Memorandum 2: Homeland Security POLS 4460 Summer 2009 Jocelyn McDuffie Rachel Wilkinson Vasily Lantukh Table of Contents: I Executive Summery II Border Security: Securing North and South Borders III Border Security: Domestic Terrorism IV Border Security: Illegal Immigration and Commerce I Executive Summary The United States has rarely seen attacks on its own soil, but after September 11, 2001, the country was faced with the reality that the first line of defense against terrorists is the protection of our borders. Protecting the borders of the United States is important because so many people seek refuge into the country in hopes of a better life. Not everyone who wishes to enter the U.S. has the same sentiments. This paper covers general information about border security in the United States. It covers the main agencies that are in place to keep America protected. The paper also discusses the issues that are within the U.S. borders. The presence of terrorists cells within the United States is alarming. The evidence of these terrorists cells shows that there could be improvements in border security that would keep people from entering the U.S. who seek to be a part of the terrorists cells. Another issue that is addressed in the paper is the drug cartels that operate within the U.S. Drugs cartels are harmful because the money that is raised by the selling of the drugs can be used to buy weapons. The money could also aid in fundraising for terrorist groups. Overall, the borders of the United States are important and should be at the top of list of any national security policy. II. “The challenge of our borders is relatively simple on paper. We must allow legal travelers and legal cargo in, and we must keep illegal and potentially dangerous people and cargo out. That simple equation is complicated by sheer magnitude of the mission.” -Michael Chertoff (Secretary, Dept. of Homeland Security 2005-2009) Following the attacks of September 11, 2001, the importance of the United States borders was pushed to the forefront of national security. A country that once felt that it was invisible of such a gruesome attack on its own soil now saw the importance of keeping its borders heavily protected. Border security has always been a part of policy that has kept Americans safe but it is not an easy task. Echoing the sentiments of Michael Chertoff, the task of border security looks like a simple plan on paper but the actual task is far more complicated. Concerns about illegal immigrants can sometimes overshadow the true importance of border security, and that is protecting the country from those who seek to harm the United States. (CBP 7) Border security in the United States consists of protecting the surrounding borders of the country from those trying to enter that could cause possible harm. Currently, border security falls under the responsibilities of the Department of Homeland Security (DHS). The Department of Homeland Security was created after 9/11 to combine former government agencies that held different specified responsibilities to protect the U.S. The consolidation of the agencies included the U.S. Customs and Border Protection and other agencies that had the purpose of guarding the borders of the U.S. Although the DHS has been designated as the main department that protects the country, the U.S. Customs and Border Protection agency is the sub-agency that oversees our land borders. The U.S. Customs and Border Protection (CBP) agency is the main protector of the north and south borders of the United States. The CBP not only oversees the land routes of travel into the U.S., but they also oversee the air and see travel routes as well. The routes that allow entrance into the U.S. are called ports of entry (POEs). The purpose of the CBP is to ensure that the POEs are guarded and protected. The CBP has a plan called “Protecting America” that lists six goals that are to be implemented in achieving a safer America. The six goals are preventing terrorism at ports of entry; preventing terrorism between ports of entry; unifying as one border agency; facilitating legitimate trade and travel; protecting America and its citizens and; modernizing and managing. (CBP 3) These six goals are similar to the DHS plan. The DHS lists four goals to protecting America in its plan “Securing Our Homeland.” The four goals listed by the DHS are protecting the American people, society and economy; promoting national resilience; collecting, creating, analyzing and sharing reliable information and intelligence with stakeholders; and structuring a unified department. (CBP 3) Aside from the agencies that protect the borders and ports of entry, border policy makes a significant impact on how safe our borders will be. In the early nineties, border security saw a shift in operation following the 1993 World Trade Center bombing. Border inspectors who once felt that their job was more service-orientated saw their role become more “enforcement” like. (Wasem 5) The threats of an attack on U.S. soil made a lot of lawmakers realize that border security not only needed to focus on illegal immigrants but also on the threat of people seeking entry only to do harm. The threat of the 1993 WTC bombing was minuscule to the events of 9/11 and that is when border security saw its biggest change and challenge. After 9/11 more specific steps were taken to improve border security. Border patrol saw its biggest improvement in its airport travel. Due to the fact that the attacks that happened involved airplanes as weapons and that air travel is the most popular method of foreign born people to enter the U.S., it made sense to put air travel as top priority. Some of the most noted changes to air travel were the implementation of screening checked baggage, carry-on luggage, and passengers. Those