July 7, 2000

Letters to the Editor
Atlanta Journal-Constitution
72 Marietta Street, NW
Atlanta, GA 30303

To The Editor:

Your recent article on immigration was excellent (“Web of U.S. immigration red tape entangles millions,” July 1). It accurately pointed out many of the problems immigrants face in seeking to naturalize and become legal permanent residents. While the author faults the Immigration and Naturalization Service, he neglected to point out that Congress must take responsibility as well for the long delays, massive backlogs, and poor service that currently plague the INS.

Congress has forced on the INS unfunded, confusing and difficult mandates, and has created a funding mechanism that leaves the INS with insufficient money to process applications. While the INS enforcement function receives direct federal appropriations, the adjudication side is supported almost entirely by user fees. In recent years Congress has diverted a significant portion of the user fees to other functions. In addition, Congress has imposed a number of onerous mandates -such as mandating that INS take over fingerprinting applicants in one week and build an entire new computer system- without providing the funding needed to undertake those tasks.

Given these mandates and INS mismanagement, it should come as no surprise that we now have record backlogs in processing virtually every kind of INS petition and application.

There is a way to reshape the INS so that it functions efficiently and fairly: separate, but coordinate, the enforcement and adjudications branches; appoint a single person in charge of both agencies who has the clout and line authority to set and enforce national immigration policy; and adequately fund both the enforcement and adjudications sides of INS.

One bill before Congress, S. 1563, the INS reorganization measure introduced by Senators Spencer Abraham (R-MI) and Edward Kennedy (D-MA), would do all that. We urge support for this bill and opposition to the false reform measure introduced by Representatives Harold Rogers (R-KY), Lamar Smith (R-TX) and Silvestre Reyes (D-TX).

Sincerely,

Teri A. Simmons

Ms. Simmons, a partner in the Atlanta law firm of Arnall, Golden & Gregory, is the Atlanta Chapter Chair of the American Immigration Lawyers Association.                                         

38me0094