CBP Canine Home Kenneling Pilot Act

— 139 — Department of Homeland Security also simultaneously add efficiencies to our nation’s capacity to facilitate lawful trade and travel. The BSIA should establish clear mission requirements, responsibilities, and mandates under existing law regarding the persistent need for and utilization of U.S. military personnel and resources to assist BSIA with increasing whole-of-gov- ernment efforts and long-term strategy to secure our nation’s borders effectively. In addition, appropriate elements within the newly created BSIA should be desig- nated as part of the U.S. National Security and Intelligence Community. A conservative Administration should eliminate any prohibitive guidance, direction, or mandate from DHS or the Administration that curtails or limits CBP from publishing detailed border security and enforcement data not impacting intelligence, interdiction, and investigative operations, methods, or sources. DHS should issue a regulation mandating that CBP publish accurate and timely border security data, readily available to the public, on a regular basis that avoid White House and DHS leadership review and approval. The White House should grant the authority for CBP and DHS executives to utilize component aviation assets under the Office of Air and Marine (OAM). CBP and DHS have worldwide missions with personnel and facilities that are deployed across the globe and in every state in the U.S. With a CBP workforce alone of more than 60,000 people (240,000-plus for DHS) encompassing more than a thousand sea, land, and airports, it is essential that the Commissioner, Deputy Commissioner, Secretary, and Deputy Secretary can travel efficiently to facilities to maintain appropriate situational awareness across the department’s vast mission set and interact with the expansive workforce. Although CBP operates one of the largest aviation components of any domestic U.S. law enforcement agency, executives are prohibited from utilizing the agency’s aviation assets to facilitate official travel. Executives are required to fly on commercial airlines, and this requirement sig- nificantly limits their ability to have classified communications and takes them offline for extended periods of time. Border Patrol (BP) and OAM should be combined within CBP. BP has more than 20,000 personnel, and OAM has approximately 1,800. OAM’s assets are dedicated in support of BP operations the vast majority of the time, yet redundant approv- als, strategies, and independent hierarchal commands serve as impediments to efficient and practical resource deployments. CBP should restart and expand use of the horseback-mounted Border Patrol. As part of this announcement, the Secretary should clear the records and personnel files of those who were falsely accused by Secretary Alejandro Mayorkas of whip- ping migrants and issue a formal apology on behalf of DHS and CBP. The Secretary should combine the Office of Trade (OT) and Trade Relations with the Office of Field Operations (OFO). The OT is the smallest of CBP’s compo- nents, and its operational counterpart, OFO, has a workforce of more than 30,000. — 140 — Mandate for Leadership: The Conservative Promise OT’s function is interwoven with that of its OFO operational counterpart. Combin- ing OT with OFO would achieve streamlined operations and increase OT’s capacity and capability by leveraging OFO’s expansive resources. CBP, ICE, and USCIS all have authority to issue Notices to Appear (NTA) to removable aliens in their presence, which begins removal proceedings. In most instances, CBP should turn illegal aliens over to ICE for detention, and ICE can then issue any needed NTA. CBP should issue NTAs only in limited situations for humanitarian reasons, such as medical emergencies. In addition, CBP should eliminate use of Notices to Report (NTR) altogether. CBP’s established national standards of Transport, Escort, Detention, and Search (TEDS) have been widely interpreted and expanded by lower courts. This has resulted in unrealistic and differing detention standards for CBP facilities based on the jurisdiction within which they fall, negatively impacting operations. ICE has suffered similarly. A single nationwide detention standard should be codified that prevents individual states from mandating that federal government agencies adhere to widely expansive and ever-changing sets of standards. Such standards should allow the flexibility to use large numbers of temporary facilities such as tents. The annual costs associated with establishing and maintaining temporary facil- ities to address the flow of illegal migration and associated care, transportation, and processing are prohibitive, and CBP’s budget is inadequate. CBP is forced to forgo critical mission-essential endeavors to fund the additional associated costs. Often, this requires the reprogramming of funding at the DHS level, which has a negative impact on other DHS components’ operations. This predictable cost that has to be paid from existing CBP and DHS funding levels reduces CBP’s operational readiness and ability to accomplish its diverse and critical missions to protect the American people. The next President should request a realistic budget that fully pays for these costs. Increased funding is needed for BP to hire additional support personnel, which would relieve uniformed BP agents from administrative duties associated with processing aliens and allow them to return to their national security mission. Congress should increase funding for facility upgrades at strategic land Ports of Entry (POEs), including expanding state-of-the-art technology such as Non-Intru- sive Inspection equipment. Today, the cartels exploit the aging facilities and lack of adequate technology to smuggle illicit drugs, contraband, and more successfully through our nation’s POEs. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) Needed Reforms Since the formation of DHS, ICE has increasingly been tasked with auxiliary missions that have little or nothing to do with either immigration or customs

