DHS Watch : Secretary Chertoff Announces New DHS Plans
Posted Jul 29, 2005
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U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff announced on July 13, 2005 some new plans for DHS. Our March 4, 2005 MurthyBulletin article, entitled DHS Watch: Chertoff Confirmed as DHS Secretary covered the new Secretary's confirmation.
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Mr. Chertkoff's plans show vision and foresight and we trust that, under his leadership, the DHS and the USCIS will make strides forward to meet the service-oriented goal of the USCIS to help employers, employees, and families, while keeping in mind the security climate in which that we operate since September 11, 2001.
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Six Imperatives
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Secretary Chertoff announced six imperatives for DHS.

1. Increase preparedness, with particular focus on catastrophic events

2. Strengthen border security and interior enforcement and reform immigration processes

3. Improve transportation security, without sacrificing mobility

4. Enhance information sharing with DHS partners; particularly with state, local, and tribal governments and the private sector

5. Improve DHS stewardship; particularly with stronger financial, human resource, procurement, and information technology management

6. Realign the organization within DHS to maximize its mission performance

We will address the second and sixth imperatives in more detail below, since these deal specifically with immigration law, while the other topics deal with overall DHS policy.
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Borders and Immigration
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Secretary Chertoff recognizes that, in order for border security and interior enforcement to be strengthened, the immigration system must be improved. He first recommends that Congress pass a Temporary Worker Program that should significantly reduce the number of individuals trying to enter the U.S. without authorization. Neither Secretary Chertoff nor anyone in DHS can create a temporary worker program. Congress must pass a bill that the President of the United States then signs into a law. We note that the concept of permitting sufficient levels of lawful immigration as a way to address unlawful immigration is widely supported among those who are knowledgeable about immigration and immigration law. Given the opportunity to immigrate legally, there will be less motivation to do so illegally.
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Secretary Chertoff also acknowledges that the case processing times need to improve. He particularly points to the problem that security checks are usually not completed until the end of the case processing. Such practice not only delays cases but also permits persons who may have security issues to be in the U.S. for lengthy periods. Therefore, Secretary Chertoff intends to restructure case processing to improve both customer service and security. It is unlikely that these changes would require Congress and the President to pass a law.
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Restructuring Within DHS
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There have been rumors that Secretary Chertoff will call for the restructuring of the immigration components of DHS (U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection). Such changes were not mentioned in his July 13th announcement. It is not clear whether such changes may be recommended at a later date.
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Proposed changes include the formation of a new, department-wide policy office; significant improvements in intelligence management and handling information-sharing responsibilities; the formation of a new operations coordination office and other measures to increase operational accountability; and a consolidation of the preparedness functions of the DHS. As an extra step for preparedness, Secretary Chertoff intends to create a new position, that of the Assistant Secretary for Cyber and Telecommunications Security.
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US-VISIT Change
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The Secretary indicated that, after consultation with the U.S. Department of State (DOS) and the U.S. Department of Justice (DOJ), US-VISIT will be changed so that first-time visitors to the United States will be required to submit ten fingerprints. On all subsequent visits to the U.S., these individuals will submit two fingerprints to verify identity.
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Conclusion
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Secretary Chertoff recognizes that the DHS is still in its nascent stage. His efforts are directed toward improving the overall efficiency of the organization of the Department of Homeland Security.