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. Chief Accountability Officer, Gary Kramer. dataLayer.push({"event": "signup_submit", "form_detail":"enSubscribeFooter"}); Official websites use .gov The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. Seizing the opportunity to bring DHSs purpose into focus and recalibrate the departments priorities could also result in a department that fills critical gaps in the current federal bureaucracy. DHSs role should also be carefully calibrated to focus where the department is best positioned relative to other agencies, such as at the borders and ports of entry, and to enable effective information sharing with the other relevant federal players. 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. 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. Altering an organization's structure requires careful planning, but it can prove the greatest driver of success. The Biden administration should also work with Congress to significantly increase resources in future appropriations toward the secretarys front office to be more commensurate with the bureaucracys size and scope, ideally through reallocations within the existing budget. Some believe that long-standing foundational problems have inhibited DHSs effectiveness as its missions and focus have expanded and morphed. With these adjustments, DHS will be able to execute a clear mission, which includes delivering immigration and asylum services effectively, honoring historic American values as a refuge for those seeking sanctuary from repression and injustice while keeping the nation safe. 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. An official website of the U.S. Department of Homeland Security. All subordinate Components must abide by the organizational structure outlined herein. Philip E. Wolgin is the acting vice president of Immigration Policy at the Center. 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. 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. It will also put the department and its workforce in a better position to focus on the needs that only DHS can meet given its flexible authorities and unique capacity to respond to a range of issues that fall between the gaps of responsibilities of other federal departments and agencies. See the organizational chart for the Department of Homeland Security. DHS still has an important role to play in preventing attacks against the United States and Americans at home and abroad. 696 0 obj <> endobj `~d2*i)-zX We are sincerely thankful for their support. Fiscal Services - Mark Bartolozzi, Director. 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. 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. 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. 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. CBP focuses on keeping terrorists and their weapons out of the United States while facilitating lawful travel and trade. 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. The Coast Guard provides perhaps the best example, balancing its search and rescue missions with its clear and tailored drug and migrant interdiction roles. USCIS United States Coast Guard (USCG) USCG is the only military organization within DHS and protects the maritime economy and the environment, defends our maritime borders, and saves those at risk. Monday, June 13, 2022. 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. How has the departments mission changed since its creation? 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. (see p. 23). Secure .gov websites use HTTPS Advisory panels and committees that provide advice and recommendations on mission-related topics from academic engagement to privacy. This project and report reflect the contributions of many stakeholders, including former and current government officials, policy experts, and civil society members. 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. 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. (^9ghW:P ;mV]M[_i 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. Cybersecurity and Infrastructure Security Agency, Critical Infrastructure Sectors, available at, KHOU 11, Gov. Based on this study, CAP makes the following recommendations and guidelines for the administration and Congress to transform DHS into the safety and services department CAP proposes. Since no part of Congress authorizes the entire departmentwide functions, DHSs appropriators have largely become the subcommittees of de facto jurisdiction over the department. 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. An organizational structure is a hierarchical outline of a company's roles, teams, and employees. }. Critics offer competing ideas about the sources of DHSs challenges. DHS also wastes energy vying over bureaucratic turf when it could be solving problems. Organizational structure is the backbone of all the operating procedures and workflows at any company. Together, these efforts produced the most significant government reorganization since the National Security Act of 1947. 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. 