1. Reforming the Department of Homeland Security Through Enhanced Oversight & Accountability
- Author:
- Carrie Cordero
- Publication Date:
- 05-2020
- Content Type:
- Special Report
- Institution:
- Center for a New American Security
- Abstract:
- In November 2002, 14 months after the attacks of September 11, 2001, the Department of Homeland Security (DHS or the department) was created by Congress to make America safer from terrorism.1 At the time, the policy focus was on international terrorism, in particular al Qaeda. Since then, not only has the terrorism landscape evolved—from al Qaeda and its affiliates to ISIS to the present increased attention to domestic terrorism linked to white supremacist violence2—but the scope and complexity of national security threats have evolved. The new department centralized border security, immigration enforcement, transportation security, emergency management, and critical infrastructure protection, plus additional functions, with an intent to protect against future terrorist attack. The fundamental activities of the department, however, have always been broader than terrorism. And over the years, attention to the department has quickly shifted depending on the critical events of the time, whether a natural disaster, such as Hurricane Katrina in 2005, or persistent cyberattacks and other malign cyberactivity since the mid-2000s, or the emergence of a global pandemic.3 Meanwhile, due to a variety of factors, the size and complexity of DHS’s law enforcement functions have grown, while recent attention has focused primarily on the border and immigration functions. The department is arguably the most operational agency in the federal government in terms of its routine activities that affect and directly touch millions of people each day. These varying and disparate missions across the department are focused domestically and therefore require substantial attention to whether and how they are carried out in accordance with law and respect for constitutional protections. This report, issued as part of a Center for a New American Security (CNAS) project4 on enhancing DHS oversight and accountability, posits that 18 years into the department’s existence, the functions of border security and immigration enforcement, as well as the law enforcement functions of Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) in particular, have grown disproportionately large in size and broad in scope, without the necessary oversight and accountability structures that must accompany such activities.5 And DHS’s border and immigration functions are under tremendous strain as they are tasked with increased policy directives, humanitarian challenges on the southern border, intense political pressure, and growing public scrutiny about these functions. The department is in severe need of legislative attention and policy coordination. If it does not reform to address the issues identified in this report, it is likely the department will face calls for partial or full dismantlement under a future administration.6 Such a result would undo nearly 20 years of effort to better protect the nation from terrorism and emerging homeland threats, and risk returning to a pre-9/11 era of dis-jointed homeland security coordination.
- Topic:
- Security, Terrorism, Homeland Security, Accountability, and Oversight
- Political Geography:
- North America and United States of America