Ch 8.docx

Chapter Eight: Protecting ports and borders, Securing borders Securing ports Securing commercial transport Discussion questions Interview/biography Suggestions for further reading Test bank Vocabulary Autism Border, Line, Limits Counterfeit/Knockoff goods Extradition and Rendition FLIR Force multipl...

Chapter Eight: Protecting ports and borders, Securing borders Securing ports Securing commercial transport Discussion questions Interview/biography Suggestions for further reading Test bank Vocabulary Autism Border, Line, Limits Counterfeit/Knockoff goods Extradition and Rendition FLIR Force multiplier Human smuggling and Human trafficking Invasive species Night vision technology Passport and Visa Port Port Authority District Routine Activities Theory Shipping container Introduction The purpose of this chapter is to explore the homeland security issues related to borders and ports of entry such as harbors and airports. Borders are political boundaries and ports can be described as international gateways. Borders are political and homeland security is inherently political as well. Politics affects homeland security at every level influencing if not actually controlling recruitment, staffing, training, policy, and field operations. Agencies of homeland security; police, fire, and EMS fall under the executive branch of government, therefore much of policy making related to homeland security starts at the president, governors of states, supervisors of counties (often titled ‘county judge’) and city managers or mayors. The policy making process is influenced to greater or lesser degree by the legislative branch of each respective level of government and to a greater or lesser extent by the public will. The public will is influenced by government officials, media, history, and culture among other factors. The politics of homeland security is quite complex and constantly evolving. Borders are fixed; border control policy is not. Under the US Constitution, border security is the responsibility of the federal government with the president of the United States, Congress, and Federal Courts determining changes or adjustments to border security policy including many aspects of immigration, what can be exported and to what countries, and what can be imported and under what conditions. Changes in policy related to our borders changes at least slightly with each national election. This has resulted in border control policy that can only be described as lacking coherence and consistency over time. For example, President Trump pursued a strict border protection policy while President Biden has maintained a border control policy that has been far more relaxed. As a result, the US Border Patrol, as part of the executive branch of government has had to operationalize widely disparate policies during a relatively short period of time. These changing presidential policies cause changes in Border Patrol recruitment, training, and field operations thus making the officer’s job more complex if not confusing as expectations change seemingly without logic or purpose. During some presidential administrations, federal agencies have been forced to pursue an enforcement policy essentially of non-enforcement. One result of this has been governors of states assuming a level of authority over border security perhaps reserved to the federal government through the president. Texas governors, for example have created a heavy presence of officers from the Texas Department of Public Safety (DPS), a state law enforcement agency comprised of the Texas Highway Patrol, gang and criminal intelligence units, as well as other components. Referring to an earlier chapter, you may remember that the Posse Comitatus Act of 1877 prohibited the use of the Armed Forces of the United States for what is essentially law enforcement activities. However, protecting the country from foreign invasion is part of the Constitutional mandate of the armed forces. In terms of policy then, the question arises, at what point can illegal border crossings be considered an invasion? The answer is of yet unclear. Technically, the role of the military to protect from foreign invasion means invasion by the recognized military forces of a recognized foreign nation. And as discussed in Chapter Two, terrorists are not legally military forces; at least not usually. Their legal status is purely that of criminals, as is the status of any person crossing an international border in violation of that country’s laws pertaining to border crossing regardless of motivation. This would seem to limit the deployment of federal troops to secure the border from illegal crossings of any sort. The National Guard, however is not so limited. Unless called to service by presidential authority (‘federalizing’), Guard units fall under the executive branch of their states. Recently, governors of a few states have activated Guard units for deployment to secure the US-Mexico border. Texas, for example has sent National Guard units to the Rio Grande Valley to assist state and local law enforcement efforts to prevent illegal border crossings. However, the Guard are not police and their mission in such a role is purely to support law enforcement through observation and technology. That said, the deployment of National Guard units is regarded by critics, on both sides of the immigration debate, as more political than operationally useful. Borders, Lines, and Limits With politics somewhat out of the way, we need to consider, what is a border? A border is an internationally recognized political division between two nations (do not confuse with a ‘boarder’). A nation is a political entity recognized as sovereign (independent) by other nations and possessing a functioning government and among other things, a recognized border. A border may take actual physical form as the Rio Grande defines part of the southern border of the United States from Mexico as well as forming part of the Texas state line. A line is a division between political entities within a country. That is, a border is between countries; but a line, for example, is between states, in the United States, or counties within one of the states of the United States. So, state line and county line are intra-national political boundaries. Cities, on the other hand are corporations and corporate property boundaries are called limits, as in city limits or corporate limits. Borders, lines, and limits may follow or be based on geographic features, such as the previously referred to Rio Grande separating Texas/US and Mexico, or may be purely a political