The United States Immigration and Naturalization Service (INS) was an agency of the
U.S. Department of Labor
The United States Department of Labor (DOL) is one of the United States federal executive departments, executive departments of the federal government of the United States, U.S. federal government. It is responsible for the administration of fede ...
from 1933 to 1940 and the
U.S. Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
from 1940 to 2003.
Referred to by some as former INS and by others as legacy INS, the agency ceased to exist under that name on March 1, 2003, when most of its functions were transferred to three new entities –
U.S. Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...
(USCIS),
U.S. Immigration and Customs Enforcement
The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...
(ICE), and
U.S. Customs and Border Protection
United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilit ...
(CBP) – within the newly created
Department of Homeland Security
The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
(DHS), as part of a major government reorganization following the
September 11 attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercia ...
of 2001.
Prior to 1933, there were separate offices administering
immigration
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
and
naturalization matters, known as the Bureau of Immigration and the Bureau of Naturalization, respectively. The INS was established on June 10, 1933, merging these previously separate areas of administration. In 1890, the federal government, rather than the individual states, regulated immigration into the United States, and the
Immigration Act of 1891
The Immigration Act of 1891, also known as the 1891 Immigration Act, was a modification of the Immigration Act of 1882, focusing on immigration rules and enforcement mechanisms for foreigners arriving from countries other than China. It was the se ...
established a Commissioner of Immigration in the
Treasury Department. Reflecting changing governmental concerns, immigration was transferred to the purview of the
United States Department of Commerce and Labor
The United States Department of Commerce and Labor was a short-lived Cabinet department of the United States government, which was concerned with fostering and supervising big business.
Origins and establishment
Calls in the United States for ...
after 1903 and the
Department of Labor
The Ministry of Labour ('' UK''), or Labor ('' US''), also known as the Department of Labour, or Labor, is a government department responsible for setting labour standards, labour dispute mechanisms, employment, workforce participation, training, a ...
after 1913. In 1940, with increasing concern about national security, immigration and naturalization was organized under the authority of the
Department of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
.
In 2003 the administration of immigration services, including permanent residence,
naturalization, asylum, and other functions, became the responsibility of the
Bureau of Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...
(BCIS), which existed under that name only for a short time before changing to its current name,
U.S. Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...
(USCIS). The investigative and enforcement functions of the INS (including investigations, deportation, and intelligence) were combined with the U.S. Customs investigators to create
U.S. Immigration and Customs Enforcement
The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...
(ICE). The border functions of the INS, which included the Border Patrol and INS Inspectors, were combined with U.S. Customs Inspectors to create
U.S. Customs and Border Protection
United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilit ...
(CBP).
Mission
The INS (Immigration and Naturalization Service) administered federal immigration laws and regulations including the Immigration and Nationality Act (Title 8, United States Code). Its officers inspected foreigners arriving at an official Port of Entry (POE), detecting and deterring
illegal entry
Illegal entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law.
Human smuggling is the practice of aiding people in crossing international borders for financial gain, often i ...
between the ports (with the assistance of the Border Patrol, a component of the INS) and by sea, and conducting investigations of criminal and administrative violations of the Act. The INS also adjudicated applications for permanent residency ("green cards"), change of status, naturalization (the process by which an alien
oreign-born personbecomes a citizen), and similar matters.
Structure
At the head of the INS was a commissioner appointed by the President who reported to the Attorney General in the Department of Justice. The INS worked closely with the United Nations, the Department of State, and the Department of Health and Human Services. The INS was a very large and complex organization that had four main divisions—Programs, Field Operations, Policy and Planning, and Management—that were responsible for operations and management.
The operational functions of the INS included the Programs and Field Operations divisions. The Programs division was responsible for handling all the functions involved with enforcement and examinations, including the arrest, detaining, and deportation of illegal immigrants as well as controlling illegal and legal entry.
The Field Operations division was responsible for overseeing INS' many offices operating throughout the country and the world. The Field Operations division implemented policies and handled tasks for its three regional offices, which in turn oversaw 33 districts and 21 border areas throughout the country. Internationally, the Field Operations division oversaw the Headquarters Office of International Affairs which in turn oversaw 16 offices outside the country.
Managerial functions of the INS included the Policy and Planning and Management divisions. The Office of Policy and Planning coordinated all information for the INS and communicated with other cooperating government agencies and the public. The office was divided into three areas: the Policy Division; the Planning Division; and the Evaluation and Research Center. The second managerial division, called the Management division, was responsible for maintaining the overall mission of the INS throughout its many offices and providing administrative services to these offices. These duties were handled by the offices of Information Resources Management, Finance, Human Resources and Administration, and Equal Employment Opportunity.
