Authority to Enforce the Immigration and Nationality Act (INA) in the Wake of the Homeland Security Act: Legal Issues

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For decades, the administrative authority to interpret, implement, enforce, and adjudicate immigration law within the U.S. lay almost exclusively with one officer: the Attorney General. The most general statement of this power was found in §103(a)(1) of the Immigration and Nationality Act of 1952 (INA), the statute that comprehensively regulates immigration law in the United States. With the transfer of nearly all immigration functions to the Department of Homeland Security on March 1, 2003, however, §103(a)(1) of the INA has necessarily required various modifications to clarify the respective authorities newly obtained by the Secretary of Homeland Security and retained by … continued below

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11 pages.

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Viña, Stephen R. July 16, 2003.

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For decades, the administrative authority to interpret, implement, enforce, and adjudicate immigration law within the U.S. lay almost exclusively with one officer: the Attorney General. The most general statement of this power was found in §103(a)(1) of the Immigration and Nationality Act of 1952 (INA), the statute that comprehensively regulates immigration law in the United States. With the transfer of nearly all immigration functions to the Department of Homeland Security on March 1, 2003, however, §103(a)(1) of the INA has necessarily required various modifications to clarify the respective authorities newly obtained by the Secretary of Homeland Security and retained by the Attorney General.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.

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  • July 16, 2003

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  • Nov. 18, 2005, 11:32 a.m.

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  • Aug. 20, 2020, 9:22 p.m.

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Viña, Stephen R. Authority to Enforce the Immigration and Nationality Act (INA) in the Wake of the Homeland Security Act: Legal Issues, report, July 16, 2003; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs7713/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.

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