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A Course Correction for Homeland Security: Curbing Counterterrorism Abuses

April 20, 2022

In the wake of 9/11, Congress established a new cabinet agency with a singular mission: to keep the country safe from terrorism. The Department of Homeland Security (DHS) brought together 22 agencies with disparate functions under one roof. Two decades on, it struggles to carry out its work effectively and equitably.With the Homeland Security Act of 2002, Congress tasked the new department with keeping the country safe from terrorist attacks. DHS carved out a role for itself in two main areas: partnerships with state, local, tribal, and territorial authorities and screening of travelers and immigrants.Section I of this report identifies the agency's counterterrorism collaborations with state and local authorities and private firms. These programs have routinely surveilled American Muslims, traumatizing entire communities and casting them as hotbeds of terrorism. DHS agents have deployed these very tools against protestors, activists, and journalists.Section II turns to travel and immigration screening programs. DHS has accumulated vast stores of information about people who travel into, out of, and over the United States. The Transportation Safety Administration (TSA) and Customs and Border Protection (CBP), among other DHS components, use this data to draw inferences about them, document their movements, and subject them to warrantless searches and interrogations. Agents do all of this without suspicion of potential wrongdoing. Unsurprisingly, reports of religious or ethnic profiling are common.Section III analyzes DHS's oversight infrastructure. Three primary offices — the Privacy Office, the Office for Civil Rights and Civil Liberties (CRCL), and the Office of Inspector General (OIG) — have curbed some of the department's transgressions. But they have allowed many other civil rights and civil liberties violations to continue.Finally, this report identifies five avenues for reform: stronger safeguards against profiling; better protections for privacy and free expression; rigorous evaluations of program efficacy; meaningful transparency about data holdings and the implications DHS programs have for civil rights and civil liberties; and more robust internal oversight. Forthcoming Brennan Center reports will delve into these recommendations in greater detail.

A Proposal for an NYPD Inspector General

October 9, 2012

This report focuses on oversight of the NYPD's intelligence operations. Although a number of substantive legal rules set the boundaries of these types of programs, history has shown that it is exceedingly difficult to ensure that intelligence agencies adhere to these limits. Intelligence gathering, by its very nature, is clandestine and details of operations often cannot be publicly revealed. And while law enforcement agencies should be proactive in their approach to crime and terrorism, broad powers to collect intelligence in pursuit of these goals can, and have historically, bled into abuse.

Rethinking Radicalization

March 8, 2011

Examines how the intelligence community and law enforcement agencies view the risk of homegrown terrorism and how the "religious conveyor belt" theory shapes government efforts, even though no one factor marks would-be terrorists. Makes recommendations.