Border Security

From the Audio Description: "How is the coronavirus affecting immigration and security along the U.S. border with Mexico? In this episode, join host Glynn Cosker for a conversation with Sylvia Longmire, an expert in border security, immigration and Mexico's drug wars. Learn how COVID-19 [coronavirus disease 2019] has suspended immigration hearings forcing asylum seekers to stay in crowded tent camps along the border for longer periods of time as they wait for courts to reopen. Also learn about the effects on DHS's relatively new migration protocols program (MPP) that changes the way CBP [U.S. .S. Customs and Border Protection] processes asylum requests from migrants." The duration of the audio is 33 minutes.

"In January and March 2017, the President issued a series of executive orders related to border security and immigration. The orders direct federal agencies to take a broad range of actions with potential resource implications. For example, Executive Order 13767 instructs DHS to construct a wall or other physical barriers along the U.S. southern border and to hire an additional 5,000 U.S. Border Patrol agents. Executive Order 13768 instructs federal agencies, including DHS and DOJ [Department of Justice], to ensure that U.S immigration law is enforced against all removable individuals and directs ICE to hire an additional 10,000 immigration officers. Executive Order 13780 directs agencies to develop a uniform baseline for screening and vetting standards and procedures; and established nationality-based entry restrictions with respect to visa travelers for a 90-day period, and refugees for 120 days. GAO [Government Accountability Office] was asked to review agencies' implementation of the executive orders and related spending. This report addresses (1) actions DHS, DOJ, and State have taken, or plan to take, to implement provisions of the executive orders; and (2) resources to implement provisions of the executive orders, particularly funds DHS, DOJ, and State have obligated, expended, or shifted. GAO reviewed agency planning, tracking, and guidance documents related to the orders, as well as budget requests, appropriations acts, and internal budget information. GAO also interviewed agency officials regarding actions and budgetary costs associated with implementing the orders."

From the Document: "Within the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) is the lead law enforcement agency responsible for border security. It manages approximately 7,000 miles of land border and 95,000 miles of shoreline. CBP is also responsible for facilitating legitimate trade and travel through 328 land, air, and maritime ports of entry. Several offices within CBP help carry out this mission, including the U.S. Border Patrol (Border Patrol), Air and Marine Operations, and Office of Field Operations. The DHS Appropriations Act, 2017, required the Secretary of Homeland Security to submit a risk-based plan for improving U.S. border security--referred to as the Border Security Improvement Plan--to the House and Senate Appropriations Committees. [...] This report addresses the extent to which the 'Fiscal Year 2019-2020 Border Security Improvement Plan' (the 2019-2020 plan) includes the elements required by the DHS Appropriations Act, 2018, as referenced by the 2019 and 2020 appropriations acts."

From the Highlights: "Within the Department of Homeland Security (DHS), CBP [U.S. Customs and Border Protection] is responsible for securing the nation's borders and preventing the illegal flow of people, contraband, and drugs from entering the U.S. CBP has an important role in national efforts to prevent the use of illicit drugs and the misuse of prescription drugs. Specifically, CBP is responsible for interdicting drugs and working with other federal agencies to prevent their importation. GAO [Government Accountability Office] was asked to review issues related to CBP's drug seizure data and training. This report examines (1) how CBP collects and categorizes drug seizure data in its systems and monitors trends in drug seizures, and (2) to what extent CBP trains its officers and agents on the process for recording drug seizures and evaluates its training."

This is the Congressional Budget Office (CBO) Cost Estimate as ordered reported by the House Committee on Homeland Security on July 28, 2021. From the Document: "H.R. 4209 would require the Customs and Border Protection (CBP) in the Department of Homeland Security to develop a strategic plan for identifying and remediating cross-border tunnels into the United States within six months of the bill's enactment. [...] H.R. 4209 would authorize the appropriation of $1 million for each of fiscal years 2022 and 2023 for CBP to develop the strategic plan and carry out tunnel remediation operations. Using historical patterns of spending for similar programs and assuming appropriation of the authorized amounts, CBO estimates CBP would spend $2 million over the 2022-2026 period to implement the bill."