History
Shortly after the
U.S. Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states t ...
, some states started to pass their own immigration laws, which prompted the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
to
rule in 1876 that immigration was a federal responsibility. The Immigration Act of 1891 established an Office of the Superintendent of Immigration within the
Treasury Department.
[Records of the Immigration and Naturalization Service](_blank)
National Archives. Accessed July 15, 2010 This office was responsible for admitting, rejecting, and processing all immigrants seeking admission to the United States and for implementing national immigration policy. 'Immigrant Inspectors', as they were called then, were stationed at major U.S. ports of entry collecting manifests of arriving passengers. Its largest station was located on
Ellis Island
Ellis Island is a federally owned island in New York Harbor, situated within the U.S. states of New York and New Jersey, that was the busiest immigrant inspection and processing station in the United States. From 1892 to 1954, nearly 12 mi ...
in New York harbor. Among other things, a 'head tax' of fifty cents was collected on each immigrant.
Paralleling some current immigration concerns, in the early 1900s
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
's primary interest in immigration was to protect American workers and wages: the reason it had become a federal concern in the first place. This made immigration more a matter of commerce than revenue. In 1903, Congress transferred the Bureau of Immigration to the newly created (now-defunct)
Department of Commerce and Labor
The United States Department of Commerce and Labor was a short-lived Cabinet department of the United States government, which was concerned with fostering and supervising big business.
Origins and establishment
Calls in the United States for ...
, and on June 10, 1933, the agency was established as the ''Immigration and Naturalization Service''.
After
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, Congress attempted to stem the flow of immigrants, still mainly coming from Europe, by passing a law in 1921 and the
Immigration Act of 1924
The Immigration Act of 1924, or Johnson–Reed Act, including the Asian Exclusion Act and National Origins Act (), was a United States federal law that prevented immigration from Asia and set quotas on the number of immigrants from the Eastern ...
limiting the number of newcomers by assigning a quota to each nationality based upon its representation in previous
U.S. Census figures. Each year, the
U.S. State Department issued a limited number of
visas
Visa most commonly refers to:
*Visa Inc., a US multinational financial and payment cards company
** Visa Debit card issued by the above company
** Visa Electron, a debit card
** Visa Plus, an interbank network
*Travel visa, a document that allows ...
; only those immigrants who could present valid visas were permitted entry.
There were a number of predecessor agencies to INS between 1891 and 1933. The Immigration and Naturalization Service (INS) was formed in 1933 by a merger of the Bureau of Immigration and the Bureau of Naturalization.
Both those bureaus, as well as the newly created INS, were controlled by the Department of Labor.
President
Franklin Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
moved the INS from the
Department of Labor
The Ministry of Labour ('' UK''), or Labor ('' US''), also known as the Department of Labour, or Labor, is a government department responsible for setting labour standards, labour dispute mechanisms, employment, workforce participation, training, a ...
to the Department of Justice in 1940,
citing a need for "more effective control over aliens" as the United States moved closer to joining
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
.
By July 1941, Justice Department officials had decided that the INS would oversee the internment of enemy aliens
arrested by the FBI should the U.S. enter the war, and immediately after the
attack on Pearl Harbor
The attack on Pearl HarborAlso known as the Battle of Pearl Harbor was a surprise military strike by the Imperial Japanese Navy Air Service upon the United States against the naval base at Pearl Harbor in Honolulu, Territory of Hawaii ...
these plans went into effect. By December 10, three days after the attack, the INS had 1,291
Japanese
Japanese may refer to:
* Something from or related to Japan, an island country in East Asia
* Japanese language, spoken mainly in Japan
* Japanese people, the ethnic group that identifies with Japan through ancestry or culture
** Japanese diaspor ...
, 857
German
German(s) may refer to:
* Germany (of or related to)
** Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ge ...
, and 147
Italian
Italian(s) may refer to:
* Anything of, from, or related to the people of Italy over the centuries
** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom
** Italian language, a Romance language
*** Regional Ita ...
nationals in custody.
These "enemy aliens," many of whom had resided in the United States for decades, were arrested without warrants or formal charges. They were held in immigration stations and various requisitioned sites, often for months, before receiving a hearing (without the benefit of legal counsel or defense witnesses) and being released, paroled, or transferred to a Department of Justice internment camp.
