U.S. Border Patrol - Research Paper Example

 U.S. Border Patrol Introduction Homeland security in the USA, under the jurisdiction of the U.S. Customs and Border Protection (CBP), is the largest enforcement agency under federal administration. Under the command of the U.S. Department of Homeland Security (DHS), its primary responsibility is the protection of the U.S. This is inclusive also of its territorial boundaries, as well as other protectorates under its administration. This cabinet department, as part of the larger United States federal government, was created primarily as a response to the September 11 New York (terrorist) attacks. This further informs the cabinet department’s key role of responding, to not only terrorist attacks, but also natural disasters and human-induced accidents. This overall role of providing Americans with protection is done in the civilian sphere, within, at or outside the nation’s territorial boundaries. Within it are other agencies, vital in offering various forms of administrative duties such as: - the Citizenship and Immigration, and the Immigration and Customs Enforcement services, in addition to the crucial Homeland Security Investigations agency. Further still, was the presence of the Animal and Plant Health Inspection Service, the U.S. Customs Service, and the U.S. Border Patrol; all merged into the U.S. Customs and Border Protection. DHS current head is U.S. Jeh Johnson, Secretary of Homeland Security in the U.S (U.S. CBP, 2014). Border Patrol is essential in the overall security aspects of the U.S., in terms of human movement monitoring, animal, and products/ goods control, in addition to the prevention of drugs and arms/ ammunition entry. The DHS, as the concerned cabinet department, delegates such duties primarily to the U.S. Customs and Border Protection (CBP) agency. Having a workforce of over 45,000 sworn federal officials and agents, it is the largest law enforcer; displaying the critical importance of border patrol and security in the United States. The U.S. Customs and Border Protection Agency In addition to its primary responsibility of preventing terrorists and weapons from gaining entry into the U.S., it also has other functions as aforementioned. It is also responsible for the apprehension of individuals illegally gaining entry into the U.S. (inclusive of criminal elements); the protection of American firms from theft of intellectual property, and the stemming of illegal contraband and drugs’ flow and entry within the U.S. in addition, is the element of protecting American economic and agricultural interests from harmful diseases and pests. The diverse nature of responsibilities presented to the agency, necessitates the diverse nature of workforce input. Thus, there is the presence of not only agents and officials, but also aircraft pilots, trade and agricultural specialists, canine enforcement officials and agents, as well as mission support staff. This is broken down into the following: - more than 20,000 officers in the 300 entry ports, examining and inspecting cargo and passengers; an additional 20,000 plus Border Patrol agents, who patrol and protect the two borderline territorial boundaries with Canada (5,000 miles), and Mexico (1,900 miles), plus the presence of over 1,000 Marine and Air interdiction agents. These are intricately linked to the border patrol agents, in the essential task of preventing individuals, narcotics and weapons from gaining entry either vial air or waterways. In addition, more than 2,000 agricultural specialists are tasked with the prevention of harmful animal and plant diseases, and pests, which may eventually harm America’s food-supply and farms; or be a causal factor in agro- and bio-terrorism. The Canine Enforcement Program conducts the biggest number of working dogs, concerning law enforcement, having K-9 teams being assigned to 74 Border Patrol stations and 73 commercial ports within the nation. Summing up the agency, are the 2,500 employees, who are tasked with the collection of entry taxes and duties, by way of enforced tariff and trade laws. Their current estimation is at over $35 billion in annual collections, providing the second largest revenue allocation for the American government. Overall operations are in 327 official designated entry ports, as well as additional 14 pre-clearance locations in Ireland, the Caribbean and Canada. There is also the active engagement of the CBP concerning the Container Security Initiative, tasked with the identification and inspection of foreign cargo, before importation into the U.S (Department of Homeland Security, 2012). Enforcement Mandate and Powers It does have the mandate of assessing the terrorist risk of all passengers into the U.S., through the Joint Terrorism Task Force, in addition to systems as: - the Student and Exchange Visitor System (SEVIS), the U.S. Visitor and Immigrant Status Indication Technology (US-VISIT), and the Advance Passenger Information System (APIS). The U.S. Food and Drug Administration, acts in conjunction, in the screening of high-risk imported shipments of foods and produce. The Container Security Initiative aforementioned entails a partnership with which host nations aid in the identification and screening of containers. This is especially so, in the case of high-risk situational contexts, thus limiting the chances of entry within the U.S. Through the Secure Electronic Network for Travelers Rapid Inspection program, low-risk, pre-screened travelers from