Introduction
In the 1990s when Cold War was ending, and globalization was slowly creeping in, a majority of criminal organizations strengthened and beefed up their operations and expanded them globally (Calcagni, 2010). The formation of these criminal groups has been prompted by different factors such failing government systems in particular countries, open borders, and the renaissance of ethnic and regional issues experienced in the former Soviet Union and other countries. The trends in crime network have taken a different course in the contemporary world. For instance, these organizations have taken advantage of the expanding business and financial market while utilizing the different advancements in technology, expanded worldwide travel, and sufficient global communication networks (Wagley, 2006).
Normally, international crime is often difficult to measure because of its underground nature. Terrorist often strikes when governments and individuals least expect it. Certain studies with conservative estimates have revealed that criminal actions often contribute between two and five percent of the international gross domestic product (GDP) (Beare, 2003). More often than not, it is believed that transnational organized crime (TOC) is rampant in countries with weaker law enforcement systems and individuals have limited ways of survival. For instance, it is common to see farmers shift their focus to drug cultivation thereby enhancing the global narcotics business. Meanwhile, citizens who are unemployed and are seeking for greener pastures abroad usually fall victims of becoming part of people trafficking rings (Beare, 2003).
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On the other hand, different levels of corruption in different governments and constant engagement in illegal trades offer sustainability for crimes. Hence, transnational crimes are perceived to mostly originate from sub-Saharan Africa, the former Soviet Union, Latin America, and the Caribbean. However, the effects are often felt globally. A majority of experts believe that terrorists are capable of funding themselves through crimes because they have been associated with criminal acts such as money laundering, counterfeiting, and other similar activities. More often than not, the United States has been exposed to terror threats because of their retaliation tactics towards them. The threat is often worse when different terror groups work in liaison and form stronger networks across different borders. The paper will explore the concept of transnational organized crime and how the Department of Homeland Security has worked to counter their activities.
What is Transnational Organized Crime?
Over the past years, no standard definition of organized crime has been established. Since 1994, a majority of researchers have defined transnational organized crime as those that comprises of direct or indirect effects in more than one country (Pankratz & Matiasek, 2012). Moreover, experts have stood by the belief that transnational organized crime contrast considerably in structure, power, size, geographical dimension, and the scope and diversity of their activities. In a convention held by the United Nations to dissect about transnational organized crime, the UN and United States settled for the definition of TOC to be a group made up of three or more individuals, which exists for a period and aim at committing one or more dangerous crimes. Moreover, their aim often revolves around attaining financial or material benefits directly or indirectly. It is remarkable to note that the Convention never came up with a precise definition of transnational organized crime nor did it list crimes that fall in this category. In a more specific way in the United States, the term organized crime seemed to have come about in Chicago in 1919, when it was used to refer to bootleg gangs who were rampant during the period (Sanderson, 2004).
However, the definition of the phenomenon has gradually changed since that time. Different criminal activities can be achieved transnationally in an organized way. Moreover, the shifts in globalization, as well as the local conditions, change over time thereby to accommodate these kinds of controversies, a universal definition was left out. In a more comprehensive way based on the Convention meeting, an organized criminal group has three or more people, which exist for a period and acting with the aim of engaging in a punishable crime that will benefit them directly or indirectly either financially or materially.
Traditional versus Modern Networks of Organized Crimes
Normally, particular differences exist between the traditional and modern ways of a crime organization. For instance, the traditional groups are made up of the hierarchical framework that operates incessantly or for an extended period. On the contrary, the modern terror institutions are seen to be more decentralized and are usually compared to cell-like structures (Edwards & Gill, 2004). Besides, a majority of experts have also differentiated these two concepts by comparing them to the states. For instance, the conventional crime institutions depend on the countries for different contracts and services. It is likely to find that the groups have laundered their assets legitimately in business. On the other hand, the modern crime institutions are more likely to succeed in institutions with no governance. It means that they do not depend on the state for money or any forms of assistance. One important factor that should be noted in the two types of network is that they comprise of top representatives in the government. For instance, in Peru, it was discovered that the head of national and anti-narcotics, Vladimiro Montesino was a major participant n drug trafficking trade, sales of weapons, and money laundering activities. Moreover, some government officials in North Korea have been pointed out to be funding and maintaining organized crimes.