[ Starting in 1942, the INS also interned German, Italian, and Japanese Latin Americans deported from Peru and other countries. It is estimated that 17,477 persons of Japanese ancestry, 11,507 of German ancestry, 2,730 of Italian ancestry, and 185 others were interned by the Immigration and Naturalization Service during the war.][Kashima, Tetsuden. ''Judgement Without Trial: Japanese American Imprisonment During World War II'' (Seattle: University of Washington Press, 2003), pp 124-25.]
In November 1979, Attorney General Benjamin Civiletti
Benjamin Richard Civiletti (July 17, 1935October 16, 2022) was an American lawyer who served as the United States Attorney General during the Carter administration, from 1979 to 1981. The first Italian American to lead the U.S. Department of Ju ...
announced that INS "raids" would only take place at places of work, not at residences where illegal aliens were suspected of living.
Films
The work of the immigration service has been dramatized or depicted in literature, music, art, and theatre. Films using its work as a theme include '' The Immigrant'' (1917), ''The Strong Man
''The Strong Man'' is a 1926 American silent comedy film starring Harry Langdon.
Along with ''Tramp, Tramp, Tramp'', ''The Strong Man'' is Langdon's best known film. Capra would also direct Langdon's next feature, '' Long Pants'' (1927), which ...
'' 1926), ''Ellis Island
Ellis Island is a federally owned island in New York Harbor, situated within the U.S. states of New York and New Jersey, that was the busiest immigrant inspection and processing station in the United States. From 1892 to 1954, nearly 12 mi ...
'' (1936), ''Paddy O'Day
''Paddy O'Day'' is a 1936 American comedy-drama film directed by Lewis Seiler and released by 20th Century Fox. It stars Jane Withers, Pinky Tomlin, and Rita Hayworth (credited as Rita Cansino). The story follows the adventures of a plucky Iri ...
'' (1936), '' Gateway'' (1938), ''Secret Service of the Air
''Secret Service of the Air'' (also known as ''Murder Plane'') is a 1939 American adventure film directed by Noel M. Smith and starring Ronald Reagan. This film was the first in Warner Bros.' Secret Service series. The series consisted of fou ...
'' (1939), '' Exile Express'' (1939), ''Five Came Back
''Five Came Back'' is a 1939 American black-and-white melodrama from RKO Radio Pictures produced by Robert Sisk, directed by John Farrow, written by Jerry Cady, Dalton Trumbo, and Nathanael West, and starring Chester Morris and Lucille Ball. ...
'' (1939), ''Illegal Entry
Illegal entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law.
Human smuggling is the practice of aiding people in crossing international borders for financial gain, often i ...
'' (1949), ''Deported
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
'' (1950), ''Gambling House
A casino is a facility for certain types of gambling. Casinos are often built near or combined with hotels, resorts, restaurants, retail shopping, cruise ships, and other tourist attractions. Some casinos are also known for hosting live entertai ...
'' (1951), Coneheads
The Coneheads are a fictional family of extraterrestrials with bald conical heads, created for a series of recurring sketches on ''Saturday Night Live'' (SNL). They first appeared on the January 15, 1977 episode hosted by Ralph Nader (episode 3 ...
(1993), ''Men in Black
In popular culture and UFO conspiracy theories, men in black (MIB) are purported men dressed in black suits who claim to be quasi- government agents, who harass, threaten, or sometimes even assassinate unidentified flying object (UFO) witnesse ...
'' (1997), '' Fun with Dick and Jane'' (2005) and '' Ip Man 4: The Finale'' (2019).
See also
* U.S. Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...
* U.S. Immigration and Customs Enforcement
The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...
* U.S. Customs and Border Protection
United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilit ...
* Immigration
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
* Asylum in the United States
The United States recognizes the right of asylum for refugees as specified by international and federal law. A specified number of legally defined refugees who are granted ''refugee status'' outside the United States are annually admitted un ...
* ''Well-Founded Fear
''Well-Founded Fear'' is a 2000 documentary film from directors Shari Robertson and Michael Camerini. The film takes its title from the formal definition of a refugee under the UN Convention Relating to the Status of Refugees, as a person who ...
''
References
External links
Official Site
(2000–2003) (Archive)
History site
Department of Homeland Security (DHS)
U.S. Citizenship and Immigration Services (USCIS) of the DHS
U.S. Immigration and Customs Enforcement (ICE) of the DHS
U.S. Customs and Border Protection (CBP) of the DHS
{{DEFAULTSORT:Immigration And Naturalization Service
Immigration to the United States
Defunct agencies of the United States government
Defunct federal law enforcement agencies of the United States
History of immigration to the United States
Government agencies disestablished in 2003
Government agencies established in 1933
1933 establishments in the United States
2003 disestablishments in the United States