the southern neighbor state of Mexico are processed through specific dedicated lanes. NEXUS, regards a similar initiative, gradually being implemented in the northern area, with neighboring Canada. At both the state borders, the Free and Secure Trade network, utilizes pre-arrival information on shipments, as well as transponder technology, to process trucks as they cross borders. This is also true of railway shipments, travelling from Canada, where both states have an agreement on procedural measures (Hernandez, 2010). These measures are essential in enabling the CBP tackle all aspects and manner of human, animal and products/goods entry into the U.S. Through authority to search both inbound and outbound shipments, by way of the target process, various agencies are dispersed to various ports and points of entry. Authority constitutionally is found under the Tariff Act, Section 596, requiring and allowing both the forfeit and seizure of contraband products, which are stolen, clandestinely introduced or smuggled into or out of the U.S. Further powers are provided for the confiscation of controlled substances, amongst other controlled items. To be noted is that due to the intricate nature of national security, and specifically so, borderline patrol and protection, the CBP does act in conjunction with other agencies as shown above. Additionally, is the corporation with the Bureau of the Census and the Department of State about the enforcing the surrender of electronic export information. This is achieved through utility of advance information data, derived from both the Automated Export System and the Automated Targeting System. This further aids in the identification of potential cargo threats. On a grander scale, there is a working relationship with both the Departments of Defense and State. This is aimed at improving procedural measures, concerning the exportation and importation of foreign military commodities (Nuñez-Neto, 2006). Goods or merchandise may be forfeited and seized if they fall under the following categorization: - the merchandise is subject to prevailing quantitative restrictions (with the documentation present being counterfeit), or the products are repetitively or intentionally marked as having violated the marking requirements of their country of origin. In addition, this is applicable if the product or its packaging is in violation of a variety of aspects i.e. copyright, trade dress, and trade name or trademark protections. This is also true if such merchandise is lacking the requisite federal importation licensing documentation, or if such importation is prohibited or restricted as a result to safety, health or conservation policies. All the aforementioned are punishable by way of provisions constituted in the Tariff Act of 1930, Section 592. Herein, various agencies prescribe monetary penalties against individuals involved in the fraudulent importation, and or pertinent procedures of product entry into the USA. This applies to individuals who attempt to, or import, or procures or aids the importation process through presentation of fraudulent or falsified documentation. Such include false documents and statements, in addition to practices or omissions, which are concerned with known material fact. Such penalties are also applicable in contexts where revenue loss is not present. Under Section 592, infractions are therefore categorized in terms of their culpability; each stage necessitating a different maximum penalty sentence or fine. These stages are categorized in successful seriousness or gross implication i.e. Negligence, the least severe in terms of infractions and penalties, through Gross negligence and finally, outright fraud (Department of Homeland Security, 2012). Negligence which involves the failure of an individual(s) in exercising due care as required by Section 592, necessitates a maximum civil penalty amount lesser than the product’s domestic value. This is conversely equated to 2 times the total (potential or actual) revenue loss the penalty not exceeding 20% of the product’s dutiable value. Gross negligence is an omission or act, in disregard of, with wanton disregard for, or not exercising actual knowledge of the requisite facts as indicated under Section 592. Here, maximum penalty is less than domestic value, or four times of the actual or potential loss of revenue. In case of such an infraction not affecting revenue collection, this is equated to about 40% of the good’s duty value. Fraud is the most serious of acts, perpetrated intentionally, with the aim of defrauding the U.S. Department of Revenue. Here the penalty is much harsher, equating to an amount equal to the domestic duty value of the product or merchandise. Later on, the Customs Modernization Act did amend the section above, applying penalties to the falsification of information that is electronically transmitted. Thus, U.S. Customs is able to enhance its recovery of unpaid fees and taxes, which emanate from a listed 592 violations. Penalties are also applicable to importers, where there is evidence of the lack of ‘reasonable care.’ This pertains to the shared responsibility between Customs and importers, on the latter’s responsibility of making correct entry information concerning importations. This thus enables Customs to aptly rely on the accuracy of information submitted, thereby further streamlining entry procedures. The three categories display varying civil penalties, which are applicable because of various violations. There is also the presence of criminal penalties, which are applied through the criminal fraud statute found in Section 542 of the Tariff Act of 1930. Sanctions are thus placed against those found guilty of having presented falsified information, concerning customs and importation documentation (U.S. CBP, 2014). Thus, there is the provision of a fine of up to $5,000 or a maximum imprisonment of up to 2 years; or both for cases presented. Deportations are also carried out, in tandem with the Immigration department, especially concerning undocumented entry of individuals. This is significantly influential in various laws, policies and measures taken in the Southern American region, bordering Mexico. Border Patrol: Global Dynamics and Contemporary Issues Border Patrol in the U.S. is enforced by the federal government through agencies actively participating in the patrol of its borders. This is aimed at preventing unwanted/ undocumented individuals from gaining entry, or conversely leaving the U.S. without government permission or knowledge. Agents are thus, not only on the look-out for individuals, but also animals, farm produce, goods, drugs and ammunition, amongst other contraband which be gaining access into or out-of the U.S. Pertinently so, has been the Obama Administration-led policy of immigration, necessitating the deportation of over 2 million undocumented individuals. In addition, has been the continued debate on state policy and law, concerning border entry and exit points the southern state of Texas, Arizona being a prime example. A most fundamental activity of a Border Patrol Agent, regards line watch, which involves not only the detection and prevention, but also apprehension of criminals, smugglers, illegal aliens and terrorists. This is aided by the maintenance of constant surveillance, augmented by leads and responses to aircraft sightings, electronic sensor systems, as well as the following and interpreting of marks and tracks, amongst other evidence of a physical nature (Trevino, 1998). Critical amongst its duties is also the stemming of weapons, ammunition, drugs and counterfeit goods, of which drugs are the main commodity trafficked along the long Mexican border. This however does not provide the only point of entry or exit, as the U.S. is bordered by both the Pacific and Atlantic oceans. These provide maritime and aviation routes for criminal trafficking of various types of contraband. As a result the OAM, as the world’s biggest maritime and civilian aviation law enforcement agency, it is tasked with the protection of Americans and critical national infrastructure. This is from various criminal and potentially deadly acts or activities that may find an avenue though the huge geographical size of its maritime coastal boundaries. The U.S. Code gives Interdiction agents the power to enforce Title 19 and 8 of the Customs, and the Aliens and Nationality statute. This is in addition to the enforcement powers generally bestowed upon federal agents. Through its strategic role and capacity, in terms of providing tactical maritime and direct air support, it often collaborates with various other agencies. This is within the nation’s interior, maritime domain and ports of entry/exit. An effective team of 1,200 federal officials cater towards this provisional support as a core operational component of the U.S. Customs and Border Protection Agency. This is alongside both the offices of Border Patrol (OBP) and Field Operation (OFO). Currently, the ‘if you see Something, Say Something TM’ campaign is aimed at emphasizing the need of all Americans to individually and communally take the responsibility of reporting all suspicious characters and activities to the relevant authorities. This is aimed at not only stemming the surge of terrorism and terrorist activities, but also localized crime in all its forms (Nuñez-Neto, 2006). Conclusion Of particular importance is the borderline with Mexico, which is not only long, but also difficult to tackle, due to the prevailing porous terrain. Thus, it has and continues to provide the best illegal channels of entry, for not only illegal undocumented aliens, but also firearms, drugs and other contraband. Ultimately though, is the clear reminder that any lapse in borderline control, investigation, security and protection, can cause detrimental impacts in terms of homeland security, individual protection and community protection. Due to the delicate nature of international relations and politics, as influenced by America’s standing amongst world states, the continuous safety of its borders and territorial boundaries is critical to its very survival and development. References Department of Homeland Security. (2012, April 17). News (Written Testimony). DHS [311 Cannon], retrieved from: https://www.dhs.gov/news/2012/04/17/written-testimony-us-customs-and-border-protection-house-homeland-security Hernandez, K.L. (2010). Migra! A History of the U.S. Border Patrol. California, University of California Press. Nuñez-Neto, B. (2006). Border Security: The Role of the U.S. Border Patrol. Congressional Research Service. Trevino, J.A. (1998). Border violence against illegal immigrants, and the need to change the border patrol’s current complaint review process. Houston Journal of International Law, 21(1): 85–114. U.S. CBP. (2014). Border Patrol Overview [Mission]. U.S. Customs and Border Protection, retrieved from: http://www.cbp.gov/border-security/along-us-borders/overview Read More