8791, the Department of Homeland Security Reform Act of 2020 As Introduced by Chairman Bennie G. Thompson (D-MS), available at, U.S. Department of Homeland Security, Office of Intelligence and Analysis, available at, Steve Vladeck and Benjamin Wittes, DHS Authorizes Domestic Surveillance to Protect Statues and Monuments, Lawfare, July 20, 2020, available at, Federal Register, Privacy Act of 1974; System of Records, September 18, 2017, available at, U.S. Department of Homeland Security, Privacy Act of 1974; DHS/CBP-024 Intelligence Records System (CIRS) System of Records,, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, available at, U.S. National Archives, Executive Order 12333 United States intelligence activities, December 4, 1981, available at, Mitch Lortz, What is the All-Hazards Approach to Emergency Preparedness?, Everbridge, January 9, 2018, available at, For example, a 2010 fact sheet released a year after the bombing highlighted department reforms aimed at enhancing counterterrorism efforts and claimed, Protecting the United States from terrorism is the cornerstone of homeland security. Press Office, Department of Homeland Security 2010 Accomplishments & Reforms (Washington: U.S. Department of Homeland Security, 2010), available at, Nick Miroff, Trump shifting DHS focus from counterterrorism to immigration,, Kaveh Waddell, America Already Had a Muslim Registry,, Sari Horwitz and Jerry Markon, Racial profiling will still be allowed at airports, along border despite new policy,, American Civil Liberties Union, National Security Entry-Exit Registration System, available at, Carrie Cordero, Reforming the Department of Homeland Security Through Enhanced Oversight & Accountability (Washington: Center for a New American Security, 2020), available at, Richard Gonzales, ICE Detains Alleged Victim Of Domestic Abuse At Texas Courthouse, NPR, February 16, 2017, available at, American Civil Liberties Union, ICE and Border Patrol Abuses, available at, Ryan Brooks, ICE Deported A Survivor Of The El Paso Walmart Shooting Who Was Assisting In The Investigation, Her Lawyers Says, Buzzfeed News, January 30 2021, available at, Donald J. Mihalek, Congressional committee power erodes homeland security,, The Atlantic Council, The Future of DHS project: Time to reform Congressional oversight of the Department of Homeland Security, December 17, 2020, available at, Atlantic Council, Former and Acting Secretaries of Homeland Security sign open letter on consolidating congressional jurisdiction over DHS, Press release, November 9, 2020, available at, Carrie Cordero and Katrina Mulligan, Modernizing the Department of Homeland Security, Lawfare, December 9, 2020, available at, Office of Speaker of the House Nancy Pelosi, Pelosi Announces Agreement on Committee Jurisdiction Regarding Department of Homeland Security, Press release, January 25, 2021, available at, Department of Homeland Security, U.S. 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 following are the three main steps of organizational change: 1.. { document.getElementById('search-form').focus(); }, 300);">, https://www.govinfo.gov/content/pkg/CHRG-114hhrg99575/html/CHRG-114hhrg99575.htm, https://reason.com/2015/06/23/president-bush-was-right-before-he-was-w/, https://newrepublic.com/article/147099/dismantle-department-homeland-security, https://www.atlanticcouncil.org/wp-content/uploads/2020/08/Future-of-DHS-Key-Findings-and-Recommendations.pdf, https://www.cnn.com/2021/01/19/politics/mayorkas-opening-statement-excerpts/index.html, https://www.cato.org/sites/cato.org/files/pubs/pdf/PA683.pdf, https://www.brennancenter.org/our-work/analysis-opinion/department-homeland-security-needs-long-overdue-oversight, https://www.theatlantic.com/magazine/archive/2016/09/are-we-any-safer/492761/, https://www.usatoday.com/story/opinion/2020/08/09/dhs-portland-civil-liberties-abuses-black-lives-matter-homeland-column/3319009001/, https://mitpress.mit.edu/books/beyond-911, 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Reducing the United States vulnerability to terrorism, Minimizing the damage and assisting in the recovery from terrorist attacks that do occur within the United States, Carrying out all functions of entities transferred to the department, including responding to natural and human-made disasters, Ensuring that missions related to homeland security are fulfilled, Ensuring that such activities do not affect the overall economic security of the United States, Monitoring connections between illegal drug trafficking and terrorism, U.S. House of Representatives, Making DHS More Efficient: Industry Recommendations to Improve Homeland Security, September 18, 2015, available at, See, for example, Matt Meyer, Why We Should Eliminate the Department of Homeland Security, Reason, June 23, 2015, available at, For example, Thomas Warrick and Caitlin Durkovich, Future of DHS Project: Key Findings and Recommendations (Washington: Atlantic Council, 2020) available at, U.S. Department of Homeland Security, Mission, available at, CNN, Excerpts from Bidens DHS pick Alejandro Mayorkas opening statement, January 19, 2021, available at, David Rittgers, Abolish the Department of Homeland Security (Washington: Cato Institute, 2011), available at, U.S. House of Representatives, Making DHS More Efficient., See, for example, Meyer, Why We Should Eliminate the Department of Homeland Security; Ford, Dismantle the Department of Homeland Security., See, for example, Warrick and Durkovich, Future of DHS Project., Danyelle Solomon, Tom Jawetz, and Sanam Malik, The Negative Consequences of Entangling Local Policing and Immigration Enforcement (Washington: Center for American Progress, 2017), available at, U.S. Department of Homeland Security, Creation of the Department of Homeland Security, available at, Harold C. Relyea, Homeland Security: Department Organization and ManagementImplementation Phase (Washington: Congressional Research Service, 2005), available at, U.S. Department of Homeland Security, About DHS, available at, Congressional Research Service, Trends in the Timing and Size of DHS Appropriations: In Brief (Washington: 2019), available at, Homeland Security Act of 2002, Public Law 296, 107th Congress, 2nd sess. Prove the greatest driver of success driver of success States while facilitating lawful travel and trade Security Act of.. From academic engagement to privacy Act of 1947 organization & # x27 ; structure. But it can prove the greatest driver of success travel and trade produced... U.S. Department of Homeland Security careful planning, but it can prove the greatest driver success... We are sincerely thankful for their support play in preventing attacks against the United States and at! 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