§ 1551. — Immigration and Naturalization Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1551]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 13--IMMIGRATION AND NATURALIZATION SERVICE
SUBCHAPTER I--ORGANIZATION
Sec. 1551. Immigration and Naturalization Service
There is created and established in the Department of Justice an
Immigration and Naturalization Service.
(Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826; June 29, 1906, ch. 3592,
Sec. 1, 34 Stat. 596; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Ex.
Ord. No. 6166, Sec. 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June
14, 1940, 5 F.R. 2223, 54 Stat. 1238.)
Codification
Section was formerly classified to section 342 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378.
Short Title of 2000 Amendment
Pub. L. 106-313, title II, Sec. 201, Oct. 17, 2000, 114 Stat. 1262,
provided that: ``This title [enacting subchapter II of this chapter] may
be cited as the `Immigration Services and Infrastructure Improvements
Act of 2000'.''
Transfer of Functions
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving United States, were to
have been transferred to Secretary of the Treasury by 1973 Reorg. Plan
No. 2, Sec. 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out
in the Appendix to Title 5, Government Organization and Employees. The
transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16,
1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan No. 2,
eff. July 1, 1973.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by 1950 Reorg. Plan No.
2, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out
in the Appendix to Title 5. See sections 509 and 510 of Title 28,
Judiciary and Judicial Procedure.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
The Immigration and Naturalization Service was abolished by section
291(a) of Title 6, Domestic Security, upon completion of all transfers
from the Immigration and Naturalization Service as provided for by
chapter 1 of Title 6.
Functions of the Commissioner of Immigration and Naturalization
performed under the Border Patrol program, the detention and removal
program, the intelligence program, the investigations program, and the
inspections program, and all personnel, assets, and liabilities
pertaining to such programs, were transferred to the Under Secretary for
Border and Transportation Security of the Department of Homeland
Security by section 251 of Title 6 and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set out
as a note under section 542 of Title 6.
Functions of the Commissioner of Immigration and Naturalization
relating to adjudications of immigrant visa petitions, adjudications of
naturalization petitions, adjudications of asylum and refugee
applications, adjudications performed at service centers, and all other
adjudications performed by the Immigration and Naturalization Service,
and all personnel, infrastructure, and funding provided to the
Commissioner in support of such functions, were transferred to the
Director of the Bureau of Citizenship and Immigration Services of the
Department of Homeland Security by section 271(b) of Title 6 and the
Department of Homeland Security Reorganization Plan of November 25,
2002, as modified.
Functions performed by the Statistics Branch of the Office of Policy
and Planning of the Immigration and Naturalization Service with respect
to the functions of the Commissioner referred to in the two preceding
paragraphs were transferred to the Under Secretary for Management of the
Department of Homeland Security by section 341(b)(2) of Title 6 and the
Department of Homeland Security Reorganization Plan of November 25,
2002, as modified.
Functions under the immigration laws of the United States with
respect to the care of unaccompanied alien children that were vested by
statute in, or performed by, the Commissioner of Immigration and
Naturalization (or any officer, employee, or component of the
Immigration and Naturalization Service) were transferred to the Director
of the Office of Refugee Resettlement of the Department of Health and
Human Services by section 279(a) of Title 6 and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified.
Personnel of the Department of Justice employed in connection with
the functions transferred by part E (Sec. 271 et seq.) of subchapter IV
of chapter 1 of Title 6 (and functions that the Secretary of Homeland
Security determines are properly related to the functions of the Bureau
of Citizenship and Immigration Services), were transferred to the
Director of the Bureau of Citizenship and Immigration Services by
section 275(b)(2) of Title 6 and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified. Personnel of the
Department of Justice employed in connection with the functions
transferred by section 279 of Title 6 were transferred to the Director
of the Office of Refugee Resettlement by section 279(f)(3) of Title 6
and the Department of Homeland Security Reorganization Plan of November
25, 2002, as modified.
For treatment of references to any agency, officer, or office, etc.
the functions of which were transferred to the Department of Homeland
Security, see sections 552(d) and 557 of Title 6.
Independent Comprehensive Management Analysis of Service Operations;
Arrangements Respecting, Etc.
Pub. L. 96-132, Sec. 10, Nov. 30, 1979, 93 Stat. 1047, provided
that: ``The Attorney General shall make arrangements with an appropriate
entity for an independent comprehensive management analysis of the
operations of the Immigration and Naturalization Service for the purpose
of making such operations efficient and cost effective. After the
completion of such analysis, the Attorney General shall promptly submit
a report to the appropriate committees of Congress on the results of
such analysis together with any administrative or legislative
recommendations of the Attorney General to improve the operations of the
Service.''
Office of Special Investigator; Functions, Establishment, Powers, Etc.
