U.S. Code » Title 6 » Chapter CHAPTER 1— HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER IV— BORDER, MARITIME, AND TRANSPORTATION SECURITY › Part Part A— Border, Maritime, and Transportation Security Responsibilities and Functions

6 U.S.C. § 202

Border, maritime, and transportation responsibilities

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The Secretary shall be responsible for the following:(1) Preventing the entry of terrorists and the instruments of terrorism into the United States.(2) Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating those functions transferred to the Department at ports of entry.(3) Carrying out the immigration enforcement functions vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the date on which the transfer of functions specified under section 251 of this title takes effect.(4) Establishing and administering rules, in accordance with section 236 of this title, governing the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the United States.(5) Establishing national immigration enforcement policies and priorities.(6) Except as provided in part C of this subchapter, administering the customs laws of the United States.(7) Conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary of Homeland Security under section 231 of this title.(8) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.(Pub. L. 107–296, title IV, § 402, Nov. 25, 2002, 116 Stat. 2177; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(ii)(II), Feb. 24, 2016, 130 Stat. 211.)Editorial NotesReferences in Text

Part C of this subchapter, referred to in par. (6), was in the original “subtitle C”, meaning subtitle C (§ 421 et seq.) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2182, which enacted part C (§ 231 et seq.) of this subchapter and amended sections 2279e and 2279f of Title 7, Agriculture, and sections 115, 44901, and 47106 of Title 49, Transportation. For complete classification of subtitle C to the Code, see Tables.

The customs laws of the United States, referred to in par. (6), are classified generally to Title 19, Customs Duties.

Amendments

2016—Pub. L. 114–125 substituted “Border, maritime, and transportation responsibilities” for “Responsibilities” in section catchline and struck out “, acting through the Under Secretary for Border and Transportation Security,” after “The Secretary” in introductory provisions.

Notes of Decisions
Cited in 207 cases (33 in the last 5 years), 2003–2026 · leading case: State of Texas v. USA
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State of Texas v. USA (2015) ca5 · cites it 10× “186 Likewise, the broad grants of authority in 6 U.S.C. § 202 (5), 187 8 U.S.C. § 1103 (a)(3), 188 and 8 U.”
Regents of the Univ. of Cal. v. U.S. Dep't of Homeland Sec. (2018) ca9 · cites it 5× “6 U.S.C. § 202 (5) (charging the Secretary of Homeland Security with "[e]stablishing national immigration enforcement policies and priorities").”
Casa De Md. v. U.S. Dep't of Homeland SEC. (2019) ca4 · cites it 5× “2015); see 6 U.S.C. § 202 (5) (charging the Secretary of Homeland Security with “[e]stablishing national immigration enforcement policies and priorities”).”
Department of Homeland Security v. Regents of Univ. of Cal. (2020) scotus · cites it 2× “2178 , 6 U.S.C. § 202 (5). But Duke's memo offers no reason for terminating forbearance.”
State of Texas v. USA (2015) ca5 · cites it 6× “Likewise, we do not construe the broad grants of authority in 6 U.S.C. § 202 (5), 87 8 U.S.C. § 1103 (a)(3), 88 or § 1103(g)(2) 89 as assigning unreviewable “decisions of vast ‘economic and political significance’” 90 to an agency.”
Doe v. Trump (2017) wawd · cites it 6× “) Despite suspending over 40 percent of all refugees currently admitted under USRAP, 24 the Agency Memo itself provides no statutory basis for the 90-day SAO suspension.”
Texas v. United States (2015) txsd · cites it 5× “§ 1103 (a)(3) (the “INA Provision”) and 6 U.S.C. § 202 (the Homeland Security Act of 2005 (“HSA”)) (the “HSA Provision”).”
Arizona Dream Act Coalition v. Janice Brewer (2017) ca9 · cites it 2× “” 6 U.S.C. § 202 (5). The Department of Homeland Security regulations describe deferred action as “an act of administrative convenience to the government which gives some cases lower priority.”
United States v. Mondragon-Santiago (2009) ca5 “§ 1326 and 6 U.S.C. §§ 202 and 557. In the presentence report (PSR), the probation officer assessed a sixteen-level enhancement under U.”
Angelo Bobadilla v. State of Indiana (2019) ind · cites it 2× “See also 6 U.S.C. § 202 (transferring authority for immigration matters to the Secretary of Homeland Security).”
Arizona v. Biden (2022) ca6 · cites it 2× “” 6 U.S.C. § 202 (5). On September 30, 2021, the Secretary exercised this power by issuing “Guidelines for the Enforcement of Civil Immigration Law.”
Jesus Lopez Silva v. United States (2017) ca8 · cites it 2× “In light of legislation transferring functions of the former Immigration and Naturalization Service to the Department of Homeland Security, 6 U.S.C. §§ 202 , 251, 557, the statutory reference to “Attorney General” now means the Secretary of the Department of Homeland Security.”
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— 6 U.S.C. § 202(3) — 1 case
United States v. Maria Nava (2023) ca8
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