creation reinforced by surveyors and map makers as with the famous Mason-Dixon Line separating Pennsylvania from Maryland and West Virginia and Maryland from Delaware; and in popular culture, separating the North from the South. In all cases, borders, lines, and limits designate limits to sovereignty or other forms of legal authority including jurisdiction and bailiwick. Passports and Visas The US Constitution guarantees the right of free travel for citizens within the United States. It gives Congress the power to regulate travel of foreign nationals within the United States and the international travel of US citizens. Both foreign nationals entering and US citizens leaving the US are further regulated by international law (treaties) requiring credentialing such as passports and visas. Notably, although you are guaranteed freedom to travel within the United States, that does not mean by air or perhaps any other specific mode of transportation. Passenger ‘screening’ at US airports are not searches per se as they are for the safety of the travelling public rather than law enforcement and should you find airport security objectionable, the response would likely be an admonition to take the bus, or some other mode of transport. Warrants and Transfers When a wanted person is arrested in another country, she or he must be extradited to the country issuing the arrest warrant should that country wish to prosecute. For an extradition to occur, the two countries must have an extradition treaty in place. Such treaties will specify the terms of arrest, detention, and transference of custody. A treaty may specify the air or sea ports from which the detainee is to leave the country, who pays certain costs, such as the cost of detention prior to extradition, or the type of punishment the arrested person may face. Italy, for example, will not agree to extradition of persons who may face capital punishment; the country issuing the warrant must certify they will not impose the death penalty on the particular individual if convicted. Contrary to media and even many lawyers, transfer of a prisoner between states is not called extradition, but rather rendition. Rendition requires a rendition hearing to establish the validity of the arrest warrant, but little more. Also, contrary to a few movie or television crime show plots, the jurisdiction issuing the warrant is responsible for transporting the prisoner; not the arresting agency. Immigrants and Imports Now that we have disposed of some of the legal issues specific to securing borders and ports of entry, including the role of the military; we need to examine the issue itself. Although discussed in more detail in a later chapter, the role of the US Department of Homeland Security, which includes the Border Patrol (CBP for Customs and Border Protection) and Immigration and Customs Enforcement (ICE) is: To expedite lawful commerce while preventing unlawful entry of contraband goods and illegal ‘migrants’ or visitors. Again, there are problems with contemporary word usage. A ‘migrant’ is a citizen who moves from one part of their home country to another part of their home country. An ‘emigrant’ is a citizen of one country who leaves their country of citizenship for another country either with the goal of citizenship in the other country or at least long-term residence. An ‘immigrant’ is a citizen of one country who enters another country with the goal of citizenship in the other country or at least long-term residence. In other words, you are an emigrant as you leave; an immigrant when you enter. A migrant merely moves around their home country without crossing a border. As to why the media and some government officials insist on misusing the term ‘migrant’, one can only speculate; such usage is comparatively new. Now to have some idea of the difficulties of homeland security operations related to legal and illegal immigration, DHS is responsible for overseeing the ‘short-term’ visitation of foreign nationals, US citizens emigrating or simply travelling overseas for business or pleasure, legal importation of lawful goods, preventing importation of illegal goods, including counterfeit and ‘knock-off’ products, and certification of legal exports which are strictly controlled such as some electronics and anything specific to military purposes. Now consider that the US-Canadian border is 5,525 miles long, much of which is wilderness and uninhabited. It is in fact, the longest border in the world lacking a defensive military presence. The US-Mexico border is 1989 miles long; much of which is uninhabited and some of which is desert. In terms of coastline, if one includes the section of the Alaskan coast that is considered ‘artic’ the US coastline if 13,383 miles in length and contains numerous bays, inlets, and estuaries; that is, ecosystems where rivers empty into an ocean or other large body of water such as the Gulf of Mexico. If we were to consider the entire outer coast shoreline of the US, the shoreline of US offshore islands, bays, sounds (inlets), and rivers up to the head of tidewater (the farthest point in a river that is affected by tidal fluctuation of an ocean, bay, etc) the total US shoreline is an impressive 88,000 plus, miles. Even with modern technology, only a fraction of this can be monitored. Border Security Border protection, including coastal security is not a new issue. During the American Revolution and the War of 1812, the British made use of unguarded coastlines to land raiding parties to appropriate and destroy property as well as inflict terror from above. To a limited extent, the Federal Army used the same tactic during the Civil War, especially along the coasts of North and South Carolina. The Confederate attack on Fort Sumter in Charleston Harbor, which was the starting of Civil War combat is in fact related to the earlier British attacks. After the War of 1812, Congress appropriated money to build forts as harbor defenses for major American coastal cities. After the Civil War, forts were also built on the west coast; notably in the San Francisco area. In 1874, the Frontier Battalion of the famed Texas Rangers was formed to counter bandits based in Mexico who were continually raiding into Texas. The southern border was also guarded by regular Army units including at one time the ‘Buffalo Soldiers’ of the 9th and 10th Cavalry. The US Revenue Marine was formed in 1790 as a federal law enforcement agency under the Department of the Treasury. They were mandated to suppress smuggling of untaxed goods. The Revenue Marine became the Revenue Cutter Service