Sec. 1101. Establishment of United States Immigration and Customs Enforcement

2,365 words·~11 min read·/bill/114/hr/6381/ih/section-1101·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 442 of the Homeland Security Act of 2002 ( 6 U.S.C. 252 ) is amended to read as follows: There is established within the Department an agency to be known as United States Immigration and Customs Enforcement. There shall be at the head of United States Immigration and Customs Enforcement a Director of United States Immigration and Customs Enforcement (in this section referred to as the Director ). The Director shall— have a minimum of five years professional experience in law enforcement, which may include law enforcement as it relates to the immigration or customs laws, as defined by titles 8, 18, 19, and 31, United States Code, and a minimum of five years management experience; enforce the immigration laws, as defined in title 8, United States Code, and seek the removal of aliens identified as inadmissible and deportable; have the power to investigate and, where appropriate, refer for prosecution, any criminal violation of Federal law relating to or involving— border control and security, including the prevention of the entry or residence of terrorists, criminals, and human rights violators; customs, trade, fraud, false statements, or the import or export of merchandise, including the illicit possession, movement of, or trade in goods, services, property, arms, instruments of terrorism, items controlled or prohibited from export, child exploitation, intellectual property, or monetary instruments; cross-border money laundering or bulk cash smuggling; the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act; gangs or criminal syndicates engaged in cross-border criminal activity; chapter 40 or 44 of title 18, United States Code, or other violation relating to firearms, explosives, or other destructive devices involving an alien; trafficking in persons, as defined in section 7102 of title 22, United States Code; the production, procurement, counterfeiting, alteration or use of fraudulent immigration documents or fraudulently obtaining immigration benefits; unlawful use of personal information, when such use relates to or affects border security, terrorism, customs, immigration, naturalization, trade, or transportation security; and computer crimes, pursuant to section 1030(d) of title 18 United States Code, in collaboration with the United States Secret Service and the Federal Bureau of Investigation; coordinate, as otherwise permitted by law, with Federal, State, local, tribal, and foreign agencies in carrying out the duties set forth in paragraphs

(2)and (3); in coordination with the Department of State and the Office of International Affairs of the Department, establish staff liaison offices and vetted units in foreign countries to support law enforcement activities that require international cooperation, including investigations and repatriation efforts; establish, maintain, and administer appropriate interagency law enforcement centers in furtherance of the Director’s assigned duties, including the Centers specified in subparagraphs

(B)and

(C)of subsection (f)(3); and carry out the duties and powers prescribed by law or delegated by the Secretary. The Director may authorize agents and officers of United States Immigration and Customs Enforcement to— carry out the duties and responsibilities authorized under section 1357 of title 8, United States Code, and section 1589a of title 19, United States Code; seize any property, whether real or personal, that is involved in any violation or attempted violation, or which constitutes proceeds traceable to a violation, of those provisions of law which United States Immigration and Customs Enforcement is authorized to enforce; offer and pay rewards for services and information regarding the apprehension of persons involved in, or the seizure and forfeiture of property associated with, the violation or attempted violation of those provisions of law which United States Immigration and Customs Enforcement is authorized to enforce; issue civil detainers for purposes of immigration enforcement; and conduct undercover investigative operations pursuant to section 1363a of title 8, United States Code, and section 2081 of title 19, United States Code. There shall be in United States Immigration and Customs Enforcement a Deputy Director who shall assist the Director in the management of United States Immigration and Customs Enforcement. There is established in United States Immigration and Customs Enforcement the Office of Homeland Security Investigations. There shall be at the head of the Office of Homeland Security Investigations an Executive Associate Director, who shall report to the Director. The Office of Homeland Security Investigations shall— serve as the law enforcement office of United States Immigration and Customs Enforcement with primary responsibility to conduct investigations of terrorist organizations and other criminal organizations that threaten homeland or border security; serve as the law enforcement office of U.S. Immigration and Customs Enforcement with primary responsibility to conduct investigations of criminal violations of the immigration and customs laws, as defined in titles 8, 18, and 19, United States Code; identify, arrest, detain, bring removal proceedings against and pursue the removal of aliens who are inadmissible or deportable; administer the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372 ), including the Student and Exchange Visitor Information System established under such section, and use such information to carry out the enforcement functions of United States Immigration and Customs Enforcement; administer a National Intellectual Property Rights Coordination Center, which shall serve as the primary forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of intellectual property offenses; administer a National Export Enforcement Coordination Center, which shall serve as the primary forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of Export Control offenses; enforce Federal law relating to— the unlawful employment of unauthorized aliens, as defined in section 274A(h)(3) of the Immigration and Nationality Act; and immigration and naturalization fraud; administer the Cyber Crimes Center, as authorized under section 890A of the Homeland Security Act of 2002 ( 6 U.S.C. 473 ); and carry out other duties and powers prescribed by the Director. There is established in United States Immigration and Customs Enforcement the Office of Enforcement and Removal Operations. There shall be at the head of the Office of Enforcement and Removal Operations an Executive Associate Director, who shall report to the Director. The Office of Enforcement and Removal Operations shall— serve as the law enforcement office of U.S. Immigration and Customs Enforcement with primary responsibility to enforce the civil immigration and nationality laws of the United States; identify, locate, and arrest aliens in custodial settings or at-large two are subject to exclusion, deportation, or removal from the United States; manage the ICE administrative detention operations and provide medical care, dental, and mental health services to detained aliens in the custody of the agency; detain or release on bond, supervision, or other appropriate condition, aliens for purposes of exclusion, deportation, or removal from the United States; plan, coordinate, and manage the removal from the United States of aliens who are subject to exclusion, deportation, or removal from the United States; provide law enforcement support services to Federal, State, and local law enforcement partner agencies, relating to the identification, location, and arrest of aliens subject to removal from the United States, as well as foreign-nationals known or suspected to be involved in criminal activity and under investigation by these partners; and carry out other duties and powers prescribed by the Director. There is established in United States Immigration and Customs Enforcement the Office of the Principal Legal Advisor. There shall be at the head of the Office the Principal Legal Advisor a Principal Legal Advisor, who, for legal matters, shall report to the General Counsel of the Department. The Office of the Principal Legal Advisor shall— provide specialized legal advice and policy guidance to the Director; represent the Department in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review; represent the United States Immigration and Customs Enforcement in matters before the Office of the Chief Administrative Hearing Officer; and represent the United States Immigration and Customs Enforcement in other venues and forums as authorized by the Director. There is established in the United States Immigration and Customs Enforcement the Office of Professional Responsibility. There shall be at the head of the Office of Professional Responsibility an Assistant Director, who shall report to the Director. The Office of Professional Responsibility shall— investigate allegations of administrative, civil, and criminal misconduct involving any employee or contractor of United States Immigration and Customs Enforcement, or, as delegated by the Secretary, any employee or contractor of the Department; inspect and review United States Immigration and Customs Enforcement’s offices, operations, and processes, including detention facilities operated or used by United States Immigration and Customs Enforcement, and provide an independent review of United States Immigration and Custom Enforcement’s organizational health, effectiveness, and efficiency of mission; and provide and manage the security programs and operations for United States Immigration and Customs Enforcement. There is established in United States Immigration and Customs Enforcement the Office of Policy. The Office of the Policy shall— identify and develop policies and guidance of U.S. Immigration and Customs Enforcement; provide policy recommendations, research and analysis to the Director; and coordinate policy issues with the Department, components of the Department, and other federal, state, and local agencies and offices. The Secretary may establish such other Executive Associate Directors, Assistant Directors, agents, officers, or other offices as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of United States Immigration and Customs Enforcement. If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate not later than 30 days before exercising the authority described in paragraph (1). Nothing in this section shall be construed to limit the existing authority of any other Federal agency. . Section 442 of the Homeland Security Act of 2002, as amended by subsection

