Immigration Agency Lawyers

An immigration agency is a government organization that performs diverse functions and duties related to United States immigration law.

These activities include determining temporary and permanent visas, citizenship, asylum, security at borders and control over entry into the country, and policing actions such as deportation, removal, and investigation of immigration crime.

What Are the Immigration Agencies?

In the past, the vast majority of immigration work was performed by the Immigration and Naturalization Services (INS), a division of the Department of Justice. The INS was criticized due to its perceived missteps related to the September 11, 2001, terrorist attacks. The INS was accused of preventing terrorists from entering the country. The INS was discontinued in 2003, and three newly created agencies took up its tasks.

These are the three agencies, each of which has responsibility for certain of the former duties of the INS: The United States Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP). The USCIS, CBP, and ICE are collectively grouped under the larger Department of Homeland Security (DHS).

The different agencies exercise the following responsibilities and powers:

USCIS

USCIS oversees the procedures for lawful entry into the U.S. It processes applications for temporary visas based on family relationships, employment, study, and more. It also processes applications for permanent visas – that is, green cards. The USCIS administers English language and civics tests to those who wish to become citizens and conducts interviews with those who wish to obtain permanent residence. USCIS also manages an e-verify system that allows employers to verify whether potential employees are documented and eligible to work in the United States.

In addition, USCIS is responsible for the following:

• Issuing employment authorization documents
• Administering immigration services and benefits
• Processing asylum applications
• Processing refugee applications

ICE

Formerly, the INS was responsible for immigration investigations, deportation of those in the United States illegally, and criminal intelligence. When the INS was dissolved, the employees of the INS who were responsible for these functions were combined with investigators from the U.S. Customs offices to create the agency known as ICE (Immigration and Customs Enforcement). ICE functions as the police branch of immigration matters, enforcing security and other immigration concerns, especially removing undocumented aliens from the country (deportation).

ICE could be thought of as the “immigration enforcers,” investigating such crimes as:

• Passport fraud
• Money laundering
• Drug smuggling
• Weapons smuggling
• Child pornography
• Human trafficking
• Terroristic threats

ICE is also responsible for maintaining the newly-created “Student and Exchange Visitor Information System” (SEVIS), a computerized tracking system that maintains personal information about international students. School officials are responsible for inputting student information into SEVIS. ICE uses the information that universities and colleges provide to keep tabs on student enrollment status, courses of study (majors), addresses, student employment on- and off-campus, and conformity with the terms of students’ immigration status. SEVIS is not meant to help students; rather, it is used to keep track of them and deport them if they violate their student visa status.

ICE is organized into two principal operating components:

• Enforcement and Removal Operations (ERO): ERO is responsible for finding illegal aliens and fugitives who are believed to threaten national security. ERO is also responsible for housing aliens who are being held in custody while awaiting an immigration hearing
• Homeland Security Investigations (HSI): HSI is responsible for investigating criminal organizations, including those suspected to be, or known to be, terrorists. HSI is also responsible for investigating weapons, contraband, human smuggling, financial crimes, and of course, immigration crime

Within those operating components, ICE is composed of various additional divisions. Some of these are:

• The Office of Federal Protective Service: the security guard for all federal buildings and facilities
• The Office of Investigations: the “FBI” arm for ICE, analyzing and investigating immigration violations, contraband and money laundering, and other crimes
• The Office of Detention and Removal Operations: detaining and maintaining illegal aliens in immigration jails
• The Office of Congressional Relations: this subagency reports ICE’s goals, policies, and activities to Congress

CBP

Last, the border functions of the INS, which included the Border Patrol and INS Inspectors, were combined with U.S. Customs Inspectors to create the CBP.

CBP is one of the world’s largest law enforcement agencies, with over 60,000 employees. CBP handles security issues at the border ports of entry, including the passage of illegal items and illegal entry into the country. The CBP is responsible for ensuring the safety and security of all U.S. international borders. Its responsibilities include:

• Regulating and facilitating international trade.
• Collecting import duties.
• Enforcing U.S. regulations, including customs, trade, and immigration.

According to its website, the CBP has five missions:

1. Counterterrorism – Anticipate, detect, and disrupt the threat of terrorists
2. Combat transnational crime – Detect, deter, and disrupt transnational organized crime
3. Secure the border – Protect the United States against illegal entry
4. Facilitate lawful trade and protect revenue – Enable fair, competitive, and compliant trade to ensure economic security for the American people
5. Facilitate lawful travel – Improve the travel experience by anticipating and intercepting threats along the borders and at border crossing points

Most CBP agents are involved in situations in the field instead of administrative or other office functions. Activities engaged in by CBP officers include:

• Watching out for border safety concerns in general
• Building border fences and other structures
• Performing traffic inspections looking for hidden passengers
• Processing travelers at border entry points
• Tracking and identifying suspicious or high-risk persons seeking entry into the country
• Searching and inspecting electronic items such as cell phones, laptops, and tablets
• Patrolling areas along the Mexican/U.S. border for both immigration and safety purposes
• Preventing those who do not have permission from crossing into the United States
• Arresting persons who are under suspicion of illegal immigration
• Participating in the removal and deportation of persons who do not have the right to be in the United States
• Seizing all merchandise that is stolen, smuggled, or clandestinely imported
• Inspecting packages for drugs and other contraband
• Arresting those who have smuggled illegal goods into the country
• Inspecting items crossing international borders into the U.S., especially agricultural products
• Preventing the entry into the U.S. of non-native agricultural contaminants, pests, and diseases by inspecting trucks, containers, people, and luggage
• Ensuring that imported fruits and vegetables are pest-free
• Detecting and intercepting evidence of “agro-terrorism” (terrorism intended to harm some area of agriculture or the U.S. food supply)

How Can a Lawyer Help When Dealing with an Immigration Agency?

The tasks performed by an immigration agency can be very broad and may involve several complicated issues. If you or a loved one is facing any immigration matters, you may wish to consult directly with a qualified immigration lawyer in your area. Your attorney can provide the latest information on immigration laws, policies, and agency enforcement.

A qualified lawyer can help you or a loved one if an immigration agency is requesting any of the following from you:

• Background criminal check
• Paperwork
• Employment records
• An interview

Also, immigration agencies sometimes conduct hearings before a panel, board, or immigration judge. In such cases, hiring a lawyer for representation during the hearings is important for the success of your claim.