T5 B42 Ziglar Materials 5 Of 6 Fdr- Outline- Proposals For Border Control 095

Border Management INS Proposals For Controlling The Border 1.

U.S. Border Patrol (between the Ports-of-Entry)

1.1

Short-Term Actions:

1.1.1

Department of Defense f DoD) Support to the Northern Border

1.1.1.1 Military Intelligence Analysts to Northern Border Sectors Four (4) analysts each to eight (8) sectors = 32 analysts. Benefit: Enhanced liaison, analysis and intelligence to support enforcement operations. Proven success in early '90's. Analysts can be integrated into existing Intelligence Units. Impact: Budgetary/Resource impact for DoD Speed of Implementation: DoD controlled - estimate 30-45 days 1.1.1.2 Deploy Military Listening Point/Observation Post (LP/OP) Ten (10) LP/OP units of six (6) personnel each per sector = 480 total personnel. Benefit: Used in Border Patrol sectors to observe remote areas from concealed positions and report illegal or suspicious activities to agents who can respond and investigate. Expands coverage of the border and serves as a force multiplier for Border Patrol operations. Impact: Possible diplomatic implications with Canada. Speed of Implementation: DoD controlled - estimate 30-45 days 1.1.1.3 Deploy Military Support Personnel to Northern Border (i.e. Electronics Technicians and Mechanics) Sixty-four (64) support personnel for the Northern Border. Benefit: Maintain/augment maintenance requirements for agent support equipment and vehicles. Impact: Budgetary/Resource impact for DoD Speed of Implementation: DoD controlled - estimate 30-45 days 1.1.1.4 Increase Air Operations Using Military Aircraft Two (2) twin-engine helicopters per sector = 16 helicopters. Benefit: Increased surveillance capacity, increased air to ground coordination. Impact: Budgetary/Resource impact for DoD. Potential perception of "militarization of the border." Speed of Implementation: DoD controlled - estimate 30-45 days 1.1.1.5 Increase Marine Patrol with Assistance from Coast Guard Benefit: Increased surveillance and interception capabilities along water boundaries. Impact: No political impact. Assets might be charged against current Coast Guard operations. Speed of Implementation: Department of Transportation controlled - estimate 30-45 days

Border Management INS Proposals For Controlling The Border 1.2

Mid/Long-Term Actions

1.2.1

Personnel Enhancements to Border Patrol Sectors (Agents and Support Staff)

1.2.1.1 Increase Border Patrol Agent Staffing Benefit: Increased law enforcement coverage, expanded liaison and intelligence collection capabilities, establishment/enhancement of checkpoint operations at major transportation routes/areas of egress/smuggling routes, expanded border control. Impact: Budgetary impact. Establishing checkpoints in some border areas may be controversial. Speed of Implementation: 4-6 years for staffing and training of personnel. Southern Border = 2,990 additional agents Northern Border = 630 additional agents Coastal Borders = 235 additional agents Total enhancement = 3,855 additional agents'! 1.2.1.2 Establish and/or Expand Anti-Smuggling/Terrorist Units in all Border Patrol Sectors. Benefit: Improved investigative and intelligence capabilities focused on smuggling activity: aliens, terrorists, drugs, etc. Currently, some Border Patrol sectors along the Northern border do not have established anti-smuggling units. Impact: Budgetary impact. No political or controversial impact. Speed of Implementation: 6-12 months for recruitment, hiring and training of personnel. Southern Border = 90 ASU agents (10 per sector) Northern Border = 48 ASU agents (6 per sector) Coastal Borders = 18 ASU agents (6 per sector) Total enhancement = 156 additional ASU agents 1.2.1.3 Enhance Technical Support Personnel for Increased Equipment/Technology Benefit: Enhance the ability to maintain and monitor Integrated Surveillance Intelligence Systems (ISIS) components and agent support equipment. Provide maintenance to systems and equipment, optimizing effectiveness. Impact: Budgetary impact. No political or controversial impact. Speed of Implementation: 2-4 years for staffing, and training of personnel. Southern Border = 90 additional (10 per sector) Northern Border = 24 additional (3 per sector) Coastal Borders = 9 additional (3 per sector) Total enhancement = 123 additional support staff

Staffing figure includes the following: 570 agents, which are contained in the President's FY-02 budget package; 100 agents in the anti-terrorism package; 480 agents to control the Northern Border.

