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119th Congress

Title 6 — Domestic Security

Part D · Chapter 1 — Homeland Security Organization

§ 252. U.S. Immigration and Customs Enforcement

Statutory text

(a)

Establishment

(1)

In general

There shall be in the Department of Homeland Security a bureau to be known as the “Bureau of Border Security”.

(2)

Assistant Secretary

The head of U.S. Immigration and Customs Enforcement shall be the Assistant Secretary of U.S. Immigration and Customs Enforcement, who—

(A)

shall report directly to the Under Secretary for Border and Transportation Security; and

(B)

shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience.

(3)

Functions

The Assistant Secretary of U.S. Immigration and Customs Enforcement—

(A)

shall establish the policies for performing such functions as are—

(i)

transferred to the Under Secretary for Border and Transportation Security by section 251 of this title and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or

(ii)

otherwise vested in the Assistant Secretary by law;

(B)

shall oversee the administration of such policies; and

(C)

shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of U.S. Immigration and Customs Enforcement affecting U.S. Citizenship and Immigration Services established under part E of this subchapter, including potentially conflicting policies or operations.

(4)

Program to collect information relating to foreign students

The Assistant Secretary of U.S. Immigration and Customs Enforcement shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 1372 of title 8, including the Student and Exchange Visitor Information System established under that section, and shall use such information to carry out the enforcement functions of the agency.

(5)

Managerial rotation program

(A)

In general

Not later than 1 year after the date on which the transfer of functions specified under section 251 of this title takes effect, the Assistant Secretary of U.S. Immigration and Customs Enforcement shall design and implement a managerial rotation program under which employees of such agency holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, as a GS–14 or above, shall—

(i)

gain some experience in all the major functions performed by such agency; and

(ii)

work in at least one local office of such agency.

(B)

Report

Not later than 2 years after the date on which the transfer of functions specified under section 251 of this title takes effect, the Secretary shall submit a report to the Congress on the implementation of such program.

(b)

Chief of Policy and Strategy

(1)

In general

There shall be a position of Chief of Policy and Strategy for U.S. Immigration and Customs Enforcement.

(2)

Functions

In consultation with U.S. Immigration and Customs Enforcement personnel in local offices, the Chief of Policy and Strategy shall be responsible for—

(A)

making policy recommendations and performing policy research and analysis on immigration enforcement issues; and

(B)

coordinating immigration policy issues with the Chief of Policy and Strategy for U.S. Citizenship and Immigration Services (established under part E of this subchapter), as appropriate.

(c)

Legal advisor

There shall be a principal legal advisor to the Assistant Secretary of U.S. Immigration and Customs Enforcement. The legal advisor shall provide specialized legal advice to the Assistant Secretary of U.S. Immigration and Customs Enforcement and shall represent the agency in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Homeland Security Act of 2002

    Pub. L. 107–296 title IV § 442 · 116 Stat. 2135

    Enacted · 6 U.S.C. § 252

    Pub. L. 107–296, title IV, § 442, Nov. 25, 2002, 116 Stat. 2193

    Source evidence

    Code source credit
    Pub. L. 107–296, title IV, § 442, Nov. 25, 2002, 116 Stat. 2193

    Enacted provision · exact public law section
    SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECURITY. (a) Establishment of Bureau — (1) In general.— There shall be in the Department of Homeland Security a bureau to be known as the “Bureau of Border Security”. (2) Assistant secretary.— The head of the Bureau of Border Security shall be the Assistant Secretary of the Bureau of Border Security, who— (A) shall report directly to the Under Secretary for Border and Transportation Security; and (B) shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience. (3) Functions.— The Assistant Secretary of the Bureau of Border Security— (A) shall establish the policies for performing such functions as are— (i) transferred to the Under Secretary for Border and Transportation Security by section 441 and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or (ii) otherwise vested in the Assistant Secretary by law; (B) shall oversee the administration of such policies; and (C) shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of the Bureau of Border Security that may affect the Bureau of Citizenship and Immigration Services established under subtitle E, including potentially conflicting policies or operations. (4) Program to collect information relating to foreign students.— The Assistant Secretary of the Bureau of Border Security shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), including the Student and Exchange Visitor Information System established under that section, and shall use such information to carry out the enforcement functions of the Bureau. (5) Managerial rotation program.— (A) In general.— Not later than 1 year after the date on which the transfer of functions specified under section 441 takes effect, the Assistant Secretary of the Bureau of Border Security shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, United States Code, as a GS-14 or above, shall— (i) gain some experience in all the major functions performed by such bureau; and (ii) work in at least one local office of such bureau. (B) Report.— Not later than 2 years after the date on which the transfer of functions specified under section 441 takes effect, the Secretary shall submit a report to the Congress on the implementation of such program. (b) Chief of Policy and Strategy.— (1) In general.— There shall be a position of Chief of Policy and Strategy for the Bureau of Border Security. (2) Functions.— In consultation with Bureau of Border Security personnel in local offices, the Chief of Policy and Strategy shall be responsible for— (A) making policy recommendations and performing policy research and analysis on immigration enforcement issues; and (B) coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services (established under subtitle E), as appropriate. (c) Legal Advisor.— There shall be a principal legal advisor to the Assistant Secretary of the Bureau of Border Security. The legal advisor shall provide specialized legal advice to the Assistant Secretary of the Bureau of Border Security and shall represent the bureau in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review.

