A list of senior leaders at the Department. 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. Public debate over the future of DHS has fallen into two predictable camps: One side calls for the department, or parts of it, to be dismantled,2 while the other side argues that the solution to DHSs shortcomings is to hand it even more resources and responsibility.3 Neither is the right choice. 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. But meaningful change will also require headquarters-level prioritization and the establishment of new internal incentives to drive CBPs cultural evolution. Rob Ries is the Health and Human Services Commission's deputy executive commissioner of Compliance and Quality Control. What America needs from DHS today, however, is different from when it was founded. What does DHS need to do, and what is better left to, or better done by, other departments and agencies? It has also faced ongoing challenges with employee morale and developing a united organizational culture across its operational elements, each of which brought its separate history to DHS. DHS already plays a pivotal role in connecting nonfederal officials with their counterparts in the federal system and serves as the primary connection between state, local, tribal, and territorial officials and the federal government and its resources, as well as between the private and public sectors, including civil society organizations. 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. ICE is charged with enforcing immigration laws and investigating the illegal movement of people and goods. subscribe.submit(); In each of the cases outlined below, there is another federal agency or office charged with a similar or identical mission that is better equipped to fulfill it or the current tasks do not fit todays needs. 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. 8719, the DHS Reform Act of 2020, in response to perceived abuses of DHSs authorities during the Trump administration.19 Congress never passed either bill, however, and congressional oversight remains divided and largely ineffective at setting overall priorities for the department. In part because of the disparate nature of DHS authorizing and appropriating entities, Congress has never passed an authorization bill for the department. 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. DHS should take a broader view of what it means to keep the nation secure and adapt its mission and activities accordingly. I&A should reduce or eliminate its efforts to provide strategic intelligence on counterterrorism trends that are well covered by other departments and agencies. DHS officials should conduct a human capital needs assessment, properly screen individuals with ties to extremist groups, and ensure department personnel receive adequate training before they are sent into the field. Department leadership should work to clearly set limits on enforcement activities and constrain them appropriately to ensure past mistakes and abuses are not repeated and work with Congress to codify these restrictions. 701 0 obj <>/Filter/FlateDecode/ID[<5EEF0153778AD54CAE0095CB4026917C>]/Index[696 19]/Info 695 0 R/Length 49/Prev 83899/Root 697 0 R/Size 715/Type/XRef/W[1 2 1]>>stream 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. Who we are The Minnesota Department of Human Services is an organization of individuals with a commitment to bettering the lives of Minnesotans. Next, the report reimagines what it means to keep America secure in todays world and provides a new framework for rebalancing the departments focus toward new and emerging needs. Border Security 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. Paul C. Light, The true size of government is nearing a record high, Brookings Institution, October 7, 2020, available at, Joshua Breisblatt, Spike in Corruption Followed Last Hiring Surge at CBP and ICE, Immigration Impact, April 25, 2017, available at, Cybersecurity and Infrastructure Security Agency, About CISA., To ensure the government does not inappropriately influence U.S. public opinion and discourse, Congress needs to strengthen its oversight and laws outlawing domestic government propaganda (currently articulated under the Smith-Mundt Modernization Act of 2012). Katrina Mulligan is the acting vice president for National Security and International Policy at the Center. A full list of supporters is available, Taking Migration Seriously: Real Solutions to Complex Challenges at the Border, 3 Things to Know Now that President Biden Has Canceled At Least $10,000 in Student Debt, Rising Anti-China Sentiment in South Korea Offers Opportunities To Strengthen US-ROK Relations, Why the United States Must Stay the Course on Ukraine, Paid Leave Policies Must Include Chosen Family, The Killing of Tyre Nichols Must Serve as a Catalyst to Root Out Racial Injustice in Policing, 5 Ways Governors and Mayors Can Leverage Federal Investments. This will also help reduce DHSs involvement in activities better left to other federal agencies that have more appropriate authorities, experience, and workforces, while ensuring that Americas security needs continue to be addressed by the federal government. Operational and Support Components To bring its law enforcement and service provision roles into similar balance, CBP must understand and embrace its important role in providing service to asylum-seekers at the border. %%EOF !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 Mr. Price has more than two decades of federal law enforcement experience. DHS is committed to protecting and promoting the health and safety of the people of Wisconsin, making sure everyone can live their best life. ICE, which views itself as essential law enforcement partners,79 enforces immigration laws and combats transnational crime, a mission that overlaps with that of the DOJ. By fully realizing the role envisioned for the secretary of DHS in Homeland Security Presidential Directive 5enhancing the ability of the United States to manage domestic incidents by establishing a single comprehensive national incident management system68as the principal federal official for domestic incident management, DHS can serve as a force multiplier for the rest of the federal government and use its institutional memory to improve Americas resilience to anything that humankind or nature throws its way. Om//~0V#j&I."R!,rP_fnme0KE(BG The recent SolarWinds hack affected an estimated 18,000 government and private computers at the departments of Justice, State, Treasury, Energy, and Commercean alarming national security attack perpetrated by the Russian government.50 One of the notable successes from the Trump administrations DHS was that the Cybersecurity and Infrastructure Security Agency (CISA) carved out a clear and useful role for itself as the Nations risk advisor, working with partners to defend against todays threats and collaborating to build more secure and resilient infrastructure for the future.51 There is a clear need for further developing the U.S. response by expanding the indicators and mechanisms for sharing cyberthreat information. Public debate is split between those who call for the department, or parts of it, to be dismantled8 and those who argue that DHS needs more resources and responsibility.9Both approaches miss the point. 