Immigration Control Customs and Border Protection NPHS 1540

Immigration Control, Customs and Border Protection NPHS 1540

Department of Homeland Security • Established March 1, 2003 – – – – Customs and Border Protection (CBP) Federal Emergency Management Agency (FEMA) Transportation Security Administration (TSA) U. S. Citizenship and Immigration Services (USCIS) U. S. Coast Guard U. S. Immigration and Customs Enforcement (ICE) U. S. Secret Service Office of Inspector General http: //www. oig. dhs. gov/

Customs and Border Protection • http: //cbp. gov • https: //www. cbp. gov/border-security/along-usborders/history

Citizenship and Immigration Services • https: //www. dhs. gov/topic/citizenship-andimmigration-services • https: //www. uscis. gov/

Immigration and Customs Enforcement • http: //www. ice. gov/index. htm

History of Immigration Law • Chy Lung v. Freeman, 92 U. S. 275 (1875) – California law regarding Chinese immigration – Supreme Court declares immigration a Federal responsibility

Chy Lung v. Freeman, 92 U. S. 275 (1875): Syllabus • • • 1. The statute of California which is the subject of consideration in this case does not require a bond for every passenger, or commutation in money, as the statutes of New York and Louisiana do, but only for certain enumerated classes, among which are "lewd and debauched women. " 2. But the features of the statute are such as to show very clearly that the purpose is to extort money from a large class of passengers, or to prevent their immigration to California altogether. 3. The statute also operates directly on the passenger, for unless the master or owner of the vessel gives an onerous bond for tine future protection of the state against the support of the passenger, or pays such sum as the Commissioner of Immigration chooses to exact, he is not permitted to land from the vessel. 4. The powers which the commissioner is authorized to exercise under this statute are such as to bring the United States into conflict with foreign nations, and they can only belong to the federal government. 5. If the right of the states to pass statutes to protect themselves in regard to the criminal, the pauper, and the diseased foreigner landing within their borders exists at all, it is limited to such laws as are absolutely necessary for that purpose, and this mere police regulation cannot extend so far as to prevent or obstruct other classes of persons from the right to hold personal and commercial intercourse with the people of the United States. 6. The statute of California in this respect extends far beyond the necessity in which the right, if it exists, is founded, and invades the right of Congress to regulate commerce with foreign nations, and is therefore void.

Chy Lung v. Freeman, 92 U. S. 275 (1875): Decision • • • If that government has forbidden the states to hold negotiations with any foreign nations or to declare war and has taken the whole subject of these relations upon herself, has the Constitution, which provides for this, done so foolish a thing as to leave it in the power of the states to pass laws whose enforcement renders the general government liable to just reclamations which it must answer, while it does not prohibit to the states the acts for which it is held responsible? The Constitution of the United States is no such instrument. The passage of laws which concern the admission of citizens and subjects of foreign nations to our shores belongs to Congress, and not to the states. It has the power to regulate commerce with foreign nations; the responsibility for the character of those regulations and for the manner of their execution belongs solely to the national government. If it be otherwise, a single state can at her pleasure embroil us in disastrous quarrels with other nations. We are not called upon by this statute to decide for or against the right of a state, in the absence of legislation by Congress, to protect herself by necessary and proper laws against paupers and convicted criminals from abroad, nor to lay down the definite limit of such right, if it exist. Such a right can only arise from a vital necessity for its exercise, and cannot be carried beyond the scope of that necessity. When a state statute, limited to provisions necessary and appropriate to that object alone, shall, in a proper controversy, come before us, it will be time enough to decide that question…

Recent State Laws • http: //www. azleg. gov/legtext/49 leg/2 r/bills /sb 1070 s. pdf Arizona • https: //legiscan. com/AL/text/HB 56/id/3210 74/Alabama-2011 -HB 56 -Enrolled. pdf Alabama

Immigration Legislation – Chinese Exclusion Act (1882) http: //www. ourdocuments. gov/doc. php? doc=47&page=transcript https: //www. loc. gov/law/help/statutes-at-large/47 th-congress/session 1/c 47 s 1 ch 126. pdf – Immigration Act (1882) • Head tax (fifty cents) on each immigrant • Excluded entry of idiots, lunatics, convicts, and persons likely to become a public charge https: //www. loc. gov/law/help/statutes-at-large/47 th-congress/session 1/c 47 s 1 ch 376. pdf – Alien Contract Labor[Foran] Act (1885 and 1887) https: //www. loc. gov/law/help/statutes-at-large/48 th-congress/Session%202/c 48 s 2 ch 164. pdf

