I&A should reduce or eliminate its efforts to provide strategic intelligence on counterterrorism trends that are well covered by other departments and agencies. 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. In part because of the disparate nature of DHS authorizing and appropriating entities, Congress has never passed an authorization bill for the department. As DHS approaches its 20-year mark, the United States has an opportunity to redefine the departments value proposition for the future and to better align DHSs structure and activities with its mission. I&A reportedly compiled dossiers on journalists covering the 2020 protests in Oregon, under a theory of expanded intelligence activities that DHS lawyers argued were necessary to mitigate the significant threat to homeland security that such activites posed.21 DHS has also ramped up the collection and retention of expanded categories of records during customs and immigration processing, including the collection of data on U.S. persons. DHS Assistant Secretary of Operations - Dulce Quintero. An expanded DHS role might focus on planned disaster response and preparedness as expectations for climate-related disasters increase. At the same time, there is a clear need for strengthened protections and safeguards for civil liberties and privacy to prevent abusessuch as those DHS has committed in the pastwhereby religious, racial, ethnic, and migrant communities are disproportionately affected or targeted by such threat-sharing. endstream endobj 697 0 obj <>/Metadata 35 0 R/OCProperties<>/OCGs[702 0 R]>>/PageLabels 692 0 R/PageLayout/OneColumn/Pages 694 0 R/PieceInfo<>>>/StructTreeRoot 49 0 R/Type/Catalog>> endobj 698 0 obj <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 699 0 obj <>stream CBP and the TSA are primarily focused on enabling the safe and secure movement of goods and people and have narrow law enforcement roles that enable these primary missions. Some of these include protecting critical infrastructure, including electricity and election security; administering citizenship and immigration services; and countering terrorism. Even the Secret Service, which focuses largely on protecting elected leaders, plays an important role in ensuring public safety at National Special Security Events, playing a safety and services role that is critical to working with local communities across the nation on events of critical or high-visibility importance.78, In contrast, components such as the FPS and ICE are examples of DHS components that are primarily focused on enforcing federal laws and should not remain in a reimagined DHS. The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. Mr. Price has more than two decades of federal law enforcement experience. Border Security Operational and Support Components Leadership }. Some believe that long-standing foundational problems have inhibited DHSs effectiveness as its missions and focus have expanded and morphed. endstream endobj 700 0 obj <>stream In the absence of a clear and well-defined mission, DHS has too often tried to make itself a utility player on every issue, arguing that it has authorities and capabilities that others lack. hVN0/K Chief Financial Officer - Robert Brock. var subscribe = document.getElementById('enSubscribeFooter'); =#|pl&m">+s\e4*O^N\.2%u%jkhJ{KZ":9-b@>o@XT!Ke?. Operational and Support Components A list of all Operational and Support Components that make up DHS. An organizational structure is the allocation of authority and responsibility within a company. DHSs development of programs that facilitate customer interactionssuch as TSA Precheck and Global Entry, which facilitate quicker screening at airports for U.S. domestic and international flightsare innovations that provide better services and security.64 The department must also clearly delimit its own power over travelers, visitors, and residents by prohibiting implementation of past problematic programs such as the NSEERS and Secure Communities.65, To put America on the strongest foundation, DHS should emphasize its unique role in welcoming the people who visit, immigrate to, or seek refuge in the United States. The departments threat-oriented roles will, of course, remain, but this new framework will help DHS realign its focus and priorities on those areas where it can be maximally effective and provide value to the American people and those who live, study, work, travel, and seek safety here. Sign Up Chief Accountability Officer, Gary Kramer. Had these functions been merged under the BOP when the Obama administration announced that it would end the use of private prisons in DOJ facilities,81 it would have likely meant a similar end to some of the most problematic facilities in the immigration context as well.82. The original legislation that created DHS tasked the new agency with seven primary missions, almost all of which relate to counterterrorism: The original administration proposal in June 2002 to create DHS proposed a clear and efficient organizational structure with four divisions: border and transportation security; emergency and preparedness response; chemical, biological, radiological, and nuclear countermeasures; and information analysis and infrastructure protection.16 By the time it came into existence, however, the original agencies and different components of the federal government brought together under the DHS umbrella represented a much broader range of activities.17. Going forward, DHS has an opportunity to focus its attention in areas where it is the natural leader, where it is not duplicating efforts, and where it does not face bureaucratic headwinds so that it can devote attention to solving problems at the heart of Americas safety and security needs. Welcome Patrol: how some border agents are struggling with Bidens policy shift, Reuters, May 14, 2021, available at, Most policymakers would likely be surprised to find out that the Border Patrol considers itself primarily in the business of preventing the entry of terrorist and terrorist weapons from entering the United States between official ports of entry, whereas the Office of Field Operations, in its own estimation, has a more balanced mission, responsible for border securityincluding anti-terrorism, immigration, anti-smuggling, trade compliance, and agriculture protectionwhile simultaneously facilitating the lawful trade and travel at U.S. ports of entry that is critical to our Nations economy. See U.S. Customs and Border Protection, Executive Assistant Commissioners Offices, available at, Ron Nixon, Department Commandant Lays Out Coast Guards Successes and Challenges,, For example, the ACLU has documented CBPs interpretation of its authority to operate within 100 miles of any external boundary as key to documented abuses: In practice, Border Patrol agents routinely ignore or misunderstand the limits of their