ADMINISTRATION OF JUSTICE HOMELAND SECURITY

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Gwendoline Elliott
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1 ADMINISTRATION OF JUSTICE HOMELAND SECURITY I. CREATION AND ROLE OF THE DEPARTMENT OF HOMELAND SECURITY A. Millions of people all over the world watched TV in utter disbelief as the Twin Towers, which had stood as a landmark in the skyline of the New York City, succumbed to the September 11 terrorist attacks. 1. This act of terrorism brought to light that even the most invincible nation was not immune to the conspiracies of terrorists. 2. Congress created the Department of Homeland Security in 2002, during the aftermath of al-qaeda's September 11th, 2001 attacks on the World Trade Center. 3. The new department brought together 22 agencies from across the executive branch in order to improve the country's efforts to guard against terrorism.

2 4. The creation of the Department of Homeland required the biggest government reorganization since President Harry Truman oversaw the consolidation of the armed forces into the Department of Defense. B. The Department of Homeland Security encompasses three primary agencies: 1. The U.S. Immigration and Customs Enforcement Agency (ICE) a. ICE is charged with the responsibility of identifying, investigating, flagging, pointing out, and disabling vulnerabilities within the borders of the United States. (1) This includes the security of the nation s economy, transportation system, and infrastructure. 2. The U.S. Citizen and Immigration Services Agency (USCIS) a. The Citizen and Immigration Services Agency is charged with the tasks of processing petitions for visas, naturalization into the country, and applications for asylum.

3 b. The Citizen and Immigration Services Agency is charged with the task of processing and administrating who gets in and who does not get into the United States. 3. The U.S. Customs and Border Protection Agency (CBP). a. The U.S. Customs and Border Protection Agency is responsible for facilitating international trade and enforcing U.S. trade laws. b. Duties include keeping people, drugs and other contraband from illegally entering the country. c. This agency is tasked with the protection of the business infrastructure of the United States. C. Other agencies that fall under the control of the United States Department of Homeland Security include:

4 1. United States National Guard 2. United States Coast Guard 3. Federal Emergency Management Agency 4. United States Secret Service 5. Transportation Security Administration 6. Civil Air Patrol II DEPARTMENT OF HOMELAND SECURITY MISSION: TO PREVENT TERRORISM AND ENHANCE SECURITY A. The duties and responsibilities of the Department of Homeland Security include the responsibility for protecting the nation from attack, both abroad and at home. 1. Terrorist acts have been around for centuries, as the roots of terrorism began as far back as 1795, beginning with the French Reign of Terror. a. Acts of terrorism were traditionally acts that people or groups committed against their government or ruling class.

5 2. What made the September 11, 2001 attacks stand out is that they were the most brutal attacks ever committed against the United States on our homeland, and that, a foreign terrorist group made them successfully. a. Because of this act of terrorism, the Department of Homeland Security was formed out of 22 formerly separate agencies in b. Their role is to bridge the gap between agencies by bolstering communications, providing response training to agencies and by protecting the nation from attack. 3. The mission of the Department of Homeland Security is made up of five directives: a. preventing terrorist attacks within the United States, b. enhancing the security of our nation s borders, c. enforcing immigration rules and regulations,

6 d. protecting the security of our cyberspace, and e. ensuring proper response to major attacks and natural disasters. B. Information Sharing and Analysis 1. The Department of Homeland Security collects and analyzes information about the susceptibility of the country to any attack, whether it is foreign or indigenous. a. This information is the shared with the American public and other federal agencies. 2. Much of this task involves periodic assessment of the infrastructure and systems critical for the safety of the nation. 3. Based upon the severity of the threat level, the Department of Homeland Security designated 5 colors to represent the different levels of threat. a. Green color represents the least threat level. b. The threat level progressively increases from green, blue, yellow, and orange. c. The highest threat level is red.

7 C. Prevention and Protection 1. According to its analysis of the threat level, the Department of Homeland Security is responsible to ensure prevention and protection of the nation against such threats. 2. The threats include terrorism, natural disasters or any other large scale emergency. a. The Department of Homeland Security ensures border security, regulates immigration and maintains infrastructure security. 3. It is the responsibility of the Department of Homeland Security to make certain that the nation is prepared in case of any terrorist attack or natural disaster. a. In the event of such incidents, the department provides a swift and coordinated response to the emergency and rescue efforts.

8 III. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT A. Immigration and Customs is a federal law enforcement agency responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation's border, economic, transportation, and infrastructure security. 1. Immigration and Customs has two primary components: Homeland Security Investigations and Enforcement and Removal Operations. 2. Immigration and Customs is charged with the investigation and enforcement of over 400 federal statutes within the United States, and maintains attachés at major American embassies overseas. 3. Immigration and Customs is led by a director, who is appointed at the sub-cabinet level by the president of the United States, confirmed by the Senate, and reports directly to the Secretary of Homeland Security. 4. Immigration and Customs is the second largest criminal investigations agency in the United States second only to the FBI.

