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. Since its founding, there has been persistent confusion about DHSs role as well as complaints about its structure, operations, and oversight. Recalibrating the DHS mission would empower the agency and its workforce to play a more effective role in the federal bureaucracy. Compared with executive branch agencies with longer histories and institutional protections and normssuch as the DOJ, founded in 1870, or the FBI, founded in 1908DHS lacks a history and culture of independence from political influence. Sign Up Sarnata Reynolds, Caroline Medina, Molly Weston Williamson, Rachael Eisenberg, Brandon Tucker, Hadi Sedigh. Going forward, DHS should reorganize its activities around roles in connecting, communicating, facilitating, welcoming, and helpingin addition to a recalibrated role for protecting, securing, preventing, and enforcing. This project and report reflect the contributions of many stakeholders, including former and current government officials, policy experts, and civil society members. 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 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. While the study does not make specific recommendations on the structure of DHS, this report proposes a framework that has implications for restructuring and recommends the DHS secretary and Congress realign the components of DHS around that framework. To maximize its value and effectiveness in todays environment, DHS should organizeand articulate its missionaround connecting, communicating, facilitating, welcoming, and helping, in addition to protecting, securing, preventing, and enforcing. 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. Attachment(s): Leadership Director Congressional Relations Diversity and Civil Rights Firearms and Tactical Programs Immigration Program Evaluation Partnership and Engagement Regulatory Affairs and Policy Public Affairs Deputy Director Chief of Staff Directorates 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. CBP focuses on keeping terrorists and their weapons out of the United States while facilitating lawful travel and trade. 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. 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. 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. DHS has the potential to meet todays moment. Organization Chart | Office of Inspector General Consistent with CDC guidance, most Office of Inspector General employees are currently serving the American people remotely. An official website of the United States government. At a minimum, your org structure should include employees' titles and basic hierarchies. 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. Acronym Glossary 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. 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. The original mandate and goal of DHS was to counter terrorism and homeland threatsbut nearly 20 years later, it is time to refocus DHSs role in counterterrorism activities. 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. DHS should invest in innovation and first-rate customer service approaches that allow the department to secure our air, land, and sea borders while providing a welcoming and dignified experience. And new findings reveal other factors hindering DHSs performance which have dramatically worsened over the past few years, pointing to additional challenges for DHS that should be addressed. 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. 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. %%EOF Experienced Military Veteran and Quality Assurance professional with a demonstrated history of working in government, hospital, acute health care settings, and private physician based . What America needs from DHS today, however, is different from when it was founded. These agenciesespecially CBP and ICEcenter their focus and activities around the law enforcement aspects of their functions. 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. But meaningful change will also require headquarters-level prioritization and the establishment of new internal incentives to drive CBPs cultural evolution. } Close collaboration with civil society groups will be key to ensuring these rights are respected. 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. 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. Executive Office of Health and Human Services Department of Public Health Senior Managers February 23, 2023 Assistant Commissioner Administrator X (Vacant) Director, Staff Training & Development Program Manager VI Elena Nuciforo Chief Operating Officer Administrator XI Eileen Sullivan Deputy Chief Operating Family Health & Director . 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. 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. U.S. The Coast Guard provides perhaps the best example, balancing its search and rescue missions with its clear and tailored drug and migrant interdiction roles. Rob Ries is the Health and Human Services Commission's deputy executive commissioner of Compliance and Quality Control. 0 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. 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. Chief Accountability Officer, Gary Kramer. 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. ICE is charged with enforcing immigration laws and investigating the illegal movement of people and goods. DHSs enhanced cybersecurity coordination role would need to be subject to rigorous transparency and oversight. A list of all Operational and Support Components that make up DHS. 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. In the absence of a clear and well-defined mission, DHS has too often tried to make itself a utility player on every issue, arguing that it has authorities and capabilities that others lack. subscribe.submit(); 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. 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. Organizational structure is the backbone of all the operating procedures and workflows at any company. 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. 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. Finally, it would ensure that DHS is most effectively positioned to solve national challenges. Moving forward, DHS has an opportunity to focus on the most pressing threats, including domestic and borderless threats in addition to ongoing global threats, and to hone the departments capacity to serve as the emergency response quarterback for a broader set of national emergencies. But the current DHS operating emphasis precludes its effectiveness in squarely meeting this central mission or fulfilling unmet needs today. The organizational chart for DHS suggests that the secretary and deputy secretary are responsible for overseeing 23 separate bureaus and agencies ranging in size from the Office of Public Affairs to the entire U.S. Coast Guard to the Transportation Security Administration (TSA), which has 65,000 employees.41 Yet the resources for the secretary of DHS pale in comparison to those of other federal agencies: The State Departments Office of the Secretary had some $57 million for FY 2019 and 75 employees to oversee a bureaucracy of 70,000 personnel while DHSs had just $19 million for FY 2018 and 68 employees for a bureaucracy of 240,000.42 Studies by the Atlantic Council and the CNAS recently proposed the creation of an associate secretary position to improve coordination and management at the highest levels of the department.43 While more bureaucracy is not always the answer, the current secretarys office does not have the personnel, resources, or authority to effectively lead a department of DHSs size today. While the department still has an important role to play in preventing attacks against the United States from abroad, it is time to refine the departments mission and priorities to ensure that they fit current needs. 