Pub. L. 96-132, Sec. 22, Nov. 30, 1979, 93 Stat. 1050, provided
that:
``(a) In order to create an independent and objective unit--
``(1) to conduct and supervise audits and investigations
relating to programs and operations of the Immigration and
Naturalization Service,
``(2) to provide leadership and coordination and recommend
policies for activities designed (A) to promote economy, efficiency,
and effectiveness in the administration of, and (B) to prevent and
detect fraud and abuse in, such programs and operations, and
``(3) to provide a means for keeping the Commissioner of the
Immigration and Naturalization Service and the Congress fully and
currently informed about problems and deficiencies relating to the
administration of such programs and operations and the necessity for
and progress of corrective action,
there is hereby established in the Immigration and Naturalization
Service of the Department of Justice an Office of Special Investigator
(hereinafter in this section referred to as `the Office').
``(b)(1) There shall be at the head of the Office a Special
Investigator (hereinafter in this section referred to as `the Special
Investigator') who shall be appointed by the Attorney General without
regard to political affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations. The
Special Investigator shall report to and be under the general
supervision of the Commissioner, who shall not prevent or prohibit the
Special Investigator from initiating, carrying out, or completing any
audit or investigation, or from issuing any subpena during the course of
any audit or investigation.
``(2) The Special Investigator may be removed from office by the
Attorney General. The Attorney General shall communicate the reasons for
any such removal to both Houses of Congress.
``(3) For the purposes of section 7324 of title 5 of the United
States Code, the Special Investigator shall not be considered to be an
employee who determines policies to be pursued by the United States in
the nationwide administration of Federal laws.
``(4) The Special Investigator shall, in accordance with applicable
laws and regulations governing the civil service--
``(A) appoint an Assistant Special Investigator for Auditing who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and operations of the
Service, and
``(B) appoint an Assistant Special Investigator for
Investigations who shall have the responsibility for the performance
of investigative activities relating to such programs and
operations.
``(c) The following provisions of the Inspector General Act of 1978
(Public Law 95-452) [set out in the Appendix to Title 5] shall apply to
the Special Investigator, the Office, the Commissioner, and the Service
under this section in the same manner as those provisions apply to an
Inspector General, an Office, the head of the establishment, and an
establishment under such Act:
``(1) Section 4 (relating to duties and responsibilities of an
Inspector General and the manner in which they are carried out).
``(2) Section 5 (relating to reports required to be prepared and
furnished by or to an Inspector General and their transmittal and
availability).
``(3) Section 6 (relating to the authority of an Inspector
General and related administrative provisions).
``(4) Section 7 (relating to the treatment of employee
complaints by an Inspector General).
``(d) The Attorney General is authorized to appoint such staff as
may be necessary to carry out this section.
``(e) For purposes of this section--
``(1) the term `Service' means the Immigration and
Naturalization Service;
``(2) the term `Department' means the Department of Justice; and
``(3) the term `Commissioner' means the Commissioner of
Immigration and Naturalization.
``(f) The Special Investigator shall be compensated at the rate then
payable under section 5316 of title 5 of the United States Code for
level V of the Executive Schedule.
``(g) The provisions of this section shall take effect on the date
of the enactment of this Act [Nov. 30, 1979] and shall cease to have
effect the earlier of--
``(1) 3 years after the date of the enactment of this Act; and
``(2) the establishment of an office of inspector general for
the Department of Justice.
``(h) In addition to any other sums authorized to be appropriated by
this Act, there are authorized to be appropriated $376,000 for the
fiscal year ending September 30, 1980 to carry out this section.''
History of Immigration and Naturalization Agencies
By acts Aug. 3, 1882, ch. 376, Secs. 2, 3, 22 Stat. 214; Feb. 23,
1887, ch. 220, 24 Stat. 415, the administration of the immigration laws
then in force was reposed in the Secretary of the Treasury.
Subsequently, by act Mar. 3, 1891, ch. 551, Sec. 7, 26 Stat. 1087, the
office of the Superintendent of Immigration was created as a permanent
immigration agency and he in turn was designated Commissioner General of
Immigration under the heading ``Bureau of Immigration'' by act Mar. 2,
1895, ch. 177, Sec. 1, 28 Stat. 780. Upon the establishment of the
Department of Commerce and Labor, the Commissioner General of
Immigration and the Bureau of Immigration were transferred to that
Department by act Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 825, and
thereafter were redesignated the Bureau of Immigration and
Naturalization by act June 29, 1906, ch. 3592, Sec. 1, 34 Stat. 596. The
Bureau of Immigration and Naturalization was transferred to the
Department of Labor upon its establishment by act Mar. 4, 1913, ch. 141,
37 Stat. 736, and divided into two bureaus to be known as the Bureau of
Immigration and the Bureau of Naturalization, respectively. Ex. Ord. No.
6166, Sec. 14, June 10, 1933, set out as note under section 901 of Title
5, Government Organization and Employees, again consolidated these
bureaus to form the Immigration and Naturalization Service, under a
``Commissioner of Immigration and Naturalization'', which was then
transferred from the Department of Labor to the Department of Justice by
1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238,
set out in the Appendix to Title 5.
