United States Border Patrol

CBP/USBP Insignia

The United States Border Patrol (USBP), a Federal police force, is the mobile uniformed law enforcement arm of U.S. Customs and Border Protection (CBP), a bureau of the Department of Homeland Security.

The Border Patrol was originally founded on May 28, 1924 as an agency of the United States Department of Labor. Prior to 2003, the Border Patrol was part of the Immigration and Naturalization Service (INS), an agency within the U.S. Department of Justice.

The priority mission of the Patrol, as a result of the 9/11 attacks and its merging into DHS, is to prevent terrorists and terrorist weapons from entering the United States of America. However, the Border Patrol's traditional mission remains as the deterrence, detection and apprehension of illegal immigrants and individuals involved in the illegal drug trade who generally enter the United States other than through designated ports of entry. Prior to this the United States Army and various para-military forces patrolled the border.

Currently, the U.S. Border Patrol employs over 11,000 agents, and is responsible for patrolling 19,000 miles of land and sea borders.^{[citation needed]} The Border Patrol personnel are deployed primarily at the U.S.-Mexico border, where they are assigned to control drug trafficking and illegal immigration.

Strategy

1986 - Employer Sanctions and Interior Enforcement

File:USBP-SBI.jpg

Border Patrol Agents patrol for illegal entry into the United States.

The Border Patrol's mission and priorities have changed over the years. In 1986, the Immigration Reform and Control Act (IRCA) placed renewed emphasis on controlling illegal immigration by going after the employers that hire illegal aliens. The belief was that jobs were the magnet that attracted most illegal aliens to come to the United States. The Border Patrol increased interior enforcement and Form I-9 audits of businesses through an inspection program known as Employer Sanctions. Several agents were assigned to interior stations such as within the Livermore Sector in Northern California.

Employer Sanctions never became the effective tool it was expected to be by Congress. Illegal immigration continued to swell after the 1986 amnesty despite employer sanctions. By 1994, Californians passed Proposition 187, denying benefits to illegal aliens and criminalizing illegal aliens in possession of phony green cards, I.D. cards and Social Security Numbers. It also authorized police officers to question aliens as to their immigration status and required police and sheriff departments to cooperate and report illegal aliens to the INS. Proposition 187 drew nation-wide attention to the problem of illegal immigration.

Deterrence becomes the new strategy

In response to illegal immigration in 1994, the Border Patrol came up with a new strategy for addressing illegal aliens. In 1994, 25% of illegal alien entries occurred at the Imperial Beach and Chula Vista Station along a 7 mile stretch of border between the Pacific Ocean and the San Ysidro Port of Entry.^{[citation needed]} El Paso also had a high percentage of Border Patrol Apprehensions.^{[citation needed]} Research under a project known as the "Sandia Study" also recommended deterrence versus apprehension/enforcement.^{[citation needed]}

El Paso Sector's Operation Hold the Line

Retired El Paso Sector Chief Patrol Agent Silvestre Reyes started a program called "Operation Hold the Line". In this program, Border Patrol Agents would no longer react to illegal alien entries resulting in apprehensions, but would instead be forward deployed to the border, immediately detecting any attempted entries or deterring illegal aliens to cross at a more remote location. The idea was that it would be easier to capture illegal aliens in the wide open deserts then through the urban alleyways. Chief Reyes deployed his agents along the Rio Grande River, within eyesight of other agents. The program significantly reduced illegal alien entries in the urban part of El Paso, however, the operation merely shifted the illegal aliens to other areas.

San Diego Sector's Operation Gatekeeper

San Diego Sector tried Sylvestre Reyes' approach of forward deploying agents to deter illegal entries into the country. Congress authorized the hiring of thousands of new agents, and many were sent to San Diego Sector.^{[citation needed]} In addition, Congressman Duncan Hunter obtained surplus military landing mats to use as a border fence.^{[citation needed]} Stadium lighting, ground sensors and infra-red cameras were also placed in the area.^{[citation needed]} Apprehensions decreased dramatically in that area as the aliens crossed in different regions.

Tucson Sector's Operation Safeguard

California was no longer the hotbed of illegal alien activity and the traffic shifted to Arizona, primarily in Nogales and Douglas.^{[citation needed]} The Border Patrol instituted the same deterrent strategy it used in San Diego to Arizona. Arizona's program was named "Operation Safeguard." Today, Tucson Sector remains the busiest Border Patrol Sector in the United States, accounting for about 1/3 of all Border Patrol apprehensions nationwide.^{[citation needed]}

Border Patrol moves away from Interior Enforcement

In the 1990's Congress mandated that the Border Patrol shift agents away from the interior and focus them on the borders.

Post September 11 the Department of Homeland Security also created two immigration enforcement bureaus out of the defunct Immigration and Naturalization Service (INS). These two new bureaus were Immigration and Customs Enforcement (ICE) and the Bureau of Customs and Border Protection (CBP). ICE was tasked with investigations, detention and removal of illegal aliens, and interior enforcement. CBP was tasked with inspections at our ports of entry and with illegal entries between the port of entry, transportation check, and entries on our coastal borders. DHS management decided to align the Border Patrol with CBP.

