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United States Immigration and Naturalization Service

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United States Immigration and Naturalization Service

The United States Immigration and Naturalization Service (INS) was a United States federal government agency under the United States Department of Labor from 1933 to 1940 and under the United States 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 – United States Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) – within the newly created United States 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 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 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 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, naturalization, 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 the United States 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).

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 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 [foreign-born person] becomes a citizen), and similar matters.

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.

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