in 1894 and was merged with the US Life-Saving Service in 1915 to form the Coast Guard. Under the Homeland Security Act, the Coast Guard was transferred from Treasury to the Department of Homeland Security, but control can be transferred to the Navy in time of war, as was the case formerly. In 1925, the US Border Patrol was created as two separate units with distinct jurisdictions. One branch was charged with suppression of smuggling while the other was charged with suppression of illegal border crossings. Those officers in units mandated to one task were not allowed to work with the other. Colonel Charles Askins, in his memoir Unrepentant Sinner recounts prowling the streets of El Paso during the 1930s in search of smugglers and being unable to intervene when he observed ‘only’ illegal border crossers. The concept of human trafficking was not then recognized as a law enforcement matter. In 1916, Mexican revolutionary Pancho Villa crossed into New Mexico attacking the small town of Columbus and the Army garrison stationed there. Villa claimed status as a representative of the Mexican government, a claim not clearly supported by the Mexican government, thus making his action hard to classify as dependent on several factors the ‘raid’ may be considered an act of war, terrorism, or mere banditry. With the approval of the Mexican government, the US sent General Pershing and an assortment of Army units into Mexico chasing Villa with poor results. In 1923, Villa was ambushed while driving to a christening and killed by persons unknown; there were a large number of potential assassins but no one was ever really singled out. During WWI and WWII, there were active German spies in the US who carried out sabotage, most notably the destruction of the munitions storage center at Black Tom Island, New York Harbor in July of 1916. The munitions were bound for England and eventually the Western Front. Black Tom Island was destroyed by the blast and the torch of the Statue of Liberty was badly damaged. The internment of Japanese and Japanese Americans during WWII was a tragedy; but there were Japanese spies on Hawaii and at Pearl Harbor, specifically as well as cities on the west coast. The FBI did excellent service in neutralizing many of these spies. Border Crossings Examples from history serve a number of purposes, one of which is to guide policy relying on the past as a laboratory for examples of workable solutions. Unfortunately, the past provides little guidance for policy makers focused on the US-Mexico border as this border has always been porous and policy has never been consistent. It was noted earlier in this chapter that a battalion of the Texas Rangers was formed to combat bandits from Mexico. It should also be noted there were many bandits from Texas who regularly crossed into Mexico to steal, rob, and murder. Today, the highest number of illegal border crossings occurs along the Rio Grande Valley separating Texas from Mexico. This conclusion is based on the number of Border Patrol apprehensions which may reflect the concentration of Border Patrol agents than actual illegal crossings. Illegal crossings into the US from Canada are harder to estimate, but are likely a few thousand. Surprisingly, many of those apprehended illegally entering the US from Canada are citizens of Mexico. Regardless of point of entry, Mexico or Canada, although the majority of persons entering the US are Mexican citizens, large numbers are also from India, China, and the Middle East. In terms of border security, more is at stake than illegal immigration; contraband is also an issue, especially drugs. In an odd take on outsourcing, it is cheaper and with fewer risk to manufacture methamphetamine in Mexico and smuggle it across the border into the US than to manufacture it in the US. Mexico’s climate is quite conducive to growing marijuana. China is a, if not the major producer of fentanyl and the chemicals used to manufacture fentanyl, a synthetic opiate much in the news for causing fatal overdoses as well as other issues related to addiction. Although much of the illegal fentanyl coming from China comes through the mail or other shipment through US ports, some is shipped to drug cartels in Mexico who then profit from smuggling it across the US-Mexico border. Currently, the major concern at the US-Mexico border other than drug smuggling is human trafficking and simple illegal immigration. The number of persons stopped at or near the border by the Border Patrol and other law enforcement agencies fluctuates from year to year depending on the world economy, weather, and government policy among other factors. In terms of enforcement action by the Border Patrol the number of stops for illegal crossings over the five-year period from 2017-2022 ranges from a low of just over half a million during 2017 to over 2.5 million during 2022. These numbers do not include persons stopped at the border or within the US by state or local officers or detained by ICE in non-border areas. Current estimates suggest the number of foreign nationals in the US illegally is in excess of 11 million; about half of whom of Mexican nationals. However, about half of all persons illegally in the US were legally admitted. That is, they were granted legal entry under some type of visa; all visas have an expiration date and other conditions. That is, roughly five million citizens of foreign countries were granted admission to the US legally but are now here illegally because they overstayed or otherwise violated the conditions stated on their visas. Passports and Visas So, what is a visa? First, let’s define passport as one needs a passport to obtain a visa. A passport is a government issued document that certifies the bearer’s identity and country of citizenship. Possession of a passport is required for international travel except as allowed by treaty (for example, citizens of European Union countries do not need a passport to enter or leave other European Union countries). Generally, one must have a passport to leave one’s country of citizenship and to re-enter it. There are several types of passports issued to United States citizens most of which do not apply to the average person. The interested reader can find additional information through the US State Department. In addition to a passport, the international traveler will likely need a visa. A visa is a document issued by the country or countries a non-citizen of that country wishes to enter. Visas may be issued for purposes of tourism, commercial activity, to marry a citizen of the issuing country and is some