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. About. Close collaboration with civil society groups will be key to ensuring these rights are respected. FEMA recently covered DHS logos on vehicles used for vaccine distribution after concerns that the urban community it was targeting would refuse services from the department.69. Observers across the political spectrum have argued that, in the rush to stand up a new department, disparate components of the federal bureaucracy were shoe-horned into DHS, with mixed results.6 Todays DHS claims a role in most national security issuesand a number of issues that fall outside of national securitybut there are few areas where DHS leads the governments response and even fewer where it does so well and without controversy. Sarnata Reynolds, Caroline Medina, Molly Weston Williamson, Rachael Eisenberg, Brandon Tucker, Hadi Sedigh. DHS is best positioned among the federal bureaucracy to cross the private-public divide at the state and local level to help municipalities mitigate anticipated climate effects. This structure is often mapped out in an organizational chart, which visually represents how each position within the company relates to each other. This helping mission would also naturally fit with DHSs existing role as a connector between federal resources and state and local authorities, which must work closely together during disaster management response and relief efforts. Including disaster relief, DHSs budget was more than $88 billion last fiscal yeartriple its size 20 years ago and almost triple the DOJs annual budget of $32.4 billion last year.14. Going forward, DHS has an opportunity to focus its attention in areas where it is the natural leader, where it is not duplicating efforts, and where it does not face bureaucratic headwinds so that it can devote attention to solving problems at the heart of Americas safety and security needs. DHS should prioritize service and partnerships, connecting people in the United States to federal services and providing value to the American people and those who live, study, work, travel, or seek safety here. (November 25, 2002), available at, Executive Office of the President, The Department of Homeland Security (Washington: 2002), available at, U.S. Department of Homeland Security, Who Joined DHS, available at, Committee on Homeland Security, House Passes Landmark Department of Homeland Security Authorization, Press release, July 20, 2017, available at, Committee on Homeland Security, H.R. Budget - Tiffany Blair, Director. Choosing to focus DHSs prevention efforts where it can make unique contributions does not compromise U.S. security but rather helps ensure that the federal response is well coordinated and not duplicative. )M&bmVAi[-yH]R$[T >sp6Ih9}gOEj@0!C~oB?gc&q c)m1sm4`8RD? 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. 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. Advancing Racial Equity and Justice, Building an Economy for All, Restoring Social Trust in Democracy, Biden Administration, Foreign Policy, Immigration, National Security+4More. It would also provide a framework through which officials could then turn to reforming the structure of DHS, to determine which elements of the agency need to stay within DHS and which may better fit within other parts of the bureaucracy. The current administration should evaluate how much of this realignment can be done within existing statutory functions and what requires congressional assistance and legislation. After looking at each homeland security organizational structure, a number of recommendations were made that could benefit each entity. Another challenge that has affected DHS from the outsetand grew increasingly problematic during the Trump administrationis that it was given broad and at times unclear legal authorities that it has used in ways that have harmed the public it is supposed to serve. 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. As is apparent from a quick glance at a DHS organizational chart, the department is involved in a broad range of activities and coordinates a massive workforce of more than 240,000 federal employees.55 In the 20 years since it was founded, DHSs broad authorities and short attention span have led to mission creep,56 with DHS assuming new missions and creating new programs that are untethered to any overarching strategic goal. Because it is not the originator of most of the threat information it obtains, it has a limited ability to unilaterally disclose that information to the public, even when it may desire to do so. Operational and Support Components Leadership Factors such as devastating hurricanes and droughts due to climate change, political unrest, and gang violence, especially in Central American countries, have translated to a high number of migrants, including large numbers of families and unaccompanied children, seeking asylum in the United States.47 Over the past several decades, every administration has struggled to manage this flow, and Congress failure to create a workable legal immigration system has turned asylum into the only viable avenue. In too many instances, DHS has pursued policies absent an articulated legal foundation, with disastrous results, including: DHS personnel acting as domestic law enforcement in response to peaceful protests in Portland, Oregon; ICE arresting a survivor of domestic abuse seeking a protective order in a courthouse; and the U.S. Border Patrol stopping a 10-year-old girl in an ambulance on her way to emergency surgery.33 Others, including the American Civil Liberties Union (ACLU), have documented serious abuses and overreach by DHS officials, particularly at U.S. borders and in immigration enforcement operations.34 It is difficult to overstate the harm that the Border Patrol and ICE have caused to relationships with communities and local officials across the country.35, About 90 committees and subcommittees have jurisdiction over DHSs planning, policies, and budgetseach focused on a small piece of the department rather than the entire homeland security operational matrix. Sign Up 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. Recognizing that screening remains a key safety component, a better-managed system would increase the capacity of DHS to process and screen applicants for family, employment, and visitor visas; to reduce processing time and delays; and to provide more reliable and dignified services. For more information about the offices and agencies that make up DHS, or to find out about the Department's leadership, click on the links below. 