  2. Pub. L. 118–96 § 3(b)(2) · 138 Stat. 1571

    Substituted · 6 U.S.C. § 252

    Pub. L. 118–96, §§ 3(b)(2)(C), 6, temporarily substituted “U.S. Immigration and Customs Enforcement” for “the Bureau of Border Security” wherever appearing. See Termination Date of 2024 Amendment note below

    Unresolved: Pub. L. 118–96 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Pub. L. 118–96, §§ 3(b)(2)(C), 6, temporarily substituted “U.S. Immigration and Customs Enforcement” for “the Bureau of Border Security” wherever appearing. See Termination Date of 2024 Amendment note below.

  3. Pub. L. 118–96 § 3(b)(2) · 138 Stat. 1571

    1. Amended · 6 U.S.C. § 252

      Pub. L. 118–96, §§ 3(b)(2)(A), 6, temporarily amended section catchline generally

    2. Substituted · 6 U.S.C. § 252

      Pub. L. 118–96, §§ 3(b)(2)(A), 6, temporarily substituting “U.S. Immigration and Customs Enforcement” for “Establishment of Bureau of Border Security”. See Termination Date of 2024 Amendment note below

    Unresolved: Pub. L. 118–96 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–96, §§ 3(b)(2)(A), 6, temporarily amended section catchline generally, substituting “U.S. Immigration and Customs Enforcement” for “Establishment of Bureau of Border Security”. See Termination Date of 2024 Amendment note below.

  4. Pub. L. 118–96 § 3(b)(2) · 138 Stat. 1571

    Struck · 6 U.S.C. § 252(a)

    Pub. L. 118–96, §§ 3(b)(2)(D)(i), 6, temporarily struck out “of Bureau” after “Establishment” in heading. See Termination Date of 2024 Amendment note below

    Unresolved: Pub. L. 118–96 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–96, §§ 3(b)(2)(D)(i), 6, temporarily struck out “of Bureau” after “Establishment” in heading. See Termination Date of 2024 Amendment note below.

  5. Pub. L. 118–96 § 3(b)(2) · 138 Stat. 1571

    Substituted · 6 U.S.C. § 252(a)(3)(C)

    Pub. L. 118–96, §§ 3(b)(2)(D)(ii), 6, which directed the temporary substitution of “affecting U.S.” for “affecting the Bureau of”, was executed by making the temporary substitution for “that may affect the Bureau of” to reflect the probable intent of Congress. See Termination Date of 2024 Amendment note below

    Unresolved: Pub. L. 118–96 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C). Pub. L. 118–96, §§ 3(b)(2)(D)(ii), 6, which directed the temporary substitution of “affecting U.S.” for “affecting the Bureau of”, was executed by making the temporary substitution for “that may affect the Bureau of” to reflect the probable intent of Congress. See Termination Date of 2024 Amendment note below.

  6. Pub. L. 118–96 § 3(b)(2) · 138 Stat. 1571

    Substituted · 6 U.S.C. § 252(a)(4)

    Pub. L. 118–96, §§ 3(b)(2)(D), 6, temporarily substituted “the agency.” for “the Bureau.” See Termination Date of 2024 Amendment note below

    Unresolved: Pub. L. 118–96 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 118–96, §§ 3(b)(2)(D), 6, temporarily substituted “the agency.” for “the Bureau.” See Termination Date of 2024 Amendment note below.

  7. Pub. L. 118–96 § 3(b)(2) · 138 Stat. 1571

    Substituted · 6 U.S.C. § 252(a)(5)(A)

    Pub. L. 118–96, §§ 3(b)(2)(B), 6, temporarily substituted “agency” for “bureau” wherever appearing. See Termination Date of 2024 Amendment note below

    Unresolved: Pub. L. 118–96 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(5)(A). Pub. L. 118–96, §§ 3(b)(2)(B), 6, temporarily substituted “agency” for “bureau” wherever appearing. See Termination Date of 2024 Amendment note below.

  8. Pub. L. 118–96 § 3(b)(2) · 138 Stat. 1571

    Substituted · 6 U.S.C. § 252(b)(2)

    Pub. L. 118–96, §§ 3(b)(2)(E)(i), 6, temporarily substituted “U.S. Immigration and Customs Enforcement” for “Bureau of Border Security” in introductory provisions. See Termination Date of 2024 Amendment note below

    Unresolved: Pub. L. 118–96 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 118–96, §§ 3(b)(2)(E)(i), 6, temporarily substituted “U.S. Immigration and Customs Enforcement” for “Bureau of Border Security” in introductory provisions. See Termination Date of 2024 Amendment note below.

