(see p. 23). The governments current mechanisms for communicating threat information to the public and private sectors are inadequate. How has the departments mission changed since its creation? The Coast Guard provides perhaps the best example, balancing its search and rescue missions with its clear and tailored drug and migrant interdiction roles. DHS also wastes energy vying over bureaucratic turf when it could be solving problems. Going forward, DHS should prioritize service and partnerships, connecting people in the United States to federal services that reflect American values and are essential to Americas shared prosperity. USCIS United States Coast Guard (USCG) USCG is the only military organization within DHS and protects the maritime economy and the environment, defends our maritime borders, and saves those at risk. 0
Beyond the information the department collects and retains, DHS also has an important role to play in safeguarding the security of personal or private information from malicious cyberactors and foreign governments. See U.S. Agency for Global Media, Legislation: Facts About Smith-Mundt Modernization, available at, Cybersecurity and Infrastructure Security Agency, Statement from CISA Director Krebs Following Final Day of Voting, Press release, November 4, 2020, available at, AllOnGeorgia, TSA Touting Success: 10 Million Pre-Check Enrollees, March 9, 2020, available at, American Civil Liberties Union, National Security Entry-Exit Registration System; American Civil Liberties Union, Secure Communities (S-COMM); Aarti Kohli, Peter L. Markowitz, and Lisa Chavez, Secure Communities by the Numbers: An Analysis of Demographics and Due Process (Berkeley, CA: University of California, Berkeley Law School, 2011), available at, American Immigration Lawyers Association, Walled Off: How USCIS Has Closed Its Doors on Customers and Strayed from Its Statutory Customer Service Mission, February 12, 2021, available at, U.S. Customs and Border Protection, Trade, available at, U.S. Department of Homeland Security, Homeland Security Presidential Directive 5, available at, Lisa Fernandez, @ljfernandez, February 19, 2021, 3:45 p.m. Rudy deLeon is a senior fellow with the National Security and International Policy team at the Center. Since its founding, there has been persistent confusion about DHSs role as well as complaints about its structure, operations, and oversight. Meanwhile, the Homeland Security Investigations (HSI) office, housed within U.S. Immigration and Customs Enforcement (ICE), has ballooned to 7,100 agents in 225 cities nationwide and is now one of the largest federal investigative agencies within the U.S. government.24 HSI claims broad legal authority to investigate a wide range of domestic and international criminal activities arising from the illegal movement of people, goods, money, and contraband into and within the United States and has access to the information stored in the CIRS database. A recent report by DHSs Office of the Inspector General found that while DHS had the legal authority to deploy in Portland, not all officers were properly trained and used inconsistent uniforms, devices, and operational tactics.76 This history of violations and persistent doubts about DHSs capacity to carry out a humane enforcement mission demands a serious recalibration of DHS enforcement activities moving forward. ET, Twitter, available at, These sectors include the chemical sector; commercial facilities; communications; critical manufacturing; dams; defense industrial base; emergency services; energy; financial services; food and agriculture; government facilities; health care and public health; information technology; nuclear records; materials and waste; transportation systems; and water and wastewater systems. DHS should maintain its core objective of securely, efficiently, humanely managing our air, land, and maritime borders. Components such as the Coast Guard, the TSA, and CBP have narrow law enforcement roles that are directly tied to safety and security missions. DHS should play a leading role in responding to all emergencies that threaten the safety and security of Americans, even when the response will rely heavily upon expertise housed in other federal departmentssuch as the Department of Health and Human Services and Centers for Disease Control and Prevention (CDC) expertise that is critical to the pandemic responseor at the state level. endstream
