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United States Secretary of Homeland Security

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United States Secretary of Homeland Security
Seal of the Department of Homeland Security
Flag of the secretary
since February 2, 2021
Department of Homeland Security
StyleMr. Secretary (informal)
The Honorable (formal)
Member ofCabinet
Homeland Security Council
National Security Council
Reports toPresident
SeatSt. Elizabeths West Campus, Washington, D.C., U.S.
AppointerPresident
with Senate advice and consent
Term lengthNo fixed term
Constituting instrument6 U.S.C. § 112
FormationJanuary 24, 2003
(21 years ago) (2003-01-24)
First holderTom Ridge
SuccessionEighteenth[1]
DeputyDeputy Secretary
SalaryExecutive Schedule, Level I
Websitedhs.gov

The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the United States. The position was created by the Homeland Security Act following the attacks of September 11, 2001.

The new department consisted primarily of components transferred from other Cabinet departments because of their role in homeland security, such as the Coast Guard, the Federal Protective Service, U.S. Customs and Border Protection (which includes the United States Border Patrol), U.S. Immigration and Customs Enforcement (which includes Homeland Security Investigations), the United States Secret Service and the Federal Emergency Management Agency. It does not, however, include the Federal Bureau of Investigation or the U.S. Marshals Service.[2] They continue to operate under U.S. Department of Justice.

The current secretary of homeland security is Alejandro Mayorkas, since February 2, 2021. He is the first Latino and immigrant to lead the Department of Homeland Security.

List of secretaries of homeland security

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Prior to the establishment of the U.S. Department of Homeland Security, there existed an assistant to the president for the Office of Homeland Security, which was created following the September 11 attacks in 2001.

Parties

  Republican (5)   Democratic (3)   Independent (4)

Status

  Denotes Acting Homeland Security Secretary

No. Portrait Name Senate vote Term of office State of residence President
Took office Left office Duration
1 Tom Ridge Tom Ridge
(born 1945) 		94–0 January 24, 2003 February 1, 2005 2 years, 8 days  Pennsylvania George W. Bush
(2001–2009)
– James Loy James Loy[a]
(born 1942)
Acting 		– February 1, 2005 February 15, 2005 14 days  Pennsylvania
2 Michael Chertoff Michael Chertoff
(born 1953) 		98–0 February 15, 2005 January 21, 2009 3 years, 341 days  New Jersey
3 Janet Napolitano Janet Napolitano
(born 1957) 		Voice vote January 21, 2009 September 6, 2013 4 years, 228 days  Arizona Barack Obama
(2009–2017)
– Rand Beers Rand Beers[b]
(born 1942)
Acting 		– September 6, 2013 December 23, 2013 108 days  District of Columbia
4 Jeh Johnson Jeh Johnson
(born 1957) 		78–16 December 23, 2013 January 20, 2017 3 years, 28 days  New Jersey
5 John F. Kelly John F. Kelly
(born 1950) 		88–11 January 20, 2017 July 31, 2017 192 days  Massachusetts Donald Trump
(2017–2021)
– Elaine Duke Elaine Duke[c]
(born 1958)
Acting 		– July 31, 2017 December 6, 2017 128 days  Ohio
6 Kirstjen Nielsen Kirstjen Nielsen
(born 1972) 		62–37 December 6, 2017 April 10, 2019 1 year, 125 days  Florida
– Kevin McAleenan Kevin McAleenan[d]
(born 1971)
Acting; unlawful tenure 		– April 10, 2019 November 13, 2019 217 days  Hawaii
– Chad Wolf Chad Wolf[e]
(born 1976)
Acting; unlawful tenure 		– November 13, 2019 January 11, 2021 1 year, 59 days  Virginia
– Pete Gaynor Pete Gaynor[f]
(born 1968)
Acting 		– January 11, 2021 January 20, 2021 9 days  Rhode Island
– David Pekoske David Pekoske[g]
(born 1955)
Acting 		– January 20, 2021 February 2, 2021 13 days  Connecticut Joe Biden
(2021–2025)
7 Alejandro Mayorkas Alejandro Mayorkas
(born 1959) 		56–43 February 2, 2021 Incumbent 3 years, 329 days  District of Columbia

a. ^ James Loy served as acting secretary in his capacity as Deputy Secretary of Homeland Security.

b. ^ Rand Beers served as acting secretary in his capacity as confirmed Undersecretary of Homeland Security for National Protection and Programs and Acting Deputy Secretary of Homeland Security; Beers was the highest ranking Senate-approved presidential appointee at the Department of Homeland Security.