From the Legislative Language: "Section 1092 of the FY 2017 National Defense Authorization Act (NDAA), signed into law December 23, 2016, directs the Secretary of Homeland Security to provide annually to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate specific 'Metrics for Securing the Border Between Ports of Entry,' 'Metrics for Securing the Border At Ports of Entry,' 'Metrics for Securing the Maritime Border,' and 'Air and Marine Security Metrics in the Land Domain.' The NDAA further directs that the Secretary, 'in accordance with applicable privacy laws, make data related to apprehensions, inadmissible aliens, drug seizures, and other enforcement actions available to the public, law enforcement communities, and academic research communities.'"

From the Highlights: "In October 2020, in conjunction with the COVID-19 [coronavirus disease 2019] pandemic, the United States began experiencing a surge of migrants at the southwest border, adding increased risk to an unprecedented public health emergency. DHS, in addition to its broad mission, is responsible for helping detect and slow the spread of COVID-19. During this inspection, we received a referral from the Office of Special Counsel concerning the lack of COVID-19 testing at one CBP [U.S. Customs and Border Protection] location. We conducted a limited review to determine to what extent DHS has implemented measures to mitigate the spread of COVID-19 in migrants at the southwest border."

From the GAO [Government Accountability Office] Highlights: "Within the Department of Homeland Security (DHS), CBP [U.S. Customs and Border Protection] is charged with the dual mission of facilitating legitimate travel and securing U.S. borders, and TSA [Transportation Security Administration] is responsible for protecting the nation's transportation system. For both CBP and TSA, part of their inspection and screening responsibilities includes reviewing travel identification documents and verifying traveler identities. Beginning in 1996, a series of federal laws were enacted to develop and implement an entry-exit data system, which is to integrate biographic and, since 2004, biometric records for foreign nationals. This report addresses (1) the status of CBP's deployment of FRT [facial recognition technology], (2) the extent to which CBP has incorporated privacy protection principles, (3) the extent to which CBP has assessed the accuracy and performance of its FRT, and (4) the status of TSA's testing and deployment of FRT and how TSA has incorporated privacy protection principles. GAO conducted site visits to observe CBP's and TSA's use of FRT, which were selected to include all three travel environments--air, land, and sea; reviewed program documents; and interviewed DHS officials."

From the Highlights: "For decades, the U.S. southwest border has been vulnerable to cross-border illegal activity such as illegal entries, smuggling of drugs and contraband, and terrorist activities. Since 2002, DOD has supported DHS's mission to secure the nation's borders and episodically supported its efforts to manage surges in foreign nationals without valid travel documents who are seeking entry-- most recently since April 2018, when the President directed the Secretary of Defense to support DHS in securing the southwest border."

This is the January 19, 2022 hearing on "Assessing the State of America's Seaports." held before the U.S. House Subcommittee on Border Security, Facilitation, and Operations of the Committee on Homeland Security. From the opening statement of Nanette Diaz Barragan: "The purpose of today's hearing is to assess the state of our Nation's seaports. Seaports are critical to the movement of commerce and thus critical enablers of the U.S. economy, especially as the country continues its fight against the COVID-19 [coronavirus disease 2019] pandemic. As the Chairwoman of the Border Security, Facilitation, and Operations Subcommittee and the Member representing the Port of Los Angeles, the largest container port in the Nation, I understand how important it is that our seaports have the resources they need in order to support the safe and timely processing of trade and travel. [...] I look forward to hearing from our witnesses today on what assistance Congress and my subcommittee can offer to better support and resource ports. I am also interested in hearing any recommendations from our witnesses on changes that need to happen to CBP [U.S. Customs and Border Protection]'s public-private partnership program." Statements, letters, and materials submitted for the record include those of the following: Christopher J. Connor, Anthony M. Reardon, Eugene D. Seroka, Cathie J. Vick, and Richert L. Self.

This is the July 15, 2020 hearing on "Children in CBP [U.S. Customs and Border Protection] Custody: Examining Deaths, Medical Care Procedures, and Improper Spending", held before the House Committee on Homeland Security. From the opening statement of Bennie G. Thompson: "The committee is convening today to examine 3 critical related and deeply troubling issues: The terrible death of young children in the custody of Customs and Border Protection; CBP's failure to consistently implement the revised medical screening procedures it adopted after children died in its custody; and CBP's improper expenditure of the emergency funds appropriated by Congress for the care of migrants." Statements, letters, and materials submitted for the record include those of the following: Fiona S. Danaher, Roger A. Mitchell, Jr., Joseph V. Cuffari, and Rebecca Gambler.