Organized Crime versus Terrorism
In the recent times, there has always been an overlap in the definition of organized crime and terrorism. Both groups have always been known to operate in decentralized cell structures, where they tend to target civilians and engage in similar approaches such as kidnapping and illegal businesses to fund their projects. A majority of experts normally differentiate the two groups based on motive. For instance, in many cases, criminal organizations are driven by financial and material gain whereas their religious beliefs often drive terrorists. However, it is difficult to precisely define the motives of the group.
The Major Transitions towards the Development of Organized Crimes
One of the major causes of the development of organized crime is the process of globalization. It has been identified by many researchers to be very instrumental in the initiation of social and economic factors that lead to the occurrence of different crimes, especially those operating in the international markets. The situation was prompted by insufficient legislation between different states, which were weaker establishing effective laws to govern their borders. For instance, this has been a rampant problem in the European countries because they had put an end to the internal border searches and control. Furthermore, the creation of the free market by the European Union has enabled the free movement of people, goods, and services as well as offering the perfect environment for terror activities.
Consequently, the interdependence of business in different countries enabled criminals to establish working relationship easily and engage in their criminal activities without being noticed or raising suspicions. Most criminal organizations took advantage of the lack of border patrols between some countries thereby allowing them to interact and move freely while conducting their affairs. In some countries, the law enforcement officers and the judiciary were limited to their boundaries and national borders.
Trends and the Perception of Transnational Organized Crimes in the United States
The beginning of 1920 towards 1930 saw the United States face an increase in the rates of crimes that presented new characteristics as those compared in the past. The criminal groups within the country and across the borders demonstrated aggressive and dangerous behaviours, which threatened the stability of the community. In the history of organized crime, the Italian Mafia known as the Cosa Nostra were perceived to be the most dangerous. Even though the organization was not exclusive, known and, unknown criminal institutions were gradually penetrating the American soil. After a realization by the American authorities that there were a series of ongoing criminal activities in the country, the different government sets of initiatives and approaches aimed at reducing the phenomenon. Hence, they came up with different emergency laws, which strengthened the authority of the police and enhanced their jurisdiction.
Meanwhile, every governmental agency that was established later on came up with different guidelines to counter the emerging threat of counter terrorism. The United States perceived organized crime to be an emerging unlawful community surviving within the boundaries of the existing legal frameworks as well as different sovereign powers. According to many governmental organizations in the United States, organized crimes were perceived to be a movement of criminals characterized with precise hierarchies as well as a fundamental conspiracy against their country or other countries with the objective of gaining economic or financial material benefit.
However, it is unfortunate to note that the counter organized crime approaches in the United States, which were applied in the 1960s focused on repressive tactics other than preventive methods. It is a choice that did not register success as earlier planned even though several concrete plans could be identified by the authorities against particularly organized crime associations. Moreover, different agencies in the United States strived to the concept of the hard line against organized crimes within their national boundaries, but they realized this did not work without seeking for cooperation with the other affected countries. The main agendas for engaging in such relationships were to enhance worldwide authority cooperation and harmonize the criminal justice systems. Some countries like Mexico resolved to seek help from the United States because their countermeasures and policies were seen to be effective.
By January 2010, the United States government had acknowledged the gravity the transnational criminal groups, which had increased in size and scope. According to Novakoff (2015), the nature of organized crime in the country during this period threatened peace and human security, it violated various human rights and compromised the economic, social, cultural, and political growth in the country as well as its borders. The diversity of the United States borders gives them vulnerability to anyone or anything that attempts to cross their borders. In most cases, illegal traffickers earn a living by researching about the United States borders susceptibilities and assisting their customers to make use of such weaknesses thereby enhancing transnational crime. Statistics indicate that from the beginning of 2011, approximately half a million immigrants from Central America were caught on the United States-Mexican border as they attempted to illegally cross over. A majority of these individuals were helped by middlemen from the United States indicating the extent of these crimes. It should be noted that consequences of weak border control extend beyond the migration issues.
