23 May 2022

122

Regulating the United States Borders

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Academic level: College

Paper type: Research Paper

Words: 3451

Pages: 13

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Long before the incidents of September 11, 2001, the U.S. government's security strategists had recognized that prevention was of vital importance in national security (Johnson & Woodhouse, 2018) . The military strategy employed by the government was the deployment of assets and points of influence as core tactics to prevent opponents from taking aggressive measures and quickly interrupting them before they began. Law enforcement agencies developed at snail speed in adopting a preventive approach (Johnson & Woodhouse, 2018) . However, the federal government still acknowledged the need for deploying resources abroad to disrupt and intercept perceived threats far from the United States border. In the wake of September 9/11, the federal government proactively began enhancing security in densely populated areas and near prospective high-value terrorist targets (Johnson & Woodhouse, 2018) . The events of 9/11 also pushed internal and external prevention strategies to a new prominence both in civilian and military strategies. Forward deployment became a priority for the U.S government, including massive regime changes as the U.S. military forces were deployed in Iraq and Afghanistan. In addition to these strategies, there was the need for the development of a more robust and resilient border security program that emphasized on the need for mitigating the threats of both immigrants and terrorists in U.S borders (Koslowski & Schulzke, 2018) . However, 19 years after 9/11, organized crime and terrorism continue to plague the U.S. Many of these threats originated from both inside and outside the U.S., and improved border security helps in the mitigating of these threats (Koslowski & Schulzke, 2018) . This paper provides an overview of known terrorist threats along the U.S borders, immigration control, and the effectiveness of border security efforts. 

For decades, the policy debate over the protection of the U.S. borders, there has been a rift between those who believe that the nation's borders can be secured against unlawful entry by force and those who believe that efforts to achieve these are vain without expanded legal framework opportunities (Koslowski & Schulzke, 2018) . The relationship between crime and immigration in the United States is a contested topic, but it is not a new one. In the late 19th and early 20th centuries, there was a perception that immigration and crime were related. In congressional debates, it was stated that foreign countries encouraged convicted criminals to immigrate to the United States (Koslowski & Schulzke, 2018) . This indicates that the relationship and characterization of the United States – Mexico borders as a place of extensive criminal activities dates to more than hundred years ago as well as the debate on whether immigration intensifies criminal activities and other social problems. Interagency groups and news agencies are primarily concerned with the movement of immigrants from Central America/Mexico into the U.S. due to the sophisticated international criminal enterprises comprising of gangs drug cartels and human traffickers that stretch from the Southern border to Central and South America to Europe and Africa (Wasem, 2018) . Many are concerned that these networks are not only responsible for the drug war in Mexico, but they also present a significant threat to Americans and law enforcement agencies living and operating along the border. Besides, their links with U.S.-based criminal enterprises directly contributes to criminal activities in the United States. 

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For most of its history, the U.S. lacked robust security regulations over its borders and thus the increased efforts over the past two decades to close its borders to illegal immigrants (Koslowski & Schulzke, 2018) . Following the abolition of the Bracero Program in the 1960s that offered interim permits to Mexican citizens led to an increase of unauthorized migration to the United States (Wasem, 2018) . In the 1990s, the number of unauthorized Mexican youths in the United States labor market had soared because the Mexican economy was too weak to absorb them. Efforts to prevent unauthorized entry into the United States began in 1993 when the border patrol Chief in El Paso, Silvestre Reyes decided to deploy 400 agents and assigned them on a 24-hr patrol on the heavily trafficked miles between the cities of El Paso, Texas and Juarez Mexico (Koslowski & Schulzke, 2018) . The initiative came to be known as "Operation Hold the Line", and it was deemed successful in lowering the number of Mexican immigrants entering the U.S. borders. In 1997, the government deployed "Operation Gatekeeper" in Southern California along with the Tijuana, Mexico and San Diego that resulted in a 65% decrease in illegal crossings to the United States (Wasem, 2018)

In recent years, there have been claims that illegal immigrants present a threat to the safety of citizen, and this was the cornerstone of the 2016 presidential election. Immigration policies such as "build the wall" are partially implemented on the basis that unauthorized immigrants are responsible for the unequal share of crimes in the United States, therefore, devoting more funds to immigration enforcement will help curb illegal immigration and reduce crime (Wasem, 2018) . However, this is contrary to existing research that indicates that immigrants are less likely than U.S. citizens to indulge in crime and that areas with more immigrants are likely to have lower crime rates than areas with fewer immigrants. Additionally, there is no concrete evidence that suggests that illegal immigrants tend to commit more crimes than U.S. citizens (Wasem, 2018) . Although there is a plethora of evidence suggesting that border control and enforcement has reduced the number of unlawful immigrants arriving into the United States, there is evidence that suggests it has led to a decline in crime rates. 