This is the February 27, 2020 hearing titled "Examining the Effect of the Border Wall on Private and Tribal Landowners" before the House Committee on Homeland Security. From the opening statement of Kathleen M. Rice: "Over the past year, this subcommittee has sought to bring attention to the administration's misguided and dangerous border wall policy. We know the construction of a border wall will not stop the influx of drugs into our country, will be an unnecessary cost to taxpayers, and as we will discuss today, will have an irreversible impact on the rights of U.S. citizens and Native Americans." Statements, letters, and materials submitted for the record include those of the following: Reynaldo Anzaldua, Nayda Alvarez, Ned Norris, Jr., and Jim Chilton.

This is the July 13, 2020 hearing on "Oversight of ICE [Immigration and Customs Enforcement] Detention Facilities: Examining Ice Contractors' Response to COVID-19 [coronavirus disease 2019]," held before the House Subcommittee on Border Security, Facilitation, and Operations of the Committee on Homeland Security. From the opening statement of Kathleen M. Rice: "Today this subcommittee meets to examine the response to COVID-19 by 4 of the private contractors responsible for managing facilities in the U.S. Immigration and Customs Enforcement detention network. As coronavirus cases continue to spike Nation-wide, we must ensure that the contractors our Government relies on are taking every step they can to minimize the spread of COVID-19 among workers and detainees. For fiscal year 2020, Congress appropriated approximately $3.1 billion for more than 45,000 single adults and family ICE detention beds and other custody operations. Over 80 percent of these beds are operated daily by private contractors, some of whom are at this hearing today. That is a large amount of taxpayer money, which is funding a historically high number of detention beds, and it demands oversight and accountability." Statements, letters, and materials submitted for the record include those of the following: Damon T. Hininger, George C. Zoley, Scott Marquardt, and Rodney Cooper.

From the Document: "Beginning in fall 2018, the Department of Homeland Security's (DHS) CBP [Customs and Border Protection] experienced a significant increase in the number of individuals apprehended at or between U.S. ports of entry along the southwest border, resulting in overcrowding and difficult humanitarian conditions in its facilities. From December 2018 through May 2019, three children--ages 7, 8, and 16--died in CBP custody, prompting questions about CBP's medical screening and care of those in its custody. In July 2019, an emergency supplemental appropriations act (2019 Emergency Supplemental) was enacted, providing additional funds to CBP to respond to the significant increase in southwest border apprehensions, including approximately $112 million for 'consumables and medical care.' [...] Our remarks are based on our report, released today, entitled 'Southwest Border: CBP Needs to Increase Oversight of Funds, Medical Care, and Reporting of Deaths.' Specifically, we will summarize the report's key findings on (1) the extent to which CBP obligated and conducted oversight of funds for consumables and medical care; (2) steps CBP took to enhance medical care; (3) the extent to which CBP implemented and oversaw its medical care efforts; and (4) the extent to which CBP has reliable information on, and reported, deaths, serious injuries, and suicide attempts of individuals in custody."

This is the June 10, 2021 hearing on "Unaccompanied Children at the Border: Federal Response and the Way Forward," held before the U.S. House Subcommittee on Border Security, Facilitation, and Operations of the Committee on Homeland Security. From the opening statement of Nanette Diaz Barragan: "The subcommittee is meeting to hear Federal Government perspectives on addressing the challenge of unaccompanied children arriving at the U.S.-Mexico border. Today's hearing is a follow-up to this subcommittee's April hearing. We examined the care of unaccompanied children in Federal custody and received recommendations from non-governmental stakeholders on the way forward." Statements, letters, and materials submitted for the record include those of the following: David Shahoulian, Benjamine "Carry" Huffman, Katherine Dueholm, and Patrick J. Lechleitner.

This is the April 27, 2021 hearing on "Unaccompanied Children at the Border: Stakeholder Perspectives on the Way Forward," held before the House Subcommittee on Border Security, Facilitation, and Operations of the Committee on Homeland Security. From the opening statement of Nanette Diaz Barragan: "The challenge posed by children arriving at our border is not new. Unaccompanied children from Mexico, Central America, and elsewhere have long sought refuge in the United States. This is also not the first time we have seen increased numbers of unaccompanied children at our Southern Border. There were similar increases in 2014 and 2019. [...] Migrant children are undertaking the arduous, dangerous journey because conditions at home are so dire. Many hope to reunite with family living in the United States. [...] The increased number of child migrants is certainly a challenge, but the U.S. Government must provide these children with protections guaranteed to them under law." Statements, letters, and materials submitted for the record include those of the following: Aaron Reichlin-Melnick, Robert Garcia, Jennifer Podkul, and Lora Ries.