cases are required of citizens living abroad who wish to return to their country of citizenship. Notably, large numbers of foreign nationals enter the US under student visas to attend educational institutions. Again, the interested reader is referred to the US State Department. Perhaps needless to say, visa applications require fairly extensive documentation, may require a criminal background check, and typically take time to process and issue. Smugglers and Traffickers Or one can avoid the time and expense of legal entry by hiring a coyote; the two footed variety, not the kind with four paws. For our purposes, a coyote is a professional human smuggler who aids illegal crossings of the US-Mexico border. Human smuggling is just that, assisting in illegal border crossings regardless of whether the entry is across a border or through a port of entry, such as New York Harbor or LA International Airport. The smuggler typically provides transportation and may provide counterfeit documents. Above all, they provide the client with expertise in avoiding law enforcement. A human smuggler may also act as a human trafficker. A human trafficker handles human beings as a commodity; men, women, and children for forced labor or forced commercialized sex. Human smuggling most often occurs at borders; human trafficking may occur anywhere. Blue Campaign https://www.dhs.gov/blue-campaign Human Trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act, or in which the person performing the commercial sex act is under 18 years of age. Human Smuggling is the deliberate evasion of immigration laws by bringing undocumented noncitizens into the U.S. and the unlawful transportation and harboring of undocumented noncitizens already in the U.S. These are not interchangeable terms Smuggling is transportation-based and is a crime against a border Trafficking is exploitation-based and is a crime against a person IDENTIFYING HUMAN TRAFFICKING – ASK YOURSELF: Is the victim in possession of their own identification and travel documents? Is the victim coached on what to say to community members, workers, law enforcement or immigration officials? Does someone else communicate for the victim? Is the victim recruited for one purpose but forced to engage in other work? Are the victim’s wages being unlawfully garnished to pay off a debt or fee? (Paying off a smuggling fee alone is not considered trafficking.) Is the victim forced to perform commercial sex acts? Has the victim or their family been threatened with harm if they attempt to leave? Has the victim been threatened with deportation or criminal charges? Has the victim been harmed, deprived of food, water, sleep, medical care, or other life necessities? Is the victim free to contact friends or family without being coached or monitored? Is the victim under the age of 18 and engaged in commercial sex? Is the victim living in substandard housing? The Blue Campaign is an educational endeavor of the US Department of Homeland Security. Their website contains a wealth of valuable information on this topic. Distant relations of coyotes and traffickers are mules. Mules transport contraband, usually drugs, but a mule may transport firearms, counterfeit or knock-off goods, certain food items, or even living animals. Generally, a mule is neither a buyer or seller of contraband, but merely a hauler. Most illegal drug interdiction efforts focus on mules as they are the most vulnerable members of the trade to arrest and such arrest reduce the trade as dealers cannot sell what they do not have. Thus, focusing enforcement on mules is an effective if tedious means of reducing illegal drug sales. Making Borders (more) Secure A determined person or group will always find a way to cross a border illegally. One of the duties of agencies associated with homeland security is to reduce illegal crossings to an acceptable level. The same holds true for persons who enter legally, but overstay their visas; reducing their number through enforcement action. The definition of ‘acceptable level’ is up to the politicians and ultimately, in a free society, the people. Unfortunately for the enforcers there is no clear, consistent definition of acceptable level thus complicating an already difficult job. During the 1920s, public concern led to formation of the Border Patrol; partly as a means to enforce Prohibition as large quantities of alcohol were being brought into the US from Canada and Mexico. The high unemployment of the Great Depression spurred enforcement against human smuggling to prevent poorly paid foreign workers from taking American jobs; an argument still commonly heard in any discussion of immigration policy. Although law enforcement administrators determine much of how policy is enforced, they have little to do with actually creating these policies. The famous poet Robert Frost immortalized an old phrase in his 1914 poem, Mending Wall; ‘Good fences make good neighbors’. Although ‘voice’ of the protagonist in the poem questions the need for fences, his antagonist neighbor asserts such boundaries are necessary for peaceful relations with one’s neighbors. Doubtless many agree with the neighbor and fences, walls, and other barriers have a long history of usage to delineate boundaries as well as a passive force to keep people (and animals) on their own side of the boundary. The Berlin Wall was quite effective at keeping East Germans in East Berlin. The Israeli West Bank Barrier composed of both a wall and a fence has proven quite controversial, being criticized as both illegal and immoral for separating families and creating unemployment among Palestinians, among other criticisms. Although morally and legally debatable on such grounds, the Barrier has proven quite effective at reducing terror attacks originating from the West Bank which was the purpose of the Barrier. The building of a wall securing much of the US-Mexico border has proven as controversial as the West Bank Barrier and has been condemned by opponents using much the same set of arguments. The idea of such a wall has also been criticized as not cost effective; doing little to secure the border at too great of a cost. Leaving the cost effectiveness argument to the politicians, where the wall has been built it has effectively reduced illegal border crossings. In addition to the wall, Texas has utilized shipping containers to form a barrier and as of this writing is deploying floating barriers on some parts of the Rio Grande. These efforts have been reinforced with a strong presence of Texas state troopers and National Guard personnel supplementing US