Can a border czar deputize any U.S. citizen for immigration enforcement?

Can a border czar deputize any U.S. citizen for immigration enforcement?

Only the Secretary of the Department of Homeland Security, under certain circumstances, can deputize agency staff, federal workers, or state or federal law enforcement to act as immigration officers—but not civilians. The DHS Secretary could be dubbed a border czar, but the two titles are not interchangeable. 

A “czar” is not generally an official title, but refers to a member of the administration or advisor who is considered an expert or authority on a particular issue. In previous administrations, positions such as the U.S. attorney and Special Representative for the Southwest Border, which require Senate confirmation, were named border czars.

President Donald Trump announced former Immigration and Customs Enforcement director Tom Homan as his administration’s “border czar.” Trump stated that Homan would be “in charge of our Nation’s Borders,” but has yet to provide a more formal title or traditional role. Homan has not undergone Senate confirmation. 

This brief responds to conversations such as this one.

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