Safeguarding Borders: Federal Agencies in Action Essay

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Introduction

After the massive reorganization of federal agencies that were brought on by the creation of the Department of Homeland Security (D.H.S.), four central government agencies are now responsible for policing the borders of the United States of America: The Bureau of Customs and Border Protection (C.B.P.), which polices the border and undergoes immigration, immigration controls, and agricultural security measures at ports of entry; the Bureau of Immigrations and Customs Enforcement (I.C.E.), which investigates legal immigration, protects America from cross-border crime, and illegal immigration that threaten national security and public safety (Hosein, 2020). This essay discusses the critical federal agencies that are responsible for border security. Thus, each agency plays its specific role but their cooperation ensures smooth operation and security within the U.S.

Following the attacks that occurred on September 11, 2001, the Congress of the United States concluded that enhancing the safety of the country’s borders should be the top priority in the battle against terrorism (Tau & Hackman, 2020). Before the attacks of September 11, 2001, several federal departments and agencies, such as the Department of Justice through its Immigration and Naturalization Service, the Department of the Treasury through its Customs Service, the Department of Agriculture over its Animal and Plant Health Inspection Service, and the Department of Transportation through its Federal Highway Administration, were each responsible for a different facet of the nation’s border security (the Coast Guard). The Homeland Security Act of 2002 is mainly responsible for creating the Department of Homeland Security, sometimes known as D.H.S. (P.L. 107-296) (Tau & Hackman, 2020). The majority of these departments were housed within the Directorate of Border and Transportation Security (B.T.S.) which was accountable for the management of the country’s ports of entry and the protection of the United States’ borders surrounding seas, terminals, and waterways in addition to the nation’s air, land, and sea transportation infrastructure. The Border and Transport Security (B.T.S) also oversaw the protection of the nation’s air, land, and sea transport networks.

Only the United States Coast Guard has not been brought within the purview of the Department of Homeland Security (D.H.S.). The B.T.S. was composed of three state institutions: The Customs and Border Protection, which was accountable for operational business processes, safety protocols, and land border agents’ functional areas; The Immigration and Customs Enforcement authority, which was responsible for interrogations, confinement, redeployment, air/marine drug enforcement procedures, and governmental child protection services; and the Transportation Security Administration, which was accountable for safeguarding the nation’s transportation infrastructure (Tau & Hackman, 2020). Following his confirmation to the office of Secretary of Homeland Security, Michael Chertoff undertook a comprehensive, multi-month investigation known as the Second Stage Review (2SR), the results of which were made public on July 13, 2005.

The proposal made by Secretary Chertoff to get rid of the B.T.S. Directorate was supported by the D.H.S. Appropriations Conference. According to what was said by the Secretary, the newly constituted Office of Policy has taken over several responsibilities, one of which is the policy coordinating functions of the B.T.S. Directorate (Engstrom et al., 2020). Now immediately reporting to the Secretary and Deputy Secretary of the Department of Homeland Security are the component operational agencies of B.T.S., namely C.B.P., I.C.E., and T.S.A.

This reorganization was undertaken to reduce the time spent creating D.H.S. rules and procedures and standardizing those policies and procedures. In addition, the Federal Air Marshals program was moved from I.C.E. back to the Transportation Security Administration (T.S.A.) to increase communication and coordination among the several federal departments responsible for aviation security. In a nutshell, the Customs and Border Protection Agency (C.B.P.) is the D.H.S.’s frontline responder to immigration and customs violations, while the Immigration and Customs Enforcement Agency (I.C.E.) is the government’s investigating arm (Engstrom et al., 2020). As its name suggests, the Transportation Security Administration is responsible for safeguarding the security of the nation’s various transportation networks. At the same time, the United States Coast Guard also plays an essential part in protecting the country’s borders by keeping an eye out for possible dangers in U.S. territory and the international waters surrounding it. At least 175,251 employees were working full-time jobs for the Department of Homeland Security border security agencies in 2009, which got a total budget of $30.48 billion for the fiscal year.

The Bureau of Customs and Border Inspection

The Customs and Border Protection Department (C.B.P.) consolidated several of the border patrol agencies that were previously operational under a single administrative umbrella. To do this, employees from the Immigration and Naturalization Service (I.N.S.), the Border Patrol, the Customs Service, and the Department of Agriculture were recruited (Engstrom et al., 2020). The mission of the Customs and Border Protection (C.B.P.) is to prevent foreign terrorists and terrorist armaments from entering the country, to protect U.S. borders and ports of entry, to apprehend illegal immigrants, to halt the flow of illegal drugs, and to prevent harmful pests and diseases from wreaking havoc on American agriculture and businesses (Kenwick & Simmons, 2020). During its official responsibilities, C.B.P. works toward two primary objectives, which are not always compatible: boosting national security and expanding lawful commerce and travel opportunities. The Customs and Border Protection agency had a net budget of $10.51 billion and at least 54,868 full-time equivalent workers in FY2009 (Tau & Hackman, 2020). Along the portion of the United States border that is not serviced by a regular port of entry, the United States Border Patrol, a component of C.B.P., is responsible for enforcing U.S. immigration law and other national laws.

