Department of Homeland Security

Latest in Department of Homeland Security

Department of Homeland Security

House Committees Request Review of Succession at Department of Homeland Security

On Nov. 15, the House Chairman of the Homeland Security Committee and acting Chairwoman of the Oversight and Reform Committee sent a letter to the Government Accountability Office. The letter requests a review of whether the Federal Vacancies and Reform Act was violated in the recently updated process of succession at the Department of Homeland Security. The document is available here and below.

Immigration

What Ending the Flores Agreement on Detention of Immigrant Children Really Means

Last week, the Department of Homeland Security (DHS) issued its final rule on custody of two groups of noncitizen children, establishing different procedures for the treatment of children accompanied by at least one parent at the border prior to arrest and “unaccompanied alien children” (UACs) who crossed the border and were arrested without a parent.

Immigration

New Asylum Limits: A Balancing Act for the Homeland Security Secretary

President Trump continued his push for new restrictions on asylum seekers with his April 29 memorandum to the Department of Homeland Security (DHS) and the Justice Department. In the memo, Trump directed DHS to issue regulations that would bar work permits for asylum seekers who enter the United States unlawfully and—for the first time—charge a fee for applying for asylum.

Department of Homeland Security

The Federal Vacancies Reform Act Under Trump: The Department of Homeland Security Edition

To quote Yogi Berra, “it’s like déjà vu all over again.” For at least the fourth time in just over two years, a dispute has arisen over the president’s authority to name “acting” agency heads under the Federal Vacancies Reform Act (FVRA) of 1998. This time around, the debate involves the Department of Homeland Security—and the resignation/firing/un-resignation/ ¯\_(ツ)_/¯ of Secretary Kirstjen Nielsen.

Documents

Document: Judge Halts Trump's 'Remain in Mexico' Policy

On Monday, Judge Richard Seeborg of the U.S. District Court for the Northern District of California granted a preliminary injuction of the Trump administration's Migrant Protection Protocols requiring non-Mexican migrants seeking asylum in the U.S. to be deported to Mexico while their request is processed. The injuction, issued in Innovation Law Lab et al, v. Nielsen, is scheduled to take effect on Friday, Apr. 12. The order is available in full here and below.

Election Security

Document: Joint Intelligence Community Statement on Election Day Preparations

On Nov. 6, 2018—Election Day—the Office of the Director of National Intelligence released a joint statement, along with the Department of Homeland Security, the Department of Justice and the FBI, affirming their agencies' continued efforts to assist state and local election officials and to combat foreign influence efforts.

Subscribe to Lawfare

EmailRSSKindle