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. Collections Infographics Keywords Intelligence Community Topics Homeland Security Enterprise Intelligence and Analysis Chief Information Officer - Steve Buche. 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. Pandemics can uproot daily life and economic security when border-screening measures fail to halt early transmission. At the same time, DHS must do a better job of ensuring that its programs are not discriminatory and including serious guardrails for civil liberties to prevent bias-based activities, such as its past targeting of Muslims and other communities of color. The Minnesota Department of Human Services (DHS) helps provide essential services to Minnesota's most vulnerable residents. subscribe.submit(); Organizational structures describe what employees do, whom they report to, and how decisions are made across the business. 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. Establishing a clear, narrowly tailored intelligence mission for DHS would help ensure that DHSs intelligence activities are lawful and useful, are shaped to achieve congressionally authorized goals, and are not violating the rights ofor being used to unfairly targetmarginalized or at-risk populations. To better serve Americans safety and security needs, DHS leadership should articulate a new framework of department activities that increases the emphasis on connecting, communicating, facilitating, welcoming, and helping through a safety and services model and recalibrate its emphasis on protecting, securing, preventing, and enforcing. (LockA locked padlock) Title: U.S. Department of Homeland Security Organizational Chart Author: U.S. Department of Homeland Security Created Date: 4/11/2012 1:38:31 PM A limited law and immigration enforcement role would focus DHS enforcement activities only on areas where they assist the support and services model and where other federal agencies and bureaucracies do not have a leading role to play. For example, CBP could greatly benefit from specialized training of its Border Patrol agents to initiate a cultural change of its workforce and prepare them to handle asylum-seekers at the border humanely and fairly. 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. Rudy deLeon is a senior fellow with the National Security and International Policy team at the Center. 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. Ten regional offices that work directly with states, territories and tribes. Learn about our sister organization, the Center for American Progress Action Fund, an advocacy organization dedicated to improving the lives of all Americans. Philip E. Wolgin is the acting vice president of Immigration Policy at the Center. As DHS as a whole intensifies focus on safety and service, law enforcement efforts should occur within this context rather than as the primary mission. Experienced Military Veteran and Quality Assurance professional with a demonstrated history of working in government, hospital, acute health care settings, and private physician based . 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. `~d2*i)-zX The FPS protects federal facilities, their occupants, and visitors by providing law enforcement and protective security services. 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. 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. Recalibrating the DHS mission would empower the agency and its workforce to play a more effective role in the federal bureaucracy. In 2017 and with overwhelming bipartisan support, the House of Representatives passed H.R. As CAP has previously argued, Congress and the administration can do more to empower the current DHS Office for Civil Rights and Civil Liberties (CRCL). 714 0 obj <>stream Service orientation and safety need not be in tension; the Coast Guard provides a good model for how the two can be well balanced within a single organization. While the department still has an important role to play in preventing attacks against the United States from abroad, many of todays most serious risks to Americas safety and prosperityincluding natural disasters, pandemic disease, cyberattacks, and domestic extremism fueled by white supremacyoriginate at home or are borderless by nature. It is the way in which a company or organization is organized, including the types of relationships that exist between the directors . Finally, I&A should develop intelligence from those partners to share with the rest of the IC, within the appropriate guardrails of civil liberties and privacy protections against stereotypes and biased profiling. 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. An official website of the United States government. Finally, this report proposes near- and longer-term steps that the current administration could take to realize this vision and deliver better value for the American people. The authors further understand that merging the detention functionswhich are often civil rather than criminalwith the Bureau of Prisons could inadvertently add to the overcriminalization of immigration. It is critical to consider the following questions: What should be the primary focus of the department? Official websites use .gov Despite maintaining an intelligence records system and collecting, aggregating, and storing information on millions of individuals, including U.S. persons, HSI is not an intelligence agency.25 Yet it is collecting, analyzing, and storing information in ways that have previously been the exclusive domain of the IC. Since the creation of DHS, challenges related to the foundations of the department and its operations have inhibited its performance. In doing so, DHS can uniquely enlist the private sector and the American people in protecting the nation. This report also reflects the collective work of numerous researchers, analysts, and experts across the Center for American Progress. 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