. . . "McClellan v. Smith, 439 F.3d 137, 144 (2d Cir.2006).After the passage of the Homeland Security Act of 2002, the agencies principally responsible for policing the U.S. border-the Customs Service, the Border Patrol, and the inspection division of the Immigration and Naturalization Service-were for the first time brought under a single umbrella: the newly-created Department of Homeland Security." .