The Threat Landscape at America's Borders

The ports and borders in the U.S. harbour tens of millions of freight and hundreds of millions of passengers entering the nation each year while thousands of unlawful consignments and undocumented migrants are captured, arrested, or deported Conversely, there are thousands of undocumented persons that elude border patrol agencies and detection and arriving into the U.S. dishonestly (Bloemraad & Voss, 2019) . Also, there are thousands of kilograms of banned drugs and other contraband goods into the nation, as well as hundreds of thousands of immigrants who may be casualties of human smuggling (Bloemraad & Voss, 2019) . These statistics are a manifestation of DHS's (Department of Homeland Security) multifaceted border security task force which calls on the organization to " prevent the illegal flow of people and goods across U.S. air, land, and sea borders while expediting the safe flow of lawful travel and commerce; ensure security and resilience of global movement systems; [and] disrupt and dismantle transnational organizations that engage in smuggling and trafficking across the U.S. border (Bloemraad & Voss, 2019) ." Comprehensive security regulations and policies at the nation's borders guarantee the movement of millions of persons and facilitate billion of transactions of legal commerce annually. Nevertheless, combined with the legal activities, there exist multifarious illegal enterprises that are trying to take advantage of the porous borders of the U.S. Although the nature of threats has changed, the long-standing mission for nationwide security at the border by the American government dates to post 9/11 (Bloemraad & Voss, 2019) . Any individual who contends to harm America or whose existence may result in harmful outcomes may be deemed as a potential threat or target for immigration policies. 

The Relationship between Immigration and Crime

The standard economic theory asserts that criminal behavior is directly related to opportunity costs. Massey et al. (2020) assert that offenders must first examine the costs and benefits of committing crimes before they engage in delinquent behavior. Therefore, if the expected costs outweigh market opportunities and severe punishment, the less likely people would be committing crimes (Massey et al., 2016) . When the theory is applied to the immigration debate in the United States, it results in disproportionate projections. All things considered, immigrants may engage in delinquent behavior because of the lack of employment opportunities or based on their low earnings when compared to American citizens. In addition, the immigrant population in the United States tends to be disproportionately young and male – sone of the attributes that are associated with criminal behavior as they are perceived by the criminal justice system to be more likely to engage in crime than the native American citizen (Massey et al., 2016) . Conversely, immigrants that commit crime tend to face severe punishments than Americans. If convicted, noncitizens may be prevented from re-entering the United States or rendered ineligible to become U.S. citizens. Based on this, it is less unlikely that immigrants would engage in crime than U.S. natives. 

Based on empirical evidence, the likelihood of immigrants committing a crime than American citizens is lower despite the disproportionate labor market prospects. To begin, the deterrence effects above influence their inability to commit crimes (Massey et al., 2016) . From the fear of deportation and longer jail times, noncitizens are more responsive to deterrence crime policies than U.S citizens. Other factors, such as increased police presence in their neighborhoods, their inability to become U.S. citizens, and the positive selection in their home countries, means that they are less likely to engage in crime (Hernandez, 2011) . Often than not, the immigrants in the United States come mainly to work and attain the American dream, thus their relatively low propensity to engage in criminal behavior (Hernandez, 2011) . Border immigration policies also screen out lawful immigrants who would engage in crimes. In addition, immigrants coming to the United States may be closely tied to communities and families, which reduces their likelihood of engaging in criminal activity. 

The Outcomes of Border Enforcement Strategies on Immigration and Crime

In the past three decades, there has been an increase in the United States border policies and initiatives. This was in response to evolving social and economic compositions in the U.S. and Mexico (Hernandez, 2011) . These interventions were deployed and implemented for national political reasons and not established on a logical evaluation of the factors that were advocating for illegal immigration to the United States or an analysis of how it could be managed. Massey et al. (2020) state that the cause of unauthorized immigration is somewhat permanent than temporary as immigrants move abroad to maximize their earnings. NELM (The New Economics of Labor Migration) posits that families use immigration as a way of coping with risks and putting an end to inadequate access to capital at home (Hernandez, 2011) . Instead of relocating to the United States permanently, immigrants are momentarily sent abroad so that they can generate income streams to insure them against tough local economic situations as well as amass savings for investing and expenditure. 

