SEC. 402. RESPONSIBILITIES.The Secretary, acting through the Under Secretary for Border and Transportation Security, shall be responsible for the following:6 USC 202.6 USC 201.VerDate 11-MAY-2000 22:55 Dec 10, 2002 Jkt 019139 PO 00296 Frm 00043 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL296.107 APPS24 PsN: PUBL296 116 STAT. 2178 PUBLIC LAW 107–296—NOV. 25, 2002(1)Preventing the entry of terrorists and the instruments of terrorism into the United States.(2) Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating those functions transferred to the Department at ports of entry.(3) Carrying out the immigration enforcement functions vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediatelybefore the date on which the transfer of functions specified under section 441 takes effect.(4) Establishing and administering rules, in accordance with section 428, governing the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the United States.(5) Establishing national immigration enforcement policies and priorities.(6) Except as provided in subtitle C, administering the customs laws of the United States.(7) Conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary of Homeland Security under section 421.(8) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.
Nothing here about arresting terrorists, just preventing their entry. Arresting terrorists is under the authority of the FBI. ICE was not involved in any of the recent terrorist arrests, especially those that are American citizens, except in a support role. That means being the FBI's bitch; giving the FBI what it wants and getting nothing in return. Of course, with regards to Nidal Hassan and Faisal Shahzad, or the missing 200 odd Somali terrorists, ICE has done nothing.
The money quote that shows ICE is gunning for the FBI:
By streamlining and renaming several offices, officials hope to highlight the agency's counter-terrorism, money laundering and other complex criminal investigations and in the process "re-brand" ICE, turning the public -- and political -- spotlight away from its immigration work.
"Public perception is dominated by civil immigration enforcement responsibilities, even though half of the agency is devoted to something else," Morton said recently after announcing the changes to ICE employees. "We're not going to get away from immigration. It's very important from a national security perspective."
ICE does not like its public perception of immigration enforcement, and wants out, despite the lie that they are "not going away from immigration." That is exactly what they are doing. The creation of Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO), besides being a great waste of taxpayer dollars for the physical rebranding (badges, signage, etc.) is specifically designed to get away from immigration enforcement, leaving that to the poor underfunded step-child ERO, who's officers are less well paid than the agents at HSI.
WaPo also has to get in a few digs and lies:
Worksite raids and neighborhood sweeps that targeted illegal immigrants have helped shape ICE's image.
Memo to the WaPo, ICE never conducted neighborhood sweeps, the last one by the legacy INS was 20 years ago, and stopped worksite raids a year ago.
The question is just what the FBI will do about this plan to poach on its territory? Usually the FBI does not back down. Will John Morton be the man to dethrone J. Edgar's successor as the primary federal law enforcement agency? Will John Morton bitch out Robert Mueller or will Mueller put Morton in his place?
Remove the immigration work, and there is not alot for ICE to do, especially not the sexy stuff related to terrorism that is within its legal jurisdiction. It will have to fight with the FBI for cases, and will also be poaching on the DEA for drug cases. It appears as if the Customs takeover of ICE is complete, after they get smacked down by the FBI on the terrorism cases, the only thing left will be drug importation cases. Perhaps ICE, or HSI, can start working cases with the Food and Drug Administration Office of Criminal Investigations on steroids, supplements, and food import cases from China. There certainly are alot of poisonous Chinese food and nutritional supplements entering the U.S.
Even more interesting is a look at ICE's Strategic Plan 2010-2014. Most of it is wishful thinking and some outright lies.
ICE is the principal criminal investigative arm of the Department of Homeland Security...
OBJECTIVE 1.1 Prevent Terrorist Entry into the United States ICE will expand its efforts to identify and prevent the entry of terrorists or their associates into the United States.
CBP is one of the Department of Homeland Security’s largest and most complex components, with a priority mission of keeping terrorists and their weapons out of the U.S.
OBJECTIVE 1.3 Support Direct Investigation of Terrorists Through the JTTF ICE will continue to support and participate in the direct investigation of suspected terrorists through the FBI-led JTTFs.
OBJECTIVE 4.3 Promote the Mission and Success of ICE Recognizing that the mission of ICE is not broadly understood, ICE will better define itself and promote its mission and success to the Department, public, media, Congress, community groups, and other law enforcement entities. ICE is a premier investigative Federal law enforcement agency—the second largest in the United States—and over the next five fiscal years, young people interested in law enforcement careers will increasingly understand the unique and exciting missionof ICE. As ICE is better understood through increased outreach and branding, employees will feel increasingly proud of the hours they dedicate to the work ofICE.
OBJECTIVE 4.4 Use Resources Wisely ICE will effectively manage its resources, assets, technology, and information and spend its money wisely, with a full understanding of what its mission costs and how policy decisions influence resource needs. Through thoughtful alignment of strategic goals and objectives, budget requests will accurately reflect ICE’s resource requirements. ICE will incorporate performance elements to measure the outcomes of its resource allocation decisions, budget execution, and capital management efforts. ICE will invest in its infrastructure to eliminate waste, become more energy-efficient, and make optimal use of space, systems, and assets. ICE will proactively identify and correct financial and operational risks and continually strengthen internal controls to safeguard the public’s resources and trust.