c. ^ Elaine Duke served as acting secretary in her capacity as Deputy Secretary of Homeland Security.

d. ^ Kevin McAleenan served as acting secretary in his capacity as Commissioner of Customs and Border Protection. His tenure was ruled unlawful.

e. ^ Chad Wolf served as acting secretary in his capacity as Under Secretary of Homeland Security for Strategy, Policy, and Plans. His tenure was ruled unlawful.

f. ^ Peter Gaynor served as acting secretary in his capacity as Federal Emergency Management Agency Administrator.

g. ^ David Pekoske served as acting secretary in his capacity as Administrator of the Transportation Security Administration

Order of succession

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While appointment of acting officials is generally governed by the Federal Vacancies Reform Act of 1998 (FVRA), the Homeland Security Act of 2002 creates exceptions to FVRA, mandating that the under secretary of homeland security for management is third in the line of succession for Secretary of Homeland Security,[3] and establishes an alternate process by which the secretary can directly establish a line of succession outside the provisions of the FVRA.[4]

As of November 8, 2019, the order of succession is as follows.[5] However, the legality of this update was challenged.[4][6][7]

  1. Deputy Secretary of Homeland Security
  2. Under Secretary for Management
  3. Commissioner of the U.S. Customs and Border Protection
  4. Under Secretary for Strategy, Policy, and Plans
  5. Administrator and Assistant Secretary of the Transportation Security Administration
  6. Administrator of the Federal Emergency Management Agency

Formerly, an April 10, 2019 update to the DHS Orders of Succession, made pursuant to the Homeland Security Act of 2002, provided a different order in the case of unavailability to act during a disaster or catastrophic emergency:[5]

  1. Deputy Secretary of Homeland Security
  2. Under Secretary for Management
  3. Commissioner of U.S. Customs and Border Protection
  4. Administrator of the Federal Emergency Management Agency
  5. Director of the Cybersecurity and Infrastructure Security Agency
  6. Under Secretary for Science and Technology
  7. Under Secretary for Intelligence and Analysis
  8. Administrator of the Transportation Security Administration
  9. Director of U.S. Immigration and Customs Enforcement
  10. Director of U.S. Citizenship and Immigration Services
  11. Under Secretary for Strategy, Policy, and Plans
  12. General Counsel
  13. Deputy Under Secretary for Management
  14. Deputy Commissioner of U.S. Customs and Border Protection
  15. Deputy Administrator of the Transportation Security Administration
  16. Deputy Director of U.S. Immigration and Customs Enforcement
  17. Deputy Director of U.S. Citizenship and Immigration Services
  18. Director of the Federal Law Enforcement Training Centers

As a result of Executive Order 13753 in 2016, the order of succession for the secretary of homeland security was as follows:[8]

  1. Deputy Secretary of Homeland Security
  2. Under Secretary of Homeland Security for Management
  3. Administrator of the Federal Emergency Management Agency
  4. Under Secretary of Homeland Security for National Protection and Programs
  5. Under Secretary of Homeland Security for Science and Technology
  6. Under Secretary for Intelligence and Analysis
  7. Commissioner of U.S. Customs and Border Protection
  8. Administrator of the Transportation Security Administration
  9. Director of U.S. Immigration and Customs Enforcement
  10. Director of U.S. Citizenship and Immigration Services
  11. Assistant Secretary for Policy
  12. General Counsel of the Department of Homeland Security
  13. Deputy Under Secretary for Management
  14. Deputy Commissioner of U.S. Customs and Border Protection
  15. Deputy Administrator of the Transportation Security Administration
  16. Deputy Director of U.S. Immigration and Customs Enforcement
  17. Deputy Director of U.S. Citizenship and Immigration Services
  18. Director of the Federal Law Enforcement Training Center

Administration-cited potential nominees

[edit]

Bernard Kerik

[edit]

George W. Bush nominated Bernard Kerik for the position in 2004. However a week later, Kerik withdrew his nomination, explaining that he had employed an illegal immigrant as a nanny.[9]

Raymond Kelly

[edit]

By July 2013, Raymond Kelly had served as Commissioner of the New York City Police Department (NYPD) for nearly 12 straight years. Within days of Homeland Security secretary Janet Napolitano's announcement that she was resigning, Kelly was soon cited as an obvious potential successor by New York senator Charles Schumer and others.[10]

During a July 16, 2013, interview, President Obama referred generally to the "bunch of strong candidates" for nomination to head the Department of Homeland Security, but singled out Kelly as "one of the best there is" and "very well qualified for the job".[11]