Immigration Legislation • Immigration Act of 1891 – Created Office of the Superintendent of Immigration in the Treasury Department – Federal responsibility to inspect, admit, reject, and process all immigrants seeking admission to the United States. – Secretary of Treasury “may prescribe rules for inspection along the borders of Canada, British Columbia, and Mexico so as not to obstruct or unnecessarily delay, impede or annoy passengers in ordinary travel between said countries. ”

Immigration Legislation • Immigration Act of 1891 (Continued) – Inspection of immigrants at Ports of Entry • Medical inspection • Operations began with Ellis Island 1892 (119 of 180 Immigration Service hires 1891 -3) • Owners of vessels responsible for return of ‘unlawful immigrants’

Immigration Legislation • Act of March 2, 1895 – Change Office of Immigration to Bureau of Immigration – Superintendent became Commissioner-General of Immigration • Act of June 5, 1900 (Consolidation) – Alien Contract Labor law and Chinese Exclusion responsibilities assigned to Commissioner-General

Immigration Legislation • Act of February 14, 1903 – Transferred Bureau of Immigration from Treasury Department to new Department of Commerce and Labor • Basic Naturalization Act of 1906 – Current rules for naturalization, including standard naturalization forms, – Encouraged state and local courts to relinquish naturalization jurisdiction to Federal courts, – New designation: Bureau of Immigration and Naturalization

Immigration Agencies • Reorganization in 1913 – Separated into Bureau of Immigration and Bureau of Naturalization • Executive Order 6166 of June 10, 1933 – Reconsolidated as Immigration and Naturalization Service (INS) – Civil Service examination (merit-based) for workforce reduction

Immigration Legislation • Immigration Reform and Control Act of 1986 – INS charged with enforcing sanctions against U. S. employers who hire undocumented aliens. – Investigate, prosecute, and levy fines against corporate and individual employers – Deportation of those found to be working illegally. – Residence legalization program for certain aliens illegally in U. S. .

Customs and Border Protection • Mounted Guards (1904 -1915) – Operated out of El Paso, TX – Maximum number: 75 – Main role: Patrol TX-CA to prevent illegal Chinese immigration – Irregular activity • Congressional authorization of Immigration Inspectors (1915) – Supplemented by military training patrols and Texas Rangers

Customs and Border Protection • Labor Appropriation Act of 1924 – Established U. S. Border Patrol – Role: secure land borders between customs inspection stations (Prohibition enforcement) – Expanded to securing seacoasts in 1925 • 1952 Legislation – Agents permitted to board and search a conveyance for illegal immigrants anywhere in the United States – Illegal entrants traveling within the country subject to arrest

Customs and Border Protection • Department of Homeland Security (DHS) established, March 1, 2003 • U. S. Border Patrol became part of U. S. Customs and Border Protection, a component of DHS

National Border Patrol Strategy • Establish substantial probability of apprehending terrorists and their weapons as they attempt to enter illegally between the ports of entry • Deter illegal entries through improved enforcement • Detect, apprehend, and deter smugglers of humans, drugs, and other contraband

National Border Patrol Strategy • Leverage “Smart Border” technology to multiply the effect of enforcement personnel • Reduce crime in border communities and consequently improve quality of life and economic vitality of targeted areas

National Border Patrol Strategy • Preventing Terrorism – Detect and prevent terrorists and terrorist weapons, including weapons of mass effect, from entering the United States. • Strengthening Our Control of the United States Borders – Strengthen national security between the ports of entry to prevent the illegal entry of terrorists, terrorist weapons, contraband, and illegal aliens into the United States. • Protecting America and its Citizens – Contribute to a safer America by prohibiting the introduction of illicit contraband, including illegal drugs, and other harmful materials and organisms, into the United States

Southern (US-Mexico) Border • Approximately 2, 000 miles with much inhospitable terrain • High level of activity/threat • High traffic areas in San Diego (CA), El Paso (TX) and Mc. Allen (TX) • Three smuggling corridors: – South Texas corridor – West Texas/New Mexico corridor; – California/Arizona corridor

Southern Border

US-Mexico Marijuana Smuggling Corridor

Tohono O’odham Nation Main reservaion San Xavier Pima County, AZ

Tohono O’odham Nation • Federally recognized Tribe • Land includes (1) Main reservation, (2) Florence Village, (3) San Xavier and (4) San Lucy in southern AZ • Autonomous tribal government • Some tribal members live in Mexico • http: //www. tonation-nsn. gov/default. aspx

