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Border and Coastal Security, Port Security, Intelligence and Homeland Security

Name:

Institution:

Instructor:

Course:

Date:

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Is Current Immigration Policy Seriously Treated As A National Security Issue? How Was

It Treated Prior To 9/11?

Prior to 9/11 attack, the migration policy was mostly viewed in terms of strict control on

the US trading partners because illegal immigrants would enter into the US on the pretext of

trade. According to Andreas,1 efforts to reform the immigration policy were greeted with fierce

political exchange. The policy, however, changed after the 9/11 attacks, and focus shifted to the

fight on terrorism, and this is an indication that the current immigration policy is treating national

security seriously.

Since 2001, there has been an increased funding owing to the creation of the homeland

security, which has cost the government $589 billion since 2001 to 2011. Deportation has also

increased, and the government spends about $12 billion on custom and border protection. In

2001, about 18,000 criminals were deported, but in 2012, about 91,000 criminals were deported

and this is an indication that the government has put tight measures on security. In addition, the

immigration policy has allowed local police officers to act as immigration agents, whereby they

share the fingerprints of any criminal caught with the immigration department to ascertain the

nationality of the suspect2.

The Meaning of Open, But Closed Borders

Open borders do not put restrictions on the movements of the people and goods across it,

whereas closed border restricts entry of people and goods, and has gates or fences that are closed

1 Andreas, Peter, Border Games: Policing the U.S.-Mexico Divide, Second Edition, (2009, Ithaca: Cornell University Press) 12.2 Andreas, p. 28.

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to restrict entry. An open, but closed border is, therefore, a border that is open to the entry of the

people, but has put some high demands that must be met for one to attain the entry permit3.

The Customs Border Authority

The Customs border authority entails exercising powers established under the

Department of Homeland Security (DHS) by the Custom and Boarder Protection (CBP) body.

The CBP has the authority to search any luggage entering the US, and also has the authority to

interrogate anyone believed to be an alien, as well as the authority to arrest4.

The Functional Equivalent of the Border

The functional equivalent of the border is the criteria established by the Supreme Court in

relation to the border search. It outlines how passengers and cargo in an international airport are

searched and also how a point or station near the border points can be searched for any alleged

immigration deals. In this case, the functional equivalent of a border can be seen as the act of an

international airport receiving flights from other countries5.

Border Searches under the Fourth Amendment

Under the fourth amendment, border searches must be reasonable, whereby the searches

or seizure conducted by an agent of the government must be reasonable, and must be supported

by a warrant6.

3 Andreas, p. 34.4 Andreas, p. 41.5 Andreas, 57. 6 Andreas, p. 40.

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Bibliography

Andreas, Peter. Border Games: Policing the U. S. -Mexico Divide, Second Edition. Ithaca:

Cornell University Press, 2009.

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The Effects Of Global Transportation System On Port Maritime Operations

Transportation is one of the four cornerstones of globalization. The global transport

system connects one point to various parts of the world. There are various modes of global

transport, but the water transport is the leader, especially in cargo transport. The global water

transport system has revolutionized the port maritime operations. In the first place, the maritime

technologically transformed as a response to globalization. The energy system of powering water

vessels has been transformed from oars to the use of petroleum energy, and other forms of

energy, and this accounts for most of the port activities. Globalization of the transport system has

put pressure on the port security. Chances of illegal goods and terrorists entering the country

through the port are high, and this has forced the maritime operators to put security as top on

their list of priorities. Pressure on the workforce has also increased because cargos come from

various parts of the world, and this has led to 24-hour operations at the port7.

The Meaning Of Economic Dependency On Maritime Transportation

The economy of the US relies on the health of the ocean. In this case, the ocean provides

a number of economic activities, including fishing, engagement in the boating industry, ocean

transport, tourism, and recreation. For every six jobs in the US, one is related to the maritime

industry. In addition, voluminous goods are transported through the ocean, and this forms the

bulk of the US international trade. Six sectors of the economy rely on maritime activities, and

contributes approximately $223 billion to the US GDP8. In this case, it means that the economy

of the US depends on the marine transport sector.

7 Christopher, Kenneth, Port Security Management, (2009, Boca Raton, FL: CRC Press Taylor & Francis Group) 11.

8 Christopher, p. 17

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How The Maritime Transportation Security Act Of 2002 Affect The Port Security

Operations

The maritime Transportation Act of 2002 improved the security operations in the US.

