Homeland Security Act (2002)

1) Link to the Text of the Act
Read the statute (6 U.S.C. § 101 et seq.)

2) Why It Was Done
Passed in the aftermath of September 11, 2001, the Act created the Department of Homeland Security (DHS) to coordinate national efforts against terrorism, improve border security, and streamline emergency response.

3) Pre-existing Law or Constitutional Rights
Before 2002, counterterrorism and homeland security functions were spread across multiple agencies (FBI, INS, Customs, FEMA, Coast Guard). The Act consolidated them into a single Cabinet-level department.

4) Overreach or Proper Role?
Supporters argue it strengthened national security and coordination. Critics claim it centralized too much power, reduced transparency, and created new civil liberties concerns, particularly regarding immigration enforcement and surveillance.

5) Who or What It Controls

• DHS and its component agencies (CBP, ICE, TSA, FEMA, Secret Service, Coast Guard)
• State and local governments via grants and coordination programs
• Private sector partners in critical infrastructure protection

6) Key Sections / Citations

• 6 U.S.C. § 111 (establishment of DHS)
• 6 U.S.C. § 202 (responsibilities of DHS)
• 6 U.S.C. § 321d (emergency preparedness and response)

7) Recent Changes or Live Controversies

• DHS’s role in immigration enforcement remains politically divisive
• Criticism over use of DHS forces in domestic protests (2020)
• Ongoing debates about balance between counterterrorism, cybersecurity, and civil liberties

8) Official Sources

• U.S. Code – Title 6, Chapter 1
• Department of Homeland Security – About DHS

• National Security
• Terrorism
• Law Enforcement
• Immigration
• Federal Agencies