Border Patrol officers. Therefore, it is difficult to assess the effects of barriers apart from the increased presence of personnel as well as the effects of the two in combination. Barriers, however constructed, are in a fact a form of technology. In Chapter 5 it was discussed that the US has increasingly emphasized technology over human assets in intelligence collection. The same is true in matters of border security. Arguably, human presence is the most effective deterrent to any criminal activity. Routine Activities Theory Marcus Felson and Lawrence Cohen (1979) proposed that in order for a crime to occur a motivated offender and a desirable target had to converge in time and space in the absence of a capable guardian. Such a convergence did not cause a crime, but merely made it more likely. The motivated offender and desirable target being brought into contact through their routine activities would merely make a crime possible; the lack of a capable guardian would make it more probable. Thus, a potential juvenile burglar walking to school through a neighborhood of residences left without guardians as residents went to work would find easy prey should they feel the need for quick money. The absence of human guardians would be mitigated by good locks, burglar alarms, nosy neighbors, or a passing patrol car. Likewise, if the potential burglar felt no pressing need for money at that moment, the likelihood of burglary would also be low. This theory led to such ideas as Neighborhood Watch, defensible space architecture, and the proliferation of security cameras. But utilization of human assets is limited for numerous reasons, including expense and as stated at the beginning of this chapter there is a lot of border to supervise. The purpose of technology is not, should not, be to replace human assets, but rather to make them more effective. That is, technology is merely a set of tools. Physical barriers are one such tool. Mobility is another. Although doubtful that anyone considers a horse a tool, and our equine friends would doubtless feel insulted to be so considered, there are portions of our borders where the horse is the most effective means of transportation and the back of a horse makes an excellent observation point. Motor vehicles are of course a mainstay for patrolling in any setting. Subject to limitations of terrain, an observer can cover a lot of ground in a short time using an SUV, four-wheeler, or in some cases, a boat. Beginning in December of 2011, the Texas Department of Public Safety began using armed patrol boats to prevent illegal crossings of the Rio Grande. Texas DPS currently operates six such ‘Davis-class’ patrol boats; each named for a stated trooper killed in the line of duty. These boats, officially designated as ‘shallow water interceptors’ are powered by three, 300 horse power outboard motors and armed with six machine guns. The boats have a draft of about a foot, allowing their use even at times and in areas of low water. Where deployed they have been quite effective at preventing smuggling and breaking up ‘splash downs’ a term for smugglers running from law enforcement seeking escape by driving into the Rio Grande with the intent of then abandoning the vehicle to cross the river into Mexico on foot. Previously, mention was made of Pershing’s 1916 expedition into Mexico chasing Pancho Villa. What was not mentioned was the use of the fledgling Army Air Corps to fly observation/reconnaissance missions in support of ground units. The flyers were not much help to the ground units, but the mission did disclose that the Air Corps suffered from numerous deficiencies; an important consideration for the Army as the US was to enter WWI the following year. Since 1916, fixed wing and rotary wing (helicopters) aircraft have been a fixture in enforcing border security. Currently, manned aircraft are supplemented by drones. Clearly, aircraft and drones allow observation over a much wider area over a shorter period of time than any other means of observation available to law enforcement personnel. Aircraft can detect personnel and vehicles and direct enforcement personnel to intercept, merely observe for informational purposes, or to develop reasonable suspicion or probable cause for more direct action. Observation through use of manned aircraft and drones can enable officers to avoid the dangers of long pursuits and the frustration of missing potentially important contacts and interactions. Aircraft can enhance officer safety as they serve as a witness to officer-civilian interaction and may serve to exonerate officers from false accusations of inappropriate action. In short, aircraft are a cost-effective force multiplier. In addition to direct observation from aircraft and the less direct video observation of drones, aircraft observation may make use of magnification devices such as binoculars and telephoto lenses on cameras, but also thermal imaging devices such as Forward Looking Infrared (FLIR). These devices had their origin towards the end of WWII with the infrared Sniperscopes that were attached to the US’s M1 Carbine. Seeing limited usage in 1945, they were more widely deployed during the Korean War and the early days of the Vietnam War. The carbine had a somewhat limited effective range as did the Sniperscope. Additionally, the system was heavy and bulky. Infrared radiation or infrared light has a wavelength longer than the spectrum of visible light; that is, the unaided human eye cannot see it nor its illumination of objects. Special equipment, such as the Sniperscope projects infrared light allowing an observer to see objects thus illuminated through attached special lenses that pickup that wavelength light. Limitations of technology lead invariably to advancement of technology. During the Vietnam War technology focused on creating devices that would intensify light present naturally and boost it so that objects would become more visible to the observer using the technology. These ‘starlight scopes’ were used by law enforcement agencies during the 1980s, but again, there were limitations including bulk/weight, an annoying green hue to everything observed, and a blurry image. And now we have digital night vision which electronically converts the optical image into an electronic signal that is then intensified and projected onto an LCD flat panel, much like that of a digital camera. We also have FLIR (forward looking infrared), a ‘passive’ infrared detection system. That is, it picks up on the infrared heat signature given off by the persons and objects in the scene observed. All