— 138 — Mandate for Leadership: The Conservative Promise and localities, that would include certification that all components of that government, and not just the applicant agency, are registered with and use E-Verify. l If the applicant is a state or locality, commitment by that state or locality to total information-sharing in the context of both federal law enforcement and immigration enforcement. This would include access to department of motor vehicles and voter registration databases. Non-Use of Discretionary Guest Worker Visa Authorities. To stop facili- tating the availability of cheap foreign labor in order to support American workers (particularly poor and middle-class American workers) and follow congressional intent, the Secretary should explicitly cease using at least two discretionary author- ities as part of his or her broader effort to support American workers. l The Secretary should make it clear that he or she will not use the Secretary’s existing discretionary authority to increase the number of H-2B (seasonal non-agricultural) visas above the statutorily set cap. l The Secretary should not issue any regulations in support of the “H-2 eligible” country list, the effect of which would prevent favoring certain foreign nationals seeking an H-2 guest worker visa based simply on their nationality. Restoration of Honesty and Transparency. The Secretary should use his or her inherent authority as leader of the department to follow up with congressional and other partners to disclose information and provide the transparency that has been obstructed during the Biden Administration. The Secretary should proceed from the assumption that congressional inquiries and public information requests were unfulfilled and then seek to fulfill them. Replacement of the Entire Homeland Security Advisory Committee. The Secretary should plan to quickly remove all current members of the Homeland Security Advisory Committee and replace them as quickly as is feasible. U.S. CUSTOMS AND BORDER PROTECTION (CBP) If all immigration agencies are not merged, including USCIS and ORR, then an appropriate third alternative would be to consolidate ICE and CBP to form a combined Border Security and Immigration Agency (BSIA). This would inte- grate critical interdiction, enforcement, and investigative resources, enhancing coordination and refocusing collective efforts on the vast and complex cross-bor- der threats impacting our nation’s health, safety, and national security. It would — 139 — Department of Homeland Security also simultaneously add efficiencies to our nation’s capacity to facilitate lawful trade and travel. The BSIA should establish clear mission requirements, responsibilities, and mandates under existing law regarding the persistent need for and utilization of U.S. military personnel and resources to assist BSIA with increasing whole-of-gov- ernment efforts and long-term strategy to secure our nation’s borders effectively. In addition, appropriate elements within the newly created BSIA should be desig- nated as part of the U.S. National Security and Intelligence Community. A conservative Administration should eliminate any prohibitive guidance, direction, or mandate from DHS or the Administration that curtails or limits CBP from publishing detailed border security and enforcement data not impacting intelligence, interdiction, and investigative operations, methods, or sources. DHS should issue a regulation mandating that CBP publish accurate and timely border security data, readily available to the public, on a regular basis that avoid White House and DHS leadership review and approval. The White House should grant the authority for CBP and DHS executives to utilize component aviation assets under the Office of Air and Marine (OAM). CBP and DHS have worldwide missions with personnel and facilities that are deployed across the globe and in every state in the U.S. With a CBP workforce alone of more than 60,000 people (240,000-plus for DHS) encompassing more than a thousand sea, land, and airports, it is essential that the Commissioner, Deputy Commissioner, Secretary, and Deputy Secretary can travel efficiently to facilities to maintain appropriate situational awareness across the department’s vast mission set and interact with the expansive workforce. Although CBP operates one of the largest aviation components of any domestic U.S. law enforcement agency, executives are prohibited from utilizing the agency’s aviation assets to facilitate official travel. Executives are required to fly on commercial airlines, and this requirement sig- nificantly limits their ability to have classified communications and takes them offline for extended periods of time. Border Patrol (BP) and OAM should be combined within CBP. BP has more than 20,000 personnel, and OAM has approximately 1,800. OAM’s assets are dedicated in support of BP operations the vast majority of the time, yet redundant approv- als, strategies, and independent hierarchal commands serve as impediments to efficient and practical resource deployments. CBP should restart and expand use of the horseback-mounted Border Patrol. As part of this announcement, the Secretary should clear the records and personnel files of those who were falsely accused by Secretary Alejandro Mayorkas of whip- ping migrants and issue a formal apology on behalf of DHS and CBP. The Secretary should combine the Office of Trade (OT) and Trade Relations with the Office of Field Operations (OFO). The OT is the smallest of CBP’s compo- nents, and its operational counterpart, OFO, has a workforce of more than 30,000.

