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American Immigration Lawyers Association
FOR IMMEDIATE RELEASE
June 27, 2002
Contact: Amanda Carufel, (202) 216-2404
acarafuel@aila.org
Homeland Security and
the INS:
Need to Get it Right, Immigration Experts Say
Washington, D.C. - Reorganization of the Immigration and
Naturalization Service (INS) is critical whether or not the INS is
included in the proposed homeland security department, according to
testimony released today by the American Immigration Lawyers Association
(AILA).
“There is broad consensus, reflected in bipartisan
legislation in Congress, that the INS needs to be reorganized,” said
Kathleen Walker, who testified today and yesterday on AILA’s behalf at
House and Senate hearings on immigration reform and homeland defense.
“Now, with the announcement of a homeland security department, INS
reform is more critical than ever.”
The principles on which an effective reorganization of the
INS must be based are the same whether or not the INS is included in the
homeland security department, according to the testimony. The
principles—spelled out in the bipartisan INS restructuring bill, S.
2444—are: coordinate the separated service and enforcement functions,
place at the helm a leader with the authority to develop and administer
immigration policy for the entire agency, and adequately fund INS so that
it can carry out its mission.
“An effective immigration system is crucial to our
national security,” commented Walker. “And a fair immigration system
is fundamental to who we are as a people and a nation of immigrants.”
AILA believes that our nation is best served by keeping
the immigration system outside of the new homeland agency. If it is
included within the new agency, however, it needs to be a separate
division—not part of the proposed Border and Transportation Security
division—to function effectively and fairly.
AILA also believes that the new agency must include a
civil rights and oversight function to ensure that the new agency upholds
the Constitution and the basic rights of all persons; visa processing
needs to remain a function of the State Department, which sets visa
issuance policy, to avoid the chaos that would result from separating
policy and process; and the Executive Office of Immigration Review must
not be brought into the new agency, but rather made an independent agency
in order to guarantee the impartiality and checks and balances of our
justice system.
“Creating a department of homeland security is an
enormous undertaking, and Congress must take the time to get it right,”
said Walker. “We cannot afford the mistakes and oversights of a hasty
examination. There is too much at stake.”
In her testimony, Walker cautioned Congress to enhance our
security without harming our internationally based economy, our dedication
to respecting individual rights preserved by the Constitution, and our
tradition as a nation of immigrants.
“Nowhere is there a greater call for change than in
reforming our immigration laws to enhance our security, support our
economy and American businesses, and reunite families,” said Walker.
Walker also emphasized that the bureaucratic restructuring
created through the Homeland Security Department cannot take the place of
either a comprehensive homeland security strategy or the need to reform
outmoded immigration laws.
“The goals of a new Homeland Security Department cannot
be achieved until our immigration laws are reformed to make legality the
norm,” Walker added. “This can be achieved through the U.S./Mexico
discussions.”
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