696 0 obj <> endobj 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. 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. 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. DHS has a responsibility to safeguard the information it acquires and to protect the civil liberties and privacy of U.S. personsand all personswhen permitting the use of that information for other purposes. 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. In recommending this shift, CAP acknowledges that threats to Americans safety and security will continue to require a strong and coordinated response from DHS. Skip to main content. DHS was formally established as a stand-alone, Cabinet-level department on March 1, 2003, bringing 22 federal agencies under one umbrella to coordinate efforts to secure the homeland. 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. 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. Field offices that manage disaster response and recovery in disaster locations. 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. 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. 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. Organization Organization The list of all Operational and Support Components that make up the Department along with our organization chart and the list of senior leadership. Border Security 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. Six former secretaries and acting secretaries of DHS recently advocated for consolidation under a single authorizing committee in each chamber, warning that achieving other needed reforms to the department is not possible with fragmented jurisdiction.83 Congressionally driven efforts to improve oversight coordination, such as the Goldwater-Nichols reforms of the Pentagon,84 significantly improved that departments functioning and enabled better oversight to secure U.S. national interests. DHS must recognize that many serious challenges to Americas safety and security originate at home or are largely 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 . dataLayer.push({"event": "signup_submit", "form_detail":"enSubscribeFooter"}); It is critical to consider the following questions: What should be the primary focus of the department? Successive administrations have continued to interpret DHSs mission as primarily focused on protecting the homeland from threats from abroad. 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. An official website of the United States government. Ten regional offices that work directly with states, territories and tribes. 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. Mara Rudman is the executive vice president for policy at the Center for American Progress. Monday, June 13, 2022. 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. With the State Department focused on messaging abroad, DHS could play the lead for countering disinformation domestically. Official websites use .gov Sign Up DHS provides high-quality, affordable health care coverage and public health services to Wisconsin residents. To meet the challenges of today, the Biden administration and Congress should reform the Department of Homeland Security around a mission that highlights safety and services alongside its traditional protecting roles. !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 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. Our aim is not just to change the conversation, but to change the country. 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. At a minimum, this would mean elevating the CRCL officereven while remaining operationally independent to oversee complaints related to civil rights and civil libertiesto an assistant secretary level, with a seat at the management table, to be able to more directly influence agencywide decision-making. 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. 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. 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. %%EOF 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. Looking for U.S. government information and services? 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. Carrie Cordero from the Center for a New American Security (CNAS) has written extensively on the need for enhanced oversight and accountability to address the growth in size and scope of DHSs activities.32 As Cordero argued, there is a persistent mismatch between DHSs foundational statutory mission and its day-to-day operations. The initiative should consider what changes might be needed in human capital and launch programs to realign the future workforce accordingly. } Chief Accountability Officer, Gary Kramer. Contract Administration - Brian Bond, Director. 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. DHS is best suited to collect information that other agencies cannot, primarily at ports of entry, and use that information for intelligence purposes. Efforts are underway to improve departmentwide workforce satisfaction, measured through yearly index scores such as the inclusion and employee engagement indexes. The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. 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. Mr. Price has more than two decades of federal law enforcement experience. Alexandra Schmitt is a senior policy analyst on the National Security and International Policy team at the Center. The muddled intelligence mission and an expansive set of authorities present a worrying combination that has led to abusive activities and human rights violations. A list of senior leaders at the Department. ICE is charged with enforcing immigration laws and investigating the illegal movement of people and goods. 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. Recognizing the challenges DHS faces, the department remains critical to the safety and well-being of many. 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. Renewing the DHS workforce also is critical to the departments long-term success. 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. What does DHS need to do, and what is better left to, or better done by, other departments and agencies? Federal emergencies will continue to pose significant threats to Americans and their way of life. 