All subordinate Components must abide by the organizational structure outlined herein. Ten regional offices that work directly with states, territories and tribes. The authors understand that this would result in a further fractured immigration bureaucracy, with border enforcement staying within the department but enforcement moving out of DHS. (^9ghW:P ;mV]M[_i 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. 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. U.S. Department of Homeland Security, Homeland Threat Assessment (Washington: 2020), available at https://www.dhs.gov/sites/default/files/publications/2020_10_06_homeland-threat-assessment.pdf. The mission of the Office of Intelligence and Analysis (I&A) is to equip the Homeland Security Enterprise with the timely intelligence and information it needs to keep the homeland safe, secure, and resilient. Some of these include protecting critical infrastructure, including electricity and election security; administering citizenship and immigration services; and countering terrorism. 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 Center for American Progress believes that having a Cabinet agency such as DHS remains critical to the safety and well-being of Americans. 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. In recommending this shift, CAP acknowledges that threats to Americans safety and security will continue to require a strong and coordinated response from DHS. Moreover, a dedicated, proactive focus on helping the public may provide a useful shift in DHSs public perceptionsomething sorely needed after the enforcement-heavy reputation it acquired during the Trump administration. Monday, June 13, 2022. It is time to reimagine what it means to keep America safe, secure, and prosperous in todays world and to recalibrate the priorities of the department charged with doing so. Citizenship and Immigration Services align our organizational structure to achieve the greatest efficiency and accomplish our mission. These law enforcement roles enable the safety and services model to operate. It is critical to consider the following questions: What should be the primary focus of the department? 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. And while I&A should redouble its efforts to facilitate the communication of threat information between partners, it should not conduct intelligence activities that are beyond the scope of its authorities. 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. He directs CBP's three core missions of counterterrorism, border security, and trade . hb```b``f% cf`apeXbh`xIIQXsr`Sd` Q While the department will continue its efforts to protect, secure, prevent, and enforce,4 CAP proposes a strategic shift to a safety and services framework for DHS that would bring the departments existing responsibilities into balance and realign its priorities around five new core values: connecting, communicating, facilitating, welcoming, and helping. The U.S. Department of Homeland Security (DHS) was created nearly 20 years ago in response to catastrophic terrorist attacks on the United States. But the current DHS operating emphasis precludes its effectiveness in squarely meeting this central mission or fulfilling unmet needs today. A full list of supporters is available here. This means, for example, dialing up DHSs focus on disaster relief and cybersecurity and dialing down its law enforcement focus, particularly where other government agencies have or should have primary responsibility. They lent us their time and expertise over the past six months to help shape our understanding of what the mission and value proposition of DHS should be in todays world in order to address the needs, challenges, and opportunities facing the nation and to develop and refine our recommendations. Understanding the opportunities DHS has today is critical to transforming the agency to better meet unfulfilled needs around Americans safety and security, to address the issues that emerged or significantly worsened during the past four years, and to focus attention on the right set of priorities for the department going forward. 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. Attachment(s): 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. !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 See the organizational chart for the Department of Homeland Security. Alexandra Schmitt is a senior policy analyst on the National Security and International Policy team at the Center. In 2017 and with overwhelming bipartisan support, the House of Representatives passed H.R. DHS also has a traditional role in disaster relief services that should be expanded. 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). It also identifies opportunities to reform the factors that hinder DHS from being maximally effective in providing value to the nation. Recent steps announced by Speaker Pelosis office toward centralizing authority under the House Committee on Homeland Security by the current Congress are a welcome step but need to be further developed and have not been taken up by the Senate.85 Congress and the Biden administration should build on these important reforms to further consolidate and centralize oversight responsibilities and work toward passing an annual authorization for the department. 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. Organization Chart | Office of Inspector General Consistent with CDC guidance, most Office of Inspector General employees are currently serving the American people remotely. 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. A clear structure allows every team member to be involved. 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. }. CBP focuses on keeping terrorists and their weapons out of the United States while facilitating lawful travel and trade. Reform of the agencyand decisions about its future size and scope of responsibilitiesshould begin not with a catalog of DHSs deficiencies but rather with an analysis of Americas homeland security needs. 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. Fiscal Services - Mark Bartolozzi, Director. Moving forward, DHS should ensure that all agencies charged with transportation security and infrastructure maintenanceincluding the TSA but also the Coast Guard and CBPare charged with delivering safety and security to customers and contributing to the nations economic prosperity. The CRCL officer should lead and oversee the relevant offices within DHS which include the CRCL, the Privacy Office, the Office of the Immigration Detention Ombudsman, and the Office of the Citizenship and Immigration Services Ombudsman. At the national level, DHSs attention and political emphasis is out of balance with many of todays most serious threats. 