In July 2004 the Livermore Sector of the United States Border Patrol was closed. Livermore Sector served Northern California and included stations at Dublin (Camp Parks), Sacramento, Stockton, Fresno and Bakersfield. The Border Patrol also closed other stations in the interior of the United States including Roseburg, Oregon and Little Rock, Arkansas. The Border Patrol functions in these areas consisted largely of local jail and trasportation terminal checks for illegal aliens. These functions were turned over to Immigration & Customs Enforcement.

The New Border Patrol Strategy

In November 2005 the U.S. Border Patrol published an updated national strategy [1]. The strategy has 5 main objectives, which are:

Establish substantial probability of apprehending terrorists and their weapons as they attempt to enter illegally between the ports of entry;
Deter illegal entries through improved enforcement;
Detect, apprehend, and deter smugglers of humans, drugs, and other contraband;
Leverage “Smart Border” technology to multiply the effect of enforcement personnel; and
Reduce crime in border communities and consequently improve quality of life and economic vitality of targeted areas.

A Growing Agency

The federal government's Office of Personnel Management found that the Border Patrol suffers from an attrition rate of approximately 42-46% for Border Patrol Agents during their first year of service. (See OPM's Federal and Law Enforcement Pay and Benefits, Appendix B1 - Quit Rate Data, 2003). This attrition was largely due to agents transferring to the Federal Air Marshal's after 9/11. Since that time the attrition problem has decreased significantly and Congress has increased journeyman Border Patrol Agent pay from GS-9 to GS-11 in the General Schedule in 2002.

The Intelligence Reform and Terrorism Prevention Act of 2004 signed by President Bush on December 17, 2004 authorized hiring an additional 10,000 Agents, "subject to appropriation". This authorization, if fully implemented, would nearly double the Border Patrol manpower from 11,000 to 21,000 Agents by 2010.

In July 2005, Congress signed the Emergency Supplemental Spending Act for military operations in Iraq/Afghanistan and other operations. The act also appropriated funding to increase Border Patrol manpower by 500 Agents. In October 2005, President Bush also signed the DHS FY06 Appropriation bill, funding an additional 1,000 Agents.

In November of 2005, President George W. Bush made a trip to southern Arizona to discuss more options that would decrease illegal crossings at the U.S. and Mexican border. In President Bush's proposed Fiscal Year 2007 Budget he has requested an additional 1,500 Border Patrol Agents.

Specialized Units

The Border Patrol has a variety of specialized units and details.

Tactical Teams

The Border Patrol has a variety of tactical teams, which are trained in special tactics, to respond to unusual occurrences of a high risk nature.

BORTAC (Border Tactics) is the official tactical unit of the Border Patrol for high risk enforcement similar to a SWAT team, some BORTAC members have even been sent to Iraq to be advisors to Iraqi Security Forces near the border.^{[citation needed]}

Border Patrol Sectors (Sectors are operational regions of the Border Patrol, typically comprised of 5 - 8 stations) have Sector Response Teams (SRT) or in San Diego Sector - REACT. SRT is deployed at the Sector level to high risk incidents or to specific missions.

Search and Rescue

BORSTAR (Border Search Trauma And Rescue) - This group is very active in the Arizona desert, striving to rescue illegal aliens in distress. Search and Rescue

Other Units

Horse Patrol
ATV Patrol
Bike Patrol
K9 Units
Intelligence
Anti-Smuggling Investigations/DISRUPT
BORCAP (Border Criminal Alien Program)

Air Mobile Unit

Newton-Azrak Medal for Heroism

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The Border Patrol's highest honor is the Newton-Azrak Medal for Heroism. This medal is bestowed to Border Patrol agents killed in the line of duty. It is also presented to agents for extraordinary contributions, service, or accomplishments reflecting unusual courage or bravery in the line of duty, or an extraordinarily heroic or humane act committed during times of extreme stress or in an emergency.

This award is named for Border Patrol Inspectors Newton[2] and Azrak[3], who were murdered by a drug smuggler in San Diego County in 1967.

Allegations of Border Patrol abuse

Jesus A. Trevino, concludes in an article published in the Houston Journal of International Law (2006) with a request to create an independent review commission to oversee the actions of the Border Patrol, and that creating such review board will make the American public aware of the "serious problem of abuse that exists at the border by making this review process public" and that "illegal immigrants deserve the same constitutionally-mandated humane treatment of citizens and legal residents". ^[1]

An article by Journal article by Michael Huspek, Leticia Jimenez, Roberto Martinez (1998) cites that in December 1997, John Case, head of the INS Office of Internal Audit (OIA), announced at a press conference that public complaints to the INS had risen 29% from 1996, with the "vast majority" of complaints emanating from the southwest border region, but that of of the 2,300 cases, the 243 cases of serious allegations of abuse were down in 1997. These serious cases are considered to be distinct from less serious complaints, such as "verbal abuse, discrimination, extended detention without cause." ^[2]