There has been a significant decrease in the quantity of undocumented immigrants into the U.S., and in 2017 the country had the lowest number of apprehensions since 1971 (Orrenius & Zavodny, 2019) . Between 2005 and 2016, the successful number of unauthorized entries dropped by 85% from 2 million to 200,000. Based on empirical evidence, increased border enforcement policies by the United States have resulted in a decrease in illegal immigrants. In addition to the policies, Mexico is experiencing improved political and economic conditions that have caused the decline. 

In the last decade, border enforcement policies and regulations have done little to attend to the economic enablers of immigration, such as higher ages and persistent labor demands in the U.S. and the inexhaustible marker forces and low earnings in Mexico (Orrenius & Zavodny, 2019) . Border enforcement policies and regulations do not consider the availability of well-structured networks that can support and sustain illegal immigrants into the United States and thus outmaneuver border enforcement efforts. Based on the evidence above, the building of the high wall or the militarization of the United States border can deter illegal immigrants from entering the country (Orrenius & Zavodny, 2019) . However, it will instead prompt them to revamp their approaches to border-crossing while continuously accessing the readily available employment opportunities in the U.S. The United States border enforcement strategy is at a disadvantage because enforcement strategies are primarily targeted at specific entry points which consequently lead to the migrants moving to less patrolled remote and riskier border-crossing sites (Kerwin, 2017) . The strategic improvements employed by migrants will offset the initiatives undertaken by border enforcement agencies; thus, there will be success entries into the United States and continued access to the countries labor markets. The rising costs in border crossing will discourage migrants' return migration, thus remaining in the U.S for longer with the likelihood of settling, which will increase the illegal inflow of migrants and reduce out-migration (Kerwin, 2017)

Criminal Enterprises Along the South West Border

According to DHS and interagency efforts, America supports a multi-billion-dollar illegal drug market. An estimated 11% (30 million) of Americans aged twelve and older had used illegal drugs in the past month in 2016 (Kerwin, 2017) . According to the 2018 NTA (National Threat Assessment), Mexican multinational criminal enterprises continued to control the U.S. drug market. According to the report, they remain the greatest drug criminal enterprise threat to the United States is and no other criminal gang is positioned to confront them (Kerwin, 2017) . The DFA (Drug Enforcement Administration) states that these criminal gangs maintain and expand their influence along their South West border by controlling the lucrative drug smuggling corridors and building business coalitions with other criminal enterprises, multinational and U.S.-based gangs (Kerwin, 2017) . Criminal organizations along the Southwest Border present a considerable threat to the national security of the U.S. The more than 2000-mile border separating the United States and Mexico consists of transport hubs, population centres, tribal lands, and inhabited deserts.

The criminal organizations along the Southwest Border employ the use of the most sophisticated and advanced military weapons, paramilitary tactics, and state of the art technology. The cartels also display unparalleled command and control key smuggling routes in the United States and Mexico. Over the last decade, criminal drug enterprises have used intimidation and bribes to exert their authority. The Southwest Border is emerging as the transition point for the smuggling of fentanyl. The Mexican government in 2017/18 intercepted more than 80 percent of fentanyl seizures per month, and the Mexican army reported an increase in multiple fentanyl seizures in 13 of 32 Mexican states (Kerwin, 2017) . During the same period, the Southwest Border experienced an increase in the seizure of synthetic opioids and the detection of clandestine laboratories. The criminal drug enterprises at the Southwest border continue to move drug consignments through semi-submersible boats. Other methods include bribing border officials, cutting or destroying fences, traversing the desert using unmanned aerial vehicles, and using dead drops in concealed areas (Alden, 2017) . Other than drugs, these criminal drug enterprises are also involved in the smuggling of illegal weapons across the Southwest Border, which is financed by proceedings from illegal drugs. The trafficking, smuggling, and the export of illicit weapons from the United States into Mexico pose a big threat to the security and safety of both countries. 

