Departments of the U.S. Government and What Their Roles Are In Immigration Procedures- High School

In the U.S. Government, there are three main departments that handle immigration procedures. These three departments are the Department of Homeland Security (DHS), the Department of State (DOS), and the Department of Justice (DOJ).

The DHS consists of 3 smaller sub-units: ICE, CBP, and USCIS. 

For some historical context, the DHS was established in 2002 after 9/11 for the purpose of centralizing national security. Today, however, its main purpose is overseeing the majority of domestic immigration operations through its three smaller agencies. 

1. Immigration and Customs Enforcement (ICE)

   • ICE handles domestic enforcement. ‘Domestic Enforcement’ includes identifying, detaining, and deporting people who violate U.S. immigration laws while inside the country. 

   • ICE also includes a Homeland Security Investigations division (HSI) that focuses on transnational crime, human trafficking, and smuggling.

2. Customs and Border Protection (CBP)

   • CBP is the federal law enforcement agency whose job is to manage the border. Its officers are stationed at the U.S. borders and U.S. Ports of Entry (POEs): international airports, seaports, and land crossings. 

3. U.S. Citizenship and Immigration Services (USCIS)

   • The USCIS processes applications for people seeking legal status in the U.S. This includes the distribution of immigration benefits like employment-based visas, family-sponsored Green Cards, temporary protected status, and naturalization. 

The DOS manages U.S. foreign policy, so its role in immigration procedures is practically entirely outside the U.S. borders.

• The DOS sets up U.S. Embassies and Consulates in various countries, potentially granting those who want to visit, work, or live in the U.S. with a visa.

  • To receive one of these visas, applicants must undergo an interview process and a background check for both non-immigrant (temporary) and immigrant (permanent) visas. 

It is important to note that a visa is merely a document that permits an individual to ‘knock on the door’ to the U.S. From there, it is up to the CBP to grant physical entrance into the U.S. 

The DOJ is the representative body of the federal government for legal procedures. Unlike the standard American criminal justice system (which is under the jurisdiction of the judicial branch), the immigration court system is an administrative court within the executive branch of the DOJ. 

• Executive Office for Immigration Review (EOIR)

  • If ICE detains an undocumented individual or CBP denies entry to someone claiming asylum, those individuals are placed into removal proceedings. EOIR operates the nation’s courts for these matters.

    • Immigration judges within the EOIR oversee these cases and after hearing from both sides, makes a decision on whether or not the individual has a valid defense for staying in the country. If not, then the judge will decide if the individual must be formally deported. The judge’s decision can be appealed at the Board of Immigration Appeals (BIA), which is also overseen by the DOJ.