9 5. The mission of Immigration and Customs is to protect the United States and uphold public safety by enforcing immigration and customs laws. 6. Immigration and Customs has over 15,000 employees in over 400 domestic and 50 international offices. B. Homeland Security Investigations 1. Homeland Security Special Agents use their broad legal authority to investigate and combat a range of issues that threaten the national security of the United States such as: a. human rights violations and human trafficking b. drug smuggling and weapons trafficking c. terrorism, organized crime and gang investigations d. financial crimes including money laundering, bulk cash smuggling, and financial fraud e. terrorism

10 f. computer crimes including the international trafficking of child pornography over the Internet g. intellectual property rights crimes (trafficking of counterfeit trademark protected merchandise) 2. Homeland Security agents conduct Investigations aimed at protecting critical infrastructure industries that are vulnerable to sabotage, attack or exploitation. 3. Homeland Security agents also provide security details for dignity witness protection, and support the U.S. Secret Service's mission during overtaxed times such as special-security events and protecting candidates running for president of the United States. C. Homeland Security Intelligence Operations 1. The Office of Intelligence employs a variety of Special Agents, Intelligence Research Specialists, and Intelligence Officers to meet the Homeland Security Investigations tactical and strategic intelligence needs.

11 a. These intelligence professions collect, analyze, and disseminate intelligence for use by the operational elements of the Department of Homeland Security. 2. The Office of Intelligence works closely with the United States Intelligence Community and the intelligence components of other federal, state, and local law enforcement agencies. 3. The Office of Intelligence employs social networks, geospatial, financial, psychological, and telecommunications analysis to create visual link charts and finished intelligence reports. 4. The Office of Intelligence field office analysts are typically assigned to areas such as: a. financial crimes, b. counter-proliferation, c. intellectual property rights, d. narcotics, e. or document fraud.

12 5. Immigration and Customs intelligence professionals typically develop an expertise in one area, such as: a. target assessment and recruitment, b. intelligence report writing, and c. other tactical intelligence support. D. International Affairs 1. The Office of International Affairs has agents in over 60 locations around the world and represents the Department of Homeland Security beyond the borders of the United States. 2. Overseas Homeland Security Investigation agents work with their foreign counterparts to identify and combat transnational criminal organizations before they can threaten the United States.

13 E. Enforcement and Removal Operations 1. Enforcement and Removal Operations is responsible for enforcing the nation's immigration laws and ensuring the departure of all persons who are in the United States illegally. a. Immigration Enforcement Agents identify, arrest, and remove all persons who are in the United States unlawfully in violation of United States immigration laws. b. Immigration Enforcement Agents are the uniformed presence of immigration enforcement within the interior of the United States. (1) They are responsible for the transportation and detention of non-citizens in the United States unlawfully and were taken into custody by Immigration and Customs Enforcement Agents. (2) Deportation Officers assist in the prosecution of non-citizens for illegal re-entry after deportation and monitor cases during deportation proceedings.

14 2. Deportation Officers and Immigration Enforcement Agents also operate strategically placed Fugitive Operations Teams. a. These teams locate, apprehend, and remove people in the United States without authorization who have absconded from immigration proceedings and try to remain in the United States with an outstanding Warrant of Deportation. 3. Enforcement and Removal Operations is also responsible for management of the Secure Communities program. a. This program identifies removable and criminal non-citizens who entered the United States unlawfully and are now in jails and prisons across the United States. b. Fingerprints submitted as part of the normal criminal arrest and booking process will automatically be checked with: (1) the Integrated Automatic Fingerprint Identification System of the FBI s Criminal Justice Information Services Division, and

15 (2) the Automated Biometric Identification System of the Department of Homeland Security s US-VISIT Program. IV. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES A. The priorities of the U.S. Citizenship and Immigration Service are to promote national security, to eliminate immigration case backlogs, and to improve customer services. 1. The U.S. Citizenship and Immigration Service is headed by a director who reports directly to the Deputy Secretary for Homeland Security. 2. The U.S. Citizenship and Immigration Service is charged with: a. processing immigrant visa petitions, b. processing naturalization petitions, c. processing asylum and refugee applications, d. administration of immigration services and benefits,

16 e. issuing employment authorization documents f. granting lawful permanent resident status, and g. granting United States citizenship. B. The Executive Office for Immigration Review includes the Immigration Court and the Board of Immigration Appeals. 1. The Executive Office for Immigration Review, examines decisions made by the Citizenship and Immigration Service and apprehensions made by Customs/Border Protection, Immigration and Customs Enforcement. a. The bureau consists of approximately 15,000 federal government employees and contractors who work in over 250 field offices in the United States and around the world. C. The U.S. Citizenship and Immigration Service focuses on several key points on the immigrant's journey towards civic integration.

