The Immigration and Naturalization Service (INS) was a powerful federal agency that lasted 70 years, from 1933-2003, to enforce the United States’ laws of immigration and naturalization.
The INS had the power to:
- Fight terrorism and smuggling
- Grant U.S. citizenship
- Grant visas (including both temporary and permanent residence visas (“green cards”))
- Investigate, detain, and deport suspected illegal immigrants.
The INS was dissolved in 2003. Its tasks were divided among three types of government services.
1882 – Early 1900s: A Question of Commerce
The origins of the INS begin at the end of the U.S. Civil War. After the war, each state began enacting and enforcing its own immigration laws. The federal government recognized the need for a uniform set of national immigration policies and rules, and in 1882 the Secretary of the Treasury was given the authority to monitor immigration and naturalization.
In 1891, the Treasury secretary’s authority was transferred to the newly established Office of the Superintendent of Immigration’s “Bureau of Immigration” (BIA). Immigration inspectors were stationed at U.S. entry points to collect taxes from immigrants (a “head tax” of fifty cents apiece).
In addition to demanding tax payments, the BIA was created to monitor and control the flow of immigrants coming from western Europe to the United States in the wake of the industrial revolution. One of the BIA’s goals was to keep out “undesirables,’” meaning:
- Persons who had a contagious disease
- Idiots
- Insane persons
- Polygamists
- Felons
- Persons convicted of crimes or misdemeanors related to “moral turpitude” (meaning violent crimes such as rape, sexual assault, prostitution, and murder (etc.) as well as certain nonviolent crimes: forgery, fraud, and robbery, etc.)
In the early 1900s, Congress’ primary interest in immigration was to protect American workers’ jobs. This made immigration more a matter of commerce than punishment or immigration investigation. As a result, in 1903, Congress transferred authority for immigration to the newly created Department of Commerce and Labor, reasoning that the primary concerns of immigration — protecting American workers and wages — fell under its jurisdiction. It was renamed “Immigration and Naturalization Services (INS).”
1921 – 1940: Limiting Number of Migrants
After World War I, Congress tried to restrain the flow of western and northern European immigrants by limiting the number of people allowed each year. Based on prior U.S. Census numbers, a quota was assigned to each nationality, and only a limited number of visas were issued each year.
During the war years, immigration was slow, and the INS became a quieter organization. A new wave of immigration in the 1950s prompted the INS to increase its workforce. During this time, the INS offices became much busier processing cases.
2003: Disbanded
On September 11, 2001, 19 foreigners whom the INS had allowed to enter the U.S. on student or tourist visas committed abominable terrorist attacks via airplane. They killed 2,977 people in New York, Washington, and on Flight 93 from Newark, New Jersey, to San Francisco, California.
The Office of the Inspector General (OIG) reviewed the INS’ contacts with two of the 9/11 terrorists and found them insufficient.
Two terrorists (Marwan Alshehhi and Mohamed Atta) entered the U.S. on standard tourist visas and, while here, timely filed papers to change their status to students so they could attend flight school. The OIG chastised the INS for its procrastination in processing the men’s change of visa applications and noted that the INS was so incompetent that it continued to mail the terrorists their student visas after the attacks had already occurred.
The OIG noticed that the INS had no system to track international students living in the U.S. Because of this, the INS was forced to make critical decisions about student aliens without having access to important information about their activities and whereabouts. (Note: DHS has instituted the SEVP (Student and Exchange Visitor Program) to monitor international students and schools for ongoing immigration compliance.)
The OIG assessed that the INS could not properly protect the United States from terrorists. The INS’ defense was that only one of the 19 terrorists entered the U.S. on a student visa, so the OIG should not have blamed the INS’ student visa program. However, the OIG then reviewed the other attackers’ tourist visa applications. It found scribbled writing and wrong answers that should have caused the INS to red-flag the applications.
What Replaced the INS?
As a result of the criticism of the INS post-2001, in 2003, the INS was dissolved. It was reconfigured as the Department of Homeland Security (DHS). Its prior functions were divided up into three newly-created different agencies:
- U.S. Citizenship and Immigration Services (USCIS). USCIS processes and decides immigration matters, including citizenship, applications for asylum, applications for work visas, applications for family-based visas, and permanent residence (green cards)
- Immigration and Customs Enforcement (ICE). ICE aims to protect the United States from illegal immigration and cross-border crime. ICE focuses its attention on preventing terrorism, enforcing immigration laws and customs violations, and combating human and drug smuggling
- U.S. Customs and Border Protection (CBP) CBP was created when the border functions of the Border Patrol and INS Inspector were combined with U.S. Customs inspectors to create CBP. CBP is one of the largest law enforcement agencies in the United States, with a workforce of more than 45,000 federal agents and officers. CBP is charged with collecting import taxes and facilitating, monitoring, and regulating trade across the border
The reorganization led to some legal changes. The INS had previously been part of the Department of Justice and worked closely with the FBI. That meant that it had to follow federal rules concerning apprehending criminals. For example, the INS could not enter people’s homes to search for undocumented foreigners. Today, immigration enforcement falls under the responsibility of the civil Department of Homeland Security rather than the crime-oriented Department of Justice. Because they are no longer conducted by police-type officials, home raids are now legal.
As a result of the restructuring of these agencies and organizations, the immigration agencies in the United States have become more and more enforcement-oriented. This means that they focus their resources and time on the security of the United States, principally by prosecuting violations of immigration laws.
Do I Need a Lawyer?
U.S. immigration law frequently changes, sometimes with each presidency. That is one reason that it is important to find a lawyer who is up-to-date on immigration laws and processes if you encounter any immigration legal issues.
It is important to have the assistance of an immigration attorney in your area for any immigration issues, questions, or concerns you may have. It may be difficult for you to challenge by yourself the Department of Homeland Security or one of its sub-agencies.
The DHS has the resources to fight any legal battle against them. Your attorney will review your case, advise you of your options, and ensure that your rights are protected. Your attorney will also represent you if you are required to appear in front of an agency or court. Immigration laws and rules can be complex, but a qualified immigration attorney can explain what your legal rights are in a clear and understandable way.
