The interdepartmental structure of the Department of Homeland Security is headed by the
Security of Homeland Security with the assistance of the Deputy Secretary. The Department of
Homeland Security is made up of several different agencies such as; Cyber Security and
Infrastructure Security Agency, Office of Intelligence and Analysis and U.S. Customs and Border
Protection. Each agency is led by a director or some form of an administrator who is essentially
in charge. Each agency under DHS is tasked in working together and being on one accord. A
budget is also assigned to each individual agency under DHS and resources are allocated as
needed.
The five missions that the Department of Homeland Security purpose and their tasks to
accomplish is making sure that the borders are secure; enforcing the country’s immigration laws;
improve the readiness for the response and recovery from disasters and unifying to department to
maintain and effectively carry out its mission. Protecting the American people from terrorist
threats is the Department’s highest priority. This effort began under the Bush Administration
when Homeland Security was founded after 9/11. This effort is better effective when everyone;
including the community, works together and utilize all resources available toward prevention
and preparedness. Securing the borders has become a mission under the current administration;
this includes southern/northern borders, air and seaports. This efforts includes deport illegal
immigrants and deterring others from crossing over illegally (Department of Homeland Secutity,
2009).
Natural disasters and the readiness for their occurrences is part of the responsibility of
DHS. Hurricanes, Tornadoes and floods are common disasters in the U.S. Hurricane Katrina
showed the country and the administration at the time, how important it was to make sure there is
a readiness for those types of natural disasters of that magnitude. The Department plays a critical
role with the community to in the stages of preparedness, response and recovery. Lastly, the
Department must unify and be on one accord. 35 locations and 22 agencies are being brought
together through a consolidation of headquarters and there is one shared mission, vision and
result based operation. (Department of Homeland Security, 2009)
Reference
Department of Homeland Security (2009) The Department’s Five Responsibility’s. Retrieved
from: https://www.dhs.gov/blog/2009/06/08/departments-five-responsibilities
Question 5
Habeas corpus is a part of the process because the writ of habeas corpus is meant to be
able to call for an examination of whether the person that is detained is being held legally. The
questions that could be asked would be; was due process followed, if the judge acted
inappropriate and railroad the defendant or if the prosecution withheld evidence that could
possible exonerate the inmate. These concerns could be raised in a habeas corpus petition. There
has to be some form of proof that supports the claims and warrants any further investigation.
This is because habeas corpus is a part of due process by law. The definition of due process is a
set of rights that are guaranteed by the constitution. Some of these rights include: fair and speedy
trial, trial by a jury and the right to counsel. Habeas corpus ensures that the right to due process
is support by action (Redish, McNamara, 2010).
In addition, habeas corpus can be strategic tool in a criminal case but only after the
appeals process has be exhausted. Under habeas corpus, a court can consider new evidence,
whereas in an appeal, no new evidence is allowed to be submitted. The Constitution does allow
for habeas corpus to be suspended in some cases but those cases are subject to interpretation.
This took place in the case Ex Parte Quirin, 317 U.S. 1 (1942). Under Article I, Section 9, of the
Constitution as one of the limits on the power of Congress it states: “The Privilege of the Writ of
Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public
Safety may require it.” (Dwyer, 2015). Congress does have the authority to suspend the Writ
when public safety is questioned and is necessary.
Reference
Dwyer, T. (2015). Legal issues in homeland security : U.S. Supreme Court cases, commentary,
and questions. Flushing, NY: Looseleaf Law Publications, Inc.
Redish, M., McNamara, C. (2010) “Habeas Corpus, Due Process and the Suspension Clause: A
Study in the Foundations of American Constitutionlism” Virginia Law Review, vol. 96,
no. 6, 2010, pp. 1361–1416. JSTOR, www.jstor.org/stable/20788830.
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