6 U.S.C. § 252 — U.S. Immigration and Customs Enforcement

(a) Establishment: (1) In general: The Department of Homeland Security includes a bureau called the "Bureau of Border Security." (2) Assistant Secretary: The head of U.S. Immigration and Customs Enforcement (ICE) is the Assistant Secretary of U.S. Immigration and Customs Enforcement, who (A) reports directly to the Under Secretary for Border and Transportation Security, and (B) must have at least 5 years of professional law enforcement experience and at least 5 years of management experience. (3) Functions: The Assistant Secretary of ICE (A) sets the policies for performing functions that are (i) transferred to the Under Secretary for Border and Transportation Security by section 251 of this title and delegated to the Assistant Secretary by the Under Secretary, or (ii) otherwise given to the Assistant Secretary by law; (B) oversees how those policies are carried out; and (C) advises the Under Secretary on any ICE policy or operation affecting U.S. Citizenship and Immigration Services (established under part E of this subchapter), including any policies or operations that might conflict. (4) Program to collect information relating to foreign students: The Assistant Secretary of ICE is responsible for running the program that collects information on nonimmigrant foreign students and other exchange program participants described in section 1372 of title 8, including the Student and Exchange Visitor Information System created under that section, and must use that information to carry out ICE's enforcement functions. (5) Managerial rotation program: (A) Within 1 year after the transfer of functions under section 251 of this title takes effect, the Assistant Secretary of ICE must design and put in place a managerial rotation program. Under it, ICE employees in supervisory or managerial roles classified at GS–14 or above (under chapter 51 of title 5) must (i) gain experience across all of ICE's major functions, and (ii) work in at least one local ICE office. (B) Within 2 years after that transfer takes effect, the Secretary must report to Congress on how the rotation program is being carried out. (b) Chief of Policy and Strategy: (1) In general: ICE has a position called Chief of Policy and Strategy. (2) Functions: Working with ICE personnel in local offices, the Chief of Policy and Strategy is responsible for (A) making policy recommendations and doing policy research and analysis on immigration enforcement issues; and (B) coordinating immigration policy issues with the Chief of Policy and Strategy for U.S. Citizenship and Immigration Services, as appropriate. (c) Legal advisor: There is a principal legal advisor to the Assistant Secretary of ICE. This legal advisor gives specialized legal advice to the Assistant Secretary, and represents ICE in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review.