traveling via airplane had to conform to new rules and regulations, but most U.S. citizens felt that the measures that were being taken were necessary. The September attacks also brought for the formation of Northern Command (NORTHCOM). NORTHCOM was created to fill a security gap in civil aviation which was the inability to force down the flights that were used in the terrorist attacks. (Riley 591) As a last resort, NORTHCOM has the ability to shot down a flight that appears to be a threat to U.S. targets. Some other measures that have been taken to protect the borders have been the passage of several acts of legislation. The Maritime Transportation Safety Act of 2002 was passed and it required that all ships and shipping port facilities have a response and security plan. The required plans would have to aid in prevention of breaches in sea port security, and the plan also had to include a plan to help in recovery of situations that were not able to be prevented. While many people view our land and air borders as slightly more significant, the importance of protecting what comes and goes in and out our sea ports is just as important. Many goods from foreign lands enter the U.S. via cargo ship daily. The risk of a terrorist group smuggling harmful agents into the United States by means of cargo ship is possible, so heavy border patrol is needed at the sea ports as well as our airports and land ports of entry. Today, the presence of border security patrol is at its highest. The fear of another 9/11 spawned quick actions to be taken at the U.S.-Mexico border and the U.S.-Canada border. The CBP supplies both borders with inspectors whose job it is to make sure that individuals wishing to enter the U.S. have proper documentation and are not trying to bring harmful goods into the United States. The CBP has divided border patrol into sectors to properly distribute the parts of the borders that need the most guarding. Below is a map that shows the division of the sectors. The U.S.-Mexico border has smaller sectors while the U.S.-Canada border has fewer sectors and the sectors that are present cover more land area. Some view this as a discrepancy that could possibly lead terrorists to believe that it is easier to enter the U.S. through the Canadian border than the Mexican border. This discrepancy has also lead to many debates over whether the U.S. is too lenient with the people that cross the U.S.-Canada border. This leniency can be harmful to the safety of the American people because those who see more deterrence at the U.S.-Mexico border then choose to find a way to get into the United States through the northern border. While the Mexican border seems to be busier with more ports of entry, the Canadian border sees just as much traffic. The Canadian Press recently released an article that covers a study that suggests that there is flexibility at the Canadian border. In the article Corey Williams talks about how border security for both the Mexican border and Canadian border is a “one-size fits-all.” (Williams 2009) Although the overall plan is to keep the borders safe, Chidley argues that there must be two plans of action in regards to how each border is protected. The U.S.-Mexico border sees more foot traffic whereas the Canadian border does not. Also there is a larger margin of people trying to enter the Mexican border illegally than there is the Canadian border. Chidley suggests that the Canadian government needs to work with the Obama Administration to create a plan that would better suit the situation for the U.S.-Canada border. While the situation may be different than the border situation in Mexico, some argue that Canadian government needs to “beef up” their asylum system. The threat of a terrorist entering the U.S. through the U.S.Canada border seems more likely to happen due to the fact that Canada has a more liberal system of allowing people to seek refuge in its country. A more alarming fact is that according to the Canadian Security Intelligence Service, “With the possible exception of the United States, there are more international terrorist organizations active in Canada than anywhere in the world.” (Riley 606) The reality is that border patrol is not as prevalent on the Canadian border as it is the Mexican border. The presence of terrorist groups in Canada is alarming and the fact that there are so many loopholes in getting pass border control on the northern border is reason to work with the Canadian government to ensure that their plan fits our border security plan. The challenges at the U.S.-Mexican border get more media attention than the issues with the Canadian border. This is due to the big debate over illegal immigration. Border security is dominant on the southern border because our policies favor keeping illegal immigrants from Mexico out. The flaws in our border security plan have allowed thousands of immigrants from Mexico to continue to enter the U.S. This can be seen as a threat to the United States national security because the methods that illegal immigrants from Mexico use to enter the U.S. could easily be used by terrorists groups. There are more checkpoints on the southern border, but there are still ways for people to enter the U.S. illegally. The unregulated parts of the Mexican border have been used by drug smugglers for years, and these same routes of travel (i.e. underground tunnels) could be used by terrorist to smuggle in bombs or other harmful goods. In terms of national security, illegal immigration is seen as a threat because the U.S. has not found a solid plan to keep such a huge flow of illegal aliens from entering the country. Not all illegal immigrants seek to harm the United States, but the possibility of even one illegal immigrant turning into a terrorist is enough to make the U.S. government continue to explore a soundproof plan to protect the borders. In order for the United States to protect its borders there needs to be an agreement among both Canada and Mexico. Cooperation with the two countries would aid in the U.S. being able to create better policy that would work because Mexico and Canada are on board to enforce the policy. Border security is not an easy task when you have so many people trying to enter the country for a better life. The hard task is separating those who seek to better themselves from those who only come to America to cause trouble. Riley, K. Jack. “Border Control.” Rand Reprint. 