Major legislation was reintroduced by some members of the Committee on Homeland Security. The goal of the legislation is to prevent the DHS from being used for political motivation. From the DHS Press Release, ‘The DHS Reform Act of 2021 (H.R.4357) will reform DHS to bolster accountability and transparency to the American people and ensure that it is able to address its wide range of missions.’ The DHS reform act includes several areas of focus.
The DHS Reform Act aims to protect DHS operations and prevent potential future mismanagement. The reforms include:
• Restrict the use of ‘acting’ officials
• Address civil rights and liberties protections in department policies, activities, and programs
• Emphasize de-escalation in an updated DHS use-of-force policy
• Monitor information released to the public to ensure factual and non-biased information is shared
• Improve workforce morale in the DHS
• Create a new position within DHS, the Associate Secretary, who will be responsible for managing the DHS’ law enforcement efforts
The restrictions around ‘acting’ officials include the requirement of future acting secretary appointees to have held a Senate-confirmed position or unit head role within DHS for at least 90 days. Another alternative is holding a DHS Senior Executive Service position.
The proposed new position of Associate Secretary of Homeland Security would be an appointment by the President and run a five-year term. The goal of the term is to create a smooth transition between administrations. The position would also oversee the law enforcement units of the DSH.
Similar legislation was introduced in November 2020. However, the legislation did not move forward as the session ended before further action could be taken.
We will continue to monitor the legislation and keep you informed. If you have questions about the DHS or any immigration-related topic, contact us at ILBSG.