Senate Confirms Nominee to be Deputy Secretary of Homeland Security
Wednesday, April 5, 2017
The full Senate has confirmed President Trump's nominee to be Deputy Secretary of Homeland Security. Senate action confirming the nomination of Elaine C. Duke to the second-in-command position at the Department of Homeland Security (DHS) occurred on Tuesday, April 4, 2017. The Senate confirmed the nomination by a vote of 85-14. Duke will be sworn into office by Vice President Pence later today. |
The Deputy Secretary of Homeland Security is the chief operating officer of the Department, with responsibility for managing day-to-day operations. The department has over 208,000 employees and an annual budget of more than $48.5 billion. If the Secretary dies, resigns, or is otherwise unable to perform the functions and duties of the office, the Deputy Secretary is to serve as an Acting Secretary.
From an immigration perspective, the Deputy Secretary of Homeland Security oversees the Immigration and Customs Enforcement (ICE), U.S Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), Office of Immigration Statistics, and Office of Policy components of the Department.
From an immigration perspective, the Deputy Secretary of Homeland Security oversees the Immigration and Customs Enforcement (ICE), U.S Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), Office of Immigration Statistics, and Office of Policy components of the Department.
The Nominee. President Trump announced his intent to nominate Ms. Duke as Deputy Secretary of Homeland Security on Monday, January 30, 2017. At the time she was nominated, hers was the first nomination to fill any of the top positions at the DHS that have jurisdiction over some aspects of immigration, border security, or interior immigration policy or operations.
Duke replaces Alejandro Mayorkas, the most recent person to serve in the position during the Obama Administration. Mayorkas resigned his position in October of 2016. Since then, the position had been filled by an Acting Deputy Secretary.
At the time of the announcement of her impending nomination, Deputy Secretary Duke was working in the private sector. Prior to that, she had a nearly 30-year career with the federal government, most recently as the Department of Homeland Security’s Undersecretary for Management – a position she held until April 1, 2010. She also has served as the Department's Chief Procurement Officer, Deputy Assistant Administrator for Acquisition at the Transportation Security Administration (TSA), and in various positions with the U.S. Department of Defense.
Duke replaces Alejandro Mayorkas, the most recent person to serve in the position during the Obama Administration. Mayorkas resigned his position in October of 2016. Since then, the position had been filled by an Acting Deputy Secretary.
At the time of the announcement of her impending nomination, Deputy Secretary Duke was working in the private sector. Prior to that, she had a nearly 30-year career with the federal government, most recently as the Department of Homeland Security’s Undersecretary for Management – a position she held until April 1, 2010. She also has served as the Department's Chief Procurement Officer, Deputy Assistant Administrator for Acquisition at the Transportation Security Administration (TSA), and in various positions with the U.S. Department of Defense.
Senate Floor Consideration. All of the 14 senators who voted against Duke's nomination were either Democrats or caucus with Democrats. They included Senators Richard Blumenthal (D-CT), Corey Booker (D-NJ), Katherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Kirsten Gillibrand (D-NY), Harris (D-CA), Heinrich (D-NM), Markey (D-MA), Bob Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CT), Bernie Sanders (I-VT), Tom Udall (D-NM), and Elizabeth Warren (D-MA),
Confirmation Hearing. The Senate Committee on Homeland Security and Governmental Affairs held a hearing on Duke's nomination on Wednesday March 8, 2017.. During the course of the hearing, Duke came under questioning from Committee Ranking Minority Member Claire McCaskill (D-MO) and freshman Senators Kamela Harris (D-CA) and Maggie Hassan (D-NH) on the Department of Homeland Security's (DHS) immigration enforcement priorities, the cost of building a wall between the U.S. and Mexico, the wisdom of dramatically increasing the number of ICE and CBP officers, and ethical issues involving ICE and CBP officers.
Duke offered little clarity on her views on those issues. With regard to immigration enforcement priorities, though, she indicated that an ICE memo on prioritization may be forthcoming soon.
Duke offered little clarity on her views on those issues. With regard to immigration enforcement priorities, though, she indicated that an ICE memo on prioritization may be forthcoming soon.
Committee Consideration. The Senate Committee on Homeland Security and Governmental Affairs approved the nomination on Wednesday, March 15, 2017, by a voice vote, with only one senator, Senator Harris, voting against the nomination. Present for the vote were Chairman Ron Johnson (R-WI) and Ranking Minority Member Claire McCaskill (D-MO), along with Senators Rob Portman (R-OH), James Lankford (R-OK), Steve Daines (R-MT), Thomas Carper (D-DE), Jon Tester (D-MT), Heidi Heitkamp (D-ND), Gary C. Peters (D-WI), Margaret Hassan (D-NH), and Harris.
