Title 6Domestic SecurityRelease 119-73

§271 Establishment of Bureau of Citizenship and Immigration Services

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER IV— - BORDER, MARITIME, AND TRANSPORTATION SECURITY › Part Part E— - Citizenship and Immigration Services › § 271

Last updated Apr 6, 2026|Official source

Summary

Creates a Bureau of Citizenship and Immigration Services inside the Department. The Bureau will be run by a Director who must report to the Deputy Secretary, have at least 5 years of management experience, and be paid at the same level as the Assistant Secretary of the Bureau of Border Security. The Director must set and run policies for the functions moved to the Bureau, oversee their implementation, advise the Deputy Secretary about any policies that might affect the Bureau of Border Security (including conflicts), set national immigration services priorities, meet regularly with the Ombudsman in section 272 to fix serious service problems, and require a formal response to any recommendations in the Ombudsman’s annual report within 3 months after that report is sent to Congress. Within 1 year after the effective date in section 455, the Director must create a managerial rotation program so GS–14 and higher supervisors/managers get experience in all major Bureau functions and work in at least one field office and one service center. Within 2 years after that effective date, the Secretary must report to Congress on the program. The Director may run pilot projects (under section 1573(a) of title 8) to clear or prevent backlogs in processing immigration benefit applications, such as adding or moving staff and simplifying paperwork. The Bureau takes over from the Commissioner of Immigration and Naturalization the decision-making on immigrant visa petitions, naturalization petitions, asylum and refugee applications, service center decisions, and all other INS decisions as they existed right before the effective date in section 455, along with the people, offices, and money that supported those functions. The Bureau must also have a Chief of Policy and Strategy to make policy recommendations, do research, and coordinate with the Border Security policy chief; a principal legal advisor to give legal advice and represent the Bureau in visa petition appeals before the Executive Office for Immigration Review; a Budget Officer to create and run the budget, handle finances, and collect payments and fines; and a Chief of the Office of Citizenship to promote citizenship training and create educational materials for foreign-born people who want to become U.S. citizens.

Full Legal Text

Title 6, §271

Domestic Security — Source: USLM XML via OLRC

(a)(1)There shall be in the Department a bureau to be known as the “Bureau of Citizenship and Immigration Services”.
(2)The head of the Bureau of Citizenship and Immigration Services shall be the Director of the Bureau of Citizenship and Immigration Services, who—
(A)shall report directly to the Deputy Secretary;
(B)shall have a minimum of 5 years of management experience; and
(C)shall be paid at the same level as the Assistant Secretary of the Bureau of Border Security.
(3)The Director of the Bureau of Citizenship and Immigration Services—
(A)shall establish the policies for performing such functions as are transferred to the Director by this section or this chapter or otherwise vested in the Director by law;
(B)shall oversee the administration of such policies;
(C)shall advise the Deputy Secretary with respect to any policy or operation of the Bureau of Citizenship and Immigration Services that may affect the Bureau of Border Security of the Department, including potentially conflicting policies or operations;
(D)shall establish national immigration services policies and priorities;
(E)shall meet regularly with the Ombudsman described in section 272 of this title to correct serious service problems identified by the Ombudsman; and
(F)shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsman’s annual report to Congress within 3 months after its submission to Congress.
(4)(A)Not later than 1 year after the effective date specified in section 455,11 See References in Text note below. the Director of the Bureau of Citizenship and Immigration Services shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, as a GS–14 or above, shall—
(i)gain some experience in all the major functions performed by such bureau; and
(ii)work in at least one field office and one service center of such bureau.
(B)Not later than 2 years after the effective date specified in section 455,1 the Secretary shall submit a report to Congress on the implementation of such program.
(5)The Director of the Bureau of Citizenship and Immigration Services is authorized to implement innovative pilot initiatives to eliminate any remaining backlog in the processing of immigration benefit applications, and to prevent any backlog in the processing of such applications from recurring, in accordance with section 1573(a) of title 8. Such initiatives may include measures such as increasing personnel, transferring personnel to focus on areas with the largest potential for backlog, and streamlining paperwork.
(b)In accordance with subchapter XII (relating to transition provisions), there are transferred from the Commissioner of Immigration and Naturalization to the Director of the Bureau of Citizenship and Immigration Services the following functions, and all personnel, infrastructure, and funding provided to the Commissioner in support of such functions immediately before the effective date specified in section 455: 1
(1)Adjudications of immigrant visa petitions.
(2)Adjudications of naturalization petitions.
(3)Adjudications of asylum and refugee applications.
(4)Adjudications performed at service centers.
(5)All other adjudications performed by the Immigration and Naturalization Service immediately before the effective date specified in section 455.1
(c)(1)There shall be a position of Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services.
(2)In consultation with Bureau of Citizenship and Immigration Services personnel in field offices, the Chief of Policy and Strategy shall be responsible for—
(A)making policy recommendations and performing policy research and analysis on immigration services issues; and
(B)coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Border Security of the Department.
(d)(1)There shall be a principal legal advisor to the Director of the Bureau of Citizenship and Immigration Services.
(2)The legal advisor shall be responsible for—
(A)providing specialized legal advice, opinions, determinations, regulations, and any other assistance to the Director of the Bureau of Citizenship and Immigration Services with respect to legal matters affecting the Bureau of Citizenship and Immigration Services; and
(B)representing the Bureau of Citizenship and Immigration Services in visa petition appeal proceedings before the Executive Office for Immigration Review.
(e)(1)There shall be a Budget Officer for the Bureau of Citizenship and Immigration Services.
(2)(A)The Budget Officer shall be responsible for—
(i)formulating and executing the budget of the Bureau of Citizenship and Immigration Services;
(ii)financial management of the Bureau of Citizenship and Immigration Services; and
(iii)collecting all payments, fines, and other debts for the Bureau of Citizenship and Immigration Services.
(f)(1)There shall be a position of Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services.
(2)The Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services shall be responsible for promoting instruction and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the United States, including the development of educational materials.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(3)(A), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 101 of this title and Tables. For the

