DHS, Part 1: The Office of the Secretary and Customs and Border Protection (CBP)
Yesterday, I wrote my introduction to the Department of Homeland Security and gave a brief overview of the topics which I shall cover in my analysis of Project 2025’s plans for the Department. Today, we will cover Parts 1 and 2 as outlined yesterday: the Office of the Secretary, and Customs and Border Protection (CBP). Note, I believe that I may start using the term manifesto to describe Project 2025.
Part 1: The Office of the Secretary - Troy Edgar, Deputy Secretary of Homeland Security
The Office of the Secretary, led by the Deputy Secretary of Homeland Security, is the office which oversees DHS’ efforts to counter terrorism and enhance security, secure and manage the borders while facilitating trade and travel, enforce and administer the country’s immigration laws, safeguard and secure cyberspace, build resilience to disasters, and provide essential support for national and economic security. They do so in coordination with federal, state, local, international and private sector partners. In order to do so, the Office has multiple subsidiary offices each with a different task in achieving this goal. Though, these offices are usually led by career officials rather than political appointees. However, in order to achieve the goals, set out in Project 2025, the Heritage Foundation states that the Trump Administration should conduct an expansion of dedicated political personnel.
Expansion of Dedicated Political Personnel – Robert Edwards, Chief Human Capitol Officer
Project 2025 rightfully points out that the Secretary of Homeland Security is a presidentially appointed and Senate-confirmed political appointee. As well, the authors of this section state that, for budgetary reasons:
He or she has historically been unable to fund a dedicated team of political appointees. – pg. 136
Therefore, Project 2025 states that the next Secretary of Homeland Security must improve front-office functions by having his or her own dedicated team of political appointees selected and vetted by the Office of Presidential Personnel, which is not reliant on detailees from other parts of the department, to ensure the completion of the next President’s agenda. Though, in my opinion, this is not a good idea when you are dealing with Homeland Security due to the fact that the responsibility of the agency is to protect the homeland (it’s literally in the agency’s name). Therefore, if there was any agency in the federal government which should continue to use career officials (other than the Department of Justice to maintain its independence), it would be the Department of Homeland Security; which, as part of it’s mandate is to protect the U.S. homeland from future attacks like was seen on September 11th, 2001.
Aggressive Approach to Senate-Confirmed Leadership Positions
Project 2025 rightfully states that Senate confirmation is a constitutionally necessary requirement for appointing agency leadership, they also state that the administration may need to take a novel approach to the confirmations process to ensure an adequate and rapid transition. In order to do so, Project 2025 recommended that the administration put their nominees in their future offices in an acting capacity until they were confirmed by the senate. If they followed this approach, this would both guarantee the swift implementation of the agenda set out in Project 2025, while still honoring the confirmation process as laid out in the constitution. Though, Project 2025 states that the administration should also remove lower level but nevertheless important positions that currently require Senate confirmation from the confirmation requirement, which they point out must be done through legislation. Though, let’s be real: no politician in the United States Senate would ever willingly give up power to the administration, regardless of party.
Clearer, More Durable, and Political-Only Line of Succession
Project 2025 states that, based on previous experience, the department needs legislation to establish a more durable but politically oriented line of succession for agency decision-making purposes. Though, they state that the ideal sequence of the line of succession is debatable, except that in circumstances where a career employee holds a leadership in the department, that position should be deemed vacant for line-of-succession purposes and the next eligible political appointee in the sequence should assume acting authority. As well, they state that any officials who are in the role of Secretary of Homeland Security in an acting capacity should have the same authority to finalize agency actions, including regulations, to ensure the department’s homeland security mission is fulfilled.