In addition to the dangers presented by coordinated criminal gangs in the Southwest Border, the perceived threat of extremist attacks in the U.S. is a vital concern for law enforcement agencies both in the Northern and Southern borders. Forces of law and order in the U.S. apprehend thousands of SIA (special interest aliens) and SIC (special interest countries) with known terrorist associations seeking to cross the U.S. border (Alden, 2017) . Most of the special interest aliens are smuggled across the Southwest Border. At the same time, the availability of Islamist groups in Canada presents a significant terrorist threat to the United States' northern border. Law enforcement agencies, researchers, and psychologists contend that terrorists look for security deficits and innovative wats to exploit them. Often than not, terrorists take advantage of the weaknesses in security policies, systems, and strategies to operate efficiently (Alden, 2017) . Terrorists know the Southwestern Border to harbour well-established criminal enterprises that maintain advanced criminal networks that are used to smuggle drugs and people through the Southern Border of the U.S. These networks can be used by terrorist groups to smuggle biological weapons, WPMD (weapons of mass destruction), and explosives into the U.S (Alden, 2017) . In addition, terrorists possess the knowledge that the Northern and Southern corridors into the United States remain relatively unsecured and can be used to conduct terrorist activities. It is also a known fact that extremist Islamic groups operate in Central and South America, and they conduct illegal money concealing schemes, illegal drug trade and dealing in arms that channel millions of dollars to multinational terrorists every year. 

Current State of Border Security: Wins, Losses and Recommendations

The United States immigration policy targets to achieve a comprehensive set of objectives such as providing refuge to individuals fleeing persecution, reunite families, support economic growth and advance geopolitical interests (Reich, 2018) . The immigration policy of the country is also aimed at promoting and protecting public safety and national security by weeding out immigrants who pose a threat. Balancing the need for security along the border as well as protecting the interests of individuals, corporations, and the country is a daunting challenge. Over the last decade, U.S. immigration policies have made significant progress in order to meet these difficult challenges (Reich, 2018) . Over the last decade, border enforcement agencies have experienced increased funding and more than doubled the number of agents to help promote border security. The use of the immigration policy as an advocate for promoting national security and public interests has increased in the last decade. Since the proceedings of 9/11, it becomes imperative that the U.S. required stricter and more thorough measures in the screening of applicants for both permanent and temporary visas and the need for more coordination among internal and foreign agencies.

The building of a robust border enforcement policies combined with severe implication for undocumented immigrants crossing into the United States has played a critical role in reducing illegal immigrants across U.S. borders (Reich, 2018) . However, there is no evidence to show that there are criminal or terrorist activities. There is a possibility that implementing strict policies and severe consequences would still be effective as it is the approach employed by the Trump administration in reducing undocumented immigrants into the United States. An additional concern with increased funding and staffing, the building of the wall, and detaining and releasing immigrants with minors' offenses indicates that fewer resources have been devoted to detecting, preventing and combating more serious crimes both internally and at the border. 

Many leading researchers have argued that immigration policies were designed to fail because the decision to migrate illegally is being fueled by the economic opportunities available in the United States labor markets and strict enforcement policies will never sufficiently act as a powerful deterrent. Alden (2017) claims that immigration and border enforcement policies are not an effective strategy in the control of undocumented migrants into the U.S. He asserts that the need for immigration policies was not built on any logical, empirical evidence but for the sole purpose of resource acquisition and political mobilization. 

Although there have been significant improvements in immigration policy and border security programs, major deficiencies persist (Johnson & Woodhouse, 2018) . Today, the Northern and Southern borders remain unsecured. Another negative implication is the failure by DHS to deploy a unified technological solution to control more than 1500 miles of the Southwest Border, which will lead to effective detection of undocumented immigrants. Taking into consideration the described entry possibilities and the trend in apprehension, it is evident that nation's law enforcement agencies have very little to show for the massive investments in border security and enforcement between 2010 and 2019. The increased spending has had some effect on deterrent efforts and apprehension but not the likelihood of entry and criminal activities. 

Recommendations

Strengthening Law Enforcement and Interdiction Capabilities 

To firmly secure and control its borders, the U.S. must intensify its law enforcement and interdiction capabilities between the POEs (point of entry) (Johnson & Woodhouse, 2018) . The U.S. must also raise awareness by implementing advanced technologies, reinforced by the collaboration between criminal intelligence and investigative information to facilitate criminal investigations, promote apprehensions and attain successful prosecutions (Hernandez, 2011) . The U.S. must also improve access to intelligent informing among local, state, federal, and cross-border law enforcement agencies to enhance a combined understanding on the impacts of the activities in the Southwestern borders has on populations in Mexico and the U.S (Johnson & Woodhouse, 2018) .

Leverage the Use of Multi-Jurisdiction and -Agency Law Enforcement Agencies

The U.S. government must employ the required measures and steps to harness resources with local, state, territorial, tribal, local and international agencies along the Southwestern Border to carry out interagency inquiries and prosecutions to multinational criminal organizations (Koslowski & Schulzke, 2018) . These efforts may pertain the synchronization of law enforcement officers, prosecutors and interagency efforts in identifying coordination attack efforts. 