"The 2012-2016 Strategic Plan supports national-level strategies, such as the President's Strategy to Combat Transnational Organized Crime and the National Drug Control Strategy; departmental strategies, in particular the Quadrennial Homeland Security Review; and CBP-wide [U.S. Customs and Border Protection] planning and integration efforts. The Strategic Plan uses a risk-based approach to securing the border; focusing enhanced capabilities against the highest threats and rapidly responding along the border. It involves a set of objectives, strategies, and programs that use 'Information, Integration and Rapid Response' to develop and deploy new and better tactics, techniques, and procedures to achieve the Border Patrol's strategic objectives. It means being more effective and efficient by using tools and methods like change-detection techniques to mitigate risks. It also means continued integration within CBP and working with Federal, state, local, tribal, and international partners. The Strategic Plan has two interrelated and interdependent goals. In the first goal, the Border Patrol will work with its Federal, state, local, tribal, and international partners to secure the border using 'Information, Integration and Rapid Response' in a risk-based manner. 'Information' provides situational awareness and intelligence developed by blending things such as reconnaissance, sign-cutting and tracking, and technology to understand the threats faced along the Nation's borders. 'Integration' denotes CBP corporate planning and execution of border-security operations while leveraging partnerships with other Federal, state, local, tribal, and international organizations. 'Rapid Response' means the Border Patrol and its partners can respond quickly and appropriately to changing threats. The second goal of the Strategic Plan represents an investment in people and organizational capabilities. This means improving the skills and abilities of personnel, optimizing organizational structures and processes, and becoming a more mature and sophisticated law enforcement organization."

From the Executive Summary: "Under the Biden-Harris Administration, the Department of Homeland Security (DHS) has been executing a comprehensive and deliberate strategy to secure our borders and build a safe, orderly, and humane immigration system. After inheriting a broken and dismantled immigration system, since January 2021 DHS has effectively managed an unprecedented number of noncitizens seeking to enter the United States and interdicted more drugs and disrupted more smuggling operations than ever before. The legal authority for enforcing our border security and immigration laws comes from Title 8 of the U.S Code. Among other things, Title 8 provides that individuals who cross the border without legal authorization are processed for removal and, ifunable to establish a legal basis to remain in the United States, promptly removed from the country."

"The U.S.-Canada border is the longest common border in the world, and it joins two nations that enjoy one of the world's strongest relationships. With communities and businesses that reach both sides of the border, the economies and security of the United States and Canada are inextricably linked. DHS is focused on securing the U.S. northern border while expediting the flow of lawful travel, trade, and immigration. Cross-border communities contain significant populations that commute across the border every day and whose water or electrical power comes from the other country. Recognizing the cross-border nature of infrastructure and commerce is critical to DHS's ability to effectively manage the northern border. This 2012 'DHS Northern Border Strategy' (NBS) takes a Department-wide look at the northern border, considering all of DHS's authorities, responsibilities, and capabilities in developing a cross-cutting all-missions approach. The Department's three goals for the Northern Border are: 1. Deter and Prevent Terrorism, Smuggling, Trafficking, and Illegal Immigration; 2. Safeguard and Encourage the Efficient Flow of Lawful Trade and Travel; 3. Ensure Community Safety and Resiliency Before, During, and After Terrorist Attacks and Natural Disasters. To achieve these Goals, DHS will utilize five key means and methods: A. Partnerships; B. Information, Intelligence, Interdictions, and Investigations; C. Technology; D. Infrastructure; E. Personnel."

"A number of factors have significantly influenced the content of this strategic plan. CBP [Customs and Border Protection] is the Nation's frontline border agency with the dual mission of securing the Nation's borders while facilitating legitimate trade and travel. This requires protecting the Nation against cross-border violations that threaten national security, the economy, and public safety. CBP must remain vigilant in addressing these challenges and threats. CBP faces the challenge of countering criminal and terrorist exploitation of international passenger and commercial cargo transportation systems at 327 official air, land, and sea ports of entry (POEs). CBP must also prevent the illegal flow of people and contraband across approximately 7,000 miles of land border and, in partnership with the U.S. Coast Guard, approximately 95,000 miles of shoreline."

