IMMIGRATION LAWYER - IMMIGRATION ATTORNEY- IMMIGRATION LAW FIRM


          
TITLE 8--ALIENS AND NATIONALITY
 



 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 100_STATEMENT OF ORGANIZATION--Table of Contents

 

Sec. 100.2  Organization and functions.



    (a) Office of the Commissioner. The Attorney General has delegated 

to the Commissioner, the principal officer of the Immigration and 

Naturalization Service, authority to administer and enforce the 

Immigration and Nationality Act and all other laws relating to 

immigration, naturalization, and nationality as prescribed and limited 

by 28 CFR 0.105.

    (1) Office of the General Counsel. Headed by the General Counsel, 

the office provides legal advice to the Commissioner, the Deputy 

Commissioner, and staff; prepares legislative reports; assists in 

litigation; prepares briefs and other legal memoranda when necessary; 

directs the activities of the regional counsel; oversees the 

professional activities of all Service attorneys assigned to field 

offices; and, makes recommendations on all personnel matters involving 

Service attorneys.

    (2) Office of Congressional Relations. Headed by the Director of 

Congressional Relations, the office is responsible for establishing and 

maintaining effective liaison with the Congress, Department of Justice, 

and other agencies on such matters as bills, mark-ups, hearings, and 

Congressional inquiries.

    (3) Office of Public Affairs. Headed by the Director of Public 

Affairs, the office is responsible for establishing and maintaining 

public affairs policy, serving as liaison with various constituent 

communities (intergovernmental, public, news organization, etc.) to 

communicate Service initiatives, such as naturalization and employer 

education, and producing public information products.

    (4) Office of Internal Audit. Headed by the Director of Internal 

Audit, the office promotes economy, efficiency, and effectiveness within 

the Service by managing the Service's systems for resolving alleged 

mismanagement and misconduct by Service employees; reviewing and 

evaluating the efficiency and effectiveness of Service operations and 

programs; collecting and analyzing data to identify patterns of 

deficiencies or other weaknesses warranting investigative or audit 

follow-up; making recommendations on disciplinary policies and 

procedures of the Service; overseeing Service systems to eliminate 

fraud, waste, and abuse in the workplace; and acting as the Service's 

liaison with outside audit/inspection agencies. These duties are 

executed in coordination with other components of the Service and other 

Department of Justice components.

    (b) Office of the Deputy Commissioner. Headed by the Deputy 

Commissioner, the office is authorized to exercise all



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power and authority of the Commissioner unless any such power or 

authority is required by law to be exercised by the Commissioner 

personally. The Deputy Commissioner advises and assists the Commissioner 

in formulating and implementing Service policies and programs, and 

provides supervision and direction to all organizational units of the 

Service. The Deputy Commissioner also performs such other duties as may 

be assigned from time-to-time by the Commissioner. In addition, the 

Deputy Commissioner supervises the four Executive Associate 

Commissioners for Programs, Field Operations, Policy and Planning, and 

Management.

    (c) Office of the Executive Associate Commissioner for Programs--(1) 

General. (i) Headed by the Executive Associate Commissioner for 

Programs, the office is responsible for policy development and review as 

well as integration of the Service's enforcement and examinations 

programs. This office has primary responsibility for the planning, 

oversight, and advancement of programs engaged in interpretation of the 

immigration and nationality laws and the development of regulations to 

assist in activities, including:

    (A) The granting of benefits and privileges to those qualified to 

receive them;

    (B) Withholding of benefits from those ineligible;

    (C) Control of the borders and prevention of illegal entry into the 

United States;

    (D) Detection, apprehension, detention, and removal of illegal 

aliens; and

    (E) Enforcement of employer sanctions and other provisions of 

immigration-related law.

    (ii) In addition to overseeing enforcement and examination policy 

matters, the Office of Programs is also responsible for immigration 

records. The Executive Associate Commissioner for Programs promulgates 

policy, provides direction and supervises the activities of the Offices 

of Enforcement and Examinations.

    (2) Office of Enforcement. Headed by the Associate Commissioner for 

Enforcement, the office is responsible for the planning, oversight, and 

advancement of enforcement programs engaged in interpretation of the 

immigration and nationality laws, and the development of Service 

policies to assist enforcement activities. The Associate Commissioner 

for Enforcement directly supervises the Headquarters:

    (i) Border Patrol Division;

    (ii) Investigations Division;

    (iii) Detention and Deportation Division;

    (iv) Intelligence Division; and

    (v) Asset Forfeiture Office.

    (3) Office of Examinations. Headed by the Associate Commissioner for 

Examinations, the office is responsible for the planning, oversight, and 

advancement of examinations programs engaged in interpretation of the 

immigration and nationality laws, and the development of Service 

policies to assist examinations activities. The Office of Examinations 

is also responsible for all district and service center records and all 

records operations, except records policy. The Associate Commissioner 

for Examinations directly supervises the Headquarters:

    (i) Adjudications and Nationality Division;

    (ii) Inspections Division;

    (iii) Service Center Operations Division;

    (iv) Records Division; and

    (v) Administrative Appeals Office.

    (d) Office of the Executive Associate Commissioner for Field 

Operations--(1) General. (i) Headed by the Executive Associate 

Commissioner for Field Operations, the office is responsible for 

implementing policies related to the Service's field operations. This 

office has primary responsibility for oversight and coordination of all 

field operations relating to the administration of immigration law, 

including:

    (A) The granting of benefits and privileges to those qualified to 

receive them;

    (B) Withholding of benefits from those ineligible;

    (C) Control of the borders and prevention of illegal entry into the 

United States;

    (D) Detection, apprehension, detention, and removal of illegal 

aliens;

    (E) Enforcement of employer sanctions and other provisions of 

immigration-related law; and



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    (F) Refugee processing, adjudication of relative applications/

petitions filed by citizens and legal permanent residents, and overseas 

deterrence of alien smuggling and fraud activities.

