Homeland Security & Federal Law Enforcement: Final Exam

Department

Represented at the level of the President’s Cabinet. (Ex. DHS, DOJ)

Agency

Organizations with different roles and missions. (Ex. Environment Protection Agency [EPA], NASA)

Sub-component

Contains different elements of an agency that have a specific focus. (Ex. ATF, FBI)

Federal Executive Branch Structure

All parts of the structure conduct elements of patrol/inspection, investigations, and intelligence analysis.

Homeland Security

A federal department, but also a law enforcement mission. The term describes resources used to mitigate a threat to the country. State agencies and municipalities also identify their components with this title.

How do politics play a role in agency abolishment and reorganization?

The administration in power has the ability to shut down certain agencies and components if they aren’t meeting specific standards. This has to do with an administration’s political agenda and focus.

How do politics play a role in mass hirings and firings?

Those who are fired from federal agencies and components are typically placed elsewhere. Another agency or a new agency will most likely take them in as the hiring/firing wave ebbs and flows.

How do government shutdowns work?

When the government “shuts down”, this means 40-60% of federal workers will be deemed essential and will go without pay for a period of time. The government never actually shuts down, because they can’t, but the government has to spend next to no funds.

What kind of powers does federal law enforcement have?

Federal law enforcement can only enforce federal laws. This stems from the creation of the U.S. government; the Founding Fathers were hesitant with giving too much central authority to the federal government.

Can states enforce federal laws?

No. Federal supremacy prevents this from happening– and interfering with federal agents when they’re conducting their duties.

What are some limited powers of federal authorities?

Not every agency has arrest authority, which means that they can’t arrest whoever they want for a federal offense. Most states decide to extend their own authority to federal agents, though, through the use of peace officer statutes.

Peace Officer

These officers can arrest for state violations and active felonies.

What powers did early law enforcement have in the U.S.?

The Judiciary Act of 1789 created the U.S. Marshall’s Service. Each President appointed marshals, creating a political component to the position. Deputies served as the focal point of federal law enforcement.

Early Formation of Federal Powers in the U.S.

Federal law enforcement was formed retroactively. For example, the DOJ was formed after the challenges of the civil war. The 1891 Immigration Act created an Immigration Service and inspectors for ports of entry.

How did the Constitution define federal roles?

Article I, Section 8-10 of the Constitution identified these powers as federal:

• Regulating commerce between states and other countries.

• Establish rules on naturalization (admittance of a forienger to citizenship).

• Punish counterfeiting.

• Establish Post Offices and Post Roads.

• Establish courts.

• Punish piracies and felonies committed on the high seas.

• Suppress insurrections.

• The collection of tariffs is also discussed.

What can Congress write laws about?

Things that impact the government– or other offenses that occur while committing federal crimes. These account for most other federal crimes that we didn’t already describe. The key takeaway– if it’s not described as part of the government's responsibility in the Constitution, the Supreme Court will strike down any legislation. (Ex. Protection of federal property and personnel. Things relating to other functions of the government.)

What international offenses can congress write laws about?

• U.S. interests and personnel.

• Export control.

• Circumstances in which other countries don’t prosecute offenses– and an American law has been violated.

• International law enforcement liaison.

What happens when state laws overlap with federal laws?

Federal adoption of state prosecutions. Federal prosecutors will often decline a prosecution in favor of a state prosecution.

Double Jeopardy

The federal government and state governments cannot prosecute you at the same time.

Law-making in Congress

Congress doesn’t get to pass or create laws retroactively.

When have politics shifted priorities in agencies?

• Ex. The focus on alcohol during prohibition.

• Ex. The “War on Drugs” required attention from every agency that could do so.

• Ex. Post-9/11 attention to threats to the country.

Deconfliction Between Agencies

Multiple agencies pursue the same types of investigations. This can lead to issues in communication and shared data (agencies have their own databases). Intelligence resources and other hubs can often serve to deconflict, but only for certain kinds of cases.

Does DHS investigate terrorism or does the FBI?

Investigative responsibility in matters of terrorism belong to the FBI– part of the Department of Justice.

What garners attention from DHS?

Anything that could cause harm to Americans:

• Weather Emergencies and natural disasters.

• Public health emergencies.

• Critical infrastructure failures.

What is FEMA?