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. Critics offer competing ideas about the sources of DHSs challenges. Each employee's position is identified, including their function and who they report to within the firm. First, DHS should adopt a service-oriented approach to citizenship and immigration services that is welcoming to immigrants and the U.S. citizens and residents hoping to sponsor them. There is no other department better suited to coordinate effective federal emergency response; communicate threat information between the public and private sectors; provide a working, humane approach to border management; facilitate an integrated cybersecurity and infrastructure capacity; and implement effective approaches to counter the threats from domestic extremism fueled by white supremacy and the rise of anti-government militias. Organizational Structure Click on any block to visit that program office's web page. USCG United States Customs and Border Protection (CBP) 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. 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. Meanwhile, DHS is missing opportunities to meet needs that other departments and agencies cannot and opportunities to lead where DHSs unique strengths would be maximally effective in solving problems. Soon thereafter, Congress also put the wheels in motion to stand up a new center for countering terrorism. To effectively manage the bureaucracy and oversee the recalibration of the department mission, the Biden administration should work with Congress to increase resources to the DHS secretary and move away from the hyperdecentralization that characterizes its current structure. CAP also recognizes that the safety and services framework proposed will, in many areas, be enabled by the departments threat management capabilities. 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. This project and report reflect the contributions of many stakeholders, including former and current government officials, policy experts, and civil society members. 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. These have included allegations of using department resources to target, discriminate against, and detain and deport immigrants of color.30 Despite the documented patterns of abuse, this has yet to be remedied by Congress.31 Other DHS components, such as HSI, have authorities that overlap with other federal investigative agenciesauthorities the department interprets very broadly. 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. CAP recommends that DHS components that are primarily or exclusively focused on enforcing federal laws should be transferred to other federal departments. These. 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. Abbott announces approval of federal emergency declaration for severe winter weather, February 14, 2021, available at, Fernandez and others, People Actively Hate Us: Inside the Border Patrols Morale Crisis; Ted Hesson, Kristina Cooke, and Mica Rosenberg, U.S. Previously, Sally was a Law Clerk at U.S. Chief Accountability Officer, Gary Kramer. 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. Our aim is not just to change the conversation, but to change the country. Border Patrol agents, for example, would be focused on addressing border issues rather than being deployed in places such as Portland as Federal Protective Service (FPS) personnel. dhs DHS . 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. These agenciesespecially CBP and ICEcenter their focus and activities around the law enforcement aspects of their functions. 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. As the department expands what it means to keep the nation secure, DHS should reimagine its role in protecting personal information and privacy. 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. 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. These recommendations include: 1) provide experts for all five missions of the QHSR as part of homeland security personnel, 2) improve information sharing, 3) acquire closer relationships between local, state . 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 should reduce its counterterrorism investigative and intelligence analysis activities, as described below, and focus its efforts where it has unique responsibilities and authorities: managing the border, countering disinformation, countering violent white supremacy, and investing in evidence-based prevention approaches. The departments founding mission to prevent another 9/11-style attack continues to influence its outsize focus on counterterrorismdespite the fact that DHSs ability to prevent terrorism is limited, and entities such as the FBI and NCTC are often in the lead statutorily. DHS should take a broader view of what it means to keep the nation secure and adapt its mission and activities accordingly. 2i{,g%_,=@,(}H30h*cD@ J What Is an Organizational Structure? Most notably, DHSs vetting activitiesincluding the National Security Entry-Exit Registration System (NSEERS), viewed by many as a Muslim registry29have faced persistent claims of religious and racial bias. 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. But it is time for DHS to focus on the missions and activities that it is uniquely capable of carrying out, and for which it, rather than other agencies, is the natural lead. endstream endobj startxref Citizenship and Immigration Services (USCIS) is responsible for delivering immigration services and benefits. CAP conducted a qualitative study and review of DHS informed by discussions with more than 35 stakeholdersincluding former and current government officials, policy experts, and civil society membersfrom November 2020 to May 2021. if(subscribe.checkValidity()) { Since the creation of DHS, challenges related to the foundations of the department and its operations have inhibited its performance. 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. Both FPS and ICE perform primarily law enforcement functions that do not enable other safety and services functions within DHS to operate. 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. Despite being hamstrung by political leaders, some DHS officials nonetheless publicly reassured the nation that there was no evidence any foreign adversary was capable of preventing Americans from voting or changing vote tallies.63 Such steps were critical to maintaining credibility in the elections. 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. Chief Information Officer - Steve Buche. Understanding these foundational issues and why they have not been effectively addressed is critical to articulating a new vision for DHSone that focuses headquarters limited attention on the right set of priorities. Tackling Climate Change and Environmental Injustice, A New Framework for DHS To Meet Todays Challenges, The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. 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. 714 0 obj <>stream Sarnata Reynolds, Caroline Medina, Molly Weston Williamson, Rachael Eisenberg, Brandon Tucker, Hadi Sedigh. } 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. 2825, the Department of Homeland Security Authorization Act of 2017, which sought to reauthorize DHS for the first time since its creation.18 More recently in 2020, several House Democrats introduced H.R. Without clear and streamlined oversight responsibilities, Congress lacks the ability to act in its appropriate legislative role to set and guide the departments priorities and activities. 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. 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. 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