Outline of White House’s Proposed Department of Homeland Security

The White House announced on June 6^th its intent to create a new Department of Homeland Security in order to develop and execute more effective policies with regard to this function. Currently over a hundred different agencies and organizations have responsibility for different aspects of homeland security and the White House feels that it would be better to have one unified body to coordinate and lead homeland security efforts. According to the White House press release, the new Department would consist of four divisions: Border and Transportation Security, Emergency Preparedness and Response, Chemical, Biological, Radiological and Nuclear Countermeasures, Information Analysis and Infrastructure Protection. The Department would be headed by a Cabinet level official though the current White House Office of Homeland Security and the Homeland Security Council would continue to exist.
Complete analysis of the Homeland Security Act of 2002

The Border and Transportation Security division would be responsible for unifying federal security operations in connection with U.S. borders, transportation systems and territorial waters, and allow one governmental agency to handle entry into the U.S. As part of the White House plan, the INS would be included within the new Department in the Border and Transportation Security Division. This division would also incorporate the United States Customs Service (currently part of the Department of Treasury), the Animal and Plant Health Inspection Service (Department of Agriculture), and the Transportation Security Administration (Department of Transportation) along with the Immigration and Naturalization Service and Border Patrol as part of its border security jurisdiction. It appears the INS would still undergo some form of its currently-anticipated reorganization, with the processing of immigration benefits and services being separated in some way from the enforcement activities. Further, while it appears the State Department would still be responsible for processing and issuing visas through U.S. Embassies and Consulates abroad, the new Department would "assume the legal authority to issue visas to foreign nationals and admit them into the country" so it is unclear exactly how the new Department will interact with the State Department.

The Emergency Preparedness and Response division would be responsible for managing the federal response and assistance for domestic disasters. In particular, the division would be responsible for training first responders and would coordinate federal disaster response efforts. The division would also coordinate all federal emergency responses plans into one government-wide response plan. The Federal Emergency Management Agency (FEMA) would be included in this division and would be a main component. This division would take over the responsibility for coordinating and administering grant programs for firefighters, emergency personnel and police which is currently managed by several parties including FEMA, the Department of Justice and the Department of Health and Human Services.

The Chemical, Biological, Radiological and Nuclear Countermeasures division would be responsible for setting national policy and setting guidelines for state and local governments for responses to threats involving weapons of mass destruction such as nuclear bombs or biological attacks. Moreover, this division would be responsible for setting up and running exercises and drills on responses to attacks involving weapons of mass destruction on the federal, state and local levels. The division would also be responsible for coordinating the government’s efforts to develop scientific and technological advances to combat terrorist threats. The division would also conduct research involving the development of new vaccines, antidotes, diagnostics and therapies used to detect and combat the effects of a nuclear, biological or chemical attack. This division would also be responsible for coordinating development in the areas of science and technology towards use for homeland security purposes.

The Information and Analysis and Infrastructure Protection division will be responsible for coordinating and analyzing intelligence data and other information from various sources on threats to homeland security. This information will come from such agencies as the FBI, NSA, CIA, DEA, INS, DOE, DOT, and Customs. This division will be in close contact with the FBI’s newly formed Office of Intelligence. These divisions will be responsible for analyzing data and assessing threats against U.S. soil as well as issuing warnings based on this data. The division will also be empowered to take either preventive or protective action in response to a threat. Finally, this division will be responsible for evaluating and protecting critical infrastructure which is determined to be a high-risk target for a terrorist attack. This critical infrastructure includes food and water systems, health systems, information and telecommunications, banking and finance, energy, agriculture, national monuments and icons, chemical and defense industries, and postal and shipping entities.

For immigration and visa purposes, the Homeland Security Act, with the new Department taking over the INS functions, along with the proposed reforms of the INS, is likely to have a significant impact on future immigration policy. The department’s emphasis on homeland security will undoubtedly take precedence over immigration benefits—how much so remains to be seen. The White House has called on Congress to establish the new Department by the end of their current session and has transmitted proposed legislation to Congress that establishes the new Department of Homeland Security. Finally, since the Department will be pulling parts that are currently under the jurisdiction of other agencies, the White House plan calls for a phase-in period of the different parts.

White House page of Department of Homeland Security

Return to GT Immigration Observer Table of Contents