According to the American Immigration Lawyers Association (AILA), Congress is again working on a draft bill (400 pages) that would establish a new Department of Homeland Security.  AILA was able to get a copy of the bill's immigration provisions last night.  The bill will be on the House floor on Wednesday, November 13, 2002, with Senate action to follow.  The bill is moving due to an agreement reached between moderate Democratic Senators, Republican Leadership and the White House on the civil service protections.  While some Democrats do not support this agreement, there appears to be little in the way to prevent Congress from passing the bill. 

AILA's quick review of the bill reveals little coordination between services and enforcement, troubling provisions for granting of visas, and asylum protections and provisions that reflect the need for special treatment of unaccompanied minors removed (that had been in the Senate committee-passed bill). Specifically, the draft places all of the immigration functions within the proposed Department of Homeland Security.  Within that Department, enforcement functions (defined as the Border Patrol, detention and removal, intelligence, investigations, and inspections) are placed within the Border and Transportation Security Department.  The Secretary of Homeland Security, acting through the Under Secretary for Border and Transportation Security, would also establish and administer rules governing the granting of visas, including parole. 

The bill also establishes a separate Bureau of Citizenship and Immigration Services that would be responsible for adjudicating immigrant visa petitions, naturalization petitions, asylum and refugee applications, adjudications at service centers, and all other adjudications currently performed by the INS.  This legislation is moving very fast and now is likely to be passed before Congress recesses for the year.  We will keep you posted.

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