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DHS must recognize that many serious challenges to Americas safety and security originate at home or are largely borderless by nature. DHS I&A has long focused diffusely, to the detriment of focusing more precisely where it can make unique contributions. For large organizations like the DHS, managing IT and finding ways for disparate systems to work together can be a complicated task; doing so while supporting government operations means that the stakes can be even higher and the consequences more widespread. Seizing the opportunity to reimagine what it means to keep America secure and recalibrate DHSs priorities accordingly would enable the department to refocus its efforts in areas where it can add unique value and ensure that the government fulfills its responsibility to guarantee the safety, security, and prosperity of all Americans and those who come to live, study, work, travel, and seek safety here. Future enforcement activities need to be balanced within broader department goals of safety and service and focused exclusively where DHS is the lead actor rather than in areas in which other federal agenciessuch as, for example, the DOJplay a leading role. A .gov website belongs to an official government organization in the United States. Katrina Mulligan and others, A National Policy Blueprint to End White Supremacist Violence (Washington: Center for American Progress and the McCain Institute, 2021), available at, U.S. Department of Homeland Security, Organizational Chart., See, for example, reporting in 2014 highlighted by Radley Balko, DHS: A wasteful, growing, fear-mongering beast,, Cybersecurity and Infrastructure Security Agency, Countering Foreign Influence Task Force, available at, Derek B. Johnson, With U.S. cyber policy, clear lanes still hard to come by, Federal Computer Week, November 25, 2019, available at, A Brookings study found that the number of full-time employees (including federal employees and contractors) at DHS increased by 25 percent between 2017 and 2020. That might mean proactively engaging with American businesses, alongside CBP, to inform efforts to improve the movement of goods and people across borders or refining immigration services so that processes dignify and welcome those who seek to invest their talents here. It recommends that DHS adopt a new safety and services model, outlined above, that increases its emphasis on connecting, communicating, facilitating, welcoming, and helping, while simultaneously recalibrating its focus on external threats by bringing its emphasis on protecting, securing, preventing, and enforcing into better balance with its other priorities. Department of Homeland Security Organizational Chart, available at, U.S. Department of Homeland Security, FY 2020 Budget in Brief (Washington: 2020), available at, Warrick and Durkovich, Future of DHS Project; Cordero, Reforming the Department of Homeland Security Through Enhanced Oversight & Accountability., Partnership for Public Service, Best Places to Work Agency Rankings (Washington: 2021), available at, Manny Fernandez and others, People Actively Hate Us: Inside the Border Patrols Morale Crisis,, Tal Kopan, Trumps executive orders dramatically expand power of immigration officers, CNN, January 28, 2017, available at, Paul J. Angelo, Why Central American Migrants Are Arriving at the U.S. Border (Washington: Council on Foreign Relations, 2021), available at, Anneliese Hermann, Asylum in the Trump Era: The Quiet Dismantling of National and International Norms (Washington: Center for American Progress, 2018), available at, Center for Migration Studies, President Bidens Executive Action on immigration, available at, Bill Whitaker, SolarWinds: How Russian Spies Hacked the Justice, State, Treasury, Energy, and Commerce Departments, CBS News, February 14, 2021, available at, Cybersecurity and Infrastructure Security Agency, About CISA, available at. CBP focuses on keeping terrorists and their weapons out of the United States while facilitating lawful travel and trade. Elisa Massimino, Silva Mathema, Katrina Mulligan, Alexandra Schmitt, Philip E. Wolgin. This study makes the case that DHS should be more active in the areas where it is the most effective player within the federal bureaucracy and less so where its efforts are duplicative of other agencies. The current administration should work with the new secretary to empower the secretarys office and staff to better manage, delegate, and oversee responsibilities across the bureaucracy. Atlantic Council, Former and Acting Secretaries of Homeland Security sign open letter on consolidating congressional jurisdiction over DHS., Goldwater-Nichols Department of Defense Reorganization Act of 1986, Public Law 433, 99th Congress, 2nd sess. Organizational Structure Click on any block to visit that program office's web page. A full list of supporters is available here. !f1!Belqe0-{eQ%!Fq\\O!CaOL9'tMf1lPEM>HsU ^4!ha.p5Gu+24r3eG~u!P A=hu3~>i8o5 B@bVBiKdY)VY;V!8a&6 e.b*T These dangers will require DHS to step up its efforts in areas that have not been its primary focus, prioritizing its missions differently than it has over the past two decades. Likewise, while CAP has