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6 U.S.C. § 258 — Transfer of functions
Federal law — U.S. Code and appendices · legal_authorities
In accordance with subchapter XII (relating to transition provisions), there shall be transferred from the Commissioner of Immigration and Naturalization to the Secretary all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 258
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Stable record: federal_law:legal_authorities:record_usc_f37ea1b877c32b207b03f9b4
Source file: Laws/federal/codes/united-states-code/title-6/section-258-transfer-of-functions--faf0664d93.md
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Source location: Title 6, Chapter 1, § 258; chapter-001-homeland-security-organization.md
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In accordance with subchapter XII (relating to transition provisions), there shall be transferred from the Commissioner of Immigration and Naturalization to the Secretary all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter, the following definitions apply:
(1) Each of the terms “American homeland” and “homeland” means the United States.
(2) The term “appropriate congressional committee” means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.
(3) The term “assets” includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
(4) The term “critical infrastructure” has the meaning given that term in [section 5195c(e) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5195c/e&num=0&edition=prelim).
(5) The term “Department” means the Department of Homeland Security.
(6) The term “emergency response providers” includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
(7) The term “EMP” means an electromagnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism.
(8) The term “executive agency” means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.
(9) The term “functions” includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
(10) The term “GMD” means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.
(11) The term “intelligence component of the Department” means any elem
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) 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 137
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 271
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Federal law — U.S. Code and appendices · legal_authorities
Page 138
TITLE 6—DOMESTIC SECURITY
§ 258
(2) the Committee on the Judiciary of the
Senate;
(3) the Committee on Appropriations of the
Senate;
(4) the Committee on Homeland Security of
the House of Representatives;
(5) the Committee on the Judiciary of the
House of Representatives; and
(6) the Committee on Appropriations of the
House of Representatives.
(Pub. L. 112–127, § 8, June 5, 2012, 126 Stat. 371.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Border Tunnel
Prevention Act of 2012, and not as part of the Homeland
Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE
Pub. L. 117–263, div. G, title LXXI, § 7134, Dec. 23, 2022,
136 Stat. 3649, provided that:
‘‘(a) COUNTER ILLICIT CROSS-BORDER TUNNEL OPER-
ATIONS STRATEGIC PLAN.—
‘‘(1) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act [Dec. 23, 2022], the
Commissioner of U.S. Customs and Border Protec-
tion, in coordination with the Under Secretary for
Science and Technology, and, as appropriate, other
officials of the Department of Homeland Security,
shall develop a counter illicit cross-border tunnel op-
erations strategic plan (in this section referred to as
the ‘strategic plan’) to address the following:
‘‘(A) Risk-based criteria to be used to prioritize
the identification, breach, assessment, and remedi-
ation of illicit cross-border tunnels.
‘‘(B) Promote the use of innovative technologies
to identify, breach, assess, and remediate illicit
cross-border tunnels in a manner that, among other
considerations, reduces the impact of such activi-
ties on surrounding communities.
‘‘(C) Processes to share relevant illicit cross-bor-
der tunnel location, operations, an
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 258
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