The terrorist attacks of September 11, 2001, present a good example of how illegal immigration or illegal entrance into the United States threatens national security. Of the nineteen alien airplane hijackers who participated in the attacks, several had no immigration documents at all, and others had overstayed their visas (papers granted by the U.S. State Department, giving permission to travel within the United States). Authorities and the public are still not certain how some of the hijackers, of whom the FBI and Immigration and Naturalization Service (INS) had no record at all, actually entered the country. As a result, after the attacks, reforming the U.S. immigration system became an important issue. In 2003 the INS became a branch of the Department of Homeland Security. In the spring of 2004 it was replaced by two new agencies, U.S. Citizenship and Immigration Services (CIS) and U.S. Customs and Border Protection (CBP).
What Was the INS?
The INS began in 1933, after the immigration and naturalization functions of two different agencies of the federal government were consolidated by executive order within the Labor Department. It was headed by a commissioner who reported to the attorney general. During a period of increased international tensions prior to World War II, the INS was moved into the DOJ in 1940.
Since the INS determined who may enter the United States and enforced immigration laws with respect to those who remained, many people placed some of the blame for the September 11, 2001, terrorist events on the INS. The agency conducted immigration inspections of travelers entering (or seeking entry to) the United States; regulated permanent and temporary immigration to the United States; provided services such as granting legal permanent status, temporary status, and naturalization (the process of obtaining U.S. citizenship); controlled U.S. borders; and worked with other agencies to remove illegal aliens.
The agency also shared the responsibility for inspection of all applicants seeking admission to the United States with the U.S. Customs Service at about 250 U.S. ports of entry at land, air, and sea locations. The INS and the Customs Service prevented the entry of illegal aliens mainly by detecting fraudulent documents, including claims of U.S. citizenship or permanent resident status. Inspectors from the two agencies also seized conveyances used for illegal entry, such as cars, trucks, and boats.
It was the task of the U.S. Border Patrol, a subagency of the INS, to secure the eight thousand miles of U.S. borders—clearly a difficult and dangerous task. The Border Patrol worked to stop the influx of illegal aliens, the smuggling of aliens, and also seized illegal imports, like narcotics. In 2000 the Border Patrol consisted of some 9,200 agents. They located and deported nearly 1.7 million illegal aliens attempting to enter the United States.
Restructuring the INS
In the wake of the events of September 11, 2001, Attorney General John Ashcroft announced in November 2001 the Bush administration's plans to reorganize the INS by 2003 if approved by Congress. Under the new Homeland Security bill signed by President Bush in November 2002, INS functions were incorporated into the new DHS. On March 1, 2003, the DHS's Directorate of Border and Transportation Security (BTS) officially assumed responsibility for securing the nation's transportation systems and borders, including 317 official ports of entry, and also assumed responsibility for enforcing the nation's immigration laws. The INS's immigration enforcement functions were transferred to the U.S. Customs and Border Protection (CBP) and the immigration service functions were placed under the U.S. Citizenship and Immigration Services (CIS). Both of these agencies are parts of the DHS.
The CBP combines the duties of four separate agencies: U.S. Customs, which supervised the import and export of goods to and from the United States; the U.S. Border Patrol, which had served to stop illegal aliens and smugglers; the INS, which had dealt with those wishing to become legal citizens; and the Animal and Plant Health Inspection Service, which had worked to keep diseased livestock and infected plants from entering the country. CBP employs some forty-one thousand people to manage, control, and protect the nation's borders. Of these, eighteen thousand CBP agents are stationed at ports of entry to carry out all of the functions previously performed by the earlier inspectional workforces. Called the "One Face at the Border" plan, this approach streamlines the enforcement of border security into a single coordinated workforce. While its primary goal is to secure the country from terrorists, the CBP continues the important traditional work of overseeing legitimate trade, stopping illegal aliens, assisting visitors and legal immigrants, and inspecting plants and animals entering the country. As CBP Commissioner Robert C. Bonner explained in a statement posted on the agency's Web site (http://www.cbp.gov/): "CBP's priority mission is preventing terrorists and terrorist weapons from entering the United States, while also facilitating the flow of legitimate trade and travel."
According to the CBP's Performance and Annual Report, Fiscal Year 2003, among the tasks of the CBP are:
- Determining the admissibility of people and goods
- Regulating and facilitating international trade
- Collecting duties, taxes and fees—$25 billion was collected in FY 2003
- Enforcing all laws of the U.S., including trade laws, at our borders
- Intercepting high-risk travelers while expediting the travel of low-risk travelers
- Deploying selectivity techniques, technology, and tools for the physical inspection of travelers' baggage and vehicles to enforce U.S. laws and avert high-risk situations
Among the new programs established by the CBP to meet its goals are the Custom Trade Partnership against Terrorism (C-TPAT), the Free and Secure Trade (FAST) Program, and the Container Security Initiative (CSI). The C-TPAT is a joint initiative between government and business to ensure that proper supply-chain security procedures are in place—from factory to shipping dock—to keep all shipments into the U.S. safe from tampering by terrorists. FAST allows importers, truck drivers, and commercial carriers who bring goods into the U.S. from Canada or Mexico to enjoy expedited entry into the United States if they meet specific security criteria. The CSI concerns the safety of containerized cargo shipped into the United States. Under the program, foreign ports agree to have CBP agents inspect maritime containers headed for the United States before they are loaded.
In August 2004 it was announced that the DHS was planning to expand the powers of CBP agents. They will now be allowed to deport illegal aliens caught at the border without providing the aliens the opportunity to make their case before an immigration judge. Until this change, only illegal aliens caught at airports and seaports could be deported without a hearing. The new rule expands that power to those caught along the Mexican and Canadian borders. The process of appearing in immigration court can take up to a year. The DHS stated that this long process puts a strain on detention facilities and takes too much money and manpower resources from more important duties. Only illegal aliens who are third-country nationals rather than Mexican or Canadian citizens, and who are caught within a hundred miles of the Mexican or Canadian border, will be affected by this change.
The CIS handles immigration and citizenship services for those who wish to become U.S. citizens. The CIS staff consists of approximately fifteen thousand employees and contractors. The CIS Web site (http://uscis.gov/) lists the immigrant and nonimmigrant benefits processed by the agency:
- Family-based petitions—facilitating the process for close relatives to immigrate, gain permanent residency, work, etc.
- Employment-based petitions—facilitating the process for current and prospective employees to immigrate or stay in the U.S. temporarily
- Asylum and Refugee processing—adjudicating asylum and the processing of refugees
- Naturalization—approving citizenship of eligible persons who wish to become U.S. citizens
- Special status programs—adjudicating eligibility for U.S. immigration status as a form of humanitarian aid to foreign nationals
- Document issuance and renewal—including verification of eligibility, production and issuance of immigration documents
The BTS also includes the Federal Law Enforcement Training Center (formerly a part of the Department of Treasury) and the Transportation Security Administration (formerly a part of the Department of Transportation). In time, the Federal Protective Service (formerly a part of the General Services Administration) will also become part of the BTS to perform the additional function of protecting government buildings.
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