References

^ Trevino, Jesus A. Border Violence against Illegal Immigrants and the Need to Change the Border Patrol's Current Complaint Review Process, Houston Journal of International Law, Vol. 21.1 (1998): pp.85, 8 Aug. 2006. "What is required is a permanent independent review commission to investigate complaints of Border Patrol abuse. An independent review commission would ensure impartial and thorough investigations, and it would hold Border Patrol agents accountable for their actions. The internal nature of the Justice Department's current complaint review procedure keeps most Americans uneducated about the problems of abuse that exist at the border. This in turn creates an attitude of indifference when a few of the incidents reach the media. Creating an independent citizen review board would make the American public aware of the serious problem of abuse that exists at the border by making this review process public. Illegal immigrants deserve the same constitutionally-mandated humane treatment expected by American citizens and legal residents. Border Patrol abuse of illegal immigrants must end."
^ Huspek, Michael, Jimenez, Leticia, Martinez, Roberto Violations of Human and Civil Rights on the U.S.-Mexico Border, 1995 to 1997: A Report, Social Justice, Vol. 25, 1998. "The data compiled in this report suggest that law enforcement in the southwest region of the United States may be verging on lawlessness. This statement receives fuller support from announcements emanating from the INS. In December 1997, John Chase, head of the INS Office of Internal Audit (OIA), announced at a press conference that public complaints to the INS had risen 29% from 1996, with the "vast majority" of complaints emanating from the southwest border region. Over 2,300 complaints were filed in 1997 as opposed to the 1,813 complaints filed in 1996. Another 400 reports of "minor misconduct" were placed in a new category. Chase was quick to emphasize, however, that the 243 "serious" allegations of abuse and use of excessive force that could warrant criminal prosecution were down in 1997, as compared with the 328 in 1996. These "serious" cases are considered to be distinct from less serious complaints, such as "verbal abuse, discrimination, extended detention without cause."

External links

GAO and OIG Reports

GAO Report: Border Patrol - Southwest Border Enforcement Affected by Mission Expansion and Budget August 1992
GAO Report: Border Control - Revised Strategy is Showing Some Positive Results December 1994
GAO Report: Border Patrol - Staffing and Enforcement Activities March 1996
GAO Report: ILLEGAL IMMIGRATION - Southwest Border Strategy Results Inconclusive; More Evaluation Needed December 1997
USDOJ OIG Report: Operation Gatekeeper July 1998
GAO Report: ILLEGAL IMMIGRATION - Status of Southwest Border Strategy Implementation 1999
GAO Report: Border Patrol Hiring December 1999
GAO Report: Southwest Border Strategy - Resource and Impact Issues Remain After Seven Years August 2001
National Border Patrol Strategy March 2005
GAO Report: Effectiveness of Border Patrol Checkpoints July 2005
DHS OIG Report: An Assessment of the Proposal to Merge Customs and Border Protection with Immigration and Customs Enforcement November 2005

[1] Trevino, Jesus A. Border Violence against Illegal Immigrants and the Need to Change the Border Patrol's Current Complaint Review Process, Houston Journal of International Law, Vol. 21.1 (1998): pp.85, 8 Aug. 2006. "What is required is a permanent independent review commission to investigate complaints of Border Patrol abuse. An independent review commission would ensure impartial and thorough investigations, and it would hold Border Patrol agents accountable for their actions. The internal nature of the Justice Department's current complaint review procedure keeps most Americans uneducated about the problems of abuse that exist at the border. This in turn creates an attitude of indifference when a few of the incidents reach the media. Creating an independent citizen review board would make the American public aware of the serious problem of abuse that exists at the border by making this review process public. Illegal immigrants deserve the same constitutionally-mandated humane treatment expected by American citizens and legal residents. Border Patrol abuse of illegal immigrants must end."

[2] Huspek, Michael, Jimenez, Leticia, Martinez, Roberto Violations of Human and Civil Rights on the U.S.-Mexico Border, 1995 to 1997: A Report, Social Justice, Vol. 25, 1998. "The data compiled in this report suggest that law enforcement in the southwest region of the United States may be verging on lawlessness. This statement receives fuller support from announcements emanating from the INS. In December 1997, John Chase, head of the INS Office of Internal Audit (OIA), announced at a press conference that public complaints to the INS had risen 29% from 1996, with the "vast majority" of complaints emanating from the southwest border region. Over 2,300 complaints were filed in 1997 as opposed to the 1,813 complaints filed in 1996. Another 400 reports of "minor misconduct" were placed in a new category. Chase was quick to emphasize, however, that the 243 "serious" allegations of abuse and use of excessive force that could warrant criminal prosecution were down in 1997, as compared with the 328 in 1996. These "serious" cases are considered to be distinct from less serious complaints, such as "verbal abuse, discrimination, extended detention without cause."

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