DHS creation moves INS enforcement to new department EOIR remains in DOJ as independent adjudicator

The creation of the Department of Homeland Security under the Homeland Security Act of 2002 abolishes the INS and transfers its enforcement and services functions to the new DHS. EOIR remains within the Department of Justice as an independent adjudicatory body. The reorganization increases the structural separation between the prosecutor (DHS) and the judge (EOIR), though both remain executive-branch entities without Article III independence. Immigration courts continue to face surging caseloads and growing backlogs.