The Federal Emergency Management Agency is responsible for coordinating the nation's response to natural and man-made disasters by helping people before, during, and after an event through preparedness, response, and recovery efforts.

What is CISA?

The Cybersecurity and Infrastructure Security Agency is responsible for working with partners at every level to identify and manage risk to the cyber and physical infrastructure that Americans rely on every hour of every day. CISA works with partners to defend against today’s threats and collaborate to build a more secure and resilient infrastructure for the future.

What was the HSAS and what is NTAS?

The Homeland Security Advisory System was the U.S.'s former color-coded terror threat alert system used until 2011, when it was replaced by the more flexible National Terrorism Advisory System (NTAS), which uses bulletins and alerts to inform the public, government, and private sector about specific, credible threats, emphasizing shared responsibility for security.

What is NIMS?

It's a common language and set of processes for all emergency responders, from local police to federal agencies, ensuring everyone speaks the same "language" during a crisis.

Border Patrol and Border Patrol Tactical Unit Relationship

Border Patrol maintains the Border Patrol Tactical Unit (BORTAC) and Border Patrol Search, Trauma, and Rescue (BORSTAR).

September 11th Commission

This commission recognized intelligence failures as having contributed to the attacks. Agencies were either withholding intelligence or not sharing that intelligence with other agencies. These agencies could’ve provided assistance in the possible investigation that could’ve prevented 9/11.

Director of National Intelligence

This position answered the inefficiencies that led to 9/11. These changes weren’t implemented by the Homeland Security Act, but rather by the Intelligence Reform and Terrorism Prevention Act of 2004.

Early Purposes of Customs Enforcement

• Historically, tariff collection was the primary concern at the country’s borders.

• Limitations on people coming and going were primarily wartime concerns– and dealt with by the Marshals during the War of 1812.

• The increasing concern with contraband in the twentieth century added a new aspect to the customs enforcement role.

  • Banned substances.

  • Child sexual abuse materials.

  • Prohibited imports and exports.

Early Immigration Law

• The earliest focus was on national security threats.

  • The Alien and Sedition Acts of 1798 were the focus.

• The Immigration Act of 1891 saw the first comprehensive immigration law, and the creation of an enforcement arm.

Immigration Law in the 20th Century

• The Immigration Act of 1903 targeted anarchists– a subtle but important change.

• A quota system was put into place in 1921 based on concerns of extensive refugee migration and extremism. This was extended and formalized in the Immigration Act of 1924.

• The quota system was continued in the Immigration Act of 1952– but included the removal of all ethnic and race-based restrictions.

• The Immigration Act of 1965– the system we know today.

  • Family reunification.

  • Labor needs.

  • Refugees

Criminal Violations of Immigration Enforcement

Crossing the border without inspection, and returning without permission after having been previously removed.

Administrative Violations of Immigration Enforcement

Inadmissibility, violation of conditions of entry, or criminal convictions that make somebody removable. The standards of proof for these non-criminal violations are far lower than the bar for criminal violations.

Why did the Secret Service come into fruition?

So many citizens were counterfeiting money, so they had to intervene. Only later did they begin protecting the president and their families.

Protection of Federal Facilities

Larger agencies often have their own uniformed services to provide patrol and security services. Contract security is commonly used to supplement officers. (Ex. Federal Protection Agency, FBI Police, Mint Police)

U.S. Marshals Service

One of the oldest agencies in the U.S. They still have primary responsibility for the preparation of the courts and court personnel.

Diplomatic Security Service

The Department of State’s law enforcement arm. They protect State facilities and personnel, and investigate crimes related to the Department.

Secret Service

• Agents provide protection to the current President and Vice-President and their immediate families, and former Presidents– as well as foreign dignitaries.

• They are responsible for providing protection for designated National Special Security Events.

• Resources move beyond “agents in dark glasses” including protective intelligence, specialized teams, and extensive coordination with other agencies.

When do agencies provide protection to people?

• Agency leaders sometimes are offered protection.

• Victims, witnesses, and locations sometimes require a higher level of security.

• Agents and officers often serve this role– although sometimes specialized training is limited.

Who investigates transportation concerns?

The Department of Transportation maintains investigators (although primarily with an OIG focus).

Who provides protection at train/rail stations?

Historically the rails had coverage by the Conrail Police and the Amtrak police.