Soft Closure of Unnecessary Offices – Benjamine C. Huffman, Acting Under Secretary for Management
Project 2025 reiterates their previous recommendation that the Department of Homeland Security be eliminated in this portion of the policy proposal, while also stating (correctly) that the Trump administration still has the responsibility of protecting the homeland as required by law. Therefore, they state that the Secretary (Kristi Noem) should use her discretionary leadership authority to “soft close” ineffective and problematic corners of the department (which are not listed in this manifesto). Though, they state that the secretary could, while they determine which parts should be closed, could shift personnel, funding, and operational responsibility to mission-essential components of the department, including the Office of the Secretary itself. They state that this can lead to a more efficient Department of Homeland Security, while also supporting a legislative move to shrink or dismantle the department by showing that the agency can fulfill national security-critical functions without its current bloated bureaucracy.
Restructuring and Redistribution of Career Personnel
In order to strengthen political decision-making and ensure that taxpayer dollars are being used legally and efficiently, the Secretary should make major changes in the distribution of career personnel throughout the department. As an example, they state that the secretary could move employees from offices which may be soft-closed to other workload-intensive corners of the department, including national security-critical and transparency functions. Though, they state that all personnel with law enforcement capacity should be removed immediately from office billets and deployed to field billets to maximize law enforcement capacity. Though, Project 2025 overlooks one thing: clearance. Some employees at DHS do not have the proper clearances in order to work in the stated parts of the department they want them to work in. So, they may not be able to move as easily to the new roles they propose for them.
Compliance for Grants and Other Federal Funding
Project 2025 states that the Trump Administration should take steps to restore lawfulness and integrity to the department’s massive regiment of federal grant programs. A majority of these programs are managed by the Federal Emergency Management Agency (FEMA), which the administration stated that they want to close. Though, it seems as though Project 2025 did not anticipate this, as they state that the Secretary should direct FEMA to ensure that all FEMA-issued grant funding for states, localities, and private organizations is going to recipients who are lawful actors, can demonstrate that they are in compliance with federal law, and can show that their mission and actions support the broader homeland security mission. They also state that all applicants and potential recipients of such grant funding should be required to meet certain pre-conditions for eligibility, though an exception is made for the receipt of post-disaster or nonhumanitarian funding; or, they should simply be ineligible for funding. Such preconditions may be:
Certification by applicants that they comply with all aspects of federal immigration laws, including the honoring of all immigration detainers.
Certification by applications that they are both registered with E-Verify and using E-Verify (this is the software which businesses and other organizations use to determine whether someone is eligible to work in the United States) in a transparent and non evasive manner
When it comes to states and localities, they state that all components of the government must be registered with E-Verify, and not just the applicant agency.
If the applicant is a state or locality, commitment by that state or locality to total information-sharing in the context of both federal law enforcement and immigration enforcement.
This would include access to department of motor vehicles and voter registration databases.
Non-Use of Discretionary Guest Worker Visa Authorities
In order to stop facilitating the availability of cheap foreign labor in order to support American workers (particularly poor and middle-class American workers) and follow congressional intent, the Secretary should explicitly cease using at least two discretionary authorities as part of their broader effort to support American Workers: to stop issuing H-2B (season non-agricultural) worker visas above the statutorily set cap, and not issue any regulations in support of the H-2 eligible country list, the effect of which would prevent favoring certain foreign nationals seeking an H-2 guest worker visa based simply on their nationality.
Restoration of Honesty and Transparency
Project 2025 states that, in contrast to what has happening during the entire Trump administration, the Secretary should use his or her inherent authority as leader of the department to follow up with congressional and other partners to disclose information and provide transparency that has been obstructed by the Biden Administration (this is a complete fabrication in light of what the Trump Administration has done in the context of its immigration policy). They state that the Secretary should instead proceed from the assumption that congressional inquiries and public information requests were unfulfilled and then seek to fulfill them.
Replacement of the Entire Homeland Security Advisory Committee
Project 2025 states that the Secretary should plan to quickly remove all current members of the Homeland Security Advisory Committee, which has the mission of co-ordinating the sustainment of current capabilities and governance over the Urban Area Security Initiative (UASI) Strategy, promote whole community strategic outreach and education, provide coordination in planning, and attain a regional approach to developing and implementing multiple funding streams to support UASI strategy. After removing all of the members, they state that the President should replace them as quickly as possible.