long argued that the nation should move away from a system based on large-scale immigration detention and toward alternatives such as community supervision,80 for the limited immigration detention that would remain, it would be more effective to have this function merged with, for example, the Bureau of Prisons (BOP), also under the DOJ. Critical Infrastructure Sectors. Recalibrating the DHS mission would empower the agency and its workforce to play a more effective role in the federal bureaucracy. Recent examples include DHSs yearslong battle with the DOJ over which agency has the lead for transnational organized crime; tensions with the FBI and the IC over foreign influence and election interference roles and responsibilities;57 turf battles over cybersecurity jurisdiction between DHSs CISA and the National Security Agency;58 and persistent questions about the focus and utility of DHSs intelligence unit. dhs DHS . endstream
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Abolishing DHS and returning its components to where they came from is neither politically feasible nor wise, and giving DHS more resources and responsibility without substantive changes will do little to fix the departments underlying problems. Secretary Deputy Secretary Chief of Staff Immediate Office of the Secretary (IOS) Office of Intergovernmental and External Affairs (IEA) Office of the Secretary Office of the Assistant Secretary for Administration (ASA) In an era of increased movement of people and goods across borders, we need a DHS that prioritizes the rule of law, and one that protects all Americans as well as everyone who comes to live, study, work, travel, and seek safety here. And how can DHS provide value to the American people and those who visit or seek safety or opportunity here? The Intelligence Reform and Terrorism Prevention Act, enacted in December 2004, established the National Counterterrorism Center (NCTC) and the Office of the Director of National Intelligence to lead intelligence integration across the 17 components that make up the U.S. intelligence community (IC). These agenciesespecially CBP and ICEcenter their focus and activities around the law enforcement aspects of their functions. Close collaboration with civil society groups will be key to ensuring these rights are respected. The Biden administration should also work with Congress to significantly increase resources in future appropriations toward the secretarys front office to be more commensurate with the bureaucracys size and scope, ideally through reallocations within the existing budget. What does DHS need to do, and what is better left to, or better done by, other departments and agencies? It outlines the flow of information and the hierarchy of decision-making across roles and teams. These steps include clarifying the CRCLs statutory authority to ensure that it is involved in the policymaking process from the beginning, rather than being asked to respond or investigate once policy is already set; that its recommendations receive timely responses from the agency; and more.86 In addition, this study recommends a broader policy role for DHS in protecting personal information and privacy. HHS Organizational Charts Office of Secretary and Divisions Select an office to see its organizational chart. The following are the three main steps of organizational change: 1.. Based on this study, CAP makes the following recommendations and guidelines for the administration and Congress to transform DHS into the safety and services department CAP proposes. Even more so, the Border Patrol has a significant deficit of trust to make up in border communities, which in turn has led to morale issues within the rank and file and resistance to policy changes.72. This includes border management issues, where the focus should be more on facilitating safe and secure travel and commerce to ensure that businesses get the goods and workers they need, visitors are able to travel safely and efficiently, and families can be reunited more quickly. { document.getElementById('search-form').focus(); }, 300);">, https://www.govinfo.gov/content/pkg/CHRG-114hhrg99575/html/CHRG-114hhrg99575.htm, https://reason.com/2015/06/23/president-bush-was-right-before-he-was-w/, https://newrepublic.com/article/147099/dismantle-department-homeland-security, https://www.atlanticcouncil.org/wp-content/uploads/2020/08/Future-of-DHS-Key-Findings-and-Recommendations.pdf, https://www.cnn.com/2021/01/19/politics/mayorkas-opening-statement-excerpts/index.html, https://www.cato.org/sites/cato.org/files/pubs/pdf/PA683.pdf, https://www.brennancenter.org/our-work/analysis-opinion/department-homeland-security-needs-long-overdue-oversight, 