objects give off infrared radiation in the form of heat and at different rates depending in numerous variables such as the nature of the object and its density. For example, a rock will give a different heat or infrared signature than a person and both have a different heat signature than the surrounding air. FLIR devices will allow the observer in effect to, see through a wall or other barrier, as the devices can discern differing heat signatures relative to foreground and background. Among other uses, this capability makes FLIR devices critical for rescue operations as it allows the observer to locate victims covered in rubble or otherwise not clearly visible to rescuers. Active infrared technology requires an infrared projection device as well as a receiver. Early light intensification devices such as the star light scopes of the Vietnam era are limited by the light available. FLIR allows one to see through walls, but the images, currently, are mere outlines. Digital night vision produces high quality images, but is limited to what could be seen in daylight. Digital night vision is probably the most cost effective, depending on need and certainly the least expensive. Digital and FLIR are the most widely used by law enforcement and other first responders. Incidentally, although digital night vision devices are widely available, it is illegal under most circumstances to send or take them outside the US. Securing Ports A border is a line separating one nation from another. Borders may or may not follow geographic features such as rivers or seacoasts but are a political concept more than a geographic consideration. A port is a legally designated point of entry/exit at a border. Thus, a border crossing point should be regarded as a port. For example, Laredo, Texas is the dominant land port in the US with four border crossing stations or inspection facilities. Laredo is the main point of entry by land for goods coming from Mexico and Latin America; legal entry requires inspection of trucks, rail traffic, and screening of travelers. Nationally, there are numerous international airports serving as points of entry for persons and goods from around the world. Then there are the ports on the Atlantic and Pacific Oceans and the Gulf of Mexico which require the presence of the Coast Guard in addition to other agencies related to homeland security. All of these ports require a presence by Immigration and Customs Enforcement and in many cases the Environmental Protection Agency and the US Department of Agriculture. For example, if wooden shipping crates show the presence of termites, the crates and contents must be impounded and chemically treated to prevent the entry of an invasive species of termites. Some food items cannot be legally brought into the US commercially or personally due to health concerns. Animals cannot be imported, either; especially those designated by law or treaty as endangered as well as non-native (invasive) species posing risk to the environment. Zebra mussels Zebra mussels are native to the fresh water lakes of Ukraine and Russia. They were likely introduced into the US attached to ballast of ships and entered the ecosystem when the ballast was dumped into US harbors; probably in the Great Lakes sometime during the 1980s. They have since spread into lakes and reservoirs around the US. They are very good at attaching themselves to objects and reproducing at a rapid rate. In a process known as ‘bio-fouling’ they can quickly encrust the hulls of boats, docks, and pipes supplying water from reservoir lakes to water treatment plants of major cities. Typically, a boater will carry the mussels from one lake to another and once established in a new area they are seemingly impossible to eradicate and quite difficult to manage. As a result, the Coast Guard and state environmental law enforcement agencies have had to divert resources to inspections of boats and other control methods. Legal importation or exportation of firearms requires extensive paperwork and approval from numerous organizations, US and international. Most Americans travelling to hunt overseas will utilize firearms provided by a guide service rather than going through the hassle of taking their own. But let’s say you would never hunt, but do plan a study abroad trip next year. It is illegal to take certain computer software from the US into China and some other countries. That is, taking your laptop on a trip overseas is considered legally to be exporting the computer and files and may be controlled by US law and/or international treaty. What you can and cannot take out of the country or bring in is quite complicated as such instances are a matter of federal and international law. As such, federal agencies are the primary enforcers of these laws, with the assistance of port police and other local law enforcement. A port authority or port district is a local authority with independent status; that is, they are a port authority, and not part of any county or city government. For example, the Port Authority of New York and New Jersey is a district formed under the auspices of the two state governments, but has independent legal-political status, somewhat similar to a county or a water district. Port authorities are governmental entities, unlike cities that are corporations. They operate under a board of supervisors, sometimes called a board of governors or commissioners and a director’s office. Within their boundaries, they maintain infrastructure such as docks and bridges and operate their own police, fire, and EMS. In general, much of their funding comes from a tax on users. For example, every aircraft that takes off from or lands at the Dallas/Ft Worth (DFW) Airport pays a fee. Obviously, port authority personnel work hand in hand with federal law enforcement and regulatory agencies. The job of port authority personnel and federal agencies is massive. The five largest sea ports in the US, in order, are: Houston Savannah Long Beach, California New York and New Jersey Los Angeles Each of the ports serves in excess of 100 ships per day, seven days a week ranging from pleasure boats to oil and chemical tankers and container ships. Securing Commercial Transport Shipping containers have become the means of choice for shipping goods internationally as well as cross-country. Containers loaded onto a cargo ship in China can be landed in the US then shipped inland by rail, river barge, or truck. Theoretically, once sealed at point of origin, they could be transported to a destination on the other side of the world with only the bill of lading