For "Thunder on the Border," click this picture:
And for the record, I greatly appreciate the efforts you and like-minded compatriots have made on this issue. Thank you, one & all.
Posted on 05/05/2005 10:19:10 PM PDT by Spiff
STATEMENT OF THE NATIONAL BORDER PATROL COUNCIL
OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
AFL-CIO
BEFORE THE SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY AND CLAIMS
COMMITTEE ON THE JUDICIARY
UNITED STATES HOUSE OF REPRESENTATIVES
OVERSIGHT HEARING ON THE NEW “DUAL MISSIONS” OF THE IMMIGRATION ENFORCEMENT AGENCIES
PRESENTED BY
T.J. BONNER
NATIONAL PRESIDENT
MAY 5, 2005
The National Border Patrol Council thanks the Subcommittee for the opportunity to present the views and concerns of the 10,000 front-line Border Patrol employees that it represents regarding the expanded mission of the agencies responsible for enforcing immigration laws.
Even before the creation of the Department of Homeland Security, there was widespread concern about the dual enforcement and service missions of the Immigration and Naturalization Service (I&NS) that often competed for the same scarce resources. In fact, a number of legislative solutions were proposed to address that problem, and this Subcommittee held several hearings regarding the matter. The National Border Patrol Council shared those concerns and supported efforts to divide the agency into two separate components that could each focus on a single mission.
The Homeland Security Act of 2002 was also designed to achieve that goal. It abolished the Immigration and Naturalization Service and transferred its functions into the new Department of Homeland Security. The legislation called for the creation of two bureaus to absorb those functions: the Bureau of Border Security to handle all of the enforcement functions and the Bureau of Citizenship and Immigration Services to handle all of the service functions. For reasons that had more to do with political expediency than operational efficiency, the Administration used its reorganization authority under the Homeland Security Act to further split the enforcement functions into two new bureaus: the Bureau of Customs and Border Protection (CBP) to enforce laws at the border and the Bureau of Immigration and Customs Enforcement (ICE) to enforce laws in the interior of the country. Rather than fostering the cooperation and coordination that are so essential to the accomplishment of the Department’s homeland security mission, this artificial distinction has created needless barriers to that effort.
Instead of a well-defined mission, these two enforcement bureaus now share responsibility for enforcing both immigration and customs laws, and the employees at the ports of entry are also responsible for enforcing agriculture laws. Predictably, this results in a diffused focus that dilutes the specialized expertise that is so vital to the accomplishment of the agencies’ missions. All three of these areas of law are extremely complex, and it is unrealistic to expect one employee to master them all. Yet that is exactly what the “One Face at the Border” initiative requires. Although this concept sounds plausible in theory, it is unworkable in practice. At its core, it is a one-dimensional simplistic response to a multi-dimensional complex challenge: thwarting highly sophisticated and well-organized criminal enterprises intent on smuggling people and contraband into the United States.
There can be no margin of error when dealing with terrorists and weapons of mass destruction. The complex task of weeding out these threats to our homeland security requires specialized excellence, not generalized mediocrity.
While it may appear at first glance that the Border Patrol is immune from many of these problems, upon closer examination it becomes apparent that this is not the case at all. Even though its mission remains largely focused on the enforcement of immigration laws, the Border Patrol is negatively affected by the diffuse focus of the other agencies due to their symbiotic relationship. For example, the Border Patrol is largely dependent upon ICE to detain and remove the illegal aliens that it apprehends. When ICE cannot meet those responsibilities for any reason, it negatively affects the ability of the Border Patrol to carry out its mission. The current “catch and release” debacle that has resulted in an alarming surge in the number of illegal aliens from countries other than Mexico is dramatic proof of this. Likewise, the Border Patrol is largely dependent upon ICE to conduct investigations of smuggling rings and perform worksite and interior enforcement operations. When ICE cannot fulfill those responsibilities, it encourages large numbers of illegal aliens to enter the country. The current annual migration of millions of illegal aliens into the United States is due in no small measure to the fact that they know there is little chance they will be pursued once they get beyond the immediate border. A successful immigration enforcement strategy must address all aspects of the problem. Of course, the single most important step that can be taken is the enactment of legislation such as H.R. 98, the Illegal Immigration Enforcement and Social Security Protection Act of 2005, that would eliminate the employment magnet that draws most illegal aliens to our country.
