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Trump's border czar will be in White House, not an agency. Here's why that matters

Thomas Homan, then a senior official performing the duties of the director of Immigration and Customs Enforcement, speaks during a press conference in 2017.
Drew Angerer
/
Getty Images
Thomas Homan, then a senior official performing the duties of the director of Immigration and Customs Enforcement, speaks during a press conference in 2017.

Tom Homan, a veteran of immigration law enforcement, is set to come back from retirement in January to serve in one of the incoming Trump administration's newest roles: a so-called "border czar."

He would be the latest person to serve as border czar, underscoring the major interest in immigration and border policy for President-elect Donald Trump and his closest allies. 'Border czar' appears to be his official title, and Trump didn't have such a role in his first term in the White House.

At the helm of federal power and without the need for Senate confirmation, Homan is expected to have the ear of the incoming president and help carry out major campaign promises, such as increasing the number of deportations of undocumented immigrants and slowing the intake of new immigrants.

Homan is expected to set the agenda for how federal agencies, like the Department of Homeland Security, carry out immigration-related policies, potentially shifting the traditional chain of command within the cabinet.

"The appointment certainly signifies that the president is placing a high priority on immigration, because the description of Mr. Homan's responsibilities include both mass deportations and border security," said Doris Meissner, director of the U.S. Immigration Policy Program at the Migration Policy Center. "But the actual implementation of policy is in the statutory authorities, and in the responsibility, of cabinet agencies."

The Trump transition team did not respond to specific questions about Homan's role. Trump looks forward to delivering on his mission to be tougher on immigration "with the help of Tom Homan as border czar who will use his decades of experience in law enforcement and immigration policy to make America safe, strong, and secure once again," transition team spokesperson Colton Snedecor said.

How the position might work

Meissner recalls working with Homan in the 1990s, when they both served at the U.S. Immigration and Naturalization Service – Meissner as commissioner of the department that oversaw immigration process, enforcement and border patrol prior to the creation of the Department of Homeland Security. At the time, Homan was a border patrol agent and investigator.

"He's a very experienced operative. He knows how to get things done," Meissner said. "But all of that experience has been in settings where he's actually been able to make decisions that affect where resources are used and affect the policies and operations of law enforcement officials. That is not a border staff person in the White House."

Homan's role as "border czar" may include being a spokesperson on behalf of the administration on issues related to immigration and the southern and northern U.S. borders, Meissner said. But he would have to work with others across several cabinet agencies to see through policy changes.

The lack of institutional history and track record of the role can be both a benefit and a challenge.

"The challenges do come with the degree to which he, as border czar, has the full confidence of the president and is actually able to carry the day with the strategy that he recommends and the advice that he gives. And that remains to be seen," Meissner said.

Inside the White House

Presidents of both parties have sometimes relied on appointing "czars" to quickly coordinate policy without needing Senate confirmation. Homan would not be the first to hold the title or nickname of border czar, though former agency officials said he is the first to work directly in the White House and under direction of the president.

Roberta Jacobson, who served as coordinator for the southwest border during the first year of the Biden administration, was often called the "border czar" while she served on the National Security Council, though that was not her official White House title.

Republicans also sought to attack Vice President Harris as a failed 'border czar' during her campaign for president — though her responsibilities weren't about enforcing border security but about addressing the root causes of migration from Guatemala, Honduras, and El Salvador.

Alan Bersin served as border czar during the Obama administration. He was also border czar within the Justice Department under former President Bill Clinton, leading a crackdown on illegal border crossings.

Bersin said his role was created to have one person responsible for coordinating across agencies on enforcing immigration policy. He predicts that having the role in the White House would allow Homan to better persuade and direct others — something he struggled with under Obama.

"Other agencies tend to listen to you and feel more compelled to follow the direction that you give on behalf of the president," Bersin said. "He will be taken very seriously and there will be much more hesitation to stall or to refuse to implement policy than was often the case that I experienced."

Moving the role to work directly with the president, and changing the lines of communication and command, may help streamline policy and direct things "at a global level," said Julie Myers Wood, who was the assistant secretary of Immigration and Customs Enforcement at DHS under President George W. Bush. She said DHS officials may be reassured by Homan's experience working within the department.

Still, she said, questions remain over Homan's exact jurisdiction and how he will oversee various parts of immigration beyond the borders, such as immigration law enforcement in the interior of the country.

What Homan wants to do in the role

Homan told the TV station 7News in Watertown, N.Y., that he would report directly to the president as a kind of senior policy adviser.

"I'll be making decisions on border security and deportation," he said, adding that he will oversee and come up with a strategy for Trump's mass deportation plan, border security and interior enforcement.

Homan, who was considered one of the architects of the family separation policy during the first Trump administration, also contributed to Project 2025, a conservative plan from many Trump allies to reshape federal policy and structure. Trump has said he wasn't involved in Project 2025, though he has appointed many of its creators to prominent roles in his second term.

During an interview with CBS News' 60 Minutes, Homan said he would crack down on workplaces and employers who rely on undocumented workers and would consider bringing back a policy of separating families.

Trump supported several of Homan's past statements on how he would remove undocumented immigrants during Trump's first network interview, with NBC News' Meet the Press With Kristen Welker.

"The person that came in illegally can go out, or they can all go out together," Trump said, in reference to Homan's past statements that mixed-status families can all leave together in order to avoid separating families. "And that was made very clear by Tom Homan."

The Trump transition team didn't respond to NPR's requests for an interview with Homan in time for publication.

Role of Congress

Homan told CBS he would use targeted arrests, prioritizing those considered public safety and national security threats — though it's unclear how wide-ranging such a definition would be. In interviews, he also signaled an interest in changes to worker visas — primarily expanding access to seasonal agricultural visas for dairy farmers, which would require congressional approval.

Visa policies underscore one of the many ways the border czar will have to work with lawmakers on Capitol Hill.

"Ultimately, the buck stops with Congress," said Rebecca Shi, executive director of the American Business Immigration Coalition, which advocates for changes to immigration law. The immigration system "needs to be fixed at the congressional level, not the executive branch or the courts. Those are just temporary Band-Aids that don't actually solve the problem."

An additional factor in a border czar's success are the agency heads responsible for carrying out his plans. Trump has nominated South Dakota Gov. Kristi Noem to be secretary of Homeland Security – the department that includes Immigration and Customs Enforcement, Customs and Border Patrol and U.S. Citizenship and Immigration Services.

"If you're going to focus on immigration and in particular removal, that comes within the auspices of the agency ICE, and it really does need leadership," said Sarah Saldaña, who was the last ICE director to be confirmed by the Senate and served under Obama. "It's wonderful to have a border czar, but it doesn't cover everything that the agency does."

Saldaña emphasized that ICE is the agency with the jurisdiction by law to work on deportations and removals. Last week, Trump nominated Caleb Vitello, the current assistant director of the Office of Firearms and Tactical Programs within ICE, to lead the whole branch. He must still be confirmed by the Senate.

"It is difficult to say you're focusing on immigration if you don't even have a director of the agency," Saldaña said.

Copyright 2024 NPR

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Ximena Bustillo
Ximena Bustillo is a multi-platform reporter at NPR covering politics out of the White House and Congress on air and in print.