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https://homeland.house.gov/imo/media/doc/DHS%20Reform%20Act%20Fact%20Sheet.pdf, https://www.dhs.gov/office-intelligence-and-analysis, https://www.lawfareblog.com/dhs-authorizes-domestic-surveillance-protect-statues-and-monuments, https://www.warner.senate.gov/public/index.cfm/pressreleases?ID=4D67F9BD-488B-4576-829E-E2781DDA91A0, https://www.washingtonpost.com/national-security/dhs-compiled-intelligence-reports-on-journalists-who-published-leaked-documents/2020/07/30/5be5ec9e-d25b-11ea-9038-af089b63ac21_story.html, https://www.federalregister.gov/documents/2017/09/18/2017-19365/privacy-act-of-1974-system-of-records, https://www.federalregister.gov/documents/2017/09/21/2017-19718/privacy-act-of-1974-dhscbp-024-intelligence-records-system-cirs-system-of-records, https://www.ice.gov/about-ice/homeland-security-investigations, https://www.archives.gov/federal-register/codification/executive-order/12333.html, https://www.everbridge.com/blog/what-is-the-all-hazards-approach/, https://www.aofs.org/wp-content/uploads/2010/12/department-accomplishments-and-reforms-2010.pdf, https://www.washingtonpost.com/podcasts/post-reports/trump-shifting-dhs-focus-from-counterterrorism-to-immigration/, https://www.theatlantic.com/technology/archive/2016/12/america-already-had-a-muslim-registry/511214/, https://www.aila.org/infonet/aila-letter-president-obama-rescinding-nseers, https://www.washingtonpost.com/politics/racial-profiling-will-still-be-allowed-at-airports-along-border-despite-new-policy/2014/12/05/a4cda2f2-7ccc-11e4-84d4-7c896b90abdc_story.html, https://www.theguardian.com/us-news/2017/feb/08/tsa-screening-racial-religious-profiling-aclu-study, https://www.aclu.org/issues/immigrants-rights/immigrants-rights-and-detention/national-security-entry-exit-registration, https://www.aclu.org/other/secure-communities-s-comm, https://www.cnas.org/publications/reports/reforming-the-department-of-homeland-security-through-enhanced-oversight-accountability, https://www.npr.org/sections/thetwo-way/2017/02/16/515685385/ice-detains-a-victim-of-domestic-abuse-at-texas-courthouse, https://www.npr.org/sections/thetwo-way/2017/10/26/560149316/10-year-old-girl-is-detained-by-ice-officers-after-emergency-surgery, https://www.aclu.org/issues/immigrants-rights/ice-and-border-patrol-abuses, https://www.buzzfeednews.com/article/ryancbrooks/el-paso-walmart-mass-shooting-survivor-deported, https://www.cbsnews.com/news/ice-raids-in-mississippi-officials-tout-largest-single-state-immigration-sweeps-in-us-history-today-2019-08-07/, https://www.aclumich.org/sites/default/files/field_documents/100_mile_zone_report-updated.pdf, https://thehill.com/opinion/national-security/527118-congressional-committee-power-erodes-homeland-security, https://www.atlanticcouncil.org/event/time-to-reform-congressional-oversight-of-the-dhs/, https://www.atlanticcouncil.org/news/press-releases/former-and-acting-secretaries-of-homeland-security-sign-open-letter-on-consolidating-congressional-jurisdiction-over-dhs/, https://www.lawfareblog.com/modernizing-department-homeland-security, https://www.dhs.gov/sites/default/files/publications/19_1205_dhs-organizational-chart.pdf, https://www.tsa.gov/sites/default/files/resources/tsaatglance_factsheet.pdf, https://www.dhs.gov/sites/default/files/publications/19_0318_MGMT_FY-2020-Budget-In-Brief.pdf, https://www.state.gov/wp-content/uploads/2020/02/FY-2021-CBJ-Final.pdf, https://www.state.gov/wp-content/uploads/2019/10/Org-Directory.pdf, https://bestplacestowork.org/rankings/overall/large, https://www.nytimes.com/2019/09/15/us/border-patrol-culture.html, https://www.wola.org/analysis/fixing-a-culture-protects-rewards-abuse-us-border-agencies/, https://www.cnn.com/2017/01/28/politics/donald-trump-immigration-detention-deportations-enforcement/index.html, https://www.pewresearch.org/fact-tank/2020/03/02/how-border-apprehensions-ice-arrests-and-deportations-have-changed-under-trump/, https://www.cfr.org/in-brief/why-central-american-migrants-are-arriving-us-border, https://americanprogress.org/issues/immigration/reports/2018/06/13/452025/asylum-trump-era/, https://cmsny.org/biden-immigration-executive-actions/, https://www.cbsnews.com/news/solarwinds-hack-russia-cyberattack-60-minutes-2021-02-14/, https://americanprogress.org/issues/security/reports/2021/04/21/498156/national-policy-blueprint-end-white-supremacist-violence/, https://www.washingtonpost.com/news/the-watch/wp/2014/05/07/dhs-a-wasteful-growing-fear-mongering-beast/, https://fcw.com/articles/2019/11/25/cyber-roles-johnson.aspx, https://www.brookings.edu/blog/fixgov/2020/10/07/the-true-size-of-government-is-nearing-a-record-high/, https://immigrationimpact.com/2017/04/25/spike-corruption-followed-last-hiring-surge-cbp-ice/#.XzPdkzUpA2x, 