INS Begins Restructuring in April 2002
Posted Apr 26, 2002
The Immigration and Nationality Service (INS) announced on April 17, 2002 that it had taken the first significant steps towards restructuring. While a long-debated issue, in the aftermath of the attacks of September 11th, 2001, the restructuring of the INS has become a top priority of both Congress and the White House. The government is keen to remedy actual and perceived problems within INS. Restructuring plans were covered in the MurthyBulletin article, 2002 Immigration Overview : INS Commissioner's Perspective, available on MurthyDotCom. As explained in that article, the fundamental element in the restructuring is the separation of the "service," or benefit-granting side, of the INS from immigration enforcement.
In keeping with this notion and President Bush's pledge for INS reform, the INS is reorganizing chains of command in several key areas. These efforts will be supervised by the Office of Restructuring, which will receive recommendations from a Field Advisory Board comprised of senior INS officials. The Board is newly created and its first meeting was held on April 10, 2002. The INS is also establishing an Office of Juvenile Affairs to address the needs of juveniles who come into contact with INS, including unaccompanied minors in INS custody.
Direct Chains of Command for Enforcement Functions
INS changes include establishment of more direct chains of command for the U.S. Border Patrol and the Service Process Centers (SPCs), which are detention centers run by INS. Essentially, INS Headquarters will oversee these functions directly. The Chief of the Border Patrol, who is based at INS Headquarters, will now have direct authority over Chief Patrol Agents in 21 Border Patrol Sectors. This eliminates two additional levels of authority previously between Headquarters and the agents. This change will allow the deployment of agents and other resources nationwide without delay. The need for a more efficient command structure became apparent beginning September 11th, when 318 Border Patrol Agents had to be placed at airports throughout the U.S. within 36 hours. This task made it necessary to bypass chains of command.
Creation of New Office of Juvenile Affairs
The new Office of Juvenile Affairs (OJA), headed on an interim basis by Steve Farquharson, District Director in Boston, will likewise have direct authority over field officers. The issues concerning unaccompanied minors and other juveniles who come into contact with INS enforcement was addressed in our March 15, 2002 article, Unaccompanied Minors Legislation. These issues included the proper treatment of children who are smuggled into the U.S. for sweatshop labor or other illicit purposes, and appropriate facilities to detain these children, keeping them apart from the prison population.
Coordination of Between Enforcement and Service Components
The INS announcement also included the launch of a search for a Chief Financial Officer (CFO) and Chief Information Officer (CIO). The CFO will be responsible for broad aspects of INS financial management and fiscal policy. The CIO will be responsible for the information systems to assure that the enforcement and services portions of the INS have accurate and timely information. The CIO will also develop information exchange systems with other appropriate government and law enforcement agencies. Post 9/11 the coordination of information systems is obviously a key issue.
The CIO will ensure that there is exchange of data between the two sides, as their issues are interconnected. Put simply, there are times when benefits should not be granted due to enforcement issues (such as an applicant's criminal record). Conversely, there are times when the approval of a benefit (such as permanent residence) would eliminate the status issues of concern to the enforcement side. Faster dissemination of information regarding policy and law to the field-level officials as well as increased efficiency are admirable goals and efforts to reach them should be applauded. © The Law Office of Sheela Murthy, P.C.
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