The United States Border Patrol (USBP) serves as the Department of Homeland Security’s (D.H.S.) uniformed police force. The primary objective of this organization is to detect and prevent entry into the nation of terrorists, nuclear weapons, illegal immigrants, drug traffickers, and other types of criminals. More than 8,000 miles of our country’s international borders, including those with Canada and Mexico, as well as the shorelines of Florida and Puerto Rico, are patrolled by the United States Border Patrol (USBP) so that it may fulfill its mission (Engstrom et al., 2020). Officers of the Customs and Border Protection are in charge of conducting immigration, customs, and agricultural inspections on anyone entering the United States at official ports of entry. C.B.P. inspectors are receiving training to become proficient in all three kinds of border inspections as part of a program called “One Face at the Border,” which aims to streamline the process of entering the U.S. from another country (Tau & Hackman,2020). This initiative will consolidate the previous inspections into one comprehensive report.

People coming from foreign nations will only have to go through one primary inspector who is trained to determine whether or not a secondary inspector will conduct a more in-depth examination (Ramji-Nogales & Goldner, 2020). C.B.P. inspectors uphold the nation’s immigration rules by scrutinizing and confirming the legitimacy of the travel papers carried by individuals arriving in the United States from other nations. This ensures that the individuals are legally permitted to enter the country. C.B.P. inspectors work in the customs department to ensure that all imports and exports adhere to the laws and regulations of the United States. They are also responsible for collecting and protecting United States revenues and keeping a watchful lookout for anyone attempting to smuggle illicit products into the nation (Engstrom, 2020). Additionally, it is the responsibility of the C.B.P. to conduct agricultural inspections at ports of entry to verify compliance with the many rules that exist to safeguard animals and plants (Tau & Hackman, 2020). For them to perform all of these roles, C.B.P. inspectors are given a broad range of authorities, which allow them to conduct thorough inspections of all persons, vehicles, conveyances, commodities, and luggage entering the United States from other countries.

Bureau of Immigrations and Customs Enforcement

Investigations, custody and removal, the majority of intelligence activities, and the Federal Protective Service were all initially carried out by the I.N.S. However, since the I.N.S. and the Customs Service merged to become the I.C.E., these tasks are now carried out by the I.C.E. instead (F.P.S.) (Tau & Hackman, 2020). I.C.E. is currently the primary investigative agency inside D.H.S. because of its mandate. I.C.E.’s primary objective in detection and prevention is to zero in on the people, resources, and physical infrastructure that serve as the foundation for terrorist and criminal networks. Even though their primary focus is domestic enforcement, they are an essential component of the network that protects our nation’s borders (Walia, 2020). During the fiscal year 2009, when I.C.E. was given a budget of $5.02 billion, at least 18,975 full-time equivalent employees were working for the agency.

While the Customs and Border Protection (C.B.P.) agency is only authorized to conduct border patrol, special agents with Immigration and Customs Enforcement (I.C.E.) investigate immigration and customs violations that occur inside the country (Tau & Hackman, 2020). I.C.E. has a wide range of responsibilities, including the investigation of immigration violations at workplaces, the discovery of alien and prohibited item drug smuggling, the detection of hard drug consignments, and the detainment and withdrawal of illegal immigrants who pose a threat to national safety by, for example, possessing mass destruction weapons or being potential terrorists (Engstrom et al., 2020). I.C.E. also investigates immigration violations at workplaces, discovers alien and prohibited item smuggling operations, and intercepts narcotics I.C.E. is responsible for collecting, analyzing, and disseminating strategic and tactical intelligence data. This data pertains to the illegal movement of people, money, and things within the United States and is related to homeland security and infrastructure security. In conclusion, I.C.E. relies on the F.P. to monitor the secure operation of more than 8,880 federal buildings around the country.

The United States Coast Guard

The Coast Guard was made an independent agency inside the Department of Homeland Security by Public Law 107-296. Mariner safety, the health of marine ecosystems, and the protection of U.S. economic interests are the overarching goals of the United States Coast Guard (USCG) in all maritime areas, including U.S. ports and waterways, coastlines, and international seas. The USCG is responsible for ensuring that all of these goals are met (Shachar, 2020). Given that the Coast Guard is the principal federal agency responsible for the maritime portion of homeland security, including port security, it is also the primary federal agency responsible for the enforcement of maritime law in the United States. As part of its mission, the Coast Guard ensures the security of commercial vessels that sail into U.S. waters by investigating, boarding, and inspecting them before they are allowed to enter U.S. waters (Tau & Hackman, 2020). A senior Coast Guard officer is stationed at each port and serves as the “Captain of the Port.” This officer is the highest-ranking government official responsible for ensuring the security of vessels and waterways within their respective regions.

