T5 B44 Doris Meissner Notes 2 Of 2 Fdr- 1-24-00 Memo Re Ins Response To Ig Report On Northern Border 114

INS Staff Routing Sheet TO:OIG

THRU: Commissioner

SUSPENSE DATE: 01/24/00 TODAY SUBJECT: Draft Inspection Report: "Border Patrol Efforts Along Northern Border" EXECUTIVE SUMMARY: 1 . Purpose: To provide INS response to Draft Inspection Report: "Border Patrol Efforts Along the Northern Border," OIG Report Number A-99-04. 2. Discussion: INS concurs with of the findings, conclusions and recommendations in the report as discussed with the Deputy Commissioner on Friday, January 14. 3. Recommendation: That Commissioner sign memorandum.

NAME Michael C. Nicley Ken Elwood

CONCURRENCES SIGNATURE OFFICE HQBOR HQOPS

Michael A. Pearson Allen Erenbaum

HQOPS HQOCR

Robert Bach

HQOPP

John Chase

HQOIA

Peggy McGee Mary Ann Wyrsch Doris Meissner

HQEXS

DATE

COMMENTS Separate concurrence Separate concurrence Separate concurrence Separate concurrence

HQDEPCOM

HQCOM

ACTION OFFICER/OFnCE/EXTENSION: Kathleen Stanley/HQOIA/5 14-8800

DATE: 1/24/2000

DAG006-0269

JO 9. U.S. Department of Justice Immigration and Naturalization Service

HQBOR110/8.2-C Office of the Commissioner

4251 Street NW Washington. DC 20536

MEMORANDUM FOR MARY W. DEMORY ASSISTANT INSPECTOR GENERAL FOR INSPECTIONS OFFICE OF THE INSPECTOR GENERAL DEPARTMENT OF JUSTICE FROM:

Doris Meissner Commissioner Immigration and Naturalization Service

SUBJECT:

Draft Inspection Report: "Border Patrol Efforts Along the Northern Border" Report Number A-99-04

The Border Patrol has carefully reviewed the Office of the Inspector General's draft report on Border Patrol efforts along the northern border. The Immigration and Naturalization Service (INS) agrees with the conclusions and recommendations in this report and has provided comments. However, the INS looks at the northern border not in isolation but within an overall border perspective. The INS has considered the overall threat to the entire nation, all border areas to be covered, resources available, known threat levels for various areas, and other available information. I believe that we have deployed our personnel in the most effective manner to address the threat, and are actively working on ways to improve security along the northern border. The report highlights the difficulty in attempting to look at complex problems such as border enforcement with too narrow a focus. As we have seen on the southern border, smugglers, traffickers, and illegal migrants adapt quickly to Border Patrol tactical shifts. We expect increased pressures on the northern border as the Border Patrol continues to make progress on the southwest border and INS generally cuts off the avenues of illegal immigration. These impacts will increase resource needs on the northern border. For example, increased enforcement operations between ports of entry will create pressures on ports of entry, and expanded enforcement may require additional detention resources.