Tohono O’odham Nation Bureau of Indian Affairs Office of Justice Services Project Safe Neighborhoods U. S. Department of Justice U. S. Attorney’s Office District of Arizona FOR IMMEDIATE RELEASE Saturday, May 15, 2010 U. S. Attorney Public Affairs WYN HORNBUCKLE Telephone: (602) 514 -7573 Cell: (602) 740 -2422 For B-Roll Video Clip, Contact: Wyn Hornbuckle 602 -740 -2422 Tohono O’odham Nation Public Affairs MATT SMITH Telephone: (520) 321 -1111 Cell: (520) 907 -1234 TRIBAL-LED TASK FORCE DISMANTLES COCAINE RING IN HEART OF TOHONO O'ODHAM NATION

Federally certified tribal police arrest 10, seize weapons, cash, vehicles, cocaine, marijuana, ecstasy, in early morning sweep SELLS, Ariz. – The Tohono O'odham Nation Police Department led a multijurisdictional task force in an early morning sweep Saturday, arresting 10 people and searching seven homes in this small rural community just a dozen miles north of the Mexican border. The combined operation targeted a network of alleged cocaine dealers in the Sells area, home to the Tohono O'odham people, and was the largest drug enforcement action ever undertaken on the Nation. Police seized weapons including an assault rifle -vehicles, and undetermined quantities of cash, cocaine, ecstasy, and marijuana. Ned Norris Jr. , Chairman of the Tohono O'odham Nation, said, "Our first priority is always the safety of the Tohono O'odham. The illegal actions by a select number of individuals have put the entire community at risk. We will not tolerate this unlawful behavior and we will not tolerate the violence that accompanies it. Families are safer today because of the dedication and hard work of our Tohono O'odham Police Department and the other law enforcement agencies involved in this effort. "

The arrests, which occurred without incident Saturday, follow a five-month investigation by the Tohono O'odham Police Department's Anti-Violence Unit (AVU) and the Bureau of Indian Affairs (BIA) Division of Drug Enforcement, into a network of people allegedly involved in the cocaine trade. In the course of the investigation, which began in December 2009, undercover agents made 39 separate buys totaling more than $10, 000, purchasing more than 250 grams of cocaine from various targets of the investigation. "This is the first time tribal police have executed federal warrants in the Tohono O'odham Nation, " said U. S. Attorney Dennis K. Burke. "This enhanced enforcement capability can only strengthen public safety and the rule of law for the people of the Tohono O'odham Nation, whose presence in the Sonoran desert preceded the international border and the associated drug trade by centuries. This is good news for the future. " The Tohono O'odham Police Department AVU has participated in a joint-training program by the U. S. Attorney's Office and the BIA. The training enables qualifying officers to obtain Special Law Enforcement Certification from the BIA, which grants the tribal police authority to investigate and make arrests on federal charges.

The Tohono O'odham Police Department is also a recipient of a U. S. Department of Justice Project Safe Neighborhood pilot program grant to enhance targeted law enforcement operations and provide community education on gun and gangrelated violence. The Tohono O'odham Police have identified and monitored 28 separate criminal street gangs within the Nation, many of whom are known to be involved in the drug trade. Eight of those arrested were wanted on federal charges of possession with intent to distribute cocaine, which carries a maximum penalty of 20 years in federal prison if convicted. Those defendants (detailed in attached chart below) will make their initial appearances at the U. S. District Courthouse in Tucson on Monday. Two additional people were arrested Saturday on state and tribal charges. Augustine De La Rosa, 26, was arrested on an outstanding state warrant and Jeremiah Antone, 19, was arrested on a tribal charges of possession of marijuana. Two other people are wanted on federal charges of possession with intent to distribute cocaine. They were not located Saturday and are considered fugitives. A criminal complaint is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

Tactical and investigative support for the takedown operation involved agents from the U. S. Border Patrol, U. S. Immigration and Customs Enforcement, the BIA, the FBI. ; U. S. Alcohol, Tobacco, Firearms, and Explosives, the Arizona Counter Terrorism Information Center (ACTIC), the Pinal County Sheriff's Office, and Tempe Police Department. https: //archives. fbi. gov/archives/phoenix/press-releases/2010/px 051510. htm