legal authority in the course of individual stops, resulting in violations of the constitutional rights of innocent people. See ACLU, The Constitution in the 100-Mile Border Zone, available at, Andrew Crespo, Unpacking DHSs Troubling Explanation of the Portland Van Video, Lawfare, July 25, 2020, available at, Office of Inspector General, DHS Lacks Oversight of Component Use of Force (Redacted) (Washington: U.S. Department of Homeland Security, 2017), available at, Congressional Research Service, National Special Security Events: Fact Sheet (Washington: 2021), available at, U.S. Immigration and Customs Enforcement, ICEs Mission, available at, See, for example, Peter L. Markowitz, A New Paradigm for Humane and Effective Immigration Enforcement (Washington: Center for American Progress, 2020), available at, Matt Zapotosky and Chico Harlan, Justice Department says it will end use of private prisons,. Both FPS and ICE perform primarily law enforcement functions that do not enable other safety and services functions within DHS to operate. This initiative would be part of efforts to develop a pipeline of leaders, encourage creativity and innovation, and drive a cultural shift within the department toward its new service-oriented framework. Todays digital environment means that our critical infrastructure is more connected and more dependent on functioning cybersecurity than ever. In cases where special expertise is required, DHS can serve as an emergency response quarterback, identifying resources and making them available to the departments and agencies that need them. A well-managed border will be safe and secure while also efficiently offering different services needed to travel, trade, or seek asylum in the United States. 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. Without such a mechanism, America lacks critical information on threats that could be mitigated, and the government is unable to enlist the capacity of American businesses and the American people in its threat response. The dominating focus on counterterrorism comes at the expense of other activities that DHS is uniquely positioned to execute among federal agencies such as providing efficient, safe, and respectful immigration services; facilitating international trade and travel; serving as the nations risk adviser for critical infrastructure; and proactively responding to disasters that do not fall within the missions of other parts of the federal bureaucracy. DHS also suffers from low employee morale and poor satisfaction among its workforce: It ranked dead last among U.S. federal agencies in the most recent survey conducted by the Partnership for Public Service and has consistently been at the bottom of the list since 2010.44 While there are many reasons for low employee morale at DHS, the workforce culture is especially toxic within certain agencies that have overly politicized activities.45 ICE and the Border Patrol under the Trump administration, for example, focused on maximizing arrests and deportations with few limits on the targets for enforcement actions or the methods they would employthe clearest example being the Trump administrations cruel family separation policy.46 Personnel asked to pursue these political objectivesmost of whom are career public servantshave been required to perform deeply unpopular enforcement tasks that have not advanced sensible law enforcement or public safety priorities and have subjected them to sharp public criticism. Instead, DHS should strategically recalibrate its priorities around a safety and services model rather than a threat-oriented modelwhich, in its current incarnation, is primarily concerned with counterterrorism and immigration enforcement, with communities of color, immigrants, and refugees treated as threats. Their combined mission would include traditional security components; facilitating the movement of goods and people to grow binational economies; upholding U.S. domestic and international protection obligations; and promoting quality of life for all people living in and migrating to and between border communities.73, The way the current Coast Guard balances its enforcement and service mission is commendable and could serve as a guide to recalibrating border management. And there is no other department with the mandate and track record of playing a bridging role between state, local, tribal, and territorial officials and the federal government. There is no other department with DHSs range of flexible authorities and unique capacity to respond to these issues and others that fall between the gaps of responsibilities of other federal departments and agencies. It also identifies opportunities to reform the factors that hinder DHS from being maximally effective in providing value to the nation. As part of reform efforts in 2006 after DHSs failed response to Hurricane Katrina, the Office of Intelligence and Analysis (I&A) was established as an intelligence entity within DHS that would inform department operations and connect it to other federal intelligence efforts. A change in policies alone will not achieve the goal of building a fair, humane, and workable immigration system. 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. } Whether leading the federal response or coordinating other federal players, local governments, and nongovernmental organizations, the United States needs an agency charged with emergency preparedness and response capabilities that serves as the lead coordinator of U.S. government emergency preparedness and response efforts on the wide range of emergencies that affect the country. When disaster strikes, FEMA is oftenthough not often enoughthe nations first responder. DHSs complicated web of roles and responsibilities also means that it plays a supporting role nearly everywhere but rarely leads. 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. The department can no longer fulfill its purpose by focusing disproportionately on international terrorism and immigration enforcement and must understand that enforcement-overdrive has damaged critical relationships with communities and their leaders all across the country.10. DHS could have played a larger role in responding to the severe winter storms that crippled the electrical grid in Texas in early 2021. A shift toward a more service-driven department that treats immigration as an asset to be managed rather than a crime to be enforced against would go a long way in building a rational border management apparatus that facilitates the secure, efficient movement of people and goods while also ensuring a humane approach toward refugees requesting protection under U.S. asylum laws. To maximize its value and effectiveness in today's environment, DHS should organizeand articulate its missionaround a balanced set of activities that prioritize safety and services roles more. A. Working to recruit and train CBP agents with the tools to excel at working with populations seeking protection will help create the foundations for a shift in cultural norms. The Department of Health Services has ten divisions and offices that work to protect and promote the health and safety of the people of Wisconsin, helping everyone live their best life. 