DAG006-0263

Memorandum for Mary W. Demory Page Subject: Draft Inspection Report: "Border Patrol Efforts Along the Northern Border" Report Number A-99-04 The report correctly states that the northern border is initially addressed in Phase IV of the Border Patrol's Strategic Plan. Currently, the Border Patrol is in Phase n of the plan, and no date has been set to implement Phase IV. However, 22 additional Border Patrol Agent (BPA) positions were allocated to the northern border and filled during Fiscal Year (FY) 1999. Additionally, planning has started for the FY 2000 deployment of the Integrated Surveillance Intelligence System in the northern border sectors of Elaine and Buffalo. I consider portions of this report to be Law Enforcement Sensitive and, therefore, recommend that the report not be published in its entirety. Although the media may have reported the approximate strength of our resources, public announcement of the exact location of the deployment of Border Patrol staffing may provide a benefit to illegal traffickers by confirming the staffing. Smugglers may then redirect their illegal activities. FINDING 1: THE BORDER PATROL FACES INCREASING ILLEGAL ACTWITY ALONG THE NORTHERN BORDER INS POSITION: Concur. The INS agrees that there are anecdotal reports of increased activity. No quantitative evidence, however, has been presented which supports a conclusion that there is an increase in the illegal activity along the northern border. Vigilance requires that we respond to these reports, but much greater effort is needed to assess the risks at the northern border. No statistical-gathering practices currently in place can determine if the total numbers of apprehensions or seizures were made from actual "entries" from Canada or if the aliens entered from the southern border or coastal areas. During FYs 1998 and 1999, six of the eight northern border sectors reported that the majority of their apprehensions were Mexican nationals. Only two sectors reported that most of their apprehensions were Canadian citizens, or other foreign nationals. This finding also reported anecdotal evidence of an "increase in illegal smuggling activity" along the northern border. During FY 1999, G-23 reporting does not indicate an increase in alien smuggling activity along the northern border. FINDING 2: INS IS UNABLE TO ASSESS THE LEVEL OF ILLEGAL ACTIVITY ALONG THE NORTHERN BORDER. INS POSITION: Concur. While the INS may not be able to assess the level of illegal activity along the northern border, we do know what is not there. Common indicators used on the southern border to assess threat levels, such as cut fences, quality of life, and the environmental impacts resulting from high volumes of illegal traffic, do not evidence themselves on the northern border. Comparing the known threat level on the southern border with that of the

DAG006-0264

Memorandum for Mary W. Demoiy Page 3 Subject: Draft Inspection Report: "Border Patrol Efforts Along the Northern Border" Report Number A-99-04 northern border, the INS believes that the northern border does not face the same level of threat from illegal activity. Appropriate indicators to quantify threats specific to the northern border remain to be identified. INS has begun testing measurement approaches (e.g. Spokane Sector) to assess the amount of cross bonier traffic. It is anticipated that the mixture of technology and personnel required to address the threats will be markedly different on the two borders. FINDING 3: BORDER PATROL'S CAPACITY TO RESPOND IS. DISPROPORTIONATE TO THE AMOUNT OF ILLEGAL ACTIVITY. INS POSITION: Concur. The INS concurs with this finding to the extent that no law enforcement agency has sufficient assets to respond to every violation of law. Until an acceptably minor level of violations has been reached, the Border Patrol's capacity to respond might be considered insufficient. However, the INS shares responsibility for responding to illegal activity in the northern border area with law enforcement agencies from both sides of the border. The INS is working with agencies from both the U.S. and Canadian governments to maximize enforcement effectiveness. The Border Patrol has deployed resources to areas with high volumes of confirmed illegal activity as a priority, including 22 BPAs deployed to the northern border during FY 1999. The Border Patrol Strategic Plan calls for addressing threats identified on the northern border during Phase IV. The staffing-level formulas for assessing the level of activity for the northern border are by necessity different from those of the southern border. Statistics for the southern border indicate that the magnitude per agent of cross-border illegal activity is much greater than that of the northern border agent. Therefore, operationally and logically, the Border Patrol has decided to expend the majority of available manpower resources in areas having the most illegal traffic until those areas are brought under control. As the threat level changes geographically, assets will be redirected to the areas having the most illegal traffic. The risk and response at the northern border involves much more of an anti-smuggling strategy. Sufficient intelligence and investigative assets will be needed to respond to the northern border. The report itself lists several factors stating that they affect the Border Patrol's ability to respond to illegal activity. Allocation of BPAs to the northern border beginning with 22 additional BPA positions FY 1999 is a start to addressing this issue. Even with the additional staffing resources, there are stations that do not have 24-hour coverage, seven days a week. However, agents remain available for call outs to deal with situations that arise after the regular shifts have gone home. FINDING 4: OTHER FACTORS AFFECT THE BORDER PATROL'S ENFORCEMENT CAPABILITY.