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https://www.oig.dhs.gov/sites/default/files/assets/2021-04/OIG-21-31-Mar21.pdf, https://www.oig.dhs.gov/sites/default/files/assets/2017/OIG-17-22-Jan17.pdf, https://fas.org/sgp/crs/homesec/R43522.pdf, https://americanprogress.org/issues/immigration/reports/2020/11/30/493173/new-paradigm-humane-effective-immigration-enforcement/, https://americanprogress.org/issues/immigration/reports/2019/07/22/472378/restoring-rule-law-fair-humane-workable-immigration-system/, https://americanprogress.org/issues/immigration/reports/2015/12/18/127769/how-for-profit-companies-are-driving-immigration-detention-policies/, https://americanprogress.org/issues/immigration/news/2018/06/28/452912/trumps-executive-order-rewards-private-prison-campaign-donors/, https://www.washingtonpost.com/news/post-nation/wp/2016/08/18/justice-department-says-it-will-end-use-of-private-prisons/, https://www.congress.gov/99/statute/STATUTE-100/STATUTE-100-Pg992.pdf, https://americanprogress.org/issues/immigration/reports/2019/04/02/467776/building-meaningful-civil-rights-liberties-oversight-u-s-department-homeland-security/, Preventing a terrorist attack within the United States, Reducing the United States vulnerability to terrorism, Minimizing the damage and assisting in the recovery from terrorist attacks that do occur within the United States, Carrying out all functions of entities transferred to the department, including responding to natural and human-made disasters, Ensuring that missions related to homeland security are fulfilled, Ensuring that such activities do not affect the overall economic security of the United States, Monitoring connections between illegal drug trafficking and terrorism, U.S. House of Representatives, Making DHS More Efficient: Industry Recommendations to Improve Homeland Security, September 18, 2015, available at, See, for example, Matt Meyer, Why We Should Eliminate the Department of Homeland Security, Reason, June 23, 2015, available at, For example, Thomas Warrick and Caitlin Durkovich, Future of DHS Project: Key Findings and Recommendations (Washington: Atlantic Council, 2020) available at, U.S. Department of Homeland Security, Mission, available at, CNN, Excerpts from Bidens DHS pick Alejandro Mayorkas opening statement, January 19, 2021, available at, David Rittgers, Abolish the Department of Homeland Security (Washington: Cato Institute, 2011), available at, U.S. House of Representatives, Making DHS More Efficient., See, for example, Meyer, Why We Should Eliminate the Department of Homeland Security; Ford, Dismantle the Department of Homeland Security., See, for example, Warrick and Durkovich, Future of DHS Project., Danyelle Solomon, Tom Jawetz, and Sanam Malik, The Negative Consequences of Entangling Local Policing and Immigration Enforcement (Washington: Center for American Progress, 2017), available at, U.S. Department of Homeland Security, Creation of the Department of Homeland Security, available at, Harold C. Relyea, Homeland Security: Department Organization and ManagementImplementation Phase (Washington: Congressional Research Service, 2005), available at, U.S. Department of Homeland Security, About DHS, available at, Congressional Research Service, Trends in the Timing and Size of DHS Appropriations: In Brief (Washington: 2019), available at, Homeland Security Act of 2002, Public Law 296, 107th Congress, 2nd sess. Some believe that long-standing foundational problems have inhibited DHSs effectiveness as its missions and focus have expanded and morphed. DHS could also develop better warning and prediction systems that enable a more proactive federal response and assistance presence. He began his career as a district adjudications officer before transitioning to deportation officer with the former U.S. Immigration and Naturalization Service (INS), and he was a member of one of ICE's first fugitive operations teams and an instructor at the ICE Academy. See the organizational chart for the Department of Homeland Security. The Office of the Secretary oversees DHSs work to enhance security, protect cyberspace, administer immigration and respond to disasters. Seizing the opportunity to bring DHSs purpose into focus and recalibrate the departments priorities could also result in a department that fills critical gaps in the current federal bureaucracy. Johan Hassel, Kate Donald, Laura Kilbury, 1 More At the national level, DHSs attention and political emphasis is out of balance with many of todays most serious threats. Establishing the protection of civil liberties and privacy as a core DHS mission would fill a critical gap in executive branch roles that is not currently being comprehensively addressed by other departments and agencies. Precisely where it can make unique contributions of Secretary and Divisions Select an office see... Public and private sectors are inadequate Massimino, Silva Mathema, Katrina Mulligan, Schmitt! 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