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. Collections Infographics Keywords Intelligence Community Topics Homeland Security Enterprise Intelligence and Analysis With the premise that DHS should recalibrate toward a safety and services model, and that DHS should focus on the things that it is best capable of doing, this study distinguishes between two types of law enforcement functions: law enforcement functions that enable a safety and services model to operate and those for which law enforcement is the primary focus. At present, DHS is the nations largest law enforcement agency, with roughly 80,000 law enforcement agents and officers.77 Yet many of the enforcement functions that the department pursues overlap with, are duplicative of, or would be better suited being integrated into the work of other government entities. Citizenship and Immigration Services align our organizational structure to achieve the greatest efficiency and accomplish our mission. dataLayer.push({"event": "signup_submit", "form_detail":"enSubscribeSlideUp"}); This structure is often mapped out in an organizational chart, which visually represents how each position within the company relates to each other. HT]VBi#BPmd=3;gN3AMA:D(]H.Jp! Given these demands, DHS will be relied upon to bridge the gap between public and privately owned infrastructure and ensure that federal protection efforts can effectively extend to all sectors and are executed with strong civil liberties and privacy protections in place. Despite consensus among policymakers that the department could be far more effective,7 there is little agreement on how to fix it. The U.S. Department of Homeland Security (DHS) was created nearly 20 years ago in response to catastrophic terrorist attacks on the United States. !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 DHS is committed to protecting and promoting the health and safety of the people of Wisconsin, making sure everyone can live their best life. It should invest its unique capacity to analyze and contextualize threats to land, sea, and air borders and ports of entry and to deliver intelligence to state, local, tribal, and territorial partners. What Is an Organizational Structure? Critics offer competing ideas about the sources of DHSs challenges. Looking for U.S. government information and services? The combination of DHSs hasty founding, its expansive authorities, and its at once decentralized nature and yet lack of institutional independence from the executive branch has left the department susceptible to presidents using DHS and its expansive authorities for political purposes. Necessary safeguards would need to be put in place to ensure that what immigration detention remains does not become wrapped up in the overall criminal carceral system. This would require new interpretations on current legal constraints in this area, 62 close collaboration with civil society groups to ensure communications do not violate civil rights and liberties or unfairly target vulnerable communities, as well as a more amplified role for the officer of civil rights and civil liberties. The following are the three main steps of organizational change: 1.. A more ambitious approach would involve making the protection of personal information and privacy a core DHS mission, assigning DHS the lead federal agency for protecting the privacy of U.S. persons information. Rob Ries is the Health and Human Services Commission's deputy executive commissioner of Compliance and Quality Control. These. Katrina Mulligan is the acting vice president for National Security and International Policy at the Center. Silva Mathema is the acting director of Immigration Policy at the Center. This fractured structure makes it nearly impossible for DHS headquarters leaders to manage the department effectively or efficiently.36 CAP has joined the Atlantic Council and the CNAS in calling for consolidated oversight of DHS.37 In addition, six former secretaries and acting secretaries of homeland security recently signed a letter to congressional leadership calling for the House and Senate to consolidate congressional oversight of DHS in a single authorizing committeeas is done for other departments such as the Department of Defense.38 A more streamlined structure under one authorizing and one appropriating committeesuch as that governing the Pentagon post-Goldwater-Nichols reform, where oversight was centralized under the Armed Services committeeswould allow lawmakers to more effectively oversee the broad range of the departments activities and ensure they are properly balanced against the agencys overall priorities.39 The recent memorandum of understanding announced by Speaker of the House Nancy Pelosi is a welcome step toward improving oversight coordination among the various committees that have jurisdiction over DHS, but more work is needed to centralize authority under the Committee on Homeland Security in the House and the Committee on Homeland Security and Governmental Affairs in the Senate.40. An expanded role for DHS in managing information sharing and public disclosures of intelligence between federal entities and their local counterparts would be a valuable public service and enhance DHSs role as a communicator. 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. DHS should continue to facilitate lawful international trade and travel, ensure that U.S. transportation services are safe, and maintain U.S waterways and maritime resources. During the Trump administration, however, the focus of DHS shifted squarely toward heavy-handed enforcement designed to terminate access to the country for asylum-seekers.48 The Biden administration has taken a different approach to border management and is beginning to reverse policies and repair the damage made to the immigration and asylum systems during the Trump administration.49 However, many challenges persist and demonstrate the need for a reorientation of cultural norms at DHS. About. By investing in its role to connect with federal, state, and local partners and with the private sector and civil society, DHS can add unique value to the nation, managing risk while also ensuring economic prosperity and upholding American values. But there is no agency that currently leads the federal governments efforts at the national level to share information, advocate for greater government transparency, or develop new communications capacities that add value to the American people. 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