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Border Management INS Proposals For Controlling The Border 1.2.2

Agent Support Equipment/Technology Enhancements for Border Patrol Sectors

1.2.2.1 Additional Night Vision and Agent Support Equipment Benefit: Equipment improves efficiency and enhances ability of BP to control borders by increasing detection and observation capabilities. Sensors enhance detection and provide trend analysis capabilities. This would include sensors, infrared scopes, and night vision technology to Southern, Northern, and Coastal border areas. Impact: Budgetary impact. Speed of Implementation: 1 - 3 years for equipment purchase and deployment. 1.2.2.2 Deploy Additional Remote Video Surveillance Systems (RVS) Benefit: RVS systems enhance enforcement capabilities and are a force multiplier. Systems will also support defining the threat level in areas where fully operational. Impact: Environmental concerns must be addressed prior to deployment. Speed of Implementation: 5-10 years for equipment purchase and deployment. (Estimate is based on sufficient funding levels and environmental waivers.) 1.2.2.3 Mobile IDENT and ENFORCE for Field Processing Benefit: Enable agents to remain in place in the field while processing apprehensions, thereby maintaining a law enforcement presence in the field (minimizes downtime). With a portable IDENT capability agents will be able to run record checks while in the field using biometric identification systems, identify recidivists, wanted persons, etc.. Impact: Currently there is a Congressional moratorium on the deployment of IDENT. Moratorium pending outcome of a DOJ study on integration with FBI's IAFIS system. Speed of Implementation: 3-5 years for equipment purchase and deployment. 1.2.3

Enhance Marine/Air Capabilities for all Border Patrol Sectors

1.2.3.1 Enhance Border Patrol Air Capabilities in all Sectors Benefit: Improved law enforcement, border control, and search and rescue capabilities; relieves necessity for military aircraft. Impact: Budgetary impact. Speed of Implementation: 3-5 years for aircraft purchase, staffing, and training of personnel. Southwest Border = 18 Northern Border = 16 Coastal = _6 Total = 402

Total figure is based on two twin-engine rotary wing aircraft per sector. This figure does not include replacement numbers, or fixed wing requirements. Aircraft deployment and type varies depending on operational/mission requirements, terrain, etc. 2

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Border Management INS Proposals For Controlling The Border 1.2.3.2 Enhance Border Patrol Marine Capabilities in Designated Locations Benefit: Increases the Border Patrol's surveillance, interception, and law enforcement capabilities along the Nation's water boundaries. Impact: Budgetary impact. Speed of Implementation: 1-2 years for marine purchase, staffing, and training

Southwest Border Northern Border Coastal Total

Current 38 25 _6 69

Requested 38 50 12 1003

1.2.4 Tactical Infrastructure for Border Patrol Sectors 1.2.4.1 Increased Funds for Roads, Lights, Fences, Vehicle Barriers Benefit: Tactical infrastructure is an essential component of establishing comprehensive border control. Impact: Budgetary impact. Possible environmental concerns Speed of Implementation: 1-5 years, depending on environmental issues. 1.2.4.2 Establish Easements for Border Enforcement Zones throughout the entirety of U.S. borders — (150-200 feet in urban areas and up to % of a mile in rural areas) Benefit: Allows the Border Patrol to establish an enforcement presence necessary to deter/detect/apprehend/seize illegal entries and smuggling (drugs, aliens, terrorists, etc.) Impact: Budgetary impact (cost of land purchase and easements). Speed of Implementation: Immediate, depending on action required (Congressional, Presidential action, etc.) 1.2.4.3 Temporarily Suspend or Permanently Waive Environmental Laws/Regulations Benefit: Suspension/waiver of environmental laws/regulations will reduce the deployment time (and cost) of constructing roads, fences, and deployment of lighting systems by several months to over one year. Impact: Significant and very controversial. Environmental groups will protest. Speed of Implementation: Immediate, depending on action required (Congressional, Presidential action, etc.)

Needs assessment must be conducted to determine operational requirements, replacement schedule for current fleet, etc. Estimate is based on preliminary assessment of sector requirements in areas having operational/enforcement requirements for boat patrol activities.

