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An Overview of HSI’s Mission and Law Enforcement Authority
Contents
Homeland Security Investigations (HSI) is an investigative arm of the Department of Homeland Security (DHS) that enforces a wide range of laws. HSI has broad legal authority to conduct criminal investigations into all types of cross-border criminal activity. This article provides an overview of HSI’s mission, organizational structure, and law enforcement powers.
HSI’s Mission
HSI’s mission is to investigate, disrupt, and dismantle terrorist, transnational, and other criminal organizations that threaten or seek to exploit the customs and immigration laws of the United States. HSI upholds and enforces these laws while protecting the United States and its people.
As the largest investigative unit within DHS, HSI leverages its broad legal authority, international footprint, and strategic partnerships to pursue criminals globally. HSI has over 10,000 employees, including more than 6,500 special agents assigned to 30+ field offices across the United States and 80+ offices in over 50 countries. This worldwide presence allows HSI to work closely with foreign law enforcement partners.
Areas of Responsibility
HSI uses its legal powers and international reach to investigate many types of cross-border criminal activity, including:
- Financial crimes
- Money laundering
- Bulk cash smuggling
- Commercial fraud and intellectual property theft
- Cybercrime
- Human rights violations
- Human smuggling and trafficking
- Immigration document and benefit fraud
- Narcotics and weapons smuggling/trafficking
- Transnational gang activity
- Export enforcement
HSI also helps combat child exploitation, protects critical infrastructure, upholds immigration laws and customs regulations, and secures the U.S. border.
HSI derives its broad law enforcement powers from the Homeland Security Act of 2002 and numerous federal statutes. This legal framework empowers HSI special agents to:
- Carry firearms
- Make arrests without a warrant for any federal offense committed in their presence or if they have reasonable grounds to believe the person has committed a felony
- Seek and execute arrest and search warrants
- Serve subpoenas and summonses
- Make warrantless searches at the border and its functional equivalent
- Conduct undercover operations
- Access tax records and banking information without a court order
- Enter into agreements with state and local law enforcement to deputize HSI agents
This broad authority allows HSI agents to vigorously pursue complex, multi-jurisdictional criminal cases that arise from cross-border activity or involve customs and immigration violations.
Key Investigative Powers
Let’s take a closer look at some of HSI’s most important investigative powers:
Title 19 of the U.S. Code grants HSI special agents authority to enforce customs laws related to the importation of merchandise into the United States. This allows HSI to investigate smuggling cases and crimes related to import/export laws.
Title 21 gives HSI authority to enforce federal narcotics laws. This empowers HSI to investigate drug trafficking, smuggling, and money laundering cases.
HSI agents can apply for court orders authorizing wiretaps during investigations. This allows them to intercept communications like phone calls and text messages during criminal probes.
Undercover Operations
HSI frequently conducts complex undercover operations to infiltrate and dismantle criminal networks. Agents go undercover to gather evidence and identify members of trafficking rings or other criminal groups.
Asset Forfeiture
HSI uses asset forfeiture laws to seize money, property, and other assets obtained through illegal activity or used to facilitate crimes. This helps dismantle criminal enterprises by depriving them of illicit proceeds.
HSI agents can participate in joint federal, state, and local task forces focused on issues like gang violence, narcotics, and human trafficking. This allows HSI to collaborate with other agencies during investigations.
Oversight and Accountability
While HSI special agents have significant authority, they are also subject to oversight mechanisms that hold them accountable:
- HSI’s Office of Professional Responsibility investigates allegations of agent misconduct and holds agents accountable for violations of law or policy.
- HSI requires supervisory approval for activities like wiretaps, undercover operations, and asset seizures.
- Prosecutors review HSI cases and can decline prosecutions if agent actions violate defendants’ rights.
- Courts review and approve HSI requests for warrants, wiretaps, and other investigative tools.
- Congress oversees HSI’s budget and operations.
This oversight aims to prevent abuse of authority and ensure HSI agents exercise their powers responsibly.
Partnerships and Information Sharing
HSI leverages partnerships and information sharing to enhance its investigative capabilities:
- HSI participates in joint federal, state, and local task forces that combine resources and expertise.
- HSI trains state/local agencies through its National Criminal Enforcement Training Center.
- HSI attaches in foreign countries partner with foreign law enforcement.
- Fusion centers help HSI share information and intelligence across agencies.
- HSI provides technological tools and databases to agencies working on joint investigations.
These partnerships give HSI access to broader resources and information during complex investigations.
Conclusion
In summary, HSI is a powerful investigative agency that combats a wide range of cross-border criminal threats. HSI agents have expansive legal authority to investigate, disrupt and dismantle transnational criminal organizations that violate U.S. laws. However, oversight mechanisms and partnerships aim to ensure HSI exercises its authority responsibly. HSI’s worldwide footprint and broad powers make it a uniquely equipped agency to enforce customs and immigration laws in the challenging 21st century threat environment.