Later in July 2013, the online internet news website/magazine Huffington Post detailed "a growing campaign to quash the potential nomination of New York City Police commissioner Raymond Kelly as the next secretary of the Department of Homeland Security" amid claims of "divisive, harmful, and ineffective policing that promotes stereotypes and profiling".[12] Days after that article, Kelly penned a statistics-heavy Wall Street Journal opinion article defending the NYPD's programs, stating "the average number of stops we conduct is less than one per officer per week" and that this and other practices have led to "7,383 lives saved—and... they are largely the lives of young men of color."[13]

Kelly was also featured because of his NYPD retirement and unusually long tenure there in a long segment on the CBS News program Sunday Morning in December 2013, especially raising the question of the controversial "stop and frisk" policy in New York City and the long decline and drop of various types of crimes committed.

Office of the Secretary of Homeland Security

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Purpose

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The Office of the Secretary (OS) oversees the execution of the duties of the Department of Homeland Security.[14] Certain elements also aid the Secretary of Homeland Security and senior officials of the Department of Homeland Security, as well as private sector and government partners in their duties.

Composition

[edit]

The Office of the Secretary contains several offices and other elements of the DHS.[14] Most of the heads of these elements report directly to the Secretary or Deputy Secretary, but the Military Advisor and Executive Secretary report to the DHS Chief of Staff, who is currently Jonathan Davidson.