The fact that former Customs personnel now dominate the hierarchy of both of the new enforcement bureaus adds to the problem, creating an imbalanced emphasis on enforcing customs laws.
While the enforcement of these laws is undoubtedly critical to the accomplishment of the Department’s mission, the enforcement of immigration laws is no less so. Although the reluctance to incorporate the mistakes of the beleaguered I&NS into the new Department was completely understandable, “throwing the baby out with the bath water” was equally inadvisable. At the time of the transition, the I&NS employed a substantial number of highly-experienced employees who possessed a wealth of knowledge about the enforcement of immigration laws.
Unfortunately, this number is rapidly dwindling, as many disillusioned employees are transferring out of the agency or retiring as soon as they become eligible. Since the management infrastructure of the former Customs Service took over CBP, it has attempted to standardize every aspect of its management and operations to conform to the Customs way of doing business without regard to whether it makes sense or not. This practice of trying to fit round pegs into square holes is so widespread that it is routinely referred to by employees as the “customization” of the agency. As Ralph Waldo Emerson sagely noted in 1841: “A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines.”
Although the aforementioned problems pose daunting challenges to the accomplishment of the Department’s vital mission, they are by no means insurmountable. In fact, they could be corrected without any modification to the Homeland Security Act.
The Administration could easily undo the damage created by the bifurcation of the enforcement bureaus through the exercise of the same reorganization authority that it initially utilized.
The most important modification that needs to be made is realigning the Department’s organizational enforcement structure to conform to the laws that are enforced rather than the current artificial geographic distinctions between the border and the interior. In other words, one agency should focus solely on the enforcement of immigration laws, another on the enforcement of customs laws, and another on the enforcement of agriculture laws. These agencies should retain different occupational groups that perform distinct functions. For example, the immigration enforcement agency should have a border patrol component, an inspections component, a detention and removal component, and a criminal investigations component. All of these components should closely coordinate their activities and be overseen by a single high-level administrator who is also responsible for coordinating enforcement activities with his or her counterpart at the customs and agriculture enforcement agencies.
Although this is similar in some respects to the organizational structure that existed before the creation of the Department of Homeland Security, there are several key differences: All of these agencies would be within the same bureau, and would therefore be overseen by the same administrator, ensuring accountability and coordination. Moreover, it would not be a return to the old I&NS structure, as the enforcement bureau would remain separate from the service bureau.
Merely changing the organizational structure of the Department’s enforcement bureaus will not solve all of the current problems. A cultural shift at the highest levels of the organization must also accompany these structural modifications if meaningful changes are expected. If the Department wants to attract and retain the best and the brightest employees, it must treat and pay them fairly, and give them a voice in the workplace decisions that affect them.
The new personnel system that is about to be implemented does none of these things, and will thus deter good people from applying or working for the Department. Without an adequate number of motivated and experienced employees, it will be impossible to accomplish the Department’s mission. In summary, the National Border Patrol Council strongly recommends modifications to the current organizational structure that encourage specialization by eliminating dual enforcement responsibilities and foster cooperation and coordination by demolishing the artificial barriers that hamper these efforts. This must be accompanied by meaningful changes in the way employees are treated and rewarded. These reforms are essential to enable the Department to effectively accomplish its vital anti-terrorism and other law enforcement missions.
Ping
I am beginning to believe that the Border Patrol is a totally worthless organization, but I also believe that the problem goes up to GWB. And Clinton.