The Act gave the Department of Homeland Security the mandate to secure all the ports in the

US. The Department of Homeland Security implemented regulations, which prevents people

from having unescorted access to the facilities and vessels, which are secure. This Act also

allows individuals without escorted access to, use biometric credentials as a proof of identity. In

addition, Transportation Workers Identity Credentials (TWIC) were created and this was issued

to all workers who qualified9.

Progresses And Challenges 10 Years After The MTSA

Maritime security has collectively improved because of various programs that have been

implemented by the US custom and Boarder Protection after the Maritime Transport Security

Act (MTSA) was implemented. Security programs have been implemented and focuses mainly

on four areas, including vessels and port facility security, security planning, security of the

international supply chain, and information sharing. As a result, a number of maritime security

strategies and plans have been implemented. For instance, the coast guard procedures are in

place and they perform an annual inspection of the facilities at the port. Also, plans have been

put in place for quick security response to domestic port insecurity10.

The DHS has also had some challenges since MTSA was implemented. Among the

challenges include difficulties in collaborating and partnering with other security agents,

difficulties in managing and implementing the security programs, lack of resources and funds to

effect some programs, and lack of quantitative means for performance measures11.

9 Christopher, p. 19.10Christopher, p. 28.11 Christopher, p. 51.

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Bibliography

8

Christopher, Kenneth. Port Security Management. Boca Raton, FL: CRC Press Taylor & Francis

Group, 2009.

Events That Have Had Profound Effects on the US Intelligence

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The intelligence system of the United States has evolved from an amateurish attempt to

spy on the colonial armies in the current sophisticated form of intelligence spying. Nathan Hale

made a breakthrough into the intelligence system by attempting to spy on the British soldiers, but

he was crude in his attempt because the technology had not developed and a number of strategies

were not placed. Before 1880s, during the early year reconstruction, little focus was placed on

intelligence, apart from the efforts of the Union Forces who were spying on the forces of the

South. During the reconstruction period, the intelligence became essential in creating peace as

well as strengthening the union. Further development of the intelligence was experienced until

the times of the World War I12.

During the world war I, President Woodrow Wilson rejected the spies as part of the US

intelligence strategy. However, as the war progressed, the British wooed Woodrow into

accepting the spies as part of the intelligence strategy, and this was used throughout the period of

the World War I. At the start of the world war II, President Roosevelt made some attempt to

strengthen the intelligence unit. He appointed Donovan to head the newly formed nonmilitary

intelligence unit. He also borrowed a number of strategies from the British to strengthen the

intelligence community. Although this was a big step towards the development of the

intelligence community, there was no proper coordination between the nonmilitary intelligence

unit and the military. During the world war II, the weakness of the US intelligence system was

exposed when Pearl Harbor was attacked on 7th December 1941 by the Japanese. The attack

indicated lack of organization, coordination, and exchange of information among various organs

of the intelligence community. As a result, the government created the Office of Strategic

Services and this helped in coordinating information among various intelligence organs. This

12 FAS.ORG, The Evolution of the U.S. Intelligence Community-An Historical Overview, 1996, derived from: http://www.fas.org/irp/offdocs/int022.html (accessed January 11, 2014).

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further led to the creation of the central intelligence group that pushed for the enactment of the

national security Act of 194713.

During the period between 1948 and 1950, the CIA was improved immensely, whereby

its internal format was restructured and expanded to coordinate the intelligence services. During

1970s, further reforms were made despite some turmoil. During 1980s, a number of spy cases

were recorded, but this was a decade of expansion of the CIA and the entire intelligence

community14.

During 1990s, there were few intelligence activities by the CIA, but the FBI increased its

spying and introduced new technologies. In 2001, the intelligence system completely changed,

and a new era of fighting terrorism commenced. An internal review of the CIA was made, and it

was discovered that top officials had failed. The government strengthened its intelligence forces

and new technologies of spying emails and other private communication was initiated. In

addition, all entry points, including the airports and ports were closely monitored. External

intelligence systems were also strengthened, whereby some members of the US intelligence

community have been strengthened15. Today, hardly an enemy plan can escape the eyes of the

US intelligence community.

Bibliography

13 Tobosaru, Nicolae, Evolutions of The U.S. Intelligence community after September 11th 2001, Supplement Geostrategic Pulse, vol. 133, 2012, p. 5.14 FAS.ORG, par 8. 15 Tobosaru, p. 6.

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FAS.ORG. "The Evolution of the U.S. Intelligence Community-An Historical Overview."

FAS.ORG. 1996. http://www.fas.org/irp/offdocs/int022.html (accessed January 11, 2014).

Tobosaru, Nicolae. "Evolutions of The U.S. Intelligence community after September 11th 2001."

Supplement Geostrategic Pulse 133 (2012): 1-12.