— 166 — Mandate for Leadership: The Conservative Promise and manages complaints against agents through the OPR. In addition, CRCL, OIG, GAO, and Congress all perform detention oversight. These multiple bodies place unmanageable and unreasonable burdens on ICE to manage several sometimes inconsistent audits/inspections at the same time. If OIDO remains a DHS component, the Secretary should immediately issue a direc- tive stripping CRCL of its immigration portfolio. OIDO is in a better position with dedicated resources and immigration experts to perform this function than CRCL is. Allowing both offices to conduct detention oversight is duplicative and wasteful. The Secretary should conduct a thorough review of the effectiveness of Direc- tive 0810.1,19 which is widely interpreted as requiring a wholesale referral of cases to OIG. In reality, OIG investigates only a small fraction of them and often sits on cases for longer than the five-day window specified in the directive. Meanwhile, the other agencies wait in limbo to execute their duties. CISOMB. The Office of the Citizenship and Immigration Services Ombudsman should be eliminated. The DHS bureaucracy is too large, and the Secretary has too many direct reports. CISOMB’s policy functions can be performed (and sometimes already are) by OIG and GAO. The specialized case work can be moved into USCIS as a special unit, much like the IRS Taxpayer Advocate. This would require a stat- utory change to Section 452 of the Homeland Security Act of 2002.20 If CISOMB continues as a DHS component, a policy should be issued that prohibits CISOMB from assisting illegal aliens to obtain benefits. Currently, approximately 15 percent–20 percent of CISOMB’s workload consists of helping DACA applicants obtain and renew benefits, including work authorization. This is not the role of an ombudsman. In addition, the government should be a neutral adjudicator, not an advocate for illegal aliens. AGENCY RELATIONSHIPS It is critical to the achievement of the President’s policy objectives that all agen- cies and departments touching immigration policy work in sync with one another. While there are numerous areas in which such cooperation is critical, immigration has proven to be the most difficult. Accordingly, several objectives will be necessary for each of the following departments. l Department of Health and Human Services: Agree to move the Office of Refugee Resettlement (ORR) to DHS or, alternatively, implement an aggressive and regular effort by the Secretary of HHS to ensure that ORR is fully pursuing presidential objectives in support of DHS. l Department of Defense: Assist in aggressively building the border wall system on America’s southern border. Additionally, explicitly acknowledge and adjust personnel and priorities to participate actively in the defense — 167 — Department of Homeland Security of America’s borders, including using military personnel and hardware to prevent illegal crossings between ports of entry and channel all cross-border traffic to legal ports of entry. l Department of Justice: Agree to move the Executive Office for Immigration Review and the Office of Immigration Litigation to DHS and/or, alternatively, to treat the administrative law judges (immigration judges and Board of Immigration Appeals) as national security personnel, decertify their union, and move to increase hiring significantly to enable the processing of more immigration cases. l Department of State: Allow DHS to lead international engagement in the Western Hemisphere on issues of security and migration. Additionally, quickly and aggressively address recalcitrant countries’ failure to accept deportees by imposing stiff sanctions until deportees are in fact accepted for return (not just promised to be taken). l Department of Housing and Urban Development: Ensure that only U.S. citizens and lawful permanent residents utilize or occupy federally subsidized housing. l Department of Education: Deny loan access to those who are not U.S. citizens or lawful permanent residents, and deny loan access to students at schools that provide in-state tuition to illegal aliens. l Department of Labor: Eliminate the two (of four) lowest wage levels for foreign workers. l Department of the Treasury: Implement all necessary regulations both to equalize taxes between American citizens and working visa holders and to provide DHS with all tax information of illegal aliens as expeditiously as possible. l Intelligence Community: Cooperate in the shrinking or elimination of the I&A role in the IC while replacing it with CBP and HSI representation to the IC. AUTHOR’S NOTE: I had the honor of coordinating the efforts of the experts listed as contributors to this book, nearly all of whom have spent more time inside or interacting with the Department of Homeland Security than myself. I wrote only a small portion of the chapter and relied on the contributors’ experience and expertise to give the chapter both its depth and policy impact. No views expressed herein should be attributed to any single contributor.