The Coast Guard had at least 48,940 full-time equivalent (FTE) military and civilian workers working for them during the 2009 fiscal year. Their budget was $9.61 billion (Tau & Hackman, 2020). As a part of Operation Noble Eagle, the Coast Guard is tasked with protecting more than 361 ports and 95,100 kilometers of coastline (military activities in homeland protection and civil assistance to U.S. federal, state, and local authorities) (Bissonnette & Vallet,2022). Maintaining maritime immigration enforcement against illegal narcotics, illegal aliens, semiautomatic rifles, and nuclear weapons; ensuring that the United States can quickly dispatch and replenish military assets by keeping the Coast Guard at a high level of preparedness and by keeping maritime transportation services open for the other security soldiers; these are all aspects of the Coast Guard’s role in homeland security (Eagly, 2020). The Coast Guard’s role also includes ensuring that the United States can speedily deploy and replenish military assets.

Transport Security Administration

After September 11, the United States government established the Transportation Security Administration (T.S.A.) to maintain the safety of the country’s air, land, and rail transportation networks, preserving the right of its citizens and businesses to travel freely (Pope, 2018). Provisions of the Aviation and Transportation Security Act (ATSA, P.L.107-71) established a national baggage screener workforce, mandated the use of explosive detection equipment for all checked baggage, and significantly increased the scope of the Federal Aviation Administration’s (F.A.A.) Forward Air Monitoring System (FAMS). The Transportation Security Administration (T.S.A.) was moved from the Department of Transportation to the newly established Department of Homeland Security (D.H.S.) in 2002; as mentioned above, the Federal Air Marshal program was removed from T.S.A. and moved to I.C.E. in 2003(Bissonnette & Vallet,2022). T.S.A. took over responsibility for the program in FY2006. T.S.A. received $5.38 billion in funding in FY2009 and employed at least 51,498 people full-time equivalently.

For the Transportation Security Administration (T.S.A.) to accomplish its mission of safeguarding the nation’s aviation system, the screening of airline passengers and the baggage they bring with them was transferred from the airlines to the T.S.A. T.S.A. is responsible for the processes involved in the security of air cargo as well as airports (Biden Jr, 2021). These procedures include the protection of the airport perimeter and the performance of background checks on airport personnel who have access to sensitive locations (Ramji-Nogales & Goldner, 2020). An opt-out provision was included in the Aviation Terrorism Security Act, and it states that starting in November 2004, any airport that currently utilizes federal screeners would have the ability to seek a transition to private screeners at its airport (ATSA). Because of the 2SR, the Transportation Security Administration now has the authority of the Federal Air Marshals program (Galbraith, 2019). As part of the mission of the Federal Aviation Administration’s Flight and Airport Security (FAMS) division, armed undercover intelligence officers are positioned in airports and on flights. The mission of FAMS is to recognize, help stop, and thwart hostile activities directed against U.S. air carriers, airports, passengers, and crews.

Conclusion

To sum up, the way the federal and state agencies work hand in hand provides enough protection on American borders. This research has provided a concise summary of the roles played by the four key D.H.S. agencies responsible for border security: C.B.P., I.C.E., the U.S. Customs and Border Protection, and the U.S. Border Patrol. Even though the Department of Homeland Security (D.H.S.) is in charge of protecting the nation’s borders, it is crucial to emphasize that numerous other federal agencies also contribute to this challenging assignment in some way. They play essential responsibilities in ensuring the safety of the borders. Included in the Department of Homeland Security (D.H.S.) is the Bureau of Citizenship and Immigration Services, which processes applications for resident status and citizenship as well as refugee status and refugee handling; the Department of State (D.O.S.), which issues visas for travel to other countries; the Department of Agriculture (USDA), which develops the agricultural policies that C.B.P. Inspectors enforce; and the Department of Justice (D.O.J.), whose police departments branches (the F.B.I. and the D.E.A.) fall under the Department of Homeland.

References

Biden Jr, J. R. (2021). . Executive Office of the President Washington DC. Web.

Bissonnette, A., & Vallet, L. (2021). . Journal of Borderlands Studies, 37(4), 679–697. Web.

Eagly, I. V. (2020). . BCL Rev., 61, 1967. Web.

Engstrom, D. F., Ho, D. E., Sharkey, C. M., & Cuéllar, M. F. (2020). Government by an algorithm: Artificial intelligence in federal administrative agencies. N.Y.U. School of Law, Public Law Research Paper, (20-54). Web.

Galbraith, J. (2019). Contemporary Practice of the United States Relating to International Law. AM. J. INT’L L., 113, 131-170.

Hosein, A. (2013). . Ethics &Amp; Global Politics, 6(1), 25–37. Web.

Kenwick, M. R., & Simmons, B. A. (2020). Pandemic response as border politics. International Organization, 74(1), 8-37. Web.

Pope, C. (2018). Biometric data collection in an unprotected world: Exploring the need for federal legislation protecting biometric data. JL & Pol’y, 26, 769. Web.

Ramji-Nogales, J., & Goldner Lang, I. (2020). . Journal of Human Rights, 19(5), 593–602. Web.

Shachar, A. (2020). The shifting border: Legal cartographies of migration and mobility. In The shifting border. Manchester University Press.

Tau, B., & Hackman, M. (2020). . WSJ. Web.

Walia, H. (2021). Border and Rule: Global migration, capitalism, and the rise of racist nationalism. Haymarket Books.

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