Post-Conviction Relief for Immigrants

(A)  Immigration Authorities.  The Department of Homeland Security (DHS) has been entrusted with functions formerly performed by the INS, which was a part of the Department of Justice.[1]  The DHS is responsible for administration of the INA, and therefore for controlling the immigration, admission, removal, and naturalization of foreign nationals.  A branch of the Department of Justice, called the Executive Office of Immigration Review (EOIR), continues to operate an administrative court system dedicated to admitting, excluding, deporting, and removing noncitizens, which is composed of administrative “trial courts” presided over by “Immigration Judges,” from which an appeal may be taken to the Board of Immigration Appeals (BIA).

All references to “INS” in this work refer to the former Immigration and Naturalization Service, whose functions are now performed by the DHS, which contains the following agencies with immigration-related responsibilities:

(1)  The Bureau of Citizenship and Immigration Services (USCIS) has responsibility for adjudicating all benefits, including visa petitions, employment authorizations, changes of nonimmigrant status, temporary protected status and adjustment of status.[2]

(2)  The Bureau of Immigration and Customs Enforcement (USICE or ICE) was given combined responsibility for immigration and customs investigation and enforcement functions, including detention and removal.[3]

(3)  The Bureau of Customs and Border Protection (USCBP) has responsibility for the border (including border patrol and port of entry inspections functions).[4]

            An alien is defined as anyone who is not a United States citizen or national.[5]   “A national is a person owing permanent allegiance to the U.S., even though not a citizen.  8 U.S.C. § 1101(a)(21), (22).”[6]

[1] Effective March 1, 2003, the former INS was dismantled, and its responsibilities were primarily divided among three separate agencies within a new cabinet level agency, the Department of Homeland Security, created by the Homeland Security Act of 2002 (HSA), Pub. L. No. 107-296 (2002). 

[2] http://www.immigration.gov/graphics/index.htm

[3] http://www.bice.immigration.gov/graphics/index.htm

[4] http://www.cbp.gov; also, the link at this web page for “immigration inspections” leads to a shared site with USCIS:  http://www.immigration.gov/graphics/shared/lawenfor/bmgmt/inspect/index.htm

[5] INA § 101(a)(3), 8 U.S.C. § 1101(a)(3).

[6] R. McWhirter, The Criminal Lawyer’s Guide to Immigration Law: Questions and Answers 6 (American Bar Ass’n 2001).