Collapse to view only § 251. Transfer of functions
- § 251. Transfer of functions
- § 252. U.S. Immigration and Customs Enforcement
- § 253. Professional responsibility and quality review
- § 254. Employee discipline
- § 255. Report on improving enforcement functions
- § 256. Sense of Congress regarding construction of fencing near San Diego, California
- § 257. Report
- § 258. Homeland Security Investigations Victim Assistance Program
§ 251. Transfer of functions
In accordance with subchapter XII (relating to transition provisions), there shall be transferred from the Commissioner of Immigration and Naturalization to the Secretary all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
(Pub. L. 107–296, title IV, § 441, Nov. 25, 2002, 116 Stat. 2192; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(v)(I), Feb. 24, 2016, 130 Stat. 212.)
§ 252. U.S. Immigration and Customs Enforcement
(a) Establishment
(1) In general
(2) Assistant SecretaryThe head of U.S. Immigration and Customs Enforcement shall be the Assistant Secretary of U.S. Immigration and Customs Enforcement, who—
(A) shall report directly to the Under Secretary for Border and Transportation Security; and
(B) shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience.
(3) FunctionsThe Assistant Secretary of U.S. Immigration and Customs Enforcement—
(A) shall establish the policies for performing such functions as are—
(i) transferred to the Under Secretary for Border and Transportation Security by section 251 of this title and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or
(ii) otherwise vested in the Assistant Secretary by law;
(B) shall oversee the administration of such policies; and
(C) shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of U.S. Immigration and Customs Enforcement affecting U.S. Citizenship and Immigration Services established under part E of this subchapter, including potentially conflicting policies or operations.
(4) Program to collect information relating to foreign students
(5) Managerial rotation program
(A) In generalNot later than 1 year after the date on which the transfer of functions specified under section 251 of this title takes effect, the Assistant Secretary of U.S. Immigration and Customs Enforcement shall design and implement a managerial rotation program under which employees of such agency holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, as a GS–14 or above, shall—
(i) gain some experience in all the major functions performed by such agency; and
(ii) work in at least one local office of such agency.
(B) Report
(b) Chief of Policy and Strategy
(1) In general
(2) FunctionsIn consultation with U.S. Immigration and Customs Enforcement personnel in local offices, the Chief of Policy and Strategy shall be responsible for—
(A) making policy recommendations and performing policy research and analysis on immigration enforcement issues; and
(B) coordinating immigration policy issues with the Chief of Policy and Strategy for U.S. Citizenship and Immigration Services (established under part E of this subchapter), as appropriate.
(c) Legal advisor
(Pub. L. 107–296, title IV, § 442, Nov. 25, 2002, 116 Stat. 2193; Pub. L. 118–96, § 3(b)(2), Oct. 1, 2024, 138 Stat. 1571.)
§ 253. Professional responsibility and quality review
The Secretary shall be responsible for—
(1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of U.S. Immigration and Customs Enforcement that are not subject to investigation by the Inspector General for the Department;
(2) inspecting the operations of U.S. Immigration and Customs Enforcement and providing assessments of the quality of the operations of such agency as a whole and each of its components; and
(3) providing an analysis of the management of U.S. Immigration and Customs Enforcement.
(Pub. L. 107–296, title IV, § 443, Nov. 25, 2002, 116 Stat. 2194; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(v)(II), Feb. 24, 2016, 130 Stat. 212; Pub. L. 118–96, § 3(b)(3), Oct. 1, 2024, 138 Stat. 1571.)
§ 254. Employee discipline
Notwithstanding any other provision of law, the Secretary may impose disciplinary action on any employee of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection who willfully deceives Congress or agency leadership on any matter.
(Pub. L. 107–296, title IV, § 444, Nov. 25, 2002, 116 Stat. 2194; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(v)(III), Feb. 24, 2016, 130 Stat. 212.)
§ 255. Report on improving enforcement functions
(a) In general
(b) Consultation
(Pub. L. 107–296, title IV, § 445, Nov. 25, 2002, 116 Stat. 2194.)
§ 256. Sense of Congress regarding construction of fencing near San Diego, California
It is the sense of the Congress that completing the 14-mile border fence project required to be carried out under section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a priority for the Secretary.
(Pub. L. 107–296, title IV, § 446, Nov. 25, 2002, 116 Stat. 2195.)
§ 257. Report
(a) In general
The Secretary of Homeland Security shall submit an annual report to the congressional committees set forth in subsection (b) that includes a description of—
(1) the cross-border tunnels along the border between Mexico and the United States discovered during the preceding fiscal year; and
(2) the needs of the Department of Homeland Security to effectively prevent, investigate and prosecute border tunnel construction along the border between Mexico and the United States.
(b) Congressional committees
The congressional committees set forth in this subsection are—
(1) the Committee on Homeland Security and Governmental Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Homeland Security of the House of Representatives;
(5) the Committee on the Judiciary of the House of Representatives; and
(6) the Committee on Appropriations of the House of Representatives.
(Pub. L. 112–127, § 8, June 5, 2012, 126 Stat. 371.)
§ 258. Homeland Security Investigations Victim Assistance Program
(a) DefinitionsIn this section:
(1) Forensic interview specialist
(2) Victim
(3) Victim assistance specialistThe term “victim assistance specialist” is a victim assistance professional who—
(A) has experience working with victims of crime in a service capacity;
(B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and
(C) may have experience working with local government and community-based organizations, including victim advocacy centers, child advocacy centers, child welfare agencies, faith-based organizations, and other social service programs.
(b) In general
(c) FunctionsThe Victim Assistance Program shall—
(1) provide oversight, guidance, training, travel, equipment, and coordination to Homeland Security Investigations victim assistance personnel throughout the United States;
(2) recruit not fewer than—
(A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office;
(B) 1 victim assistance specialist for—
(i) every Homeland Security Investigations office participating in a human trafficking task force; and
(ii) every Homeland Security Investigations office participating in a child sexual exploitation task force;
(3) support Homeland Security Investigations regional attaché offices, to the extent necessary;
(4) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is—
(A) victim-centered;
(B) trauma-informed; and
(C) linguistically appropriate, to the extent feasible; and
(5) purchase emergency items that are needed to assist identified victims in Homeland Security Investigations criminal investigations, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization.
(Pub. L. 107–296, title IV, § 447, as added Pub. L. 118–96, § 3(a), Oct. 1, 2024, 138 Stat. 1570.)