Components of the Office of the Secretary of Homeland Security
Component Mission Executives Subordinate Components
Office for Civil Rights and Civil Liberties (CRCL) [15]
  • Supports the Department's mission to secure the nation while preserving individual liberty, fairness, and equality under the law.
  • Builds in civil rights and civil liberties practices into all of the Department’s activities.
  • Programs and Compliance Division
  • Equal Employment Opportunity and Diversity Division
  • Office for Accessible Systems and Technology (jointly run with DHS Office of the Chief Information Officer)
Office of the Citizenship and Immigration Services Ombudsman (CISOMB) [16]
  • Serves as a liaison between the public and U.S. Citizenship and Immigration Services.
  • Helps individuals and employers resolve issues they are having with USCIS.
  • Holds engagements to hear from the public about their experiences with USCIS.
  • Identifies issues in the immigration system and make recommendations to USCIS on how to address these problems.
  • CIS Ombudsman: Nathan Stiefel (acting)
    • Deputy Ombudsman: Nathan Stiefel
  • Policy Division
  • Public Engagement Division
  • Casework Division
  • Operations Division
  • Strategy Division
Climate Change Action Group [17]
  • Drives urgent action to address the climate crisis.
  • Analyzes, on an ongoing basis, the impacts of climate change on DHS missions, assets, and personnel.
  • Adapts DHS operations, assets, and missions to account for the climate crisis via risk- based strategies.
  • Coordinates DHS-wide sustainability operations to mitigate additional harm.
  • Recommends specific, concrete steps to reduce greenhouse gas emissions.
  • Recommends specific, concrete steps to promote resilience and adaptation to reduce the multiple risks posed by the climate crisis.
  • Recommends organizational and resource realignments as necessary to support the Department’s activities to address the climate crisis.
Office of the Executive Secretary (ESEC) [19]
  • Provides all manner of direct support to the Secretary of Homeland Security and Deputy Secretary of Homeland Security, as well as related support to leadership and management across the DHS.
  • Accurate and timely dissemination of information and written communications.
Office of the Immigration Detention Ombudsman (OIDO) [21]
  • Assists individuals with complaints about the potential violation of immigration detention standards or other misconduct by DHS (or contract) personnel.
  • Provides oversight of immigration detention facilities.
  • Case Management Division
  • Detention Oversight Division
  • Policy and Standards Division
  • External Relations Division
  • Operations and Resource Management Division
  • Program Integration Division
Family Reunification Task Force [22]
  • Committed to the safe reunification of families that were unjustly separated at the U.S.-Mexico border.
 Includes the secretaries of Homeland Security, Health and Human Services, and State, as well as the Attorney General. It also includes several other officials from the DHS, DOJ, HHS, and State Department.
Office of the General Counsel (OGC) [23]
  • Provides complete, accurate, and timely legal advice on possible courses of action for the DHS.
  • Ensures that homeland security policies are implemented lawfully, quickly, and efficiently.
  • Protects the rights and liberties of any Americans who come in contact with the Department of Homeland Security.
  • Facilitates quick responses to congressional requests for information.
  • Represents the department in venues across the country, including in U.S. immigration courts.
  • The OGC accomplishes these tasks with over 3,000 attorneys.
  • Ethics & Compliance Law Division
  • General Law Division
  • Immigration Law Division
  • Intelligence Law Division
  • Legal Counsel Division
  • Operations and Enforcement Law Division
  • Regulatory Affairs Law Division
  • Technology Programs Law Division
Joint Requirements Council (JRC) [24]
  • Validates capability gaps.
  • Associated with operational requirements and proposed solution approaches to mitigate those gaps through the Joint Requirements Integration and Management System (JRIMS).
  • Leverages opportunities for commonality to enhance operational effectiveness directly and better inform the DHS’ main investment pillars.
 The JRC consists of the Principals Council – the operational Components (Cybersecurity and Infrastructure Security Agency, U.S. Customs and Border Protection, Federal Emergency Management Agency, U.S. Immigration and Customs Enforcement, U.S. Secret Service, Transportation Security Administration, U.S. Coast Guard, and U.S. Citizenship and Immigration Services), I&A, Management, CIO, Policy, and S&T.
Office of Legislative Affairs (OLA) [25]
  • Serves as primary liaison to members of Congress and their staffs, the White House and Executive Branch, and to other federal agencies and governmental entities that have roles in assuring national security
 Each area of responsibility is managed by a director. There's a DAS for the U.S. Senate, a DAS for the U.S. House of Representatives, and a Chief of Staff.
  • Headquarters
  • Operational Component Coordination
  • Intelligence, Cyber, and Operations
  • Oversight and Investigations
  • Executive Secretary and Mission Support
Office of the Military Advisor [26]
  • Provides counsel and support to the Secretary and Deputy Secretary in affairs relating to policy, procedures, preparedness activities, and operations between DHS and the U.S. Department of Defense.
Office of Partnership and Engagement (OPE) [27]
  • Coordinates the Department of Homeland Security’s outreach efforts with key stakeholders nationwide.
  • Ensures a unified approach to external engagement amongst the DHS.
  • Office of Intergovernmental Affairs
    • State and Local Affairs
    • Tribal Government Affairs
  • Private Sector Office
  • Office of Academic Engagement
  • Faith-Based Security Advisory Council
  • Committee Management Office
  • Homeland Security Advisory Council
  • Office of Social Impact and Campaigns
  • Director, Non-Governmental Organizations
Privacy Office [28]
  • Protects individuals by embedding and enforcing privacy protections and transparency in all DHS activities.
  • Chief Privacy Officer: Mason C. Clutter (concurrently serves as the DHS Chief Freedom of Information Officer)
  • Senior Policy Advisor and Executive Director, Strategy and Integration
  • Deputy Chief FOIA Officer
    • Senior Director, FOIA Operations and Management
      • Director of Disclosure
    • Senior Director, Litigation, Appeals, and Policy
      • Director, Policy, Oversight, Compliance
  • Deputy Chief Privacy Officer
    • Senior Director, Privacy Compliance
      • Director, Privacy Compliance
    • Senior Director, Privacy Policy and Oversight
      • Director, Privacy Policy
      • Director, Privacy Incidents
      • Director, Privacy Oversight
  • Chief of Staff
    • Director, Business Operations
    • Director, Communications & Training
Office of Public Affairs (OPA) [29]
  • Coordinates the public affairs activities of all of the components and offices of the DHS.
  • Serves as the federal government’s lead public information office during a national emergency or disaster.
  • Assistant Secretary for Public Affairs: Daniel Watson
    • Principal Deputy Assistant Secretary for Communications: Luis Miranda
    • Deputy Assistant Secretary for Media Relations: Sarah Schakow
    • Deputy Assistant Secretary for Strategic Communications: Jeff Solnet
  • DHS Press Office
  • Incident and Strategic Communications
  • Multimedia
  • Speechwriting
  • Web Communications
  • Internal Communications
Office of Strategy, Policy, and Plans (OSP&P) [30]
  • Serves as a central resource to the Secretary and other department leaders for strategic planning and analysis, and facilitation of decision-making on the full breadth of issues that may arise across the dynamic homeland security enterprise
  • Chief of Staff
  • Assistant Secretary for Border and Immigration Policy
    • Deputy Assistant Secretary, Border and Immigration
    • Deputy Assistant Secretary, Immigration Statistics
  • Assistant Secretary for Counterterrorism and Threat Prevention
    • Principal Deputy Assistant Secretary, Counterterrorism and Threat Prevention
    • Deputy Assistant Secretary, Screening and Vetting
    • Deputy Assistant Secretary, Law Enforcement
    • Deputy Assistant Secretary, Countering Transnational Organized Crime
    • Deputy Assistant Secretary, Counterterrorism and Threat Prevention
  • Assistant Secretary for International Affairs
    • Principal Deputy Assistant Secretary, International Affairs
    • Deputy Assistant Secretary, Western Hemisphere
  • Assistant Secretary for Trade and Economic Security
    • Deputy Assistant Secretary, Trade Policy
    • Deputy Assistant Secretary, Economic Security
  • Assistant Secretary for Cyber, Infrastructure, Risk, and Resilience
    • Deputy Assistant Secretary, Cyber Policy
    • Deputy Assistant Secretary, Infrastructure, Risk, and Resilience
  • Deputy Assistant Secretary for Strategic Integration and Policy Planning
Office for State and Local Law Enforcement (OSLLE) [31]
  • Provides DHS with primary coordination, liaison, and advocacy for state, local, tribal, territorial, and campus (SLTTC) law enforcement.
  • Assistant Secretary for State and Local Law Enforcement: Heather Fong
    • Deputy Assistant Secretary: N/A

