asylum in the United States, an I-94 is issued by an asylum office or a USCIS district
office. I-94 cards issued at ports-of-entry frequently contain errors (misspelled names,
incorrect dates of birth, incorrect expiration dates, etc.). Prior to the INS-DHS transition,
an individual obtained a corrected I-94 card by appearing in-person at the local INS
District Office, regardless of where the I-94 was issued. Under the new DHS, USCIS
has stated that it cannot correct an I-94 card issued at a port-of-entry by CBP. Despite
several requests to implement a clear process where individuals with faulty
CBP-issued I-94's can get them corrected, DHS has yet to do so.
Solution
DHS needs to enhance national security, while improving services and safeguarding
the rights of our nation's millions of law-abiding immigrants. Congress must appropriate
adequate funds that will allow USCIS to reduce application processing backlogs and
efficiently process security checks. DHS officials must balance security with services
by addressing the growing "culture of no." The lack of coordination between USCIS,
CBP, and ICE must be addressed in order to ensure the resolution of problems that
impact all three agencies.
On March 1, 2003, the Immigration and Naturalization Service (INS) ceased to exist, and
all of the service and enforcement functions of the INS were rolled into the new
Department of Homeland Security (DHS). The functions of the INS were split into three
agencies within the DHS, U.S. Citizenship and Immigration Services (USCIS), U.S.
Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement
(ICE). USCIS includes most of the service functions of the former-INS, including asylum
processing, and adjudication of immigration and citizenship applications. ICE is
responsible for interior immigration enforcement and detention and removal operations.
Former INS trial attorneys also fall under ICE. CBP includes customs, border patrol and
inspections at ports-of-entry.
Several problems have become apparent since the INS-DHS transition. As feared,
since the transfer of immigration services to a department focused on security, a
"culture of no" has pervaded application decisions. In addition, application processing
backlogs have grown, and CBP, ICE, and USCIS have failed to resolve issues that
impact all three agencies.
Declining Services
Since the transition, legal service providers across the country have reported an
increase in denials of applications involving discretion. Such denials have drastic
consequences not only for the immigrant, but his or her lawful permanent resident and
U.S. citizen family members as well. (See "Hard Laws Create Very Hard Lives").
Moreover, application processing times continue to increase. At the end of March
2003, the average projected processing time for applications for adjustment of status
to lawful permanent residence was 21 months. By the end of September 2003, it had
increased to 33 months. During this same time period, processing times for
naturalization applications increased by 3 months. Additional security checks
implemented after 9/11, as well as the diversion of adjudications officers to assist with
the Special Registration program, have contributed to these delays.
Despite declining services, application fees are expected to be raised soon. USCIS
officials have told CLINIC that additional security checks implemented post-9/11 have
caused USCIS to spend an unexpected and unbudgeted 10 to 12 million dollars. USCIS
did not receive any additional appropriations to cover these costs. As a result, it is
operating with a large deficit and has stated that it can only re-coup the costs through
higher application fees.
Lack of Coordination
While it is important for immigration service and enforcement functions to be separate,
since the INS-DHS transition, a lack of coordination between ICE, CBP, and USCIS has
resulted in their inability to solve systemic problems. This is particularly evident in
situations where individuals, such as asylum-seekers, must interface with all three
agencies. For example, upon arrival into the United States at a port-of-entry, or upon a
grant of asylum once in the United States, an asylee is issued an I-94 card. The I-94 is
the individual's proof of legal status in the United States. It is needed to apply for a
social security card, a driver's license, to prove status to potential employers, and to
secure many other benefits. At ports-of-entry, the I-94 is issued by CBP. After a grant
of asylum in the United States, an I-94 is issued by an asylum office or a USCIS district
office. I-94 cards issued at ports-of-entry frequently contain errors (misspelled names,
incorrect dates of birth, incorrect expiration dates, etc.). Prior to the INS-DHS transition,
an individual obtained a corrected I-94 card by appearing in-person at the local INS
District Office, regardless of where the I-94 was issued. Under the new DHS, USCIS
has stated that it cannot correct an I-94 card issued at a port-of-entry by CBP. Despite
several requests to implement a clear process where individuals with faulty
CBP-issued I-94's can get them corrected, DHS has yet to do so.
Solution
DHS needs to enhance national security, while improving services and safeguarding
the rights of our nation's millions of law-abiding immigrants. Congress must appropriate
adequate funds that will allow USCIS to reduce application processing backlogs and
efficiently process security checks. DHS officials must balance security with services
by addressing the growing "culture of no." The lack of coordination between USCIS,
CBP, and ICE must be addressed in order to ensure the resolution of problems that
impact all three agencies.
415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Advocacy Topics
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
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