Border Management INS Proposals For Controlling The Border 1.3

Other Initiatives

1.3.1

Legal Authority and Pay Issues

1.3.1.1 Implement Section 287(a)(5)(A) - Grant General Arrest Authority for all Border Patrol agents. (Can be accomplished by rescinding a 1994 INS Commissioner's memorandum.) Benefit: Need for delegated authorities and/or deputization would be eliminated. Potential liabilities against the Service and agents would be reduced. Expanded arrest authorities would increase the Border Patrol's ability to support the President's national security strategy to combat crime and terrorism. Impact: Compliance with legislation passed in 1990. Speed of Implementation: 1-3 months. 1.3.1.2 Waive Overtime Cap Benefit: Will allow for expansion of coverage along the border because shifts can be extended (force multiplier) and increases the number of man-hours available by increasing the number of personnel on duty. Also facilitates operational planning during extended deployments and/or during emergency situations when operational requirements dictate prolonged shifts, leave restriction, etc. Impact: Requires Congressional action. Speed of Implementation: Immediate. 1.3.1.3 Pay Reform/Upgrade for all Border Patrol Agents Benefit: Pay upgrade/reform would allow the Border Patrol to recruit, hire, train, and retain a highly qualified workforce. Border Patrol agents are routinely recruited by other federal law enforcement agencies and accept journeyman positions at higher pay grades GS-12 vs. GS-9). This situation creates difficulty in retaining the most qualified employees. Pay reform (from administratively uncontrollable overtime to law enforcement availability pay) would solve operational challenges created by an antiquated pay system and place the Border Patrol on the same compensation pacage as sister DOJ agencies, e.g., FBI, DEA, USMS, etc. Impact: Budgetary impact. May be controversial with bargaining unit employees (loss of FLSA pay). Speed of Implementation: Immediate if sufficient funding provided.

Border Management INS Proposals For Controlling The Border 2.

Inspection Operations (at Ports-of-Entry)

2.1

Short-Term Actions:

2.1.1

Inspections Programs

2.1.1.1 Eliminate the Transit Without Visa Program (TWOV), and Progressive Clearance; inspect International-to International Transit Passengers (ITI) Benefit: Ensures all travelers are inspected and clearly identified Impact: Significant workload impact at specific ports-of-entry. Airlines may oppose. Speed of Implementation: 30 -60 days Additional Resources: 150 Inspectors 2.1.2

Documentary Requirements

2.1.2.1 Suspend issuance of visas to nationals of countries designated as known supporters or harborers of terrorists (INA 212(f)) Benefit: Thwarts international terrorism. Impact: Diplomatic implications Speed of Implementation: Immediate 2.1.2.2 Reassess specific countries' designation in the Visa Waiver Program Benefit: Curtails abuse of certain countries' passports to gain entry to the United States Impact: Diplomatic implications. Speed of Implementation: 90-180 days 2.1.2.3 Develop questionnaires for some visa applicants at U.S. consulates and embassies abroad Benefit: Enables the consular officer to make a more informed decision Impact: May delay some visa issuance Speed of Implementation: 30 days 2.1.3

Operations

2.1.3.1 Require lookout system checks for all service center or district office adjudications Benefit: Prevents the granting of benefits to an alien not deserving of that benefit. Impact: Possible immediate impact on timeliness of adjudications. Speed of Implementation: 6 months 2.1.3.2 Fingerprint all persons entering the United States as refugees Benefit: Ensures known terrorists/criminals do not receive refugee status. Impact: Budgetary implications and passenger delays at affected U.S. ports of entry. Speed of Implementation: 6 months Additional Resources: 12 Inspectors

Border Management INS Proposals For Controlling The Border 2.1.3.3 Review the present listing of designated ports-of-entry to eliminate unnecessary or redundant ports Benefit: Efficient use of resources. Impact: Potential impact on commerce. Speed of Implementation: 30-90 days for review, and clearance of designation withdrawal notification letters, or Federal Register notification. 2.1.3.4 Require carriers to provide cruise ship terminals designed and built to the same specifications and technical requirements as landing stations at airports-of-entry. Benefit: Efficient and effective use of inspectors. Improves operations. Impact: Costs to cruise line industry Speed of Implementation: 6 months, then ongoing 2.1.3.5 Ensure that only ports-of-entry designated as valid ports by both the Commissioner of Customs and the Attorney General are used for the entry of aliens Benefit: Enhances coordination of INS and Customs resources/operations Impact: May require new regulations Speed of Implementation: 6 - 9 months 2.1.3.6 Ensure Ports-of-Entry meet landing station technical requirements for border integrity and officer safety, ensure only ports-of-entry designated as valid and compliant ports by both the Commissioner of Customs and the Attorney General are used for the entry of aliens Benefit: Efficient use of resources Impact: Potential impact on commerce. Speed of Implementation: One-year from regulation changes Additional Resources: 10 Inspectors 2.1.4

