Over the years, INS was repeatedly criticized for its seemingly unmanageable bureaucracy. Border Patrol agents and INS investigators developed reputations of being undertrained and overworked. People applying for immigration benefits often encountered backlogs that stretched for years. Many suggestions were made for reorganization, but the terrorist attacks of 2001 finally precipitated major change. In the wake of September 11, INS was criticized for its failure to prevent the terrorists from entering the country. Calls for change became more strident after the revelation that several of the hijackers had received visas to come to the U.S. to attend flight-training schools.
On November 19, 2002, President George W. Bush signed legislation that established the Department of Homeland Security, a cabinet-level department. DHS encompassed 22 agencies and 190,000 employees. Along with INS, the Coast Guard and the Customs Service came under DHS jurisdiction on March 1, 2003.
Under the auspices of DHS, the U.S. Citizenship and Immigration Services (USCIS) has assumed the responsibility for administering benefits, including oversight over:
- Immigrant and nonimmigrant admission to the country
- Work authorization and other permits
- Naturalization of qualified applicants for U.S. citizenship
- Asylum and refugee processing
Immigration enforcement now comes within the purview of the Directorate of Border and Transportation Security. Duties are further divided between the Bureau of Immigration and Customs Enforcement (ICE), and the Bureau of Customs and Border Protection (CBP). ICE is responsible for the enforcement of immigration laws within the U.S. CBP is responsible for inspections of people coming to the country, and for patrolling the border. Enforcement responsibilities for ICE and CBP include:
- Preventing aliens from entering the country unlawfully
- Detection and removal of aliens who are living in the U.S. unlawfully
- Preventing terrorists and other criminal aliens from entering or residing in the U.S.