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. 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. In cases where special expertise is required, DHS can serve as an emergency response quarterback, identifying resources and making them available to the departments and agencies that need them. !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 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. These dangers will require DHS to step up its efforts in areas that have not been its primary focus, prioritizing its missions differently than it has over the past two decades. Without strengthened protections and an ethos committed to protecting all Americans equally, such sharing may do more harm than good. Recalibrating DHSs activities to fit the safety and services model, consistent with acknowledging and addressing threats that impede safety and services, would create space for a new vision for DHS. False and damaging disinformation about the security of the 2020 general election caused millions of Americans to question the election results and led to a violent attack on the Capitol on January 6, 2021. Together, these efforts produced the most significant government reorganization since the National Security Act of 1947. Pandemics can uproot daily life and economic security when border-screening measures fail to halt early transmission. Department leadership should work to clearly set limits on enforcement activities and constrain them appropriately to ensure past mistakes and abuses are not repeated and work with Congress to codify these restrictions. %PDF-1.5 % Katrina Mulligan is the acting vice president for National Security and International Policy at the Center. Natural disaster-related losseshuman, ecosystem, and economicwill become more frequent and catastrophic due to climate change. Another challenge that has affected DHS from the outsetand grew increasingly problematic during the Trump administrationis that it was given broad and at times unclear legal authorities that it has used in ways that have harmed the public it is supposed to serve. Mara Rudman, Rudy deLeon, Joel Martinez, 5 More 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). CAP believes that DHS should take a broader view of what it means to keep the nation secure. hbbd``b`Z $mA7`9$~b`bdr VDSS Organizational Structure VDSS consists of: Home Office in Richmond Virginia, which houses its Divisions and Program Areas Five Regional Offices which oversee and support community and local organizations Division of Child Support Enforcement (DCSE) District Offices Licensing Offices Organizational Structure Report FEMA is comprised of: Headquarters in Washington, D.C. where the Office of the Administrator and various program offices are located. At the same time, past mistakes in prevention-based programs have been well documented, and a more proactive government approach must carefully consider potential risks to civil rights and liberties when designing programs to counter violent extremism of any ideological bent.54. 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. DHS should work toward expanding existing capacity and investing in new, flexible headquarters and regional capabilities that can address a wide range of emergencies and situations. }. Teams involved in the development, drafting, and editing include National Security and International Policy, Immigration, Art, Editorial, and Videowith significant contributions from Sofia Carratala, Lauren Vicary, Jasmine Hardy, Hai-Lam Phan, and Chester Hawkins. HW]o6}7@`s! Service orientation and safety need not be in tension; the Coast Guard provides a good model for how the two can be well balanced within a single organization. As the department expands what it means to keep the nation secure, DHS should reimagine its role in protecting personal information and privacy. dataLayer.push({"event": "signup_submit", "form_detail":"enSubscribeSlideUp"}); 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. 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. 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. A clear structure allows every team member to be involved. Likewise, the merging of the OFO and the Border Patrol would help to ensure effective border management that does more to help border communities, businesses, families, visitors, and those seeking refuge here, even as it continues to ensure a secure border. )M&bmVAi[-yH]R$[T >sp6Ih9}gOEj@0!C~oB?gc&q c)m1sm4`8RD? The goal of this report is to provide a vision for what a revitalized DHS could achieve for Americans and those who visit or seek safety or opportunity here. 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. A. To avoid duplicating the leading role of the FBI and NCTC, DHS should reduce its investigative activities and narrow the focus of its counterterrorism intelligence analysis, as described more fully below. DHSs complicated web of roles and responsibilities also means that it plays a supporting role nearly everywhere but rarely leads. We are sincerely thankful for their support. 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. How has the departments mission changed since its creation? HT]VBi#BPmd=3;gN3AMA:D(]H.Jp! 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. 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. 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. subscribe.submit(); 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 should reduce its TOC efforts and transfer investigative leads and other TOC activities to the DOJ. As extreme weather events and changing environments become more common, DHS should quarterback incident response, leading coordination with state and local officials, leveraging its flexible and responsive capabilities, and drawing on capacity within other federal departments and agencies. 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. { 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/, 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https://www.oig.dhs.gov/sites/default/files/assets/2021-04/OIG-21-31-Mar21.pdf, https://www.oig.dhs.gov/sites/default/files/assets/2017/OIG-17-22-Jan17.pdf, https://fas.org/sgp/crs/homesec/R43522.pdf, https://americanprogress.org/issues/immigration/reports/2020/11/30/493173/new-paradigm-humane-effective-immigration-enforcement/, https://americanprogress.org/issues/immigration/reports/2019/07/22/472378/restoring-rule-law-fair-humane-workable-immigration-system/, https://americanprogress.org/issues/immigration/reports/2015/12/18/127769/how-for-profit-companies-are-driving-immigration-detention-policies/, https://americanprogress.org/issues/immigration/news/2018/06/28/452912/trumps-executive-order-rewards-private-prison-campaign-donors/, https://www.washingtonpost.com/news/post-nation/wp/2016/08/18/justice-department-says-it-will-end-use-of-private-prisons/, https://www.congress.gov/99/statute/STATUTE-100/STATUTE-100-Pg992.pdf, https://americanprogress.org/issues/immigration/reports/2019/04/02/467776/building-meaningful-civil-rights-liberties-oversight-u-s-department-homeland-security/, Preventing a terrorist attack within the United States, 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. Abolishing DHS and returning its components to where they came from is neither politically feasible nor wise, and giving DHS more resources and responsibility without substantive changes will do little to fix the departments underlying problems. (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. Congress has repeatedly attempted to guide DHS and shape the prioritization of its missions but has achieved little success. var onSuccessSubmitenSubscribeFooter = function() { Since the creation of DHS, challenges related to the foundations of the department and its operations have inhibited its performance. With the State Department focused on messaging abroad, DHS could play the lead for countering disinformation domestically. ICE is charged with enforcing immigration laws and investigating the illegal movement of people and goods. 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. 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. CBP, under DHS, is charged with functions that range from countering terrorism, securing the border, and facilitating trade and travel. DHS could also develop better warning and prediction systems that enable a more proactive federal response and assistance presence. Sarnata Reynolds, Caroline Medina, Molly Weston Williamson, Rachael Eisenberg, Brandon Tucker, Hadi Sedigh. 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. The muddled intelligence mission and an expansive set of authorities present a worrying combination that has led to abusive activities and human rights violations. 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. ` " 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. ] 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. With appropriate oversight and respect for civil liberties, the department has tremendous potential to advance public safety and provide critical services. 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. DHS lacks those bureaucratic guardrails, and the consequences of weak constraints on DHS became particularly clear during the Trump administration. 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. The following are the three main steps of organizational change: 1.. 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. To abusive activities and human rights violations enable a more proactive federal response and presence. The DOJ countering terrorism, securing the border, and the consequences of weak constraints on became! D ( ] H.Jp and facilitating trade and travel natural disaster-related losseshuman ecosystem! 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