DAG006-0265

Memorandum for Mary W.Demory Pa§e4 Subject: Draft Inspection Report: "Border Patrol Efforts Along the Northern Border Report Number A-99-04

INS POSITION: Concur. The INS concurs that the lack of detention space undermines its enforcement goals. When an alien is released after being apprehended, the alien faces no additional risk by failing to appear in court. If apprehended later, the alien usually faces the same lack of repercussions. The INS concurs that detailing may adversely affect northern border operations, but only to the extent that detailing is one of many factors that may affect enforcement operations. Numerous factors affect the enforcement capability of the Border Patrol, including but are not limited to, a migratory labor force to harvest seasonal crops, availability of jobs, employee leave schedules, mandatory training, and weather. CONCLUSION 1: Securing the northern border requires careful planning, built upon reliable data, the knowledge and insights of individuals experienced in securing the northern border, as well as lessons me Border Patrol has learned while implementing the strategic plan on the southwest border. INS RESPONSE: The INS concurs with the conclusions in this report. This information is a valuable tool to help prompt us to further develop Phase IV when resources become available. RECOMMENDATION 1: The INS Commissioner direct the Border Patrol to outline the approach it will take, prior to and during Phase IV, to secure the northern border, including, but not limited to, the following: •

identifying and implementing accurate methods for collecting data to quantify the level of illegal activity and to support decisions about the allocation of personnel and equipment;

•

determining the minimum number of intelligence analysts and intelligence aides needed to accuratelfassesjjhe level of illegal activity, and

•

determining the minimum number of BP As the northern border sectors require to address existing gaps along the northern border (e.g., the number of BPAs necessary for sectors to cover all shifts at all stations).

INS RESPONSE: Concur. The INS agrees with this report and appreciates the information outlining concerns about accurate methods of data collection, identifying intelligence assets, staffing levels, and anecdotal evidence that illegal activity is increasing along the northern border. The INS will use this report as additional information in developing an outline for the approach it will take to manage risks at the northern border. In developing this

DAG006-0266

Memorandurn for Mary W. Demory Page 5 Subject: Draft Inspection Report: "Border Patrol Efforts Along the Northern Border" Report Number A-99-04 approach, the ENS will consider the level and the nature of the threat; urgency of the response (i.e., response time to remote sensors versus forward deployment of personnel); use of technology in maintaining control of the border and the Attorney general's call for a new "Border Vision" in conjunction with Canadian authorities. The INS expects to complete the outline by October 1. CONCLUSION 2: A topic that requires more immediate attention is the detailing of BPAs from already under-staffed northern sectors, which has had an adverse effect on enforcement operations. Despite the steadily increasing numbers of BPAs assigned to the southwest border over the past six years, there has been no corresponding decrease in the number of BPAs detailed out of northern sectors. INS RESPONSE: The INS concurs. See comments under recommendation 2. RECOMMENDATION 2: The INS Commissioner evaluate whether there is a continuing need to detail BPAs out of the northern sectors at the current levels. INS RESPONSE: Concur. The Border Patrol has reevaluated the need to detail BPAs out of the northern border sectors at the current levels. Detailing of experienced BPAs from both the northern and southern borders remains a valuable method of bringing BPAs into areas where high levels of seniority and expertise are required to augment the increase of trainee agents. Additionally, BPAs with expertise are detailed to the Academy, taskforces, and border areas where additional personnel are required to perform special operations. Because the permanent staffing on the southern border has steadily increased, the Border Patrol does not anticipate, barring obligations that all sectors are subject to, further detailing of BPAs from the northern border to the southern border.

DAG006-0267

HQBOR:BCooke:bc:01/06/00:99-977 Rewritten: 01/07/00 01/10/00 01/12/00 01/13/00 01/14/00 01/22/00 bcc: HQBOR110/8.2-C Master Log

DAG006-0268