Lets hope those fools in Washington will listen.
Why
I guess that I must assume that you believe that the USBP is a working and efficient organization, according to your response. The reason that I believe that the border patrol is worthless, is that the MinuiteMan Project Almost totally shut down Illegal immigration for one month, In the area that they were watching, Something that the border patrol has NEVER been able to do. And now, since the minuiteman project has proven that The USBP are completely ineffective in doing their jobs, the Border Patrol people are trying to castigate the Minuitemen as "vigilantes" and downplay their role in DOING THE JOB OF THE USBP.
For "Thunder on the Border," click this picture:
And for the record, I greatly appreciate the efforts you and like-minded compatriots have made on this issue. Thank you, one & all.
The Border Patrol has shut down parts of the border on numerous occasions, however, the succes is short lived because the adminsitration does not have the will to enforce immigration law. Perhaps if you spent more time on this issue you would know that many Border Patrol Agents including the Border Patrol Union of the Tuscon Sector support the Minutemen Project.
The Border Patrol has shut down the border before. Political concerns have caused management to back them off. Operation Wetback is just such an example. There are others. It is all about politics and mismanagement. If the Federal Government was serious about stopping illegal immigration and would let the Border Patrol do its job, the border could be shut down.
Never assume.
The reason that I believe that the border patrol is worthless, is that the MinuiteMan Project Almost totally shut down Illegal immigration for one month, In the area that they were watching, Something that the border patrol has NEVER been able to do.
Wrong. The BP has done the same, many times. Also, the fact is, the MM did not shut down anything, they just forced illegals to cross at other locations or delayed coming in for a month.
And now, since the minuiteman project has proven that The USBP are completely ineffective in doing their jobs, the Border Patrol people are trying to castigate the Minuitemen as "vigilantes" and downplay their role in DOING THE JOB OF THE USBP.
Don't confuse the Border Patrol with the few idiots that run the organization, it makes you look stupid.
Heh Heh....a Union I like...!
Exactly as planned.
Protect our borders and coastlines from all foreign invaders!
Be Ever Vigilant!
Minutemen Patriots ~ Bump!
I am aware of this, as well as the lack of support from GWB, which I have railed against. I am aware that some/many "worker" BP agents support the minutemen, but their supervisors, and GWB condemn them. There are currently charges that the BP is actively slowing down enforcement to make it look like the Minutemen made no difference. That supervisor's name is Nicely.
I beg to disagree. The USBP is an operational element of our US Government. While I am aware that there are differences in attitude between the leaders and the troops, that is irrelevent to the taxpaying citizens. The USBP with it's agreed idiot leaders, is what the taxpaying citizens have to live with. The entire BP has to live with the reputation THAT IT HAS EARNED with its idiot leaders, which is that of a FAILED organisation- wherever the blame lies.
Agreed and they have the reputation as one of the best law enforcement agencies in the world.
I disagree, 30 % of prisoners in federal prisons are illegal aliens who have committed some other federal crime ( other than illegal entry ). There are 10 million illegal immigrants in this country, and our hospitals are going tits-up trying to deal with the expense. They are reportedly costing California 8 or 10 Billion dollars a year. Now, I might allow as to the fact that the BP individual agents might indeed be of extremely high quality. HOWEVER, that dosen't change my original statement that the organization is a FAILED ORGANIZATION.
I think that you and I are in agreement, I just think we need some fine tuning. In the late 90's, maybe even earlier, the Border Patrol transitioned from a paramilitary unit into a welfare program. The present day Border Patrol is still living off of the legends of the past such as Bill Jordan. Although we still have a handdful of aggressive agents, their effectiveness, at times is offset by service policies and politcal correctness.
And Skeeter Skelton. It has been reported recently that in Hidalgo, TX the USBP is operating a TAXI service for the captured illegal Aliens to the closest bus station, and releasing them there. Don't know who pays for the ticket, probably US taxpayers.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.