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. 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. 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. 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. 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. 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. 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 hb```b``f% cf`apeXbh`xIIQXsr`Sd` Q In the 20 years since it was established, DHS has become the largest federal law enforcement agency in the government, with more than 240,000 employeesmore than twice the size of the U.S. Department of Justice (DOJ), the lead department charged with law enforcement activities.13 DHSs budget has also more than doubled in size since its founding, from roughly $30 billion in fiscal year 2004 to more than $64 billion in FY 2018not counting disaster relief funds, which vary depending on emergencies that happen each year. The organizational structure of the Department of Health and Human Services includes a Chief Executive Officer who is appointed by the Governor and subject to confirmation by a majority vote of the members of the Nebraska Legislature. 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. Homeland Security Investigations. We are determined to keep interruptions to our operations to a minimum, and we appreciate your patience during this time. 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. 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. While it is beyond the scope of this report to detail where every subcomponent within DHS belongs, components that are primarily focused on investigating violations of federal laws should most naturally live within the FBI, the lead agency charged with investigating criminal activity. Secretary of Homeland Security: 1. (^9ghW:P ;mV]M[_i I&A should reduce or eliminate its efforts to provide strategic intelligence on counterterrorism trends that are well covered by other departments and agencies. Hiring surges in the DHS workforceincluding recently during the Trump administrations expansion of the law enforcement officer rankshave led to significant workforce growth at DHS in a short period of time.59 In some cases, this growth was accompanied by poor quality control in hiring: Investigations following hiring surges in ICE and Customs and Border Protection (CBP) have shown that following these large influxes of new hires, cases of corruption and misconduct spiked.60 Going forward, DHS has the opportunity to better align its human capital to meet current needs. !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 Monday, June 13, 2022. Despite consensus among policymakers that the department could be far more effective,1 there is little agreement on how to fix it. In a world where the public and private sectors must take independent action to ensure Americas safety and security, the government needs a trusted, effective mechanism to communicate threat information, including intelligence information, with the public and private sectors and between different levels of state, local, and federal government officials. This initiative would be part of efforts to develop a pipeline of leaders, encourage creativity and innovation, and drive a cultural shift within the department toward its new service-oriented framework. 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. Division & Offices The Department of Human Services comprises three divisions: Division of Aging Services Division of Child Support Services Division of Family and Children Services These divisions are supported by administrative offices, which include: External Affairs Communications Constituent Services Government and Legislative Affairs Finance The Department of Health Services has ten divisions and offices that work to protect and promote the health and safety of the people of Wisconsin, helping everyone live their best life. 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. 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. `~d2*i)-zX 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. DHS has a key role in CBPs primary function, facilitating safely the transfer of goods and people, with its related enforcement component supporting that function. And how can DHS provide value to the American people and those who visit or seek safety or opportunity here? 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. HT]VBi#BPmd=3;gN3AMA:D(]H.Jp! 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. 714 0 obj <>stream These law enforcement roles enable the safety and services model to operate. Fiscal Services - Mark Bartolozzi, Director. Eleven days after the 9/11 terrorist attacks, then-Pennsylvania Gov. Welcome Patrol: how some border agents are struggling with Bidens policy shift, Reuters, May 14, 2021, available at, Most policymakers would likely be surprised to find out that the Border Patrol considers itself primarily in the business of preventing the entry of terrorist and terrorist weapons from entering the United States between official ports of entry, whereas the Office of Field Operations, in its own estimation, has a more balanced mission, responsible for border securityincluding anti-terrorism, immigration, anti-smuggling, trade compliance, and agriculture protectionwhile simultaneously facilitating the lawful trade and travel at U.S. ports of entry that is critical to our Nations economy. See U.S. Customs and Border Protection, Executive Assistant Commissioners Offices, available at, Ron Nixon, Department Commandant Lays Out Coast Guards Successes and Challenges,, For example, the ACLU has documented CBPs interpretation of its authority to operate within 100 miles of any external boundary as key to documented abuses: In practice, Border Patrol agents routinely ignore or misunderstand the limits of their legal authority in the course of individual stops, resulting in violations of the constitutional rights of innocent people. See ACLU, The Constitution in the 100-Mile Border Zone, available at, Andrew Crespo, Unpacking DHSs Troubling Explanation of the Portland Van Video, Lawfare, July 25, 2020, available at, Office of Inspector General, DHS Lacks Oversight of Component Use of Force (Redacted) (Washington: U.S. Department of Homeland Security, 2017), available at, Congressional Research Service, National Special Security Events: Fact Sheet (Washington: 2021), available at, U.S. Immigration and Customs Enforcement, ICEs Mission, available at, See, for example, Peter L. Markowitz, A New Paradigm for Humane and Effective Immigration Enforcement (Washington: Center for American Progress, 2020), available at, Matt Zapotosky and Chico Harlan, Justice Department says it will end use of private prisons,. , Caroline Medina, Molly Weston Williamson, Rachael Eisenberg, Brandon Tucker, Hadi.! Laws and investigating the illegal movement of people and those who visit or safety. 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