inspected until the seal was broken on arrival and the contents compared to the bill of lading. It is estimated that 11 million containers enter the US, yearly. Customs and Border Protection (CBP) x-ray scans about 4-5% of these at sea ports and land ports of entry. Other inspections are risk based; that is, CBP have reasonable suspicion of risk or illegality and make an actual physical inspection comparing contents observed to the bill of lading. Inspectors at European Union ports are estimated to scan less than 1.5% of shipping containers passing through ports of entry. (https://ajot.com/insights/full/ai-container-inspection-an-unsolved-need). X-ray scans can only reveal so much and in most cases, thermal imaging would not be of value. However, the resources needed to inspect a greater number of shipping containers and other means of shipping goods would cost a fortune and in terms of risk assessment is debatably not cost effective. In terms of homeland security, we have no real idea of what is coming into the country by sea or land. The drugs and other contraband stopped and the persons caught crossing the borders illegally is a fraction of the threat. Law enforcement must wait for a major technological breakthrough. Once admitted into the US by port, goods and persons have the options of travelling further by river traffic, rail, highway or air. Although once a mainstay, river travel is mostly a matter of tourism, today. River barges are still a major means for transportation of goods with the Mississippi, Missouri, and Ohio Rivers serving as a major route for imported goods and goods destined for export. There is also the 3,000-mile Inter-coastal Waterway stretching down the Atlantic Coast from Massachusetts to Florida and then along the Gulf Coast to Brownsville, Texas on the US-Mexico border. Safety and enforcement along these water routes is enforced by the Coast Guard in cooperation with numerous other federal and state and local agencies. Travel by rail was once the most efficient means of long-distance travel and for some was quite luxurious. Those days are long past. The federal government runs the Amtrak passenger system providing limited service in terms of destinations. Freight service is still a main means for moving goods over long distances and along with river barge traffic is resource conservative. Like barge transport, rail transport heavily uses shipping containers; which although efficient, complicates security by limiting inspection. Currently, about 700 railroads in the US operate on an estimated 140,000 miles of track and transport roughly 1.6 billion tons of freight per year. In addition to federal, state, and local authorities, many railroads employ their own private ‘railroad police.’ Although railroad employees, these agents are deputized or commissioned by public law enforcement agencies along a railroad company’s property or ‘right of way.’ Railroad police are responsible for the safety and security railroad property and the goods being shipped. As such, they may investigate anything from theft to derailments to pedestrians being hit by trains. Even with the addition of railroad police, policing the rail lines for safety and security is overwhelming. In addition, maintenance of railroad right of way has increasingly become problematic leading to several recent high-profile derailments of trains carrying hazardous materials; a topic for another chapter. Germany debuted their autobahns or superhighway system during the 1930s as a public works project intended to alleviate Depression Era unemployment. The ability to rapidly move men and material in time of war was certainly a consideration, as well. During the early Cold War days of the 1950s, the US followed the autobahn model to develop the system of ‘Inter-state Defense Highways’ now usually just called, ‘interstates’. Designed to move large numbers military personnel and large amounts of military equipment where needed in case of a Soviet invasion, these highways also changed American culture inviting movement of families from cities to suburbs, development of shopping malls in place of ‘downtown’ shopping districts, and almost creating the fast food industry. Interstate highways also created the need for feeder roads and development of overall of road nets. This in turn created the need for increased mobility of law enforcement and other first responders as limited numbers of personnel now had to cover greater distances in response to an increasing variety of public needs. States that had not created state highway patrols or state police agencies felt the need to do so. State and local law enforcement agencies have been the enforcers of traffic safety laws including inspection of vehicles and cargos. Most states place weight limits on commercial trucks and state law enforcement agencies have primary responsibility for enforcement. Additionally, state and local law enforcement have some responsibilities for ensuring the safe transport of hazardous cargoes. Finally, ‘routine’ traffic stops often lead to detection of contraband, wanted persons, and persons who may be involved in illegal activity, including terrorism. As such, traffic stops are a tremendous source of intelligence as well as a first line mechanism for crime prevention and counter-terrorism. Although federal agencies may seem more glamorous, state and local officers are foundational to border security and the safe movement of persons and goods. Summary This chapter has provided a broad overview to the complex issues of border protection and the lawful movement of persons and goods. Border security is a complex mix of international treaty, federal law, and provisions of the Constitution. This makes borders and ports of entry inherently political. The politics and borders effects directly homeland security policy including training and operations; much of which is outside the control of those charged with actual enforcement of law within the confines of policy. In addition to matters of law and policy, is the sheer enormity of the task with hundreds of miles of border, coastline, navigable rivers, railroads, and highways guarded by far too few federal, state, and local officers. This is further complicated by safety concerns posed by transportation of hazardous materials and ever-present possibility of human error. The lack of human assets has been increasingly supplemented by technology, a cost-effective force multiplier. But technology has its limits and can only supplement and not replace people. Chapter Supplement by Stephanie Cooper Autism This may seem a strange chapter to include a section on autism, but as you will read the topic very much belongs in a chapter covering border security. Need Picture of Stephanie here My name is Stephanie Cooper. I am a Specialized Law Enforcement Instructor, a Former Field Training Officer, and a mother to a child on the autism spectrum. I know how important it is for law enforcement officers to be able to recognize and understand the different behaviors and characteristics of autism. I understand what it is like to make that split-second decision and what it is like to have a child on the autism spectrum. So, to help ensure safer interactions between law enforcement and individuals diagnosed on the autism spectrum, I started providing autism education and training programs, & giving free autism sensory kits to all law enforcement agencies throughout the United States. I have trained over 6000 officers and first responders, and eight states since 2011.   