Basically, border security entails the protection of the borders from the movement of illegal weapons, drugs, contraband and people. All this is done while still promoting the lawful entry and exit for the purposes of economic prosperity and national sovereignty (Department of Homeland Security, 2015). Border security in the U.S is usually enforced by the United States Border Patrol (USBP) which is a federal law enforcement agency. The USBP is also referred to as the enforcement arm of the United States Customs and Border Protection (CBP), all these fall under the Department of Homeland Security (DHS) (Department of Homeland Security, 2015).
Initially, Border Security was under the Department of Commerce and Labor but following the terrorist attacks of September 11, it was designated to the DHS (Department of Homeland Security 2015). The other arm of the border patrol department is the Immigration and Customs Enforcement (ICE). The main role of the ICE is to conduct investigations, detaining and removal of aliens and interior enforcement (Department of Homeland Security, 2015).
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The USBP is one of the largest enforcement agencies in the U.S constituting over 21,000 agents (Department of Homeland Security, 2015). The history of border patrol in the U.S can be traced from as far as 1904 when there were efforts by the Department of Commerce and Labor to restrict the illegal movement of Chinese migrants across the border ( Warner, 2010). The work of these inspector agents, who were also known as mounted guards, was faced with a number of challenges ranging from limited resources and lack of manpower ( Warner, 2010). In fact, only 75 agents from the department were deployed and were expected to patrol from Texas to as far west as California. In 1915, an act of the congress authorized more agents who known as mounted inspectors who were to be assisted by the army in carrying out their patrols ( Warner, 2010). The army, however, did the patrolling as a secondary task since they were engaged in more military work across the borders. The mounted inspectors were still few in number and thus their work was still frustrated by lack of enough manpower and insufficient funds ( Warner, 2010).
In 1924, the U.S Border Patrol was established under the Labor Appropriation Act of 1924 ( Warner, 2010). The main function of the agency was to prevent illegal entries in both the Canada and Mexico borders. A number of patrol stations were situated across the Border States. In 1927 the agency increased its scope of functions when a station was set up in the Gulf Coast to perform crewman control. This was meant to ensure that foreign crewmen left on the same ship which they arrived ( Warner, 2010). Over the following years, the number of border patrol agents gradually increased with events such as the World War II and Cuban Missile Crisis playing a great role ( Haddal, Library of Congress & Federation of American Scientists Warner, 2010).
Over the years, a number of legislations, policies and programs intended at boosting border security have been enacted. For instance, the Immigration Reform and Control Act of 1986 sought to control illegal immigration through creating an offence for employers who employed illegal aliens (Kim et al., 2009). The main argument was that employment opportunities in the U.S was the leading cause of illegal immigration into the country. In addition, the 1993 California Proposition 187 denied benefits to illegal aliens and made it an offence for them to be in possession forged identification cards and social security numbers (Kim et al., 2009). The same piece of legislation gave broad powers to the police by giving them the power to question non-nationals with regards to their immigration status.
The Intelligence Reform and Terrorism Prevention Act of 2004 had the greatest impact. It authorized the hiring of extra 10,000 agents subject to appropriation (Kim et al., 2009). Thanks to this Act, the manpower had almost double in 2010 from about 11,000 to approximately 20,000 agents. During this period, the number of illegal aliens caught also increased. Other pieces of legislation that had the effect of increasing the manpower and resources included; the Emergency Supplemental Act of 2005 and the Department of Homeland Security Fiscal Year 2006 (Kim et al., 2009).
An example of a program established was the ‘Operation Hold the Line’ which entailed deployment of patrol agents to remote locations along the borders where they were to detect any attempted entry. The reasoning behind this program was that it was easier to capture illegal entrant in the wide-open locations compared through the urban alleyways (Kim et al., 2009).
In the process of enhancing border security, the relevant body agencies have incorporated use of technology (Department of Homeland Security, 2017). One of the main objectives of the Border Patrol under their national strategies it to use smart technology in the deterring of illegal entries and reducing of crime along the border. Some of the methods utilized include; electronic sensors, video monitors, night vision and unmanned aerial vehicles (Department of Homeland Security, 2017).
The process of border patrol itself usually involves the patrol agents engaging in an activity known as the Line Watch (Department of Homeland Security, 2015). This involves maintaining of surveillance by these agents from a cover position. The surveillance could be informed by physical evidence such as leads from informers, detection by the aircraft sightings and electronic sensors (Department of Homeland Security, 2015). Activities such as traffic check and observation are also conducted on major roads leading away from the border. These traffic checks are done on public transport means, commercial aircrafts and marine crafts. At the coastal regions, marine patrols are done whereby watercraft is maintained. Horse, foot and bike patrols are done in the remote areas whose terrain does not allow accessing by vehicles (Department of Homeland Security, 2015).
As a means of enhancing border security, stringent immigration policies have been drafted. The Immigration and Naturalization Act is the main piece of legislation governing immigration policy (American Immigration Council, 2017). The legal framework allows for a limit of 675,000 permanent immigrants each year. The lawful permanent residency (LPR) allows for non-local individuals to permanently reside and work in the country (American Immigration Council 2017). Non-citizens can also be allowed in the country as temporary residents. It is upon the congress and president to determine the number of temporary residents who can be admitted annually (American Immigration Council, 2017).
Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity (American Immigration Council, 2017). Under the family based immigration policy, both citizens and those on a lawful permanent residency are allowed to bring aliens who are close relatives through the family preference system. The close family members include spouses, unmarried children under the age of 21 and parents. There exists formula enacted by the congress which is used to determine the number of immigrants that can be admitted in the country under the family preference system (American Immigration Council, 2017).
A limit of 7% of the total immigrants in a fiscal year for both family and employment based has been placed as a means of deterring immigrants from one country (American Immigration Council, 2017). This is meant to prevent any particular immigrant group from dominating the migration pattern. The admission of refugees is done on the basis of a well-founded fear of persecution due to extra ordinary conditions (American Immigration Council, 2017). Application of refugee status is done from outside the country which is different for asylum status whereby persons applying are usually already in the country. For refugees there is a maximum number of individuals allowed in the country whereas for asylum seekers there is no restriction (American Immigration Council, 2017). Once one has acquired the refugee or asylum status, he/she can apply for lawful permanent residency after a period of one year.
The Diversity Visa Program policy allows for random issuance of visas to 50,000 individuals annually. These immigrants are chosen from geographical regions that have low immigration rates to the U.S, particularly, Africa and Eastern Europe. These aliens must, however, fulfill set minimal conditions (American Immigration Council, 2017).
Recently, there have been a number of bureaucratic barriers that have been put in place so as to narrow the number of immigrants entering the country. For instance, the 2017 travel ban barring Muslims from certain Islam majority countries from entering the country (Baker, 2017). The ban was widely criticized by human rights watchdogs as being racial and ethnic profiling. In addition, there has been in place efforts to terminate the Temporary Protected Status for nationals of some countries (Baker, 2017). All these policy changes have been enacted on grounds of security. Since the September 11 attacks of 2002, the country has been extra vigilant on immigrants and there has been a bid to reduce the numbers of immigrants in the U.S. In fact, following these attacks, the number of immigrants drastically reduced (Baker, 2017).
The process of enhancing border security has recently been faced with a number of challenges with the main one being interference from the locals. For instance, following the coming into force of the Secure Fence Act of 2006 which was signed into law by President George Bush, a number of environmental groups and locals raised oppositions on the operation of the law ( Haddal, Library of Congress & Federation of American Scientists Warner, 2010). The act provides for the construction of a fence along the U.S-Mexico border. Complaints were registered in court seeking to obtain a restraint order stopping the building of the fence. The order was sought on grounds that the fence would interfere with wildlife thus affecting the ecosystem and that landowners around that particular area would lose large tracts of land ( Haddal, Library of Congress & Federation of American Scientists Warner, 2010). The order was granted by the court at the expense of enhancing border security. Similar challenges have also been witnessed recently where President Trump has faced opposition from numerous parties for his intention to build a wall along the Mexican border ( Haddal, Library of Congress & Federation of American Scientists Warner, 2010).
Corruption has also been a major challenge with a number of cases being reported. Patrol agents have been accused and charged before the court for aiding illegal aliens gain access into the country through accepting bribes. In some instances, the agents have been charged and found guilty of providing means of transport to the aliens and also housing them at their homes ( Haddal, Library of Congress & Federation of American Scientists Warner, 2010). Following the numerous cases of abuse of human rights reported, there needs to be an independent review commission whose main objective would be to oversee the actions of the border security enforcement agency. A 2012 report indicated that between 2010 and 2011, six Mexicans died as a result of use of excessive force by the border patrol agency. There have also been a number of accusations leveled against the agency for their failure to respect human dignity ( Haddal, Library of Congress & Federation of American Scientists Warner, 2010). For instance, it has been reported that the thousands of migrants who have been under custody have been subjected to degrading and inhumane conditions such as physical torture, psychological abuse, insufficient food and water. There is also record before the Inter-American Commission of Human Rights where numerous civil society organizations have protested that despite them providing concrete evidence to support their allegations, the border security agency still continues to deny and have failed to take responsibility ( Haddal, Library of Congress & Federation of American Scientists Warner, 2010) .
In conclusion, border security is very crucial since it is one of the main determinants of a country’s internal security. There is therefore need to put in place stringent legislations and policies that will ensure there is a regulation of immigrants gaining access into the country and that the borders are sufficiently protected. All this, however, needs to be done with respect of human rights been prioritized.
References
American Immigration Council. (2017, October 12). How the United States Immigration System Works. Retrieved from https://www.americanimmigrationcouncil.org/research/how-united-states-immigration-system-works
Baker, P. (2017, August 2). Trump Supports Plan to Cut Legal Immigration by Half. Retrieved December 21, 2017, from https://www.nytimes.com/2017/08/02/us/politics/trump-immigration.html
Department of Homeland Security. (2017, June 4). Frontline June AZ Technology. Retrieved December 21, 2017, from https://www.cbp.gov/frontline/frontline-june-az-technology
Department of Homeland Security. (2015, January 27). Border Patrol Overview. Retrieved December 21, 2017, from https://www.cbp.gov/border-security/along-us-borders/overview
Haddal, C. C., Library of Congress., & Federation of American Scientists. (2010). Border security: The role of the U.S. Border Patrol . Washington, D.C.? Congressional Research Service.
Kim, Y., Library of Congress., & Federation of American Scientists. (2009). Protecting the U.S. perimeter: Border searches under the Fourth Amendment . Washington, D.C.? Congressional Research Service.
Warner, J. A. (2010). U.S. border security: A reference handbook . Santa Barbara, Calif: ABC-CLIO.
