Turmoil erupts over merging homeland security agencies

The idea of merging the Homeland Security Department's bureaus of Immigration and Customs Enforcement and Customs and Border Protection has sparked a fierce debate within the department, creating deep divisions between those who support the idea and those against it.

"There is a whole contingent of people whose jobs depend on ICE remaining ICE, because if not, either they lose their job or their power and influence becomes greatly diluted," said an ICE special agent who asked to remain anonymous for fear of retribution.

The House Homeland Security Subcommittee on Management, Integration and Oversight will hold a hearing Wednesday to examine whether ICE and CBP should be merged. The hearing will include representatives from unions and a think tank, as well as former government officials.

ICE was created by a merger of the Customs Service, the Immigration and Naturalization Service and the Federal Protective Service.

The creation of ICE split the former Customs Service. Customs investigators were placed into ICE, along with INS investigators. But the majority of former Customs employees merged into CBP, causing a schism that has grown worse over time.

Former Customs officials have been highly critical of the influence that legacy INS has had within ICE. The former commissioner of INS, Michael Garcia, was appointed as head of ICE.

At the core of the dispute are differences between former Customs officials and former INS officials. Many ex-Customs investigators are unhappy with ICE management and want to be merged into CBP because it will reunite them with their old coleagues. But many former INS officials want ICE to remain a distinct entity because it gives them more clout and pay than they had prior to the merger.

"Now that they're talking about sliding CBP and ICE together, all those people whose career depends on INS are circling the wagons," the special agent said.

Several former Customs investigators interviewed for this story said that at the very least, former Customs employees should be reunited under CBP, even if ICE remains a distinct entity. They say that the requirement that they use the practices and systems of the former INS hurts their ability to carry out critical homeland security investigations and missions.

"To say morale is low in an understatement," said another former Customs agent. "This is a huge problem, and there are major conflicts between the now separate ICE and CBP. The bureaucratic walls have multiplied."

The idea of merging ICE and CBP also has sparked a controversy between ICE senior managers and the Federal Law Enforcement Officers Association, the largest association representing federal law enforcement officers.

The association's president, Art Gordon, sent a letter March 2 to Rep. Christopher Cox, R-Calif., chairman of the House Homeland Security Committee. In the letter, obtained by Government Executive, Gordon says FLEOA supports the merger of CBP and ICE into one agency.

An attachment to the letter listed 13 specific problems and recommendations, among them that the structure of ICE results in millions of dollars of unnecessary expenses, prevents timely and effective investigations, has created a morale problem, and has led to a mass exodus of experienced managers. The letter was also critical of INS operations and officials brought over to the new organization.

The letter raised the ire of ICE senior management and former INS officials. Gordon sent a revised letter to Cox on March 6. The revised letter, also obtained by Government Executive, omits the attachment and states that the original letter contained inaccurate information.

"My letter has stirred much controversy amongst our legacy INS members, who feel the issues presented by me unfairly portrayed them in a negative light," Gordon said. "My letter presented many issues to you which had been brought to my attention by many of our members over the past year. I was led to believe that all of these issues were accurate and factual. It has now been brought to my attention that several of these issues have been resolved and others do not accurately depict the issues at hand."

The revised letter also stated an altered position on the merger, saying that FLEOA would support the merger if Cox's committee and DHS Secretary Michael Chertoff "feel it is appropriate."

The new letter did not specify what was inaccurate in the original letter. Gordon did not return phone calls seeking comment.

ICE spokesman Russ Knocke said senior ICE management found the original letter "highly disappointing and very inaccurate."

"There was some high-level communication from ICE to FLOEA in response to that first letter," Knocke said. "We pointed out in that communication some of the inaccuracies and conveyed strong disappointment with the letter after what we feel are a series of good-faith efforts to work with that organization."

Knocke declined to comment on Wednesday's hearing. Knocke and CBP spokeswoman Christiana Halsey referred questions about a possible merger to DHS headquarters. Officials there were not immediately available for comment.

John Adler, FLEOA's vice president, said the association is not trying to take a position on the merger, but rather is trying to present the concerns of its members to DHS management and lawmakers, in order for all parties to develop solutions.

"We recognize by virtue of communication with our members that there is some tension between the respective legacy groups," Adler said.

He said FLEOA is ultimately trying to communicate that there is a major disconnect between ICE special agents and CBP uniformed officers, which results in cases not being immediately referred for investigation, and leaving ICE agents feeling as though they are a third party to investigations.

"We want to work closely with ICE and DHS to bring to their attention the issues the members raise with us, to come up with the best solution that would benefit everybody and the American people," Adler said.

ICE also is grappling with a financial shortfall that has frozen hiring for more than a year and imposed severe spending restrictions. In September, the bureau ordered its offices to refrain from nonessential spending such as travel, temporary duty assignments, equipment and supply purchases, and permanent change-of-station moves.

Last month, outgoing DHS Deputy Secretary James Loy told House lawmakers that ICE would need about $280 million more to get through the current fiscal year.

And ICE already has lost one of its original components. Last November, the Air and Marine Operations division was transferred from ICE to CBP.

Sen. Susan Collins, R-Maine, chairwoman of the Senate Homeland Security and Governmental Affairs Committee, said that the panel is aware of issues surrounding a possible merger.

"When I have talked to law enforcement officials, whether at the state, federal or local level, they have been very enthusiastic about the prospect of this merger," Collins said during a confirmation hearing Monday for Michael Jackson, who has been nominated to be deputy secretary at DHS. "On the other hand, former Undersecretary Asa Hutchinson has a contrary view that he's expressed to me, and he has told me he thinks that it would be a big mistake to merge the two bureaus."

Collins asked Jackson to "take a close look at the pros and cons" and provide the committee with findings and recommendations "within a reasonable period of time."

Jackson said he would, adding: "It's an issue that's already on my radar screen."