The Administration supports House passage of H.R. 3231, which
would reform and restructure the Immigration and Naturalization
Service (INS). However, as noted below, the Administration believes
the bill needs to be improved in certain important respects.
The Administration is actively pursuing fundamental reform of
the INS and H.R. 3231 shares the common goal of separating enforcement
and services to address competing priorities and problematic
chains of command. The Administration will continue to work
with the Congress to effectively address key Congressional and
Administration concerns with INS operations and at the same
time give the Attorney General and the Department of Justice
the flexibility to adjust to ever-changing needs and circumstances
with respect to the enforcement of immigration laws and the
provision of immigration services.
The Administration is concerned with provisions of the bill
that weaken the authority of the new Associate Attorney General
for Immigration Affairs position in comparison to the authority
of the existing INS Commissioner position. The Administration
is also concerned with provisions in the bill relating to
internal review of documents, qualifications for nominations,
and legislative recommendations that are inconsistent with
the President's constitutional authority to supervise the
unitary executive branch and with his authority under the
Appointments Clause and the Recommendations Clause of the
Constitution. The Administration will continue to work in
the legislative process to address these and other concerns.
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