The Use of Deterrence technologies 

The U.S must employ the use of a multi-layered approach consisting of manned and unmanned systems, land and air-based sensors, and physical and virtual barriers to reliably and successfully deter the trafficking of illegal substances between the United States and Mexico (Koslowski & Schulzke, 2018)

Family Unity Should Remain the Centerpiece U.S. Immigration Policy 

Since 1965, family unity has been the centerpiece of U.S immigration policies, and family-based visas constitute more than two-thirds of visas awarded every year. Today, family-based immigration has been disadvantaged by the Trump administration, and many of the enacted policies favor skilled workers (Bloemraad & Voss, 2019) . Family-based immigration must remain the cornerstone of U.S. immigration policy as they help foster the positive socioeconomic outcomes of immigrant families and their children as well as the psychological benefits associated with family support. 

Prioritizing the Gathering and Dissemination of Empirical Evidence 

The immigration policies in the United States do not depend on credible, accurate and timely data and research to meet their objectives. The country's immigration employment database has not been overhauled in nearly 53 years or revised in the last 30 years (Alden, 2017) . Currently, the U.S. law cannot adjust visa categories based on changing needs and priorities of immigrants. Therefore, the system lacks responsiveness and flexibility, which is a deficiency. Due to the changing needs of immigrant and the underlying socioeconomic factors in both the U.S and Mexico, there should be "subject centered" research to inform on the country's immigration policy (Alden, 2017) .

Immigration and border security remain a hot and contested pollical issue in the American public discourse. There is the need for evidence-based research to inform the decisions of the federal government on immigration policies as 1) the changing nature of the immigrant population, 2) the decline in tradition crossing for Mexicans to the U.S. in search for employment which has been supplemented by an increase in Central Americans, and 3) the apprehension of non-Mexicans on the border has reduced. The U.S. is also experiencing an increase in the number of refugees seeking asylum in the country and given the dangers that they experience, and this will be a difficult population to deter. 

Immigration policies are not programs to be administered; instead, they are phenomenon's to be managed. While there are limits to what the federal government can control, effective immigration governance combined with sound policies and laws that encompass national interests is vital to maintaining sovereignty in the U.S. 

References

Alden, E. (2017). Is Border Enforcement Effective? What We Know and What it Means. Journal on Migration and Human Security , 5 (2), 481-490. https://doi.org/10.1177/233150241700500213

Bloemraad, I., & Voss, K. (2019). Movement or moment? Lessons from the pro-immigrant movement in the United States and contemporary challenges. Journal of Ethnic and Migration Studies , 46 (4), 683-704. https://doi.org/10.1080/1369183x.2018.1556447

Hernandez, J. (2011). The Changing Face of Ethics in the Workplace: Care and the Impact of Immigration Enforcement. Issues in Business Ethics , 157-174. https://doi.org/10.1007/978-90-481-9307-3_9

Johnson, R., & Woodhouse, M. (2018). Securing the Return: How Enhanced US Border Enforcement Fuels Cycles of Debt Migration. Antipode , 50 (4), 976-996. https://doi.org/10.1111/anti.12386

Kerwin, D. (2017). Moving beyond Comprehensive Immigration Reform and Trump: Principles, Interests, and Policies to Guide Long-Term Reform of the US Immigration System. Journal on Migration and Human Security , 5 (3), 541-576. https://doi.org/10.1177/233150241700500301  

Koslowski, R., & Schulzke, M. (2018). Drones Along Borders: Border Security UAVs in the United States and the European Union. International Studies Perspectives , 19 (4), 305-324. https://doi.org/10.1093/isp/eky002Massey, D., Durand, J., & Pren, K. (2016). Why Border Enforcement Backfired. American Journal of Sociology , 121 (5), 1557-1600. https://doi.org/10.1086/684200

Orrenius, P., & Zavodny, M. (2019). Do Immigrants Threaten US Public Safety? Journal on Migration and Human Security , 7 (3), 52-61. https://doi.org/10.1177/2331502419857083

Reich, G. (2018). Hitting a Wall? The Trump Administration Meets Immigration Federalism. Publius: The Journal of Federalism , 48 (3), 372-395. https://doi.org/10.1093/publius/pjy013

Wasem, R. (2018). Immigration Governance for the Twenty-First Century. Journal on Migration And Human Security , 6 (1), 97-120. https://doi.org/10.1177/233150241800600105

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