2006. (587-612) U.S. Customs and Border Protection. Office of Field Operation Strategic Plan FY 2007-2011. “Securing American’s Borders at Ports Entry.” Washington, DC. (Sept. 2006) (1-60) Flynn, Stephen E. “Beyond Border Control.” Foreign Affairs. 79:6 (Nov.-Dec 2000) (pp. 57-68) Border Patrol Sector Map accessed via www.cbp.gov on July 8, 2009. Williams, Cory. “Study suggests flexibility at U.S.-Canadian border…” The Chronicle Journal. July 13, 2009. Wasem, Ruth Ellen; Lake, Jennifer; Seghetti, Lisa. “Border Security: Inspections Practices, Policies and Issues.” CRS Report for Congress. (May 2004). III Terrorism is an essential threat to homeland security in the United States. After September 11th, 2001, it was apparent that the threat had been largely ignored, and the Department of Homeland Security was developed. Since then, terrorist cells have been forming inside the United States’ borders. They usually consist of three to five members, and adjacent cells usually do not know each other or the identity of their leadership in order to protect their operational security. Their philosophy is that by dividing a greater organization into multiple small groups, while keeping separate information inside each cell, the organization will survive if one cell is compromised. (Lithwick, 1) There are several types of cells, each working together as a whole to operate. “Planning” or “support” cells do not have many members, but they supply execution cells with necessary money, identification, and supplies. “Sleeper” or “submarine” cells are mostly what reside in the United States. They do nothing until activated, and they have no prior record with agencies such as the FBI. “Execution cells” come in during the final stages of an attack and use the resources supplied by the other cells. “Operation commanders” are brought in at the last minute before an attack and leave before it even happens. (Lithwick, 2) Members of a sleeper cell could have been born in the country, arrived legally, or been smuggled in. They blend into society as to not draw attention to themselves. The cells are hard to find and difficult to track because of how small they are. Because of their structure, even if a member is caught, they most likely know nothing of the overall plan, but only their role in it. To stop an attack, a cell leader or planner must be caught before the plan goes into action. Also, because America has many racially diverse cities, it is hard to recognize a terrorist cell among the community. Thousands of illegal immigrants live their entire lives without the government’s interference. America’s large borders that are hard to control contribute to Middle Eastern immigrants crossing into the country easily, making an attack more likely. Another issue is that terrorist cells could be waiting just over the border in Canada or Mexico until time for an attack, when they could cross over quickly into the United States. With an estimated 12 million illegal immigrants residing in the United States, it is likely that some enter to do harm to the American people. (Are Terrorist Cells Targeting America?, 2) Members of terrorist cells often run their own businesses as covers for raising funds, training and recruiting. They live all over the United States, often in the poor sections of urban towns. Law enforcement agencies and intelligence conclude that almost every radical group from the Middle East is represented in the United States today as hundreds of cells. “Hamas, Islamic Jihad, Hezbollah, Hizba-Tahrir (Islamic Liberation Party), Islamic Salvation Front (Algeria), Armed Islamic Group (Algeria), En-Nahda (Tunisian), Muslim Brotherhood, Ga'mat Islamiya (Egypt), Islamic Salvation Front (Algeria), Abu Sayyaf Group, Jamat Muslimeen (Pakistan and Bangledesh), and support groups of mujahideen (Holy Warriors) in Bosnia, Philippines and Chechnya - all have ongoing operations in America - and not just for fund raising purposes.” (Silverberg, 1) The problem with sleeper cells residing in the United States is their ability to attack. They are within America’s borders, and have access to the land and communities. A 2005 report from the FBI stated,”We believe al-Qaeda’s capability to launch attacks within the United States is dependent on its ability to infiltrate and maintain operatives in the United States.” (FBI Can’t Find Sleeper Cells, 1) The 9/11 attacks were conducted by only four terrorist cells consisting of three to five individuals each. (Are Terrorist Cells Targeting America?, 1) Imagine the impact on the country if several terrorist cells attacked at the same time. The policy in the United States to deal with terrorist cells is the same as the overall war on terrorism. "The war on terror is a different kind of war, waged capture by capture, cell by cell, and victory by victory. Our security is assured by our perseverance and by our sure belief in the success of liberty. And the United States of America will not relent until this war is won." President George W. Bush, December 14, 2003. The specific principles, by the Office of the Coordinator for Counterterrorism, associated with this policy are as follows: 1) Make no