  9. Pub. L. 118–96 § 3(b)(2) · 138 Stat. 1571

    Substituted · 6 U.S.C. § 252(b)(2)(B)

    Pub. L. 118–96, §§ 3(b)(2)(E)(ii), 6, temporarily substituted “U.S.” for “the Bureau of”. See Termination Date of 2024 Amendment note below

    Unresolved: Pub. L. 118–96 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 118–96, §§ 3(b)(2)(E)(ii), 6, temporarily substituted “U.S.” for “the Bureau of”. See Termination Date of 2024 Amendment note below.

  10. Pub. L. 118–96 § 3(b)(2) · 138 Stat. 1571

    Substituted · 6 U.S.C. § 252(c)

    Pub. L. 118–96, §§ 3(b)(2)(B), 6, temporarily substituted “agency” for “bureau”. See Termination Date of 2024 Amendment note below

    Unresolved: Pub. L. 118–96 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 118–96, §§ 3(b)(2)(B), 6, temporarily substituted “agency” for “bureau”. See Termination Date of 2024 Amendment note below.

1 of 11 references resolved to an enrolled provision · 10 unresolved

Notes

Amendment of Section

For termination of amendment by section 6 of Pub. L. 118–96, see Termination Date of 2024 Amendment note below.

Editorial Notes

References in Text

Part E of this subchapter, referred to in subsecs. (a)(3)(C) and (b)(2)(B), was in the original “subtitle E”, meaning subtitle E (§§ 451–462) of title IV of Pub. L. 107–296, , 116 Stat. 2195, which enacted part E (§ 271 et seq.) of this subchapter, amended sections 1356 and 1573 of Title 8, Aliens and Nationality, and enacted provisions set out as a note under section 271 of this title. For complete classification of subtitle E to the Code, see Tables.

Amendments

2024—Pub. L. 118–96, §§ 3(b)(2)(C), 6, temporarily substituted “U.S. Immigration and Customs Enforcement” for “the Bureau of Border Security” wherever appearing. See Termination Date of 2024 Amendment note below.

Pub. L. 118–96, §§ 3(b)(2)(A), 6, temporarily amended section catchline generally, substituting “U.S. Immigration and Customs Enforcement” for “Establishment of Bureau of Border Security”. See Termination Date of 2024 Amendment note below.

Subsec. (a). Pub. L. 118–96, §§ 3(b)(2)(D)(i), 6, temporarily struck out “of Bureau” after “Establishment” in heading. See Termination Date of 2024 Amendment note below.

Subsec. (a)(3)(C). Pub. L. 118–96, §§ 3(b)(2)(D)(ii), 6, which directed the temporary substitution of “affecting U.S.” for “affecting the Bureau of”, was executed by making the temporary substitution for “that may affect the Bureau of” to reflect the probable intent of Congress. See Termination Date of 2024 Amendment note below.

Subsec. (a)(4). Pub. L. 118–96, §§ 3(b)(2)(D), 6, temporarily substituted “the agency.” for “the Bureau.” See Termination Date of 2024 Amendment note below.

Subsec. (a)(5)(A). Pub. L. 118–96, §§ 3(b)(2)(B), 6, temporarily substituted “agency” for “bureau” wherever appearing. See Termination Date of 2024 Amendment note below.

Subsec. (b)(2). Pub. L. 118–96, §§ 3(b)(2)(E)(i), 6, temporarily substituted “U.S. Immigration and Customs Enforcement” for “Bureau of Border Security” in introductory provisions. See Termination Date of 2024 Amendment note below.

Subsec. (b)(2)(B). Pub. L. 118–96, §§ 3(b)(2)(E)(ii), 6, temporarily substituted “U.S.” for “the Bureau of”. See Termination Date of 2024 Amendment note below.

Subsec. (c). Pub. L. 118–96, §§ 3(b)(2)(B), 6, temporarily substituted “agency” for “bureau”. See Termination Date of 2024 Amendment note below.

Statutory Notes and Related Subsidiaries

Termination Date of 2024 Amendment

Pub. L. 118–96, § 6, , 138 Stat. 1572, provided that: “This Act [enacting section 258 of this title, amending this section and section 253 of this title and enacting provisions set out as a note under section 258 of this title] and the amendments made by this Act shall cease to have force or effect beginning on .”

Change of Name

Bureau of Border Security, referred to in section catchline and text, changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. , H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.

Credits

2002–2024 · 2 acts
  1. 2002Pub. L. 107–296, title IV, § 442, , 116 Stat. 2193
  2. 2024Pub. L. 118–96, § 3(b)(2), , 138 Stat. 1571.
Show as published

(Pub. L. 107–296, title IV, § 442, , 116 Stat. 2193; Pub. L. 118–96, § 3(b)(2), , 138 Stat. 1571.)

Parsed from the official OLRC USLM XML in data/usc_all/usc06.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t6/s252