Why were air marshals created?

These officers were introduced in 1971 in response to hijacking threats.

When and how was transportation security established?

After 9/11, the Aviation and Transportation Security Act was passed. The Transportation Security Administration was quickly created. The TSA transferred to the Department of Homeland Security after its creation in 2001.

How has TSA changed?

Airline security was transitioned from contract security to screeners of people and baggage.

What kind of arrest authority do Transportation Screening Officers have?

These officers don’t have arrest authorities or carry weapons– but can make referrals to law enforcement entities.

TSA VIPR Teams

Visible Intermodal Prevention and Response Teams allow for a highly visible armed deterrent in airports, rail, and bus stations.

FAMS (Federal Air Marshall Service)

These marshals fly covertly with the mission of ensuring that the flight deck of aircraft remain secure. They also provide criminal investigative support to the TSA– and serve on some task forces as well.

What does the Federal Bureau of Investigation (FBI) investigate?

They investigate white-collar crime (financial crimes), organized crime, hate crimes, cybercrime, bank robberies, narcotics, but technically everything. They have the jurisdiction to investigate any federally recognized crime.

What is the difference between the FBI and CIA?

The FBI looks for foreign intelligence agents conducting espionage in the United States, although the CIA oversees international intelligence. The foreign agents are on U.S. soil, therefore the FBI investigates them.

Who decides which federal agency can lead an investigation?

The U.S. Attorney’s office.

How powerful is the FBI?

They used the broadest range of support functions of any federal agency, although most are duplicated elsewhere. They also serve as the largest domestic intelligence agency– and its role shifted heavily towards intelligence after 9/11.

How have other forms of law enforcement used their investigative resources?

Specialized support resources result– including labs and response teams. Duplication of efforts remains between agencies– in a very wasteful and decentralized way.

Why is federal prosecution more attractive than municipal prosecution?

A federal route is more uniform, so crimes can be prosecuted fairly and consistently.

How does the U.S. handle international investigations?

Agencies with missions involving contraband, import, export, and the movement of people all prioritize transnational offenses. Larger agencies maintain attaché offices in embassies and consulates overseas to facilitate international investigations.

Should the U.S. law address international concerns?

On one hand, it allows the U.S. to focus on its policy priorities and engage with transnational crime more effectively. On the other, it often brushes aside international law efforts and can challenge international relationships. It can also result in the U.S. projecting power which may affect citizens of other countries.

Why was FEMA created?

This agency was created in 1979 after several disasters brought attention to coordination shortcomings.

How has FEMA’s shortcomings impacted law enforcements dedication to preparedness?

A Presidential Policy Directive in 2011 (PPD-8) instructed Homeland Security to develop National Response Framework to take all potential threats into account, and to complete an annual National Preparedness Report.

How did the government improve after the mishandling of Katrina?

The government adopted the National Incident Management System to coordinate responses between local, state, and federal authorities.

When have the actions of law enforcement personnel raised concerns of abusing their power?

Regardless of the specific domain, the power differential between officers and civilians provides the opportunity for wrongdoing.

• Narcotics investigations.

• Immigration benefits and investigations.

• The control of detained individuals.

When was a famous example of government corruption?

The 1970s saw direct concerns with government corruption that resulted from the Watergate scandal and other high-profile cases.

How did the government react to multiple cases of corruption?

The Inspector General Act of 1978– created twelve positions (and offices) intended to deal with “waste, fraud, abuse, and misconduct”. These offices are now referred to as Offices of the Inspector General.

How do agencies handle internal investigations?

• Some agencies maintain their own internal affairs divisions that handle allegations of administrative wrongdoing.

  • Things like time and attendance fraud, misuse of equipment, and non-criminal matters are considered "administrative".

  • In those instances, the Offices of Inspector General normally investigate wrongdoing that rises to the level of possible criminal prosecution.

What is intelligence?

Processed information that can be used to support law enforcement operations or in furtherance of national security. That “processing” involves the use of analytical tools, databases, and consolidation with other types of information.

What is strategic intelligence?

Intelligence relating to the “big picture”, that can help with long-term planning.

What is tactical intelligence?

This kind of intelligence provides timely, specific, and actionable information for immediate decision-making in ongoing operations, supporting field commanders or security teams with "on-the-ground" details like enemy locations, immediate threats, or specific attack methods (TTPs) to ensure mission success and safety, unlike strategic intelligence which focuses on long-term goals.

