INS Ceases to Exist as of March 1

NEW BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES REPLACES IMMIGRATION AND NATURALIZATION SERVICE

By James M. Mei, Richard M. Rawson, and Christopher R. Helm
[Feb. 2003]

As part of the massive governmental reorganization involving the new Department of Homeland Security (DHS), many immigration functions formerly carried out by different governmental departments will be incorporated into the DHS. One of the most important of these is the transition of the Immigration and Naturalization Service (INS) into the DHS, effective this Saturday, March 1, 2003.

See below for a recent announcement from the INS:

On March 1, the INS benefits functions will become part of the new Bureau of Citizenship and Immigration Services (BCIS) within the Department of Homeland Security.

Key points about the status of INS documents, offices, and services during the transition include:

• Official forms and documents issued by the former INS are still valid and will continue to be accepted by BCIS and other agencies as evidence of status in the United States.
  
  
• BCIS local offices will remain in existing INS locations, including Application Support Centers and Service Centers. There will be no immediate change in office locations.
  
  
• Forms should continue to be mailed to the address indicated in forms and notices.
  
  
• The National Customer Service Call Center will continue to be available at
  1-800-375-5283, or for the hearing impaired at 1-800-767-1833.
  
  
• Customers will still be able to download forms and check the status of their case online (for cases pending adjudication at Service Centers). The new web address for BCIS will be www.immigration.gov.
  

The services provided by the BCIS include: the adjudication of family and employment-based petitions; issuance of employment authorization documents, asylum and refugee processing; naturalization; and implementation of special status programs such as Temporary Protected Status.

While the administration of immigration benefits will be taken over by the BCIS, the vast majority of INS’ other functions will be incorporated into two other new bureaus under the Department of Homeland Security. Those bureaus are:

• Bureau of Immigration and Customs Enforcement - (BICE)
  The BICE brings together approximately 14,000 employees including the investigative and interior enforcement functions of the INS, U.S. Customs Service, and the Federal Protective Services. This Bureau also includes Customs air and maritime assets. By unifying several agencies’ investigative functions, BICE will enhance the Federal government’s ability to carry out an effective, comprehensive interior enforcement strategy.
  
  
• Bureau of Customs and Border Protection - (BCBP)
  The BCBP consists of approximately 30,000 employees, including inspectors from the Agricultural Quarantine Inspections, INS, and U.S. Customs, together with the Border Patrol. The Bureau will focus its operations on the movement of goods and people across our borders, ensuring consistent inspection procedures and coordinated border enforcement.

How Can DWT Help?

Davis Wright Tremaine LLP remains committed to ensuring that this transition process occurs as smoothly as possible for our clients. The transfer of many immigration functions to the new Department of Homeland Security will be a challenge that we can help our clients work through.

If you have questions or would like more information on the above changes, please contact any members of DWT’s immigration practice team, including:

Richard M. Rawson, Seattle, RichRawson@dwt.com
Christopher R. Helm, Seattle, ChrisHelm@dwt.com
James M. Mei, Portland, JimMei@dwt.com

This Immigration Alert is a publication of the Immigration Department of Davis Wright Tremaine LLP. Our purpose in publishing this Alert is to inform our clients and friends of recent developments in immigration law. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations.

Copyright © 2003, Davis Wright Tremaine LLP.