| Summary of "Reorganizing the U.S. Immigration Function: Toward a New Framework for Accountability"
The 1998 report Reorganizing the U.S. Immigration Function: Toward a New Framework for Accountability, by Demetrios G. Papademetriou, T. Alexander Aleinikoff, and Deborah W. Meyers, reviewed the history of the U.S. government's immigration function, studied the often-discussed problems of the INS and previous restructuring proposals, proposed principles to guide any reforms, and made recommendations for change.
Almost every INS story that hits the headlines-and far more that do not-results from five identified weaknesses. They are:
- A Lack of Policy Coherence (conflicting priorities and low agency stature);
- Poor Customer Service (inexcusable delays, lost files, inappropriate treatment);
- Unequal Priority and Attention to Service and Enforcement (enforcement is still the path to the top and receives the vast majority of appropriated funds);
- Mission Overload (in volume and complexity, combined with rapid agency growth and Justice Department and Congressional micromanagement); and
- Grossly Inadequate Accountability.
Proposals for reform should be judged against the standards of much improved: (a) effectiveness b) streamlined management and strong leadership and (c) a stronger ethos of accountability. Specifically, the report recommended that:
- The U.S. government's immigration function be organized in a manner and at a level commensurate with its importance;
- The government must improve the timeliness, fairness, and efficiency with which it delivers services to immigrants and to the many U.S. citizens involved in the immigration process;
- The service and enforcement sides of the immigration system-though residing in a single agency-should be totally separated along the full continuum of each function.
The report's primary proposal was a new independent agency, with possible Cabinet status, that would consolidate all migration and citizenship functions from across the government, such as visa and passport issuance, refugee resettlement, detention, and labor certification. Such an agency also would separate the service and enforcement functions, allowing for greater clarity in priorities and accountability and creating two chains of command and career paths, while recognizing the strong links between the two, links that are even more compelling in the post-September 11 environment. The agency's head would be tasked with formulating comprehensive, coherent, and consistent immigration policies and would lead the Administration's negotiations with the Congress on all immigration-related matters. Three critical benefits include: 1) an integrated set of records across the continuum of a person's contact with the immigration system, from requesting a visa to accessing a benefit; 2) attraction of additional talented managers and analysts due to improved agency stature and increased opportunities for higher rated positions; and 3) improvement in service and enforcement via dedicated funding for each function.
Based on concerns about the readiness of the U.S. Congress and the Administration to take the immigration function as seriously as is required, the report proposed a secondary option-elevation of the immigration function within the Justice Department through creation of the Office of an Associate Attorney General for Immigration (AAGIA). The AAGIA, who would have a much more senior position than the current INS Commissioner, would chair a standing inter-agency group on migration issues, formulate immigration policy, and supervise all the Justice Department's immigration functions, including EOIR and OIL, and the separated service and enforcement divisions, each headed by an Assistant Attorney General. Being within the main Justice Department would permit upgrading of pay, benefits, and respect for immigration officers equivalent to those earned by officers in other Justice Department agencies, such as the FBI or DEA. Both proposals eliminated the regional and district offices, creating instead local Immigration Service Areas and Immigration Enforcement Sectors, as necessary.
To order the report, go to www.migrationpolicy.org/pubs/reorganizing.php.
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