The United States Immigration and Naturalization Service (INS) was an agency of the U.S. Department of Labor from 1933 to 1940 and the U.S. Department of Justice 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 (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) – within the newly created Department of Homeland Security (DHS), as part of a major government reorganization following the September 11 attacks 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, a ...

and

naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...

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 fo ...

after 1903 and the Department of Labor after 1913. In 1940, with increasing concern about national security, immigration and naturalization was organized under the authority of the Department of Justice. In 2003 the administration of immigration services, including permanent residence,

, asylum, and other functions, became the responsibility of the Bureau of Citizenship and Immigration Services (BCIS), which existed under that name only for a short time before changing to its current name, U.S. Citizenship and Immigration Services (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 (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 (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, some states started to pass their own immigration laws, which prompted the U.S. Supreme Court 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
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 m ...

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 List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...

, 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 The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other nati ...

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 allo ...

; 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 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 World War II by country, vast majority of the world's countries—including all of the great power ...

. 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 Hawa ...

these plans went into effect. By December 10, three days after the attack, the INS had 1,291 Japanese, 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 **Ger ...

, and 147 Italian 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 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), ''

'' (1936), '' Paddy O'Day'' (1936), '' Gateway'' (1938), '' Secret Service of the Air'' (1939), '' Exile Express'' (1939), '' Five Came Back'' (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'' (1951), Coneheads (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) witnesses ...

'' (1997), '' Fun with Dick and Jane'' (2005) and '' Ip Man 4: The Finale'' (2019).

References

External links