What is operational intelligence?

This kind of intelligence involves collecting and analyzing real-time data to support the planning, execution, and monitoring of ongoing missions, operations, and campaigns.

How do agencies organize their data from intelligence?

Agencies often maintain mission-specific intelligence centers to share with the rest of the law enforcement community.

How does local law enforcement gather intelligence?

The Regional Informational Sharing Session works as the designated sharing point for non-classified but sensitive law enforcement information for state and local agencies.

How does federal and local government share intelligence?

Local fusion centers enable this, and it is funded by the Department of Homeland Security for regional intelligence. The focus is more often on criminal intelligence as opposed to information relating to terrorism.

How do intelligence agencies fit into government?

Certain intelligence agencies are within larger departments. They’re responsible for gathering intelligence, not the entire department itself.

What do intelligence analysts use to investigate?

Some examples include:

• Financial / Credit databases.

• Government records.

• License plate readers / Toll transponder information.

• Cameras and facial recognition technology.

• Law enforcement incident/case management databases.

When did the government begin to identify the importance of different sectors of infrastructure?

In the 1990s, the Clinton administration started the formal process of assessing needs relating to critical infrastructure. The Department developed a National Infrastructure Protection Plan in 2006, revising it in 2009 and 2013.

Which sectors did the Presidential Policy Directive 21 formalize?

• Agriculture & Food

• Communications

• Transportation

• Chemical & Hazardous Materials Industry

• Financial 

• Commercial Facilities

• Defense Industrial Base

• Critical Manufacturing

• Dams

• Water and Water Treatment Systems

• Government Facilities

• Emergency Services

• Energy

• Nuclear Reactors, Materials & Waste

• Information Technology

• Healthcare and Public Health

How does the government support critical infrastructure?

• Each sector is assigned a Sector Risk Management Agency (SRMA).

• That agency works with other governmental entities on a Government Coordinating Council (GCC) for that sector.

• Members of that sector can choose to join the Sector Coordinating Council (SCC) to represent private sector interests.

What do Sector Risk Management Agencies do?

• Provide a point of government contact.

• Help coordinate and organize.

• Provide expertise and consulting.

• Handle statutory reporting.

What are government coordinating councils?

Federal, state, local, and tribal government entities that work to help secure each sector. They help facilitate communication and provide a central point for government efforts (including updating planning).

What are sector coordinating councils?

Made up of volunteer members of each sector, representing owners, trade organizations, and industry representatives. They facilitate communication between members of the sector. They help define the best practices.

What is CISA (Cybersecurity and Infrastructure Security Agency)?

This agency is the central point for all things critical infrastructure– and the focus on cybersecurity reflects the greatest common weak point between all of the different sectors.

Which president helped to improve federal funding?

President Harry Truman introduced mechanisms for federal funding of research, and those expanded across all federal departments and functions.

What is a Center of Excellence?

A funded entity that pursues research along certain themes.

What is DARPA?

The Defense Advanced Research Project Agency (DARPA) was founded in 1958, in response to the Soviet launch of the Sputnik satellite. Other agencies have utilized their own research project agencies, but none are as prolific. DARPA is responsible for inventions such as:

• GPS

• Voice recognition (Siri).

• Internet

How does local and state level law enforcement get funding?

These levels of law enforcement are financially supported through grants. These grants aren’t for federal law enforcement— they’re simply a way for federal law enforcement to help with funding.

What is terrorism?

An attack against people or property with an ideological component as a means to instill fear in a broader group of people.

How does the government respond to terrorism?

The government’s response therefore is generally something that Congress has the authority to legislate, particularly when foreign terrorism organizations are involved.

What is domestic terrorism?

An attack within and against one’s own country.

What is international terrorism?

An attack with extraterritorial attacks or attackers.

Who responds to terrorism in the U.S.?

State and local resources are usually closest and most substantial to respond to attacks. There are specialized federal teams across a range of disciplines.

When does federal law enforcement help with attacks?

Their resources are often best suited to help recover from a serious attack, not to suppress that attack.

Which department is primarily responsible for investigating terrorism?

The FBI.

What is a JTTF?

These groups are entities of the FBI that include participation from a range of federal, state, and local agencies.