concessions to terrorists and strike no deals, 2) Bring terrorists to justice for their crimes, 3) Isolate and apply pressure on states that sponsor terrorism to force them to change their behavior, and 4) Bolster the counterterrorist capabilities of those countries that work with the United States and require assistance. (U.S. Policy Principles, 1) The policy to capture terrorists cell by cell has worked better internationally than within our own borders because of the before-mentioned difficulties. The terrorists blend into society in the United States, not drawing attention to themselves, and their cells are mainly sleeper cells that are currently dormant. The added issue to domestic terrorism, as opposed to international, is border control. Sometimes working as an advantage for the United States, terrorists coming back into the country could be discovered more easily. This was the case with Abu Moussa Marzook, the chief operating officer of Hamas, who was residing in the United States as president of the United Association of Studies and Research (a Covert branch used for Hamas planning and operating). On July 25, 1995, he was detained at Kennedy Airport while trying to return to the States. “On a routine primary inspection by an INS agent, it was revealed that Marzook's name and date of birth matched a computer entry in the INS database that had been recently entered into a ‘terrorist watch’ lookout.” (Silverberg, 2) Marzook’s personal telephone directory was also confiscated, which contained phone numbers of almost every top terrorist in the world today. “Interestingly, more than 20 percent of the phone numbers were those of Marzook's contacts and senior terrorist collaborators in the United States. At least ten of these close contacts still live in the Northern Virginia area.” (Silverberg, 2) This type of border and immigration control, and capturing terrorists one-by-one may work for a few men, but it will not destroy the infrastructure of the terrorist network in the United States. A possible policy regarding this issue today includes extensive screening of immigrants of Middle Eastern descent, whether or not they may have been born outside the United States. Routine inspections of any businesses operated by Middle Eastern owners would be mandatory, especially for businesses established after their immigration. Terrorist cells require money to operate, and if the government follows their money trail, it will lead back to them. A domestic intelligence agency should be formed that concentrates solely on this problem and it’s solution. The disadvantage to this policy is that the agency would be loyal to whichever administration created it. It might not last through a change in administration, despite it’s progress. It will also be hard to execute the inspections and screenings while being fair to lawabiding people that are legally immigrating. One of the advantages of this policy is that the separate agency will have it’s concentration on the terrorist cell issue only, unlike the FBI or CIA. Extensive screening and inspections of people and businesses will uncover terrorist backgrounds and lead to the discovery of more cells and networks. “Are Terrorist Cells Targeting America?” Online Terrorist and World Threats Magazine. http://www.terroristplanet.com/americaterrorcells.htm. “FBI Can’t Find Sleeper Cells”. Northeast Intelligence Network. 10 March 2005. http://homelandsecurityus.com/?p=1368. Lithwick, Dahlia. “How Do Terrorist ‘Cells’ Work?” Slate Magazine. 17 Sept. 2001. http://www.slate.com/id/1008311/. Silverberg, Mark. “Sleeper Cells in America - The Enemy Within.” http://www.jfednepa.org/mark%20silverberg/sleeper.html. “U.S. Policy Principles”. DJIBOUTI: Embassy of the United States. http://djibouti.usembassy.gov/response_to_terrorism.html. IV The United States faces a unique challenge in protecting its borders, disrupting drug and human trafficking, and preventing terrorist attacks while promoting international trade. These challenges are within reach so long as the United States realizes that its national security policy should start at the borders. Border protection was a high priority when the United States first won its independence from England. Over time, the Commerce department, the treasury department, and the department of the interior have had various roles in securing America’s vast borders (1). In the early days, border protection and customs collection were one and the same, but as the United States became more prosperous, especially after the initial gold rush, Congress sought to control and limit immigration. Furthermore, the boarder patrol was tasked with seizing contraband during the prohibition era and preventing enemy spies from entering the United States during the First and Second World Wars (2). In 1954, President Eisenhower formed a small committee to study and stamp out narcotics use and addiction in the United States. The term “War on Drugs” was not widely used until President Nixon formed the Drug Enforcement Agency in the early 1970’s. The DEA was created, in part, to the outrage caused by widespread heroin abuse by American soldiers in Vietnam, along with the growing sophistication of the Colombian drug cartels. American border security and the war on drugs became permanently linked and has cost 2.5 trillion dollars over the last four decades (1). Nightly percent of illegal drugs that enter the United States enters the country via the southern border. Arizona is the superhighway for illegal drugs into the United States. Approximately half of the marijuana that enters the United States does so through Arizona’s 370 mile border with Mexico (3). The porous border is a gateway for illegal entry into the United States. While the domestic issue of how to handle illegal immigration is a