Homeland Security, IG battle over proposed merger

The Homeland Security Department and its inspector general's office are locked in a heated dispute over the advisability of merging two of the department's law enforcement agencies.

Department officials and the IG are trading accusations, with each side claiming the other is misrepresenting information. The quarrel throws fuel on an already divisive issue.

At issue is whether the bureaus of Immigration and Customs Enforcement and Customs and Border Protection should be merged. CBP is charged with enforcing the nation's border laws, while ICE is charged with investigating criminal activity.

The establishment of ICE and CBP as separate agencies has been contentious since the Homeland Security Department's creation in 2003. The simmering debate has been stoked, however, by a report from Inspector General Richard Skinner that unequivocally recommends a merger. DHS management argues that the agencies should remain distinct.

Government Executive reported on a draft of the IG's recommendations in September and has obtained a copy of the final version of the report, which is scheduled to be officially released by the IG's office on Tuesday. Although DHS submitted comments in response to the draft, little was changed in the final version.

DHS management and the IG's office engage in what amounts to a shootout in the final, 160-page report, disputing each other's statements in many key areas in an attempt to justify their respective positions.

The IG concludes that "the current organizational arrangement contributed to challenges in at least three major areas: coordination between apprehension and detention and removal efforts, coordination between interdiction and investigative efforts, and coordination of intelligence activities."

"The division between CBP and ICE is marked by a clear institutional barrier," the report states. "Shortfalls in operational coordination and information sharing have fostered an environment of uncertainty and mistrust between CBP and ICE personnel.

"These organizational conditions have led to the articulation of mismatched priorities, competition and, at times, operational inflexibility," the report continues.

A merger of the agencies, according to the IG, would produce one organization with a single chain of command, allowing for better coordination of missions, priorities and resources.

In comments submitted in response to the report, DHS management officials said they agree that improvements are needed in the area of apprehension, detention and removal of illegal aliens. They also acknowledged the need for better coordination between CBP and ICE with regard to intelligence sharing and investigative operations.

DHS officials, however, criticized much of the information in the report and said they "strongly disagree" that a merger is needed.

"In driving to this conclusion, the report lacks analytical rigor, and it is tainted by factual errors," stated Michael Jackson, the department's deputy secretary, in a 23-page rebuttal. "The proposed organizational solution would, in my view, actually compound many of the very problems that you identify. It would yield a protracted period of organizational churn, thus undermining operational effectiveness at CBP, ICE and the department at large."

Jackson said most of the information cited in the report predates a DHS reorganization announced in July, along with other reforms. The department also noted that the IG's office interviewed only 600 employees for the report, which is about 1 percent of the total workforce at ICE and CBP.

The IG's office responded with an 18-page rebuttal of DHS' comments.

"Where appropriate, we have made changes to the report in response to the department's observations," the IG said. "In many other cases, however, the department's concerns on points of fact were without merit, and we have indicated the basis for our conclusions to this effect."

The IG said the review "was of extraordinary scale and executed in a thoroughly professional manner." Those interviewed were senior managers and experienced employees "in positions of considerable responsibility," the IG noted.

The IG added that "many, if not most" of those interviewed agreed the two agencies should be merged.

"When we met with CBP and ICE headquarters officials to discuss our observations from our extensive fieldwork, we noted an apparent disconnect between headquarters' perceptions of what was occurring and what we observed," the IG said.