When I was in New York, providing autism training to several different law enforcement agencies, I met with an officer and a border patrol officer who had questions about interacting with individuals on the autism spectrum when it came to detaining them or making a lawful arrest. Those agents and officers had encountered individuals with autism who had taken "packages" of drugs across the border for friends, which is why they asked me this question.  Unfortunately, this is the case nationwide. In every state I have provided training to, I have come across or met an officer where they have encountered the same situation or a similar instant like this one. Individuals with autism are singled out by drug runners and unscrupulous individuals due to their very trusting nature. Individuals diagnosed with autism are also singled out because some are semi-nonverbal or nonverbal and cannot identify the perpetrator or who asked them to take the packages across the border. They are just helping their friend take pretty little packages across the border, not knowing they are committing a crime. Individuals that have been diagnosed with autism and are on the autism spectrum can be inadvertently exposed to criminals and drug runners and will become victims because of their lack of social behavior and the ability to pick up social click clues and obstacles with communication. Also, some individuals diagnosed with autism can lack understanding regarding the implications of what they have been asked to do. Additionally, some individuals that have been diagnosed with autism spectrum can have a lack of empathy, an inability to control their emotions, have a lack of moral reasoning, and some individuals diagnosed with autism will also have a lack of emotional capacity to determine right from wrong, which can increase their exposure to being victimized by the criminal world. Other types of contact between individuals diagnosed with autism and law enforcement officers might include:  An initial call for assistance to law enforcement may first appear as a domestic disturbance or child abuse, as a caregiver is forcing the individual into a home or a car.  Other calls may involve reports of a suspicious person related to strange behavior or trespassing. There are prowler calls as an individual with autism enters another person's home, car, or business. The individual with autism may peer into windows. Other calls for a suspicious person will be for drug-related behavior. Officers can mistake stimming and their mannerisms for being on drugs.  There will also be calls relating to lewd/obscene behavior, masturbating in public, exposure, streaking, and inappropriate behavior.  There will be welfare checks, as they may wander off and run into oncoming traffic.  There will be calls for a missing person at risk; children and adults with autism are prone to escape when left unattended or when care providers turn their backs. Tragically, these so-called runners are often attracted to water sources such as pools, ponds, and lakes. Without fear of real danger and despite not knowing how to swim, they jump in. Whether as an offender, victim, or witness, an individual with autism will present dilemmas in the interview and interrogation. When being questioned, an individual with autism is likely to repeat your words or copy your body language. They may not respond to your questions, commands, or directives.  The Autistic Suspect: Individuals with autism frequently confess to crimes they did not commit or make misleading statements to please the detective. Their inappropriate responses, such as lack of eye contact, giggling, indifference, or lack of remorse, can lead to a misinterpretation of guilt. The interviewer must ask precise and straightforward questions. Avoid questions that may be interpreted as a suggestion to the person. "What did you do?" is a more appropriate question than, "Did you steal the watch?" Establish timelines with the person; where, what, how, and who questions are best. Ask questions that require a narrative response instead of a yes/no answer. Autistic individuals seldom lie; be alert for a spontaneous disclosure of evidence. Avoid body language and metaphorical questions that may confuse the individual.  Autistic Victims of Crime: Due to their vulnerability, people with autism are frequently victims of a crime. You can consider having a person the victim trusts present at the interview. Be patient; take time to establish a rapport. The victim may only give an evidentiary statement once (consider video or audio taping the interview).  With 1 in 55 individuals diagnosed with autism in a year alone, the number of interactions individuals with autism will have with law enforcement agencies is increasing. Every Officer will meet an individual with autism at least once in their career, and 7 out of 12 individuals with autism will have some contact with law enforcement in their lifetime. Autism training is vital to law enforcement agencies because individuals with autism have difficulties with communication and social interactions and will tend to engage in repetitive or atypical behaviors. That is why it is vital that law enforcement officers need to be aware that their typical approach when responding to a call or an emergency regarding an individual with autism may not work.  By Law Enforcement understanding and recognizing the different behaviors and characteristics of autism helps to ensure positive interactions and the safety of not only the person diagnosed with autism but the law enforcement as well.  Discussion questions Interview/biography Suggestions for further reading Test bank