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

Description:

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.

Creator(s):
Creation Date: July 16, 2003
Partner(s):
UNT Libraries Government Documents Department
Collection(s):
Congressional Research Service Reports
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Total Uses: 132
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Place of Publication: Washington D.C., USA
Date(s):
  • Creation: July 16, 2003
Description:

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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11 pages.

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Partner:
UNT Libraries Government Documents Department
Collection:
Congressional Research Service Reports
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Resource Type: Report
Format: Text