Over time, and with the improved ways of globalization, organized transnational crime has become a worldwide phenomenon and has reached a microeconomic extent. It means that illegal goods are gotten from one continent, transported across another, and marketed in the third. Transnational organized crimes have been known to penetrate different governmental agencies and institutions thereby propelling corruption and penetrating business and politics, which in turn affect the economic and social growth. While addressing this issue, the United Nations argued that such an instance compromises the governance and democracy by granting authority to those operating outside the law. There is no reason to doubt that such situation cannot happen within the United States. In fact, transnational organized crime could be identified during the Great Depression period when several Mexicans were crossing over to the United States illegally in such for employment (Novakoff, 2015). It is a period that was characterized by several illegal trafficking of goods from drugs, weapons, terrorists, and insurgents.
Countering Organized Crime through the Department of Homeland Security
Homeland security refers to the intersection comprising of developing threats and hazards within the conventional government, which has the civic responsibility of providing defense, emergency responses, border controls, immigrations, and law enforcement (Carafano et al., 2013). When all these responsibilities are combined, homeland security has a longstanding duty of protecting the elements of the society and the government. Homeland security is a diverse organization, but most importantly it is a national asset. The term asset is used to refer to the combined attempts and shared the responsibility of the federal, state, local, and territorial governments.
The Homeland Security of the United States has five fundamental missions, which strongly relate to the goals. First, the organization has the responsibility of preventing terrorism and enhancing security. They should aggressively work towards inhibiting the acquisition of unauthorized chemical, biological, radiological, and nuclear materials that can be used to perpetrate terror attacks. The second mission is to secure and manage all the activities taking place at the borders. For instance, they should have effective control over land, air, and sea. Moreover, they should closely monitor any unlawful trades and travels and thwart and disorganize any transnational criminal organizations.
Thirdly, the mission of homeland security is to enforce and implement the stipulated immigration laws. The goals of the missions are to reinforce and efficiently oversee the immigration system as well as prevent unlawful immigration activities. The fourth mission is to safeguard and secure all the activities of the cyberspace. The mission ensures that there is the existence of a resilient cyber environment as well as enhancing cyber security knowledge and innovation. The last mission of homeland security is to promote resilience to disasters. The goals include the mitigation of hazards, promoting preparedness, ensuring a useful emergency response, and establishing rapid recovery (Reese, 2012).
In 2011 when the United States registered and increased in transnational organized crime, the Obama Administration declared the release of the President’s Strategy to Combat Transnational Organized Crime. Accompanying the strategy was a message from the president, which quoted...”this approach revolves around a single and unifying principle of the building, balancing and incorporating the tools of American authority to deal with transnational crimes and the relating threats to the national security. Besides, our partners should be encouraged to follow the same road.” Since the main agency that was given the mandate to secure the nation was the Department of Homeland Security (DHS), it played an instrumental role in the implementation of the Obama Administration’s effort to deal with transnational organized crime (TOC).
Procedures used by DHS to Combat Transnational Crime
Securing and managing the borders
Since its establishment, the DHS has strived to maintain maximum control of the physical borders and any approaches related to the United States. Such measures have ensured that there are no illegal entries or trades within the borders of the United States. Due to this mission of the DHS, the agency is strategically positioned to leverage and allocate resources for combating TOC in the United States and outside (Reese, 2012).