serious problem, this report will focus on the criminal element that crosses the border. In 2005 alone, 850 people from “countries of special interest” were apprehended along the U.S. - Mexican border (3). Furthermore, the border patrol estimates that they intercept only one in three illegal aliens at the border. Besides being a national security risk, illegal immigration overwhelms the criminal justice system as well as basic services such as emergency healthcare (5) and primary education (1). In addition the social strains, the criminal element within the illegal alien community cannot be ignored. Crimes committed by illegal aliens are often under reported as these communities tend to distrust law enforcement and protect members of the community. In 1980, about 9,000 criminal aliens were incarcerated in the United States. By 2003, the number of criminal aliens serving prison time was 267,000. Furthermore, it is estimated that over 130,000 sec crimes are committed annually by illegal aliens (3). Meaningful border security would help reduce the number of violent criminals on the streets without overwhelming the criminal justice system. The United States has the difficult task of securing the borders and safeguarding its citizens while not disrupting legal travel or legitimate commerce. Canada and Mexico are the United States’ greatest trading partners respectfully (4). The U.S. - Mexican border is the most frequently crossed international boundary in the world while the U.S. – Canadian border is the largest none militarized international boundary in the world. This freedom of travel and Commerce are a direct result of the North American Free Trade Organization, or NAFTA, a trade treaty that was ratified by the three North American countries in the early and mid 1990’s. The explosion of trade between the three nations has profited the treaty members immensely but at the cost of their respective border security. It is in the best interest of the United States to increase border protection in a way that minimizes drug trafficking and the violence that comes with it while slowing the tide of illegal immigration. This would allow the Border Patrol and the Coast Guard to do a more effective job of preventing potential terrorists from entering the United States illegally. Furthermore, the social benefits and tax dollar saving should not be ignored. Lastly, the border protection plan should also focus and minimizing human trafficking (3). These goals should be sought in a manner that promotes international commerce while not undermining the civil liberties that this country was founded on. In order to achieve the above goals, the backbone of American homeland security needs to be a modern and effective border infrastructure that is maintained by properly trained and equipped personnel. All U.S. checkpoints should be equipped with facial recognition cameras and finger print readers to quickly identify those entering the country. Furthermore, all freight should be scanned electronically for controlled substances, dangers materials or human cargo while still at port. RFID tags, infrared cameras, and radioactive detectors can be sued to quickly scan entire shipping containers quickly and efficiently. In addition to security at ports of entry, law enforcement agencies operating along the borders need to be equipped with the proper equipment to do their jobs at border crossings. This includes patrol dogs, predator style unmanned aircraft, infrared and night vision equipment and off road vehicles. In addition to equipment, law enforcement agencies need a proper information technology infrastructure to make communication between agencies more effective. Illegal aliens that are detained at the border need to be processed in such a way that, after their release, they can be properly identified if they were to reenter the criminal justice system. These aliens should be promptly deported to their country of origin. Illegal aliens that are currently incarcerated should have their cases reviewed. None violent offenders need to be deported immediately while more violent criminals need to be deported after they serve their sentence. Any alien with a criminal record in the United States should be monitored and barred from reentry. It is also in the best interest of the United States to provide the above measures in a manner that does not hinder or discourage international commerce. The United States is the world’s greatest consumer. Furthermore, Canada and Mexico remain America’s biggest trading partners. A border security initiative that is streamlined and efficient, and that utilizes technological innovations coupled with highly trained personnel will go a long way in ensuring that checkpoints are operated in a manner that expedites commercial traffic without compromising American national security interests. 1 Suddath, Claire. “A Brief History of the War on Drugs” TIME 25 March, 2009 http://www.time.com/time/world/article/0,8599,1887488,00.html 2 U.S. Customs and Border Protection Timeline, 1 July, 2009 http://nemo.customs.gov/opa/TimeLine_062409.swf 3 “The Dark Side of Illegal Immigration” www.usillegalaliens.com 11 October, 2008 http://www.usillegalaliens.com/the_dark_side_of_illegal_immigration.html 4 Lederman, D (2005) “Lessons from NAFTA for Latin America and the Caribbean” Stanford University Press: Palo Alto, USA 5 “Securing American Borders- 2008 Fiscal Year in Review” US costoms and Border Protection, 5 November, 2009 http://www.cbp.gov/xp/cgov/newsroom/highlights/08year_review.xml Division of Group Project The group divided the paper into three sections. Jocelyn McDuffie covered Section II, Rachel Wilkinson wrote Section III, and Vasily Lantukh provided Section IV. Each member of the group also contributed to the Power Point presentation.