    (ii) The Executive Associate Commissioner for Field Operations 

provides direction to, and supervision of, the three Regional Directors 

(Eastern, Central, and Western), and the Director, International 

Affairs.

    (2) Offices of the Regional Directors. (i) General. Headed by 

regional directors, these offices are responsible for directing all 

aspects of the Service's field operations within their assigned 

geographic areas of activity. The regional directors provide general 

guidance and supervision to:

    (A) Service districts within their regions; and

    (B) Border Patrol sectors within their regions.

    (ii) Service districts. Headed by district directors, who may be 

assisted by deputy district directors, these offices are responsible for 

the administration and enforcement of the Act and all other laws 

relating to immigration and naturalization within their assigned 

geographic areas of activity, unless any such power and authority is 

either required to be exercised by higher authority or has been 

exclusively delegated to another immigration official or class of 

immigration officer. District directors are subject to the general 

supervision and direction of their respective regional director, except 

that district directors outside of the United States are subject to the 

general supervision and direction of the Director for International 

Affairs.

    (iii) Border Patrol Sectors. Headed by chief patrol agents who may 

be assisted by deputy chief patrol agents, these offices are responsible 

for the enforcement of the Act and all other laws relating to 

immigration and naturalization within their assigned geographic areas of 

activity, unless any such power and authority is required to be 

exercised by higher authority or has been exclusively delegated to 

another immigration official or class of immigration officer. Chief 

patrol agents are subject to the general supervision and direction of 

their respective regional director.

    (3) Office of International Affairs. Headed by a Director of 

International Affairs, the office is responsible for ensuring that the 

foreign affairs mission of the Service reflects a full partnership 

between the Service, the Executive Branch agencies, and the Congress, 

the administration of U.S. immigration law on foreign soil, and the U.S. 

domestic asylum program. The Director for International Affairs provides 

general guidance and supervision to:

    (i) Foreign districts;

    (ii) Asylum Division; and

    (iii) Refugee and Parole Division.

    (e) Office of the Executive Associate Commissioner for Policy and 

Planning. Headed by the Executive Associate Commissioner for Policy and 

Planning, the office is responsible for directing and coordinating 

Servicewide policy and planning activities, and conducting analysis of 

these as well as other issues which cross program lines or have national 

implications.

    (f) Office of the Executive Associate Commissioner for Management--

(1) General. Headed by the Executive Associate Commissioner for 

Management, the office is responsible for planning, developing, 

directing, coordinating, and reporting on Service management programs 

and activities. The Executive Associate Commissioner for Management 

promulgates Servicewide administrative policies and coordinates all 

financial, human resource, administrative, and information resources 

management functions. The Executive Associate Commissioner for 

Management provides direction to, and supervision of, the:

    (i) Office of Security;

    (ii) Office of Equal Employment Opportunity;

    (iii) Office of Human Resources and Administration;

    (iv) Office of Finance;

    (v) Office of Information Resources Management;

    (vi) Office of Files and Forms Management; and

    (vii) Administrative Centers.

    (2) Office of Security. Headed by the Director of Security, the 

office is responsible for all security programs of the Service, 

including those related to personnel, physical, information and 

documents, automated data processing,



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telecommunications, and emergency preparedness planning.

    (3) Office of Equal Employment Opportunity. Headed by the Director 

of Equal Employment Opportunity, the office is responsible for 

developing, planning, directing, managing, and coordinating equal 

employment opportunity programs and evaluating programs relating to the 

civil rights of all employees and applicants to ensure compliance with 

the law. This office also coordinates the affirmative employment and 

discrimination complaints programs of the Service and those of the 

Department of Justice as they apply to the Service.

    (4) Office of Human Resources and Administration. Headed by the 

Associate Commissioner for Human Resources and Administration, the 

office is responsible for planning, developing, directing, managing, and 

coordinating the personnel, career development, contracting, facilities, 

and administrative support programs of the Service. The Associate 

Commissioner for Human Resources and Administration directly supervises 

the:

    (i) Human Resources and Development Division; and

    (ii) Administration Division.

    (5) Office of Finance. Headed by the Associate Commissioner for 

Finance, the office is responsible for planning, developing, directing, 

managing, coordinating, and reporting on, the budget, accounting, and 

resource management programs of the Service. The Associate Commissioner 

for Finance directly supervises the:

    (i) Budget Division; and

    (ii) Financial Management Division.

    (6) Office of Information Resources Management. Headed by the 

Associate Commissioner for Information Resources Management, the office 

is responsible for planning, developing, directing, managing, 

coordinating, and reporting on Service information management programs 

and activities including automated data processing, telecommunications, 

and radio communications. The Associate Commissioner for Information 

Resources Management directly supervises the:

    (i) Data Systems Division; and

    (ii) Systems Integration Division.

    (7) Office of Files and Forms Management. Headed by the Director of 

Files and Forms Management, the office is responsible for the 

administration of records policy, and correspondence files. The Director 

of Files and Forms Management directly supervises the:

    (i) National Records Center;

    (ii) National Forms Center;

    (iii) Systematic Alien Verification Entitlement (SAVE) Program; and

    (iv) Centralized Freedom of Information Act and Privacy Act (FOIA/

PA) program.

    (8) Office of the Administrative Center. Headed by directors, these 

offices are responsible for administrative servicing, monitoring, and 

liaison functions within their respective geographic boundaries. The 

directors direct and supervise regional staff who administer human 

resources, administrative, information systems, security, and financial 

functions.



[59 FR 60068, Nov. 22, 1994]