INS Reorganization Under the Homeland Security Act of 2002: Effective Dates and Dual Roles Page: 3 of 6
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modify it on January 30, 2003.10 The President retains the authority under section 1502(c)
to modify the plan until it otherwise becomes effective in accordance with section 1502(d)
of the Act. Section 1502(d) allows the Reorganization Plan to become effective on the
earlier of either the date specified in the Plan (except that it can not be earlier than 90 days
after the date the President submitted the Plan to Congress) or the end of the transition
period."1 The transition period is the twelve month period beginning on the effective date
of the Act.12 Under the Reorganization Plan, the majority of transfers take place on March
1, 2003 and are completed on June 1, 2003.13
The Transfer of INS's Dual Roles Pursuant to President Bush's
November 25, 2002, DHS Reorganization Plan
INS Enforcement. Under the Act, the Under Secretary for the Directorate of
Border and Transportation Security is responsible for INS's enforcement functions as well
as other entities that may play a role at the border.14 Section 441 of the Act, through the
President's Reorganization authority under the Act, transfers the enforcement functions,
personnel, assets, and liabilities possessed by the Commissioner of INS to the Under
Secretary for Border and Transportation Security. Pursuant to the Act, INS's enforcement
functions will be grouped into the Bureau of Border Security, and include: (1) the Border
Patrol, (2) the Detention and Removal program, (3) the Intelligence program, (4) the
Investigations program, and (5) the Inspections program.5 The Bureau of Border Security
will be headed by the Assistant Secretary of the Bureau of Border Security.16 Pursuant
to President Bush's Reorganization Plan, the transfer of INS functions is to take place on
March 1, 2003. Consequently, the Bureau of Border Security (generally the former
enforcement arm of INS) will become legally operational on March 1, 2003.
INS Immigration and Citizenship. INS's immigration and citizenship services
are to be transferred primarily to the DHS's newly created Bureau of Citizenship and
Immigration Services, which is administratively separate from the Directorate of Border
DHS pursuant to section 1502 or 60 days after giving notice of such action to Congress. See P.L.
107-296, 872(a)(1), (2).
10 See Border Reorganization Fact Sheet [http://www.dhs.gov/dhspublic/display?content=414].
" P.L. 107-296, 1502(d).
12 Id. at 1502(2).
13 See [http://www.whitehouse.gov/news/releases/2002/11/reorganization_plan.pdf]. President
Bush's Reorganization Plan states that all incidental transfers associated with the functions
transferred by the Act will be completed by September 30, 2003, pursuant to section 1516 of the
14 Other agencies include: (1) the United States Custom Service; (2) the Transportation Security
Administration; (3) the Federal Protective Service (FPS); (4) the Federal Law Enforcement
Training Center (FLETC); and (5) the Office for Domestic Preparedness. See P.L. 107-296,
15 Id. at 441.
16 Id. at 442(a)(2).
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INS Reorganization Under the Homeland Security Act of 2002: Effective Dates and Dual Roles, report, February 4, 2003; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc810578/m1/3/: accessed October 21, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.