Legal Definitions - Immigration and Naturalization Service (INS)

The Immigration and Naturalization Service (INS) was a former agency of the U.S. federal government responsible for managing immigration, naturalization, and border control processes. Established in 1933, the INS initially operated under the Department of Labor before moving to the Department of Justice in 1940. Its primary functions included regulating who could enter and reside in the United States, overseeing the process for non-citizens to become citizens (naturalization), and enforcing immigration laws, including border security.

In 2003, following the passage of the Homeland Security Act in 2002, the INS was dissolved. Its responsibilities were divided among three new agencies within the Department of Homeland Security:

• U.S. Citizenship and Immigration Services (USCIS), which now handles immigration benefits, such as processing visa petitions, green card applications, and naturalization requests.
• U.S. Immigration and Customs Enforcement (ICE), which focuses on enforcing immigration laws within the U.S. interior, including investigations and removals.
• U.S. Customs and Border Protection (CBP), which is responsible for securing U.S. borders and ports of entry, preventing illegal entry, and interdicting contraband.

Therefore, while the INS no longer exists, its former duties are now carried out by these successor agencies.

Here are some examples illustrating the types of situations the Immigration and Naturalization Service (INS) would have handled before its dissolution:

• Before 2003, a foreign national seeking to become a permanent resident of the United States would have submitted their application and supporting documents directly to the INS. The agency would have reviewed their eligibility, conducted interviews, and ultimately decided whether to grant them a "green card." Today, this process is managed by U.S. Citizenship and Immigration Services (USCIS).

• In the late 1990s, if an individual attempted to cross the U.S. border without authorization, they would have been apprehended by agents of the INS. These agents were responsible for patrolling the borders and enforcing immigration laws at points of entry. The INS would then have initiated proceedings to determine if the individual should be deported. Today, this border security and initial enforcement role falls under U.S. Customs and Border Protection (CBP), with subsequent interior enforcement handled by U.S. Immigration and Customs Enforcement (ICE).

• A long-term lawful permanent resident who met all eligibility requirements to become a U.S. citizen, such as residing in the country for a specific period, would have filed their naturalization application with the INS. The INS would have conducted background checks, administered the civics and English tests, and presided over the naturalization ceremony where the individual took the Oath of Allegiance. This function is now performed by U.S. Citizenship and Immigration Services (USCIS).