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. An organizational structure is a system that outlines how certain activities are directed in order to achieve the goals of an organization. These agenciesespecially CBP and ICEcenter their focus and activities around the law enforcement aspects of their functions. After looking at each homeland security organizational structure, a number of recommendations were made that could benefit each entity. if(subscribe.checkValidity()) { HSI, within ICE, investigates transnational crime and threats and claims a role in nearly all criminal activity, even those only tangentially related to DHSs mission. But viewing immigration law violations, which are often civil in nature, through a punitive lens has resulted in a heavy-handed approach at the border and in the interior. endstream endobj startxref Xs~_7^{$}UAe5u)haU8vP6179kqZ>95[6No4%OcE6:&v+ yz To maximize its value and effectiveness in todays environment, DHS should organizeand articulate its missionaround a balanced set of activities that prioritize safety and services roles more fully with DHSs other protecting, securing, and defending roles DHS should dial up, or increase, its strategic focus in the following areas: DHS should dial down its strategic focus in the following areas, bringing them into balance with its other priorities: To make the case for reform, this report first outlines the legacy of DHSs hasty founding and how past attempts to reform DHS have failed to reorient the department away from a disproportionate focus on foreign threats. 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). 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. Critical Infrastructure Sectors. He is responsible for overseeing the organization's contracting functions with a focus on integrity and positive impact. This report also reflects the collective work of numerous researchers, analysts, and experts across the Center for American Progress. The list of all Operational and Support Components that make up the Department along with our organization chart and the list of senior leadership. The organizational structure of, for example, a company is a system used to define its hierarchy. Successive reform efforts and the use of DHS to advance partisan political objectives have led to sharp swings in the departments headquarters-level focus. But the prevention mission must focus on the increasing prevalence of domestic challenges and borderless threats, including white supremacist-fueled domestic extremism, natural disasters, and cyberattacks, as well as external threats. 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. A better-managed system would also plan for shifting flows of migrants and asylum-seekers at the border, anticipate the infrastructure needed to safely and humanely process and screen them, and cultivate a welcoming culture of front-line service agents. Operational and Support Components Leadership 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. DHS, primarily through the Federal Emergency Management Agency (FEMA) and the Coast Guard, is already the nations helper. As the department expands what it means to keep the nation secure, DHS should reimagine its role in protecting personal information and privacy. This recalibration of department activities will better fulfill the unmet needs of Americans and those who live, study, work, travel, and seek safety here. The Office of the Secretary oversees DHSs work to enhance security, protect cyberspace, administer immigration and respond to disasters. Who we are The Minnesota Department of Human Services is an organization of individuals with a commitment to bettering the lives of Minnesotans. 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. It should also prioritize reducing the backlog of visa applications accumulated under the Trump administration.66 Focusing on these aspects will provide value to U.S. citizens, visitors, those who seek to become Americans, those who want to reunite with family members, and the businesses that rely on these individuals to help the U.S. economy grow. Rudy deLeon is a senior fellow with the National Security and International Policy team at the Center. 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. DHS still has an important role to play in preventing attacks against the United States and Americans at home and abroad. 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. We are determined to keep interruptions to our operations to a minimum, and we appreciate your patience during this time. 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. 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). Despite consensus among policymakers that the department could be far more effective,7 there is little agreement on how to fix it. While DHS can contribute to efforts to thwart organized crime and bring criminal actors to justice, the DOJ should continue to serve as the lead federal agency for TOC. The House approved the original bill on July 26, but the Senate was slower to consider the legislation due to partisan jurisdiction claims, parliamentary factors, and the deliberation of a few highly contentious issues.12 It was not until after the November 2002 elections that Congress reconvened and passed a compromise bill. Balancing these missions effectively ensures that the Coast Guard can play a vital role in combating terrorism and interdicting drug trafficking while also leading efforts to save people, as it did during the deadly hurricanes in 2017 in Puerto Rico and the U.S. Virgin Islands.74. DHS should reduce its TOC efforts and transfer investigative leads and other TOC activities to the DOJ. Johan Hassel, Kate Donald, Laura Kilbury, 1 More 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. Moving toward the safety and services model outlined in this report would allow DHS to calibrate its activities within a new mission maximally focused on delivering value to America. The Hypothermia Alert will be ACTIVATED at 7 PM, Tuesday, February 28, 2023. . Silva Mathema is the acting director of Immigration Policy at the Center. DHS has the potential to meet todays moment. Organizational structures describe what employees do, whom they report to, and how decisions are made across the business. 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