Toward More Effective Immigration Policies: Selected Organizational Issues (CRS Report for Congress)
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Release Date |
Revised Jan. 25, 2007 |
Report Number |
RL33319 |
Report Type |
Report |
Authors |
Ruth Ellen Wasem, Domestic Social Policy Division |
Source Agency |
Congressional Research Service |
Older Revisions |
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Summary:
As Congress weighs comprehensive immigration reform legislation that would likely include additional border and interior enforcement, a significant expansion of guest workers, and perhaps include increased levels of permanent immigration, some question whether the Department of Homeland Security (DHS) can handle the increased immigration workload. There are concerns that the immigration responsibilities in the DHS are not functioning effectively. DHS Secretary Michael Chertoff announced a "Second Stage Review" (2SR) in 2005 that includes strengthening border security and interior enforcement and reforming immigration processes as major agenda items. Currently, three agencies in DHS have important immigration functions: Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS).
The immigration functions are dispersed across three agencies within DHS. The Assistant Secretary of ICE, the Commissioner of CBP, and the Director of USCIS all serve with the same rank directly under the DHS Secretary. Of these, only the Director of USCIS has responsibilities that are exclusively immigration. While the DHS Secretary is the lead cabinet officer on immigration issues, he shares substantial immigration policymaking roles with the Attorney General and the Secretary of State.
Some now argue the disaggregation of the government's immigration responsibilities across several agencies has weakened immigration as a policy priority and has made it much more difficult for the executive branch to develop a comprehensive immigration reform and border security strategy. Others maintain that the current organizational structure sharpens the focus on the key, yet disparate, immigration functions and is optimal from a homeland security perspective.
In seven of the eight workload measures analyzed over the past decade in this report, the immigration workload has declined in recent years. Only removals of aliens has surpassed levels prior to the restructuring of immigration responsibilities. While several key workload trendsânotably, border apprehensions and immigration adjudicationsâare inching upward, the workload trends in asylum, inspections, naturalization, criminal prosecutions, and work site enforcement have declined or remained flat.
Thus far, independent assessments of the functioning of immigration in DHS have centered on problems rather than successes. Indeed, the U.S. Government Accountability Office (GAO) has concluded that many of the management problems that existed before the restructuring of the federal immigration functions still remain. An underlying question is whether a sufficient length of time has elapsed to assess DHS's efficacy in managing immigration policy. This report does not track legislation and will not be regularly updated.