(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. Federal emergencies will continue to pose significant threats to Americans and their way of life. DHS could become the lead for communicating threat information to the public, such as intelligence on threats to critical infrastructure, and could expand its capacity to work with law enforcement and intelligence agencies to appropriately protect sensitive intelligence while disclosing information necessary to enlist the private sector and the American people in protecting the nation. 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. It has also warped the public perception of migrants as well as the political debate about immigration policy and has sidelined the service provider components of DHS which encompass the equally important mission of facilitating travel, trade, and administration of immigration benefits. 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. hVN0/K CAP concludes that DHS components that are primarily or exclusively focused on enforcing federal laws do not belong in a reimagined DHS and should be transferred to other federal departments. Consistent with this emphasisand with the affirmative vision that CAP previously put forth of a more fair, humane, and workable immigration system that would rebalance immigration enforcementICE is primarily a law enforcement agency, and as such its responsibilities should be transferred out of DHS.87. ] 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. 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. Citizenship and Immigration Services align our organizational structure to achieve the greatest efficiency and accomplish our mission. 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. Attachment(s): Rebalancing toward a safety and services model requiresbringingDHSs activitiesintobalance andensuring they arenot overly focused on threat-oriented priorities. 0 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. 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. But meaningful change will also require headquarters-level prioritization and the establishment of new internal incentives to drive CBPs cultural evolution. 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. Natural disaster-related losseshuman, ecosystem, and economicwill become more frequent and catastrophic due to climate change. 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. 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. CAP recommends that DHS components that are primarily or exclusively focused on enforcing federal laws should be transferred to other federal departments. Previously, Sally was a Law Clerk at U.S. He is responsible for overseeing the organization's contracting functions with a focus on integrity and positive impact. 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. 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. There is also a need for a more empowered and proactive agency that shares cyberthreat intelligence between businesses and government agencies, with the aim of helping organizations quickly identify and mitigate potential cyberincursions. An organizational structure is the allocation of authority and responsibility within a company. In this role, he leads more than 60,000 employees and ensures the advancement of the agency's mission, strategic objectives, and related Administration priorities. 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. 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. But with shared objectives in gaining a more effective agency that can deliver for and to the American people, it can be done. The Office of the Secretary oversees DHSs work to enhance security, protect cyberspace, administer immigration and respond to disasters. As discussed above, broad interpretation of DHS authorities by former department officials has led to questionable activities and occasions of abuse or violations, particularly in the immigration space.75 One example of these broad authorities occurred when the Trump administration deployed DHS officials to respond to protests in Portland, Oregon, where the administration stretched legal authorities to justify activities that harmed the public that DHS is supposed to serve. The Hypothermia Alert will be ACTIVATED at 7 PM, Tuesday, February 28, 2023. . We are sincerely thankful for their support. DHS has the potential to meet todays moment. A. The muddled intelligence mission and an expansive set of authorities present a worrying combination that has led to abusive activities and human rights violations. 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. The FPS protects federal facilities, their occupants, and visitors by providing law enforcement and protective security services. DHS could also play an important role in countering disinformation in partnership with the State Departments Global Engagement Center. The current administration and Congress will need to work together for longer-term changes to institutionalize reforms. DHS Office of Strategy, Policy, and Plans Organizational Chart View the current organizational chart for the Office of Strategy, Policy, and Plans. 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. DHS could have played a larger role in responding to the severe winter storms that crippled the electrical grid in Texas in early 2021. 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. An expanded DHS role might focus on planned disaster response and preparedness as expectations for climate-related disasters increase. 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. As a result, DHS has not invested in building its capacity to respond to borderless threats, such as natural disasters and cyberattacks against government enterprises, and those, such as the growing threat from white supremacist violence, that originate within U.S. borders. In 2017 and with overwhelming bipartisan support, the House of Representatives passed H.R. If policymakers want to improve the work of DHS, they must start with a focus on todays homeland security needs, defining the departments role and identifying what value it should provide today. DHS policy has expanded the categories of records collected to include social media handles, aliases, associated identifiable information, and search results.22 DHS has also launched a new system, the Customs and Border Protection Intelligence Records System (CIRS), to aggregate immigration, law enforcement, national security, and publicly available dataincluding social mediain a central database.23. DHS should narrow the scope of its prevention activities to focus its efforts where DHS has sole or unique responsibilities such as in lawful screening and vetting of travelers and goods that cross U.S. borders, countering disinformation, and funding research into evidence-based approaches to preventing extremism. dataLayer.push({"event": "signup_submit", "form_detail":"enSubscribeFooter"}); Some law enforcement functions are compatible with a safety and services model at DHS. In an era of increased movement of people and goods across borders, we need a DHS that prioritizes the rule of law, and one that protects all Americans as well as everyone who comes to live, study, work, travel, and seek safety here. What does DHS need to do, and what is better left to, or better done by, other departments and agencies? DHS has an uneven role in communicating threat information to the public. 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. 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. 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. 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. Chief Financial Officer - Robert Brock. 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