See also

[edit]

References

[edit]
  1. ^ "3 U.S. Code § 19 – Vacancy in offices of both President and Vice President; officers eligible to act". LII / Legal Information Institute.
  2. ^ Homeland Security Act, Pub. L. 107–296 (text) (PDF)
  3. ^ Yglesias, Matthew (April 8, 2019). "Trump's possibly illegal designation of a new acting homeland security secretary, explained". Vox. Retrieved April 9, 2019.
  4. ^ a b Cramer, Harrison; Cohen, Zach C. (November 11, 2019). "Inside Trump's Gambit To Install Another Acting DHS Secretary". National Journal. Retrieved November 15, 2019.
  5. ^ a b "Letter from House Committee on Homeland Security to U.S. Comptroller General Gene Dodaro" (PDF). U.S. House of Representatives. November 15, 2019. Retrieved November 15, 2019.
  6. ^ Bublé, Courtney (November 15, 2019). "Top Democrats Call for Emergency Review of DHS Appointments". Government Executive. Retrieved November 15, 2019.
  7. ^ Misra, Tanvi (November 15, 2019). "Legality of Wolf, Cuccinelli appointments to DHS questioned". Roll Call. Retrieved November 15, 2019.
  8. ^ "Executive Order – Amending the Order of Succession in the Department of Homeland Security". whitehouse.gov. December 9, 2016. Retrieved November 16, 2019.
  9. ^ Bernstein, Nina (December 16, 2004). "Mystery Woman in Kerik Case: Nanny". The New York Times. Retrieved October 29, 2015.
  10. ^ "Names already popping as possible Janet Napolitano replacements", by Kevin Robillard and Scott Wong, Politico, July 12, 2013, retrieved July 13, 2013.
  11. ^ "Obama would consider Ray Kelly to replace Janet Napolitano", by Jennifer Epstein, Politico, July 16, 2013, retrieved July 17, 2013.
  12. ^ "Muslims Oppose Raymond Kelly Bid For Homeland Security Secretary", by Omar Sacirbey, Huffington Post, August 1, 2013, retrieved August 4, 2013.
  13. ^ "Ray Kelly: The NYPD: Guilty of Saving 7,383 Lives", by Ray Kelly, Opinion: The Wall Street Journal, July 22, 2013, retrieved August 4, 2013.
  14. ^ a b "Office of the Secretary | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  15. ^ "Office for Civil Rights and Civil Liberties | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  16. ^ "Office of the Citizenship and Immigration Services Ombudsman | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  17. ^ "Climate Change Action Group | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  18. ^ greenecodemocratcom (August 30, 2023). "DHS Climate Change Action Group (CCAG)". Greene County Democrat. Retrieved October 12, 2023.
  19. ^ "Office of the Executive Secretary | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  20. ^ "Leadership | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  21. ^ "Office of the Immigration Detention Ombudsman | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  22. ^ "Family Reunification Task Force | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  23. ^ "Office of the General Counsel | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  24. ^ "Joint Requirements Council | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  25. ^ "Office of Legislative Affairs | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  26. ^ "Office of the Military Advisor | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  27. ^ "Partnership and Engagement | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  28. ^ "Privacy Office | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  29. ^ "Office of Public Affairs | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  30. ^ "Office of Strategy, Policy, and Plans | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
  31. ^ "The Office for State and Local Law Enforcement | Homeland Security". www.dhs.gov. Retrieved October 12, 2023.
[edit]
U.S. order of precedence (ceremonial)
Preceded byas Secretary of Veterans Affairs Order of precedence of the United States
as Secretary of Homeland Security 		Succeeded byas White House Chief of Staff
U.S. presidential line of succession
Preceded by 18th in line
Ineligible 		Last
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