Part 2: U.S. Customs and Border Protection – Rodney S. Scott, Commissioner
The largest federal law enforcement agency of the United States Department of Homeland Security, the United States Customs and Border Protection Agency is the country’s primary border control organization and is charged with regulating and facilitating international trade, collecting import duties, while also enforcing U.S. regulations – including trade, customs, and immigration. With a workforce of more than 45,600 federal agents and officers, the CBP is by far one of the largest law enforcement agencies in the United States. As stated in the past, Project 2025 calls for all of the immigration agencies to be merged. Though, they state that, if this does not happen, then CBP should be merged with ICE to create a combined Border Security and Immigration Agency (BSIA). This would integrate critical interdiction, enforcement, and investigative resources, enhancing coordination and refocusing collective efforts on the vast and complex cross-border threats which impact the health, safety, and national security of the United States.
Clear Mission and Elimination of Prohibitive Guidance
If the combined Border Security and Immigration Agency is created by congress, Project 2025 states that BSIA should establish clear mission requirements, responsibilities, and mandates under existing law regarding the persistent need for and utilization of U.S. military personnel and resources to assist BSIA with increasing whole-of-government efforts and long-term strategy to secure the nation’s borders effectively. Though, it should be stated that this would be illegal under the 1878 Posse Comitatus Act which limits the use of the army as a posse comitatus or for federal law enforcement purposes without the approval of congress. And while the 1878 act was only limited to the Army, the 2021 National Defense Authorization Act for Fiscal Year 2022 amended the act to include the Navy, Marine Corps, and Space Force to the act. Therefore, all armed forces are forbidden from doing so under law. Though, this may change under the new law which would create the BSIA, which should be included as part of the intelligence community.
In order to do so, new legislation would need to be proposed and passed by congress to enact the changes outlined in Project 2025; though, there are parts which the administration they state should do without congress (which is in their power to do so). This includes eliminating any existing mandates which force DHS or CBP from publishing detailed border security and enforcement data not impacting intelligence, interdiction, and investigative operations, methods, or sources. And honestly, this is in line with what the administration has been doing, as evidenced by previous reports (which I have covered here on my Substack). As you know, multiple members of congress have recently been arrested or detained at ICE facilities, such as Senator Alex Padilla when he tried to question Secretary Noem at a press event in Los Angeles. Though, it should be noted the Project 2025 does state that the data should be readily available if it does not impact intelligence, interdiction, and investigative operations, methods or sources. So, these goals collide.
Use of CBP Air and Marine Operations by the Secretary – Jonathan P. Miller, Executive Assistant Commissioner
Project 2025 states that the White House should grant the authority of for Customs and Border Protection (CBP) and DHS executives to utilized component aviation assets under the CBP Air and Marine Operations (former the Office of Air and Marine). This is due to the fact that CBP and DHS have worldwide missions with personnel and facilities that are deployed across the globe and in every state in the U.S. Due to the large workforce of the Department of Homeland Security, they state that it is essential that the Commissioner and Deputy Commissioner of Customs and Border Protection, as well as the Secretary and Deputy Secretary of Homeland Security, can travel efficiently to facilities in order to maintain appropriate awareness across the department’s vast mission set and interact with the expansive workforce. They state that the administration should do so since officials are currently (though, I am unsure whether this is still the case based on current policies) not allowed to travel using CBP air and marine vehicles. And honestly, I think that this isn’t that bad of an idea for the simple reason that this would allow for classified communication to happen while the secretary is in air; which is understandable.