During the course of the March 15th markup session, Senator Harris explained her concerns about the nominee, saying, “I strongly support a robust Department of Homeland Security and its mission to keep our nation safe. But I also expect that the leadership at the Department will uphold the highest hiring standards and practices, maintain trust between the government and the people we serve, and execute priorities that will increase safety.
“The Deputy Secretary is not only tasked with personnel management, but will also play a central role in the execution of DHS’ goals as outlined by the current administration. After careful review of her testimony and based on my experience in law enforcement, I cannot support the nomination of Elaine Duke as the next Deputy Secretary of DHS."
Continuing, Senator Harris said, "Ms. Duke gave me no assurance that the Department would maintain their hiring standards by doing away with the polygraph test mandated by current law as part of the hiring process for the 5,000 new CBP agents – a nearly 25% increase from present day. I’m concerned that any efforts to weaken the vetting of agents poses the risk of corruption and will result in less qualified agents, as we’ve seen in previous hiring surges. According to a 2012 General Accountability Office Report, approximately 60% of applicants do not pass the polygraph test, which is more than double the average rate for other law enforcement agencies. Ms. Duke’s lack of commitment is especially troubling given the recent interactions with DHS agents, local law enforcement, and immigrant communities that have resulted in widespread fear and mistrust. We should move to improve training for this very reason – not diminish it. In addition, Ms. Duke confirmed my continued concerns that this Administration's immigration policies lack prioritization and threaten public safety. The Department should spend their limited time and resources tracking down criminals who traffic in guns, drugs, and human beings, instead of arresting undocumented immigrants who haven’t committed a crime or entertaining proposals that would indiscriminately separate parents from their children at the border.”
Senator Harris concluded her statement at the markup session by declaring that “If confirmed, I will work with Ms. Duke to protect our nation and the lives of Californians and continue to exercise my role in oversight of this Department.”
Senator Harris was the only senator to speak out against the nomination during the markup session. Speaking in favor of the nominee were committee chairman Ron Johnson (R-WI) and the panel's Ranking Minority Member, Senator Claire McCaskill (D-MO).
In voting to confirm Duke, Chairman Johnson said, “Elaine Duke has many years of management experience at DHS, and the bipartisan support of our Committee. I hope our colleagues in the Senate will act swiftly to confirm her nomination.” Ranking Minority Member McCaskill said, “There’s no room for partisan politics when it comes to protecting the United States homeland—and it’s important that our nominees for the Department of Homeland Security share that commitment,” McCaskill said. “Elaine Duke has a long and distinguished career in public service and understands the importance of keeping our nation safe.”
“The Deputy Secretary is not only tasked with personnel management, but will also play a central role in the execution of DHS’ goals as outlined by the current administration. After careful review of her testimony and based on my experience in law enforcement, I cannot support the nomination of Elaine Duke as the next Deputy Secretary of DHS."
Continuing, Senator Harris said, "Ms. Duke gave me no assurance that the Department would maintain their hiring standards by doing away with the polygraph test mandated by current law as part of the hiring process for the 5,000 new CBP agents – a nearly 25% increase from present day. I’m concerned that any efforts to weaken the vetting of agents poses the risk of corruption and will result in less qualified agents, as we’ve seen in previous hiring surges. According to a 2012 General Accountability Office Report, approximately 60% of applicants do not pass the polygraph test, which is more than double the average rate for other law enforcement agencies. Ms. Duke’s lack of commitment is especially troubling given the recent interactions with DHS agents, local law enforcement, and immigrant communities that have resulted in widespread fear and mistrust. We should move to improve training for this very reason – not diminish it. In addition, Ms. Duke confirmed my continued concerns that this Administration's immigration policies lack prioritization and threaten public safety. The Department should spend their limited time and resources tracking down criminals who traffic in guns, drugs, and human beings, instead of arresting undocumented immigrants who haven’t committed a crime or entertaining proposals that would indiscriminately separate parents from their children at the border.”
Senator Harris concluded her statement at the markup session by declaring that “If confirmed, I will work with Ms. Duke to protect our nation and the lives of Californians and continue to exercise my role in oversight of this Department.”
Senator Harris was the only senator to speak out against the nomination during the markup session. Speaking in favor of the nominee were committee chairman Ron Johnson (R-WI) and the panel's Ranking Minority Member, Senator Claire McCaskill (D-MO).
In voting to confirm Duke, Chairman Johnson said, “Elaine Duke has many years of management experience at DHS, and the bipartisan support of our Committee. I hope our colleagues in the Senate will act swiftly to confirm her nomination.” Ranking Minority Member McCaskill said, “There’s no room for partisan politics when it comes to protecting the United States homeland—and it’s important that our nominees for the Department of Homeland Security share that commitment,” McCaskill said. “Elaine Duke has a long and distinguished career in public service and understands the importance of keeping our nation safe.”
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