(a)of this section, shall be treated as if included in such Act as of the date of the enactment of such Act, and, in addition to the functions, missions, duties, and authorities specified in such amended section 442, United States Immigration and Customs Enforcement shall continue to perform and carry out the functions, missions, duties, and authorities under section 442 of such Act as in existence on the day before such date of enactment. Notwithstanding paragraph (1), nothing in this title may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 442 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such rule or regulation shall continue to have full force and effect on and after such date. Notwithstanding paragraph (1), nothing in this title may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 442 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date. The individual serving as Assistant Secretary for United States Immigration and Customs Enforcement on the day before the date of the enactment of this Act may continue to serve as the Director of United States Immigration and Customs Enforcement in accordance with section 442 of the Homeland Security Act of 2002, as amended by this title until the earlier of— the date on which such individual is no longer eligible to serve as Director; or the date on which a person nominated by the President to be the Director is confirmed by the Senate in accordance with such amended section 442. The individuals serving as the Deputy Director, Executive Associate Directors, Deputy Executive Associate Directors, Assistant Directors, and other officers and employees under section 442 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act may serve as the appropriate Deputy Director, Executive Associate Directors, Deputy Executive Associate Directors, Assistant Directors, and other officers and employees under such section 442 as amended by subsection

(a)of this section unless the Director of United States Immigration and Customs Enforcement determines that another individual should hold such position. The table of contents in section 1(b) of such Act is amended by striking the item relating to section 442 and inserting the following: Sec. 442. Establishment of United States Immigration and Customs Enforcement. . Section 1344(b)(6) of title 31, United States Code, is amended by inserting the Director of United States Immigration and Customs Enforcement, the Commissioner of Customs and Border Protection, after the Administrator of the Drug Enforcement Administration, . Section 5314 of title 5, United States Code, is amended by inserting after Director of the Bureau of Citizenship and Immigration Services. the following new item: Director of United States Immigration and Customs Enforcement. . The Homeland Security Act of 2002 is amended— in subsection (a)(2)(C) of section 451 ( 6 U.S.C. 271 ), by striking at the same level as the Assistant Secretary of the Bureau of Border Security and inserting in accordance with section 5314 of title 5, United States Code ; in subsection

(c)of section 459 ( 6 U.S.C. 276 ), by striking Assistant Secretary of the Bureau of Border Security and inserting Director of United States Immigration and Customs Enforcement ; in subsection (b)(2)(A) of section 462 ( 6 U.S.C. 279 ), in the matter preceding clause (i), by striking Assistant Secretary of the Bureau of Border Security and inserting Director of United States Immigration and Customs Enforcement ; by repealing sections, 445, and 446 ( 6 U.S.C. 255 , and 256); and in section 1(b), by striking the items relating to sections 445 and 446. Section 1357 of title 8, United States Code is amended in section (a)(5)(B) by striking if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of thearrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest .

Connectionstraces to 7

Traces to 7 documents

U.S. Code

Citation graph

cites case law

Sec. 1101

Establishment of United States Immigration and Customs Enforcement

Cites 7Cited by 0 across 0 sources