Associate Chief Counsel
Found in: beBee S US - 2 weeks ago
This position is located in the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP). The General Counsel, who is appointed by the President with the advice and consent of the Senate, is the Department's chief legal advisor and principal legal advisor to the Secretary of DHS and, has final authority and responsibility for legal policy determinations within the Department and its components.
Duties
As the Associate Chief Counsel, the incumbent is the principal legal representative of the Office of Chief Counsel, CBP, for his/her jurisdiction, and is responsible for the supervision and performance of all legal duties within the area and such other duties which may be prescribed by delegation from the Chief Counsel.
Under the general direction of the Chief Counsel and the Deputy Chief Counsel, the Associate Chief Counsel (New York) (ACC (NY)) is responsible for the direction and management of the Office of Associate Chief Counsel (New York) and the subordinate Assistant Chief Counsel offices.
The ACC (NY) has full supervisory authority over the staff in his/her territory, including all attorney and non-attorney employees. He/she is responsible for providing the full range of legal advice and representation to all CBP offices in his/her territory, including: U.S. Border Patrol (USBP); the Office of Field Operations (OFO); Air and Marine Operations (AMO); the Office of Professional Responsibility (OPR); and the Office of Trade (OT). He/she deals with top CBP officials in his/her territory and CBP officials nationwide; officials of DHS at the Department level and other Government departments; representatives of state, local, tribal and foreign governments; and attorneys from the private sector.
The ACC (NY) provides legal advice and representation on a very broad range of matters, including enforcement of all immigration, customs, and agriculture laws, rules and regulations; enforcement of U.S. laws at the U.S. border; and various Constitutional issues. He/she will deal with matters related to national security, homeland and border security, intelligence, and trade facilitation. He/she ensures the appropriate disclosure of organization information and handles tort claims under the Federal Tort Claims Act (FTCA) and Bivens. He/she provides legal advice under employment law, including the conduct of hearings before the Equal Employment Opportunity Commission, Merit Systems Protection Board and arbitrators.
The ACC (NY) performs a full range of legal duties, including supervising or personally handling: the review of the most complex civil and criminal cases before referral to the Department of Justice (DOJ), negotiation of settlements of large and important cases; the review of other very complex civil and criminal cases at the request of DOJ attorneys and/or CBP managers including such highly sensitive matters as civil rights suits against CBP officials; review of cases for possible appeal and, when appropriate, recommending appeal to a higher court through CBP, DHS and DOJ channels, including meeting with the Solicitor General's Office. He/she prepares detailed memoranda of fact and law recommending action to be taken. He/she has oversight of the preparation and presentation of complex or sensitive cases in administrative or third-party hearings, directs research activities and other preparatory efforts.
As principal attorney, he/she exercises full responsibility for development and presentation of aforementioned cases. He/she also prepares appropriate pleadings, briefs, and discovery documents, interviews witnesses and presents oral arguments as required. He/she is responsible for the formulation of the agency's legal position in all of these matters.
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