DHS Watch : Security Remains the Top Priority
Posted Mar 21, 2003

With war looming, the alert level once again has been raised to "high" or "orange," in the color code system. [See, DHS Watch : Budget, Appointment, Alert Levels, and Meetings.] In conjunction with the increased alert level, the U.S. Government has launched Operation Liberty Shield. In a March 18, 2003 press briefing by Department of Homeland Security (DHS) Secretary Tom Ridge, this action was described as "a unified operation that integrates selected national protective measures with the involvement and ... support of federal, state, local, and private responders from around the country."

As a part of Operation Liberty Shield, more Coast Guard patrols will be posted off U.S. shores and at ports of entry. Hundreds more agents will be posted on the U.S. borders. There is also a promise of more security at airports and railway stations across the U.S. Additional flight restrictions have been implemented over undisclosed U.S. cities.

In addition to enhanced border security, Secretary Ridge has revealed that response and recovery teams throughout the U.S. are poised to detain anyone in the U.S. who is associated with terrorism. Asylum seekers are also being held to verify identity and ascertain their true purpose for entry to the U.S. It is unclear how many asylum seekers will be detained, though the DHS has stated these detainees will be held until their asylum application processing periods are complete. DHS has stated that they will detain applicants from countries where al-Qaeda, al-Qaeda sympathizers, and other terrorist groups are known to operate. Exceptions to the detention policy will be coordinated between DHS and the U.S. Department of State (DOS). There has not yet been a clear articulation of the legal authority to hold these individuals.

General Counsel of the DHS Nominated

On March 11, 2003, the President announced his intention to nominate Joe D. Whitley for the important position of General Counsel for DHS. The general counsel is the lead attorney supervising the legal team comprised of other attorneys at DHS and is responsible for issuing regulations on behalf of DHS and interpreting administrative policies. Currently, Attorney Whitley is in private practice in the area of White Collar Criminal Defense and Compliance. His background lists a number of positions in the U.S. Department of Justice, including Acting Associate Attorney General. We at The Law Office of Sheela Murthy wish Attorney Whitley the best in his new position.