Facilities

2.1.4.1 Impose a moratorium on port-of-entry and landing station expansion Benefit: Efficient use of resources Impact: Potential impact on commerce. Speed of Implementation: Immediate - 60 days, time to clear notice 2.2

Mid/Long-Term Actions

2.2.1

Inspections Programs

2.2.1.1 Enhance secure alternative inspection systems Benefit: Allows facilitation of low risk travelers and focus on the high-risk travelers. Impact: Budgetary impact, potential negative impact on traveling public in remote areas. Speed of Implementation: 6 months to 2 years Additional Resources: 5 Inspectors

Border Management INS Proposals For Controlling The Border 2.2.2

Port-of-Entrv Resources

2.2.2.1 Fully staff all land borders 24/7 Benefit: Land border ports-of-entry operate without jeopardizing security/officer safety: Impact: Substantial budget impact Speed of Implementation: 6 years to recruit train and deploy additional staff Additional Resources: 5,544 (5,040 Inspectors, 504 support) 2.2.2.2 Provide full staffing for all airports and seaports Benefit: Optimal staffing, facilitates flow of commerce without jeopardizing security Impact: Substantial budget and resource Speed of Implementation: 4 years to recruit train and deploy additional staff Additional Resources: 1351 (1156 Inspectors, 195 support) 2.2.2.3 Improve compensation package to recruit and retain Immigration Inspectors (law enforcement status, law enforcement - hazardous duty retirement - 6c Status) Benefit: Enables INS to retain qualified, trained, and experienced inspectors. Impact: Budgetary impact Speed of Implementation: 6 months 2.2.3

Documentary Requirements

2.2.3.1 Eliminate the Western Hemisphere passport exemption for U.S. Citizens Benefit: Reduction in fraudulent claims to U.S. Citizenship, eases reentry Impact: Passport office resources, education campaign needed fro public and airlines Speed of Implementation: 6 months to 1 year (depending on DOS action) 2.2.4 Operations 2.2.4.1 Make Advance Passenger Information data mandatory to land or depart Benefit: Enhances ability to identify potential threats prior to arrival in the United States. Impact: Costs to airlines and government to modify systems. Speed of Implementation: 6 months to full implementation Additional Resources: 200 Inspectors Note: Currently 85% of airlines provide APIS data 2.2.4.2 Begin electronic data sharing on visa data and photographs, at ports-of-entry Benefit: Visa information would be available at time of inspection. Impact: Budgetary implications. Speed of Implementation: 3 months to full implementation 2.2.4.3 Implement NCIC III at all ports-of-entry Benefit: Aliens with criminal histories identified upon arrival in the United States. Impact: Substantial budgetary impact. Speed of Implementation: 2 year

Border Management INS Proposals For Controlling The Border 2.2.4.4 Implement NCIC III at U.S. consular posts abroad Benefit: Visas would not be issued to inadmissible aliens based on criminal history. Impact: Substantial budgetary impact. Speed of Implementation: Pending legislation plus 90 days 2.2.4.5 Continue implementing foreign students controls, require mandatory periodic reporting to INS by educational institutions with regard to student status Benefit: Will improve control on students and exchange visitors. Impact: Budgetary implications. Substantial resistance in the educational community Speed of Implementation: 2 years to completion 2.2.4.6 Require that all carriers submit Advance Passenger Information before boarding passengers Benefit: Prevents known terrorists/criminals/ inadmissible passengers from boarding Impact: Budgetary implications for airlines/government. Speed of Implementation: 1 year Note: The Australian government used this system to support the 2000 Olympics 2.2.4.7 Improve integration of all data systems Benefit: Provides needed information to Investigations, Examinations, Inspections Impact: Budgetary implications. Speed of Implementation: 1 year