17 1. When immigrant s first become permanent residents and when they are ready to begin the formal naturalization process. 2. A lawful permanent resident is eligible to become a citizen of the United States after holding a Permanent Resident Card for at least five continuous years, with no trips out of the United States that last for 180 days or more. 3. If the lawful permanent resident marries a U.S. citizen, eligibility for U.S. citizenship is shortened to three years so long as the resident has been living with the spouse continuously for at least three years and the spouse has been a United States citizen for at least three years. V. U.S. CUSTOMS AND BORDER PROTECTION (CBP) A. The (CBP) is a federal law enforcement agency of the United States Department of Homeland Security. 1. The agency is charged with the following responsibilities:

18 a. regulating and facilitating international trade, b. collecting import duties, and c. enforcing U.S. regulations, including trade, customs, and immigration, d. preventing terrorists and terrorist weapons from entering the United States, e. apprehending individuals attempting to enter the United States illegally, f. stemming the flow of illegal drugs and other contraband, g. protecting American businesses from intellectual property theft, and h. protecting United States agricultural and economic interests from harmful pests and diseases. 2. U.S. Customs and Border Protection is the largest law enforcement agency in the United States.

19 a. It has a workforce of more than 58,000 sworn federal officers and agents, agriculture specialists, aircraft pilots, trade specialists, mission support staff, and canine enforcement officers and agents. b. More than 21,180 Customs and Border Protection Officers inspect and examine passengers and cargo at over 300 ports of entry. c. Over 2,200 Customs and Border Protection Agriculture Specialists work to curtail the spread of harmful pest, plant and animal diseases that may harm America s farms and food supply or cause bio-terrorism and agro-terrorism. d. Over 21,370 Border Patrol Agents protect and patrol 1,900 miles of border with Mexico and 5,000 miles of border with Canada. e. Nearly 1,050 Air and Marine Interdiction Agents prevent people, weapons, narcotics, and conveyances from illegal entry by air and water.

20 f. Nearly 2,500 employees in Customs and Border Protection revenue positions collect over $30 billion annually in entry duties and taxes through the enforcement of trade and tariff laws. (1) These collections provide the second largest revenue for the United States Government. g. The Customs and Border Protection Canine Enforcement Program maintains the largest number of working dogs of any federal law enforcement agency. (1) K-9 teams are assigned to 73 commercial ports and 74 Border Patrol stations throughout the United States. B. There are over 300 officially designated ports of entry and additional pre-clearance locations in Canada, Ireland and the Caribbean. 1. Customs and Border Protection is also in charge of the Container Security Initiative, which identifies and inspects foreign cargo in its mother country before it is to be imported into the United States.

21 2. Customs and Border Protection assess all passengers flying into the U.S. for terrorist risk through the Joint Terrorism Task Force and the Advance Passenger Information System. 3. Customs and Border Protection also works with the U.S. Food and Drug Administration to screen high-risk imported food shipments in order to prevent bio-terrorism/agro-terrorism. 4. Through the Container Security Initiative, Customs and Border Protection works jointly with host nation counterparts to identify and screen containers that pose a risk at the foreign port of departure before they are loaded on board vessels bound for the United States. 5. The Secure Electronic Network for Travelers Rapid Inspection program allows pre-screened, low-risk travelers from Mexico to be processed through dedicated lanes. 6. The NEXUS program allows pre-screened travelers expedited processing by United States and Canadian officials at dedicated processing lanes at designated northern border ports of entry.

22 7. Customs and Border Protection has implemented the Free and Secure Trade Program, which utilizes transponder technology and pre-arrival shipment information to process participating trucks as they arrive at the nation s borders. C. Customs and Border Protection enforcement powers 1. Customs and Border Protection has the authority to search outbound and inbound shipments, and uses random targeting of carriers to inspect in order to carry out its mission in this area. 2. Under Section 596 of the Tariff Act, Customs and Border Protection agents are required to seize and forfeit all merchandise they discover that is stolen, smuggled, or clandestinely imported or introduced. 3. Customs and Border Protection agents are also required to seize and forfeit controlled substances, certain contraband articles, and plastic explosives that do not contain a detection agent.

23 4. Customs and Border Protection agents may also seize any merchandise if: a. its importation is restricted or prohibited because of a law relating to health, safety or conservation; b. the merchandise is lacking a federal license required for the importation; c. the merchandise or packaging is in violation of copyright, trademark, trade name, or trade dress protections; d. the merchandise is intentionally or repetitively marked in violation of country of origin marking requirements; or e. the imported merchandise is subject to quantitative restrictions requiring a visa or similar document from a foreign government, and the document presented with the entry is counterfeit. D. Despite including a majority of the federal entities entrusted with the responsibility of protecting the country from terrorist attacks, a large part of security work falls outside the guidance of Customs and Border Protection.

24 1. The primary reason why some responsibility for protecting the country from terrorist attacks and national security falling outside Customs and Border Protection is because the FBI, the CIA, the Department of Defense and the Department of Health and Human Services are not part of the Department of Homeland Security.

Introduction to Homeland Security

Introduction to Homeland Security Chapter 6 Border Security, Immigration, & Customs Enforcement Border Control The borders of any country are strategically important because of the critical role they play