Enhanced intelligence gathering
Research has indicated that the most effective method of reducing corruption and other illegal activities such as cybercrime, drug or human trafficking, and terrorism is through advanced intelligence gathering and information sharing throughout various security agency of the United States. For instance, in November 2010, the Department of Homeland Security, Intelligence, and Analysis unit came up with the Border Intelligence Fusion Section (BIFS), which worked in close relationship with the Department of Justice and Defense as well as other US intelligence community. The aim of creating BIFS was to provide law enforcement, border enforcement, and to maintain intelligence operations within the United States borders. According to Reese (2012), the strategy has proved to be successful, the United States Immigration and Customs Enforcement (ICE) has come up with a new concept known as “Illicit Pathways Attack Strategy,” which is aimed at prioritizing and unifying the authorities and resources through a comprehensive and concentrated manner
Conducting prior threat assessment
President Obama once stated that the American mentality of fighting crimes depend on its motivation and the nature in which it strengthens its defense. Sacrifices have to be made within the open societies and the values of Americans. Securing the borders of the United States by the Department of Homeland Security depends on a prior assessment of future threats.
Challenges Facing DHS in Combating TOC
One of the major challenges that have been faced by DHS and other security agencies in the United States include the changing course of organized crime. Even with the well-established intelligence systems, organized crime groups and terror groups still find ways of eluding the authorities and thwarting their efforts of curbing criminal activities. It has been an issue as well as a symptom in the modern terrorism world. Despite the various resources and funds are given to the DHS department to prevent criminal activities, some of their activities have yielded little efforts. Just like previous researches have revealed, most top government officials are more likely to engage in transnational organized crime. Hence, the Department of Homeland Security can focus their resources on an entirely different operation as they get elude by the top dogs. Such instances have been very common in organized crimes as well as terror groups. Like it is said, terror groups and organized crime thrive on critical information, which is usually a threat to government and the civilians.
On the other hand, the department has been faced with the challenge of executing its responsibilities and missions such as integrating with the private sector to maintain particular infrastructure security. Furthermore, the United States borders are still not secure because illegal trades are still taking place. Criminals have devised different ways to elude authorities making the situation both an issue and a symptom. For instance, recent statistics have revealed that DHS lacked an effective border control method. Different assets and tools such as aerial surveillance equipment that are used to monitor the borders rarely yield productive results. When the movement across the southern and northern borders become uncontrolled, the rates of organized crimes increase forcing the department to promptly restructure their security framework.
Moreover, the department has realized limited success in implementing and reinforcing the nation’s immigration laws. Particular publications have revealed that some immigration programs are ineffective making the work of DHS challenging while trying to accomplish this mission. Some of the immigration systems that have faced vulnerability in the past include vetting, processing of documents, and assessing the immigration benefits of the non-U.S citizens (Sheet, Secure Border Initiative, 2010). Furthermore, DHS has not yielded effective results when tracking citizens who overstayed their visas. Thus, this is an issue because criminal masterminds and gangs exploit these weaknesses and comfortably perform their activities within the United States.
Conclusion
As per the United Nations Convention meeting held in 2010 TOC to be a group made up of three or more individuals, which exists for a period and aim at committing one or more dangerous crimes. Moreover, their aim often revolves around attaining financial or material benefits directly or indirectly (Reese, 2012). It is evident that the United States government has acknowledged the gravity the transnational criminal groups, which has increased in size and scope. The nature of organized crime in the country for the past few centuries has threatened peace and human security as it violated various human rights, and compromised the economic, social, cultural, and political growth in the country as well as its borders. However, the existence of the Department of Homeland Security has been a major reinforcement towards curbing the activities of transnational organized crime. For instance, the President’s Strategy to Combat Transnational Organized Crime established in 2011 by President Obama realized a reduction in these crimes.
One of the reasons that have made the United States borders to become vulnerable to TOC is the nature of their border diversity. It means that criminals and criminal organizations have easy access to the country because of the vulnerabilities in the immigration system. Over time, and with the improved ways of globalization, organized transnational crime has become a worldwide phenomenon and has reached a microeconomic extent. It means that illegal goods are gotten from one continent, transported across another, and marketed in the third. Transnational organized crimes have been known to penetrate different governmental agencies and institutions thereby propelling corruption and penetrating business and politics, which in turn affect the economic and social growth. While addressing this issue, the United Nations argued that such an instance compromises the governance and democracy by granting authority to those operating outside the law. Therefore, the fight against transnational organized crime should include several countries globally, and different security agencies should integrate the resources into this process.
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