"The U.S. Customs and Border Protection (CBP) Vision and Strategy 2020 firmly establishes CBP's role as the national leader in safeguarding our borders and promoting economic prosperity. The strategy provides the foundation for a transformative course that will enhance CBP's foresight and agility to meet the increasingly global and complex challenges we face. While we continue to combat the threats of terrorism and transnational crime, safeguarding our economy by enabling lawful trade and travel remains an integral facet of our leadership role in national security. This balance between law enforcement and enhancing economic competitiveness requires a comprehensive understanding of all border threats and potential consequences; the establishment of a network of intelligence and law enforcement capabilities; and complete appreciation of our commercial partners' needs and operating protocols. CBP's innovative approaches to intelligence and targeting must anticipate and counter criminal networks that engage in diverse conspiracies that include terrorism, the importation of counterfeit or unsafe goods, drug smuggling, human smuggling and trafficking, as well as the outbound transfer of prohibited weapons and illicit bulk currency. CBP must continue its leadership role in integrating risk-informed, intelligence-based, agile and adoptable operations to advance public safety, national security, and economic prosperity. The border is a nexus to a continuum of activities that threaten the national interests of both security and prosperity. In response, CBP will lead collaborative efforts that apply multi-directional pressure on those seeking to do us harm; outside the U.S. borders, at the border, and into interior regions of the country."

From the thesis abstract: "Transnational criminal networks will continue to evolve. The United States Border Patrol's (USBP) intelligence-driven planning, resourcing, and operations need to be responsive to the constant evolution in adversary tactics, techniques, and procedures. To successfully standardize and institutionalize intelligence processes, a comprehensive evaluation was conducted on the current USBP intelligence architecture and intelligence processes. The research compared and contrasted the current Border Patrol intelligence mission with best practices, lessons learned, shared missions, and constraints within the Intelligence Community. The research focused on the synthesis of an intelligence-driven, law enforcement culture, one that will increase situational awareness and understanding of the homeland security ecosystem through efficient planning, collections, exploitation, processing, analysis, production, and dissemination of intelligence-related information to all components of the Department of Homeland Security (DHS). This study examines literature from the DHS strategic documents, Department of Defense intelligence doctrine, Government Accountability Office reports, internal USBP intelligence documents, and subject-matter expert perspectives. This research leads USBP to consider instituting an effective organizational architecture that supports the evolutionary development of its intelligence-driven, border security operations and intelligence-driven, decision-making process. The thesis concludes that the synergy between law enforcement culture and intelligence-driven operations is difficult to achieve, yet once established, it is very powerful, irreplaceable, highly effective, and self-sustainable. Evidence demonstrates that in order to institute a culture of an intelligence-driven border security agency, a more robust approach needs to be standardized to sustain the flexibility and adaptability the USBP requires to address future threats in the twenty-first century."

From the thesis abstract: "The terrorist attack in 2001 left the United States with a sense of vulnerability and generated both demand and need to protect the nation. Fortifying the border has created diminishing returns. In addition, it has created negative side effects and unintended consequences that undermine the very nature and reason for installing border fences. Immigrants have been forced into the hands of criminal organizations and are more vulnerable now than in the past. Building a wall has deterred some illicit activity, but it does not deter the motivational factors. By hardening the borderline, the U.S. has issued a challenge, practically daring anyone to attempt entry though immigration has been reduced, drug trafficking organizations (DTOs) have picked up the gauntlet thrown by the United States and are finding ingenious methods to overcome and bypass the tightening border controls. Determined and motivated people will continue to find a way, even if it takes multiple times to find loopholes and weakness in the border. Border policy has resulted in unintended consequences, specifically, attracting DTOs, stimulating innovation, creating sophisticated networks within the black market arena, and rendering the fence obsolete. The cost effectiveness of current border security practices have reached the culminating point. Policymakers need to find alternative solutions, because current methods are unsustainable."

This is the website for the Senate Committee on the Judiciary Subcommittee on Immigration, Refugees and Border Security, the jurisdiction of which includes: "(1) Immigration, citizenship, and refugee laws; (2) Oversight of the immigration functions of the Department of Homeland Security, including U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and Ombudsman Citizenship and Immigration Services; (3) Oversight of the immigration-related functions of the Department of Justice, the Department of State, the Department of Health and Human Services Office of Refugee Resettlement, and the Department of Labor; (4) Oversight of international migration, internally displaced persons, and refugee laws and policy; and (5) Private immigration relief bills." The site includes information about the chairman and ranking member, as well as hearings and news.