US-Mexico California Smuggling Corridor

Southern Border Strategy (1) • Deter or deny access to urban areas, infrastructure, transportation, and routes of egress to smuggling organizations through checkpoints, intelligence-driven special operations, and targeted patrols

Southern Border Strategy (2) • Expand control through increased and more mobile personnel and improved air and ground support • Increase rapid response capabilities

Southern Border Strategy (3) • Continue and expand the appropriate mix of improved infrastructure and technology – Sensing systems, Remote Video Surveillance and Sensing (RVSS) cameras, air support, and Unmanned Aerial Vehicles (UAVs) – Radiation detection equipment – Communication infrastructure – Mobile alien processing capabilities to support field enforcement activities – Checkpoints and high-intensity enforcement zones

Southern Border Strategy (4) • Expand cooperation with other agencies • Continue deterrence efforts

Northern (US-Canada) Border (1) • 4, 000 -5, 000 miles of land water boundary (includes Great Lakes and waterways) • Significant autonomous Native American domains along border • Some waterways freeze in winter to permit foot, motor vehicle and snowmobile access

Northern (US-Canada) Border (2) • >90% of Canada’s population within 100 miles of US border • Some well organized smuggling operations offer potential infiltration route for terrorism • Low incidence of illegal border penetrations compared to Mexico – Implications for vigilance? – Perception as ‘soft underbelly’?

U. S. : Native American Nations

Canada: Native Aboriginal Reserves

Northern (US-Canada) Border (3) • History of cooperation between US, Canada, state, local and tribal governments • Example of Cooperation: Integrated Border Enforcement, Maritime, and Intelligence Teams (IBET/IMET/IBIT)

Canada-U. S. Smart Border Declaration • Bilateral declaration, 12 December 2001 • Four components of action plan – The Secure Flow of People – The Secure Flow of Goods – Secure Infrastructure – Coordination and Information Sharing in the Enforcement of these Objectives • https: //2001 -2009. state. gov/p/wha/rls/fs/18128. htm

Integrated Border Enforcement, Maritime, and Intelligence Teams • Cooperative effort of five core agencies: – Royal Canadian Mounted Police (http: //www. rcmp-grc. gc. ca/ibeteipf/index-eng. htm) – Canada Border Services Agency – US Customs and Border Protection/Border Patrol – US Coast Guard

Integrated Border Enforcement, Maritime, and Intelligence Teams • Secure the shared border between Canada and the United States, while respecting the laws and jurisdiction of each nation • Focus on national security and target organized crime and other criminal activity between the ports of entry • Collaborate with municipal, provincial, state, federal and First Nation law enforcement agencies, stakeholder agencies and related government departments

Northern (US-Canada) Border Drug Smuggling Activity

US-Canada Marijuana Smuggling Corridor

Akwesasne (St. Regis) Mohawk Reservation • Casino and ‘Bingo Palace’ • History of Marijuana and Cigarette smuggling

Akwesasne Border Criminal Activity • • Story Updated: Nov 23, 2014 at 7: 47 AM EST A New York City lawyer was sentenced to prison Friday, in a case with ties to the Akwesasne reservation. Stanley L. Cohen had pleaded guilty to failing to file income tax returns, and "obstructing and impeding" the Internal Revenue Service. Cohen had wire transfers of cash to be made from clients, many of whom were on the Akwesasne Reservation, to his accounts, according to a statement from the U. S. Attorney's office in Syracuse. "These wire transfers made from a Speedway Convenience Store on the reservation through the Money Gram service totaled more than $643, 000 between October 2004 and December of 2008, " according to the statement. It wasn't clear from the statement what Cohen's connection to Akwesasne is, but the U. S. Attorney's office in Syracuse has a long-running investigation into the illegal distribution of cigarettes and marijuana through the reservation. Cohen was sentenced to 18 months and ordered to pay federal and state taxes from 2005 through 2010.

Akwesasne Border Criminal Activity • Man sentenced to 14 years in prison for smuggling $5 million worth of "Molly, " $140, 000 in cash through Akwesasne • Friday, February 7, 2014 - 5: 24 pm • ALBANY – A Canadian man was sentenced today to 14 years in prison for smuggling more than $5 million worth of “Molly” into the U. S. through the Akwesasne Mohawk Reservation. • http: //northcountrynow. com/news/man-sentenced-14 years-prison-smuggling-5 -million-worth-molly-140000 case-us-through-akwesasne-