Effective Date

specified in section 455, referred to in subsecs. (a)(4) and (b), see

Effective Date

note below.

Amendments

2008—Subsec. (g). Pub. L. 110–382, §§ 2(a), 4, temporarily added subsec. (g) which established an Office of the FBI Liaison in the Department of Homeland Security, defined its functions, and authorized appropriations. See Termination Date of 2008 Amendment note below.

Statutory Notes and Related Subsidiaries

Change of Name

Bureau of Border Security, referred to in subsecs. (a)(2)(C), (3)(C), and (c)(2)(B), changed to Bureau of Immigration and Customs

Enforcement

by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title. Termination Date of 2008 Amendment Pub. L. 110–382, § 4, Oct. 9, 2008, 122 Stat. 4089, provided that: “This Act [amending this section and section 1439 of Title 8, Aliens and Nationality, and enacting provisions set out as notes under this section and section 1101 of Title 8] and the

Amendments

made by this Act are repealed on the date that is 5 years after the date of the enactment of this Act [Oct. 9, 2008].”

Effective Date

Pub. L. 107–296, title IV, § 455, Nov. 25, 2002, 116 Stat. 2200, provided that: “Notwithstanding section 4 [enacting provisions set out as a note under section 101 of this title], sections 451 through 456 [enacting this section and sections 272 to 275 of this title], and the

Amendments

made by such sections, shall take effect on the date on which the

Transfer of Functions

specified under section 441 [enacting section 251 of this title] takes effect.” [For date on which

Transfer of Functions

specified under section 441 takes effect, see section 251 of this title and Department of Homeland Security Reorganization Plan, Nov. 25, 2002, set out as a note under section 542 of this title.] Rulemaking Pub. L. 110–382, § 2(b), Oct. 9, 2008, 122 Stat. 4087, which required the Secretary of Homeland Security, in consultation with the Attorney General, to promulgate rules to carry out the amendment made by section 2(a) of Pub. L. 110–382 no later than 180 days after Oct. 9, 2008, was repealed by Pub. L. 110–382, § 4, Oct. 9, 2008, 122 Stat. 4089, effective 5 years after Oct. 9, 2008.

Reference

Citations & Metadata

Citation

6 U.S.C. § 271

Title 6Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73