Sponsor
Robert Garcia
Representative · D-CA
Representative · D-CA
Separates HSI into a standalone DHS entity, renames the remaining ICE component, requires new leadership and guidance, and transfers functions, personnel, records, and funds under OMB direction.
Official title: To transfer Homeland Security Investigations from U.S. Immigration and Customs Enforcement, redesignate U.S. Immigration and Customs Enforcement as U.S. Immigration Compliance Enforcement, and for other purposes.
Introduced January 23, 2025 by Robert Garcia · Last progress January 23, 2025
The bill prioritizes continuity of government functions and clearer, more centralized management (including a restructured HSI with Senate‑confirmed leadership and surveillance‑policy reporting) to avoid service gaps, but does so at the risk of higher transition costs for taxpayers, concentrated executive authority, short‑term disruption to law‑enforcement operations, and potential civil‑liberty and oversight tradeoffs.
Individuals, businesses, and state/local governments keep ongoing applications, appeals, contracts, permits, licenses, and other legal processes moving forward after functions transfer, avoiding abrupt loss of benefits or service gaps.
Federal agencies receiving transferred functions will get staff, property, records, and remaining funds to continue operations, reducing the risk of stoppages when duties move between offices.
The Act creates automatic statutory mapping/renaming and clear transfer rules so agencies and courts have fewer legal ambiguities during implementation, reducing need for corrective legislation or litigation.
Taxpayers may face higher short‑term and transition costs — from establishing new administrative units, duplicated support functions, and potential unfunded liabilities when functions move — increasing the federal bill for the reorganization.
The Act could concentrate operational authority in the executive branch by enabling broad transfers and delegated authorities with limited new congressional oversight, reducing legislative control over law‑enforcement powers.
Reorganizing HSI and transferring functions may cause short‑term disruption to investigations, interagency coordination, and case handling, producing legal uncertainty or temporary gaps in enforcement and public safety work.
Based on analysis of 11 sections of legislative text.
Reorganizes Homeland Security Investigations (HSI) as a separate, Senate‑confirmed entity inside DHS and renames the remaining ICE component as U.S. Immigration Compliance Enforcement. It requires new leadership appointments, updated investigative guidelines, interagency memoranda clarifying roles, and periodic progress reports while preserving existing legal authorities, personnel, records, contracts, and funding during and after the transfers. The bill directs OMB to carry out the transfers, allows receiving officials to use preexisting authorities to perform transferred functions, and keeps ongoing cases, orders, permits, and appeals in effect so operations continue uninterrupted. The HSI separation must be complete within two years and DHS and DOJ must complete joint reviews and issue updated public investigative guidance within that timeframe.