Akwesasne Border Criminal Activity • Canadian Drug Kingpin with Ties to the Rizutto and Bonanno Crime Families, the Hells Angels and the Mexican Sinaloa Cartel Pleads Guilty to Narcotics Trafficking Crimes Carrying Sentence of 20 Years to Life and $1 Billion in Forfeiture • FOR IMMEDIATE RELEASE • May 29, 2013 • Defendant was the Leader of an International Drug Trafficking Empire Spanning all of North America and Responsible for Smuggling Over 100, 000 Kilograms of Marijuana, 83 Kilograms of Cocaine and Tens of Thousands of MDMA Pills Through the U. S. and Canada • http: //www. justice. gov/usao/nye/pr/2013 may 29. html

Akwesasne Border Criminal Activity • January 30, 2014 Contact: Public Information Officer Number: 212 -337 -2906 • Allan Peters Guilty of Conspiracy to Distribute More Than 1, 000 Kilograms of Marijuana Peters faces a mandatory minimum sentence of ten years imprisonment • JAN 30 (PLATTSBURGH, N. Y. ) – On January 30, 2014, United States Attorney Richard S. Hartunian, James J. Hunt, the Acting Special Agent in Charge of the New York Field Division of the U. S. Drug Enforcement Administration (DEA) announced that Allan Peters was found guilty after a four day jury trial in Syracuse, New York before United States District Court Judge Glenn T. Suddaby. • http: //www. dea. gov/divisions/nyc/2014/nyc 013014. shtml

Akwesasne Border Indictments • 18 November 2008: 34 people indicted for marijuana smuggling • Acting United States Attorney Baxter noted: “This was one of many joint investigations of the smuggling of Canadian marijuana by criminal organizations that exploit the Akwesasne because of its unique position straddling the remote land/water border between the Northern District of New York and the Provinces of Quebec and Ontario. I commend the federal, state, local, tribal, and Canadian law enforcement agencies which, with the cooperation of the law-abiding citizens of the Akwesasne, have worked tirelessly to combat drug trafficking along our border with Canada. ”

Akwesasne Border Indictments • 18 November 2008: 34 people indicted for marijuana smuggling • DEA Special-Agent-in-Charge Gilbride stated: "This investigation shines a spotlight on the enormous profits reaped by drug dealers from the cultivation, smuggling, and sale of marijuana. From Northern New York to as far south as Atlanta, Georgia this trafficking organization distributed Canadian marijuana, generating approximately $45 million of narco-dollars along the way. Law enforcement has caught up to these traffickers, seized their drugs and illegal proceeds, shut down their operation, and put them out of business. ”

Akwesasne Border Indictments • 5 June 2010: Smuggling from US to Canada • Akwesasne man and two Ontario residents indicted for attempting to smuggle 900 cartons of untaxed cigarettes across the St. Lawrence River into Canada • Ontario residents also indicted for illegal entry into US

Akwesasne Border Indictments • • Ring Is Cracked in Smuggling Of Illegal Chinese Immigrants By STEVEN A. HOLMES Published: December 11, 1998; New York Times • American and Canadian authorities announced today that they had broken up a sophisticated ring that smuggled Chinese immigrants into the United States, and ultimately to New York City, through a Mohawk reservation along the border. The authorities said the ring, made up primarily of Chinese citizens and members of the Mohawk tribe, transported more than 3, 600 Chinese immigrants across the lightly patrolled border along the St. Lawrence River and into upstate New York during the last two years. Officials said 47 people had been indicted for conspiracy to smuggle immigrants into the United States. Of those, 35 have been arrested. ''This is the first large-scale alien smuggling operation we have encountered on the northern border, '' Doris Meissner, the Commissioner of the Immigration and Naturalization Service, said in announcing the indictments. Only about a dozen of the immigrants who were smuggled in have been taken into custody. Officials said the immigrants, primarily young men from Fujian Province, paid as much as $47, 000 for the journey from China. • • •

Northern Border Strategy (1) • Ensure sufficient mobile workforce levels • Expand communications and data infrastructure to support sensing and response capability • Develop and expand sensing/camera/UAV technology • Acquire and use additional air assets • Use checkpoints and other deterrents

Northern Border Strategy (2) • Create Border Patrol-led joint task forces with state/local/tribal law enforcement • Expand upon existing IBET initiatives • Improve the dissemination of actionable intelligence

Coastal Border • Border Patrol works with Coast Guard and other agencies to address threats of: – Mass migrations – Maritime smuggling – Crew control • Significant challenges in Caribbean from: – Local government corruption – Inadequate tracking / monitoring assets for those who transit other countries