Merger of Border Patrol and CBP Air and Marine Operations – Michael W. Banks, Border Patrol Chief
Combined, Border Patrol and the CBP Air and Marine Operations (formerly known as the Office of Air and Marine or OAM) have approximately 21,800 personnel (20,000 at Border Patrol and 1,800 at the Office of Air and Marine). Since a majority of CBP Air and Marine Operations’ assets are dedicating to assisting Border Patrol on a regular basis, Project 2025 states that they should be combined; and if this is truly the case, I think that this is a good idea. As well, Project 2025 states that CBP should restart and expand use of the horseback-mounted Border Patrol, which has occurred already as seen by what has happened in Los Angeles. Though, what is unknown is whether or not the Secretary has cleared the records and personnel files of those who were “falsely” accused by Secretary Alejandro Mayorkas of whipping migrants and should issue a formal apology on behalf of DHS and CBP.
Merger of the Office of Trade and Trade Relations with the Office of Field Relations
The Office of Trade is the smallest component of CBP. Therefore, Project 2025 states that it should be combined with the Office of Field Operations (which has a workforce of more than 30,000). Though, their operations are interwoven, and should therefore be merged.
Notices to Appear (NTA) and Notices to Report (NTR)
Project 2025 rightly points out that CBP, ICE, and USCIS all have the authority to issue Notices to Appear (NTA) to remove aliens in their presence, which is the formal document which begins removal proceedings. Though, Project 2025 states that CBP should not do so; rather, CBP should instead detain any undocumented immigrants and hand them over to ICE, who will then give them their NTAs. Though, there are limited exceptions which the CBP would still be allowed to issue NTAs such as for humanitarian reasons; more specifically, medical reasons. Though, they also state that CBP should eliminate the use of Notices to Report (NTR) altogether. As well, Project 2025 calls for a national standard for how immigration judges should operate, which would take away judges’ independence. This is due to the fact that each jurisdiction in the United States now has different standards for detention in each CBP facility based on the jurisdiction which they fall. These standards may include the usage of tents to house detainees rather than proper facilities.
Increased Funding for Facilities
And last but not least, the recommendation Project 2025 makes for Customs and Border Protection (CBP) is that more funding be provided to them to:
Hire additional support personnel, which would relieve uniformed Border Patrol agents from administrative duties associated with processing immigrations and allow them to return to their national security mission. They call on congress to increase funding for expanding state-of-the-art technology such as Non-Intrusive Inspection equipment. This is with the goal of protecting the United States against cartels which exploit the aging facilities and lack of adequate technology to smuggle illicit drugs, contraband, and more successfully through the United States’ ports of entry (POE).
All in all, I believe we call all agree that these plans are just the start and they are already quite inhumane; this is based on the evidence we have already seen thanks to the great reporting which has been done by reports and independent news organizations which make it their mission to expose the administration for it’s human rights abuses. And while I hope to do the same in detailing the plans as outlined in Project 2025, this is just the start of my journey of exposing what the administration’s potential plans are for the future of the country if the continue with some of the established recommendations found in Project 2025. This starts with exposing some of the practices which are already occurring, and which were proposed under Project 2025 in the next section of the project which covers their plans for ICE: Immigrations and Customs Enforcement under Todd Lyons, the acting Director
Part 3: Reforms Already Appropriated in the One Big Beautiful Bill Act
Sec. 90002(a)(2) – Retention, Hiring, and Performance Bonuses
The OBBA appropriates $2.1 Billion to provide recruitment bonuses, performance awards, or annual retention bonuses, performance awards, or annual retention bonuses to eligible Border Patrol agents, Office of Field Operations agents, and Air and Marine Agents
Sec. 90002(a)(4) – Facilities
The OBBA appropriates $5 Billion for necessary expenses relating to lease, acquisition, construction, design, or improvement of facilities and checkpoints owned, leased, or operated by U.S. Customs and Border Protection as recommended by the aforementioned call by Project 2025 for Increased Funding for Facilities.
Total Appropriated
$7.1 Billion for items mentioned in this first part of my analysis of Project 2025’s plans for the Department of Homeland Security.