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Code · BILL · 115th Congress · H.R. 2406 (Introduced in House) — To amend section 442 of the Homeland Security Act of 2002 to authorize United States Immigration and Customs Enforcem... · Sec. 101

Sec. 101. Establishment of United States Immigration and Customs Enforcement

2,369 words·~11 min read·/bill/115/hr/2406/ih/section-101

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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 . The mission of United States Immigration and Customs Enforcement is to protect the United States by enforcing the full range of immigration and customs laws within the interior of the United States. 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 ), who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report to the Secretary of Homeland Security.
The Director shall— have a minimum of 5 years of professional experience in law enforcement (which may include enforcement of the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )), and a minimum of 5 years of management experience; seek the removal of inadmissible and deportable aliens and otherwise enforce the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )), other than through criminal prosecution; investigate and, where appropriate, refer for prosecution, any criminal violation of Federal law relating to or involving— the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )); customs, trade, or import or export control, including the illicit possession, movement of, or trade in goods, services, property, contraband, arms, instruments of terrorism, items controlled or prohibited from export, pornography, intellectual property, or monetary instruments; transnational money laundering or bulk cash smuggling; gangs or criminal syndicates engaged in transnational 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; the subjection of aliens to a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); identification, travel, or employment documents; or unlawful use of personal information, including immigration document fraud, when such use relates to or affects border security, terrorism, customs, immigration, naturalization, trade, travel, or transportation security; coordinate with Federal, State, local, tribal, and foreign agencies in carrying out the duties described 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 appropriate foreign countries to support the counterterrorism efforts and other international activities and relationships of United States Immigration and Customs Enforcement; establish, maintain, and administer appropriate interagency law enforcement centers in furtherance of the Director’s statutory duties, including the centers specified in subparagraphs
(C)and
(D)of subsection (f)(3); and carry out other duties prescribed by statute, or delegated by the Secretary, if within the statutory authority of United States Immigration and Customs Enforcement. The Director may authorize agents and officers of United States Immigration and Customs Enforcement to— execute any warrants issued under the laws of the United States; issue and serve administrative or judicial subpoenas and summonses; carry firearms; make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; 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 by statute to enforce; offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or attempted violation of those provisions of law which United States Immigration and Customs Enforcement is authorized by statute to enforce; and issue civil detainers for purposes of the enforcement of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). 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 an 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— conduct investigations of terrorist organizations and other criminal organizations that threaten homeland or border security; 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 information sharing 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 information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of export control offenses; conduct investigations of alleged violations of, and make arrests under, section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ), including referring for prosecution, or levying monetary penalties against, an employer found to be in violation of such section, and administratively arresting, and initiating removal proceeding against, any alien unlawfully employed; administer a Human Smuggling and Trafficking Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations in human smuggling and trafficking investigations; administer the Bulk Cash Smuggling Center, which shall serve to investigate domestic and international bulk cash smuggling activities and support law enforcement in efforts to investigate and restrict bulk cash smuggling; investigate and refer for prosecution public safety matters involving— large-scale operations prosecuted pursuant to chapter 96 (relating to racketeer influenced and corrupt organizations) of title 18, United States Code; and the smuggling into, and sale within, the United States of weapons; investigate and refer for prosecution matters involving immigration benefits and document fraud; and additional duties within the statutory authority of United States Immigration and Customs Enforcement as assigned or delegated by the Director. There is established in United States Immigration and Customs Enforcement an 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— identify, arrest, detain, and seek the removal of aliens, and remove aliens ordered removed, who— are inadmissible or deportable under section 212(a)(3) or 237(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) or 1227(a)(4)), or otherwise present a national security risk to the United States; are inadmissible or deportable under section 212(a)(2) or 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) or 1227(a)(2)); undermine the border security efforts and operations of the United States; enter the United States in violation of Federal law; are unlawfully present in the United States; are members of a criminal gang or participate in gang-related crimes, except as described in subsection (f)(3); constitute threats to the public safety; or are otherwise subject to exclusion, deportation, or removal from the United States; refer for prosecution aliens described in subparagraph
(A)or section 922(g)(5) of title 18, United States Code; and additional duties within the statutory authority of United States Immigration and Customs Enforcement as assigned or delegated by the Director. There is established in United States Immigration and Customs Enforcement an Office of the Principal Legal Advisor. There shall be at the head of the Office the Principal Legal Advisor a Principal Legal Advisor, who shall report to the Director. The office of the Principal Legal Advisor shall, consistent with section 103(a)(1)(J) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a)(1)(J) )— 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 United States Immigration and Customs Enforcement in venues and fora as authorized by the Director or General Counsel of the Department of Homeland Security, or otherwise permitted by law; and carry out other duties within the statutory authority of United States Immigration and Customs Enforcement as assigned or delegated by the Director or General Counsel. There is established in United States Immigration and Customs Enforcement an 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; 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 an Office of Management and Administration. There shall be at the head of the Office of Management and Administration an Executive Associate Director, who shall report to the Director. The Office of Management and Administration shall— administer the Office of Human Capital to provide guidance to the agency and ensure compliance with human resources policies and practices; administer the Office of Chief Financial Officer; administer the Office of Policy to develop and communicate the agency policies and priorities; create best practices to efficiently respond to all Freedom of Information Act requests received by the agency; manage all information technology systems within the agency; and carry out additional duties as assigned or delegated by the Director. 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, functions, authorities, and duties of United States Immigration and Customs Enforcement within its statutory authority. There is established a Victims of Immigration Crime Engagement Office that shall provide releasable information about a criminal alien to the victim and victim’s family and provide them with referrals to appropriate resources. This office shall also carry out additional duties within the statutory authority of United States Immigration and Customs Enforcement as assigned or delegated by the Director. Notwithstanding paragraph (1), United States Immigration and Customs Enforcement shall not operate any Office of Public Advocate or any successor office that carries out the same duties as the former Office of Public Advocate. Notwithstanding any other provision of this Act, all officers within the Office of Enforcement and Removal Operations shall be provided access to any Department database necessary for the proper collection, recordation, and retention of evidence collected as required to carry out the duties of the Office under subsection (g). 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), shall be treated as if included in the enactment of 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 the date of the enactment of this Act. Notwithstanding paragraph (1), nothing in this Act 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 Act 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 table of contents in section 1(b) of the Homeland Security Act of 2002 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 before the item relating to Director of the Office of Government Ethics the following: Director of United States Immigration and Customs Enforcement. . Section 8I(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking the Bureau of Border Security, and inserting United States Immigration and Customs Enforcement, . The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq.) is amended— by striking Assistant Secretary of the Bureau of Border Security each place such term appears and inserting Director of United States Immigration and Customs Enforcement ; and by striking the Bureau of Border Security and U.S. Immigration and Customs Enforcement each place such terms appear and inserting United States Immigration and Customs Enforcement .
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cites case law
Sec. 101
Establishment of United States Immigration and Customs Enforcement
U.S.C.§ 252
U.S.C.§ 1101
U.S.C.§ 7102
U.S.C.§ 1372
U.S.C.§ 1324a
U.S.C.§ 1182
U.S.C.§ 113
U.S.C.§ 101
Cites 8Cited by 0 across 0 sources
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