By Justin O’Brien
November 21, 2005

Department of Homeland Security Secretary Michael Chertoff announced DHS’ Secure Border Initiative November 2. The initiative is a multi-year comprehensive solution and plan to secure the national borders and deter and reduce illegal migration.

The plan incorporates expansion of detention and removal capabilities to eliminate the current “catch and release” situation and includes upgrading of the technology used in controlling the border. These include increased manned aerial activities, expanded use of UAVs and detection technology; border security infrastructure improvements, including the 14 mile San Diego wall, stadium'style lighting providing additional physical security to sharply reduce illegal border crossings; and stronger enforcement of the country’s national immigration laws, including more robust worksite enforcement. DHS’ goal is to have operational control of both the northern and southern borders within five years.

This year’s Homeland Security Appropriations bill includes an 11 percent increase for U.S. Customs and Border Protection, bringing total funding to more than $7 billion – funds that facilitate the hiring of an additional 1,000 Border Patrol agents. This will amount to an increase of more than 3000 agent increase since 9/11. President Bush recently signed the Homeland Security Appropriations Bill into law.

The Bill also includes almost $4 billion in total funding for U.S. Immigration and Customs Enforcement (ICE). This will add 400 new ICE criminal investigators, an additional 2,000 detention beds bringing the national total to near 20,000, fugitive operations teams, and Immigration Enforcement agents. The funds will add approximately 250 new criminal investigators to better target the human smuggling organizations and other criminal groups. The funding will also allow ICE to add 100 new Deportation Officers.

DHS currently has the legislative authority to place certain classes of aliens into a Expedited Repatriation (ER) category if they were apprehended within two years of entry. By policy, DHS has chosen to exercise this authority at all ports of entry and between ports of entry only along the Southwest border for aliens apprehended within 100 miles of the border and within 14 days of entry. DHS is reviewing options to expand ER further. Mayors discussed border and homeland security and their concerns with the “Catch and Release” phenomenon in depth during the 73rd Annual Conference of Mayors in Chicago last June. The Conference’s Cities and Borders Task Force is led by co–chairs Laredo Mayor Betty Flores and Detroit Mayor Kwame M. Kilpatrick. The Conference’s Homeland Security Task Force is led by Baltimore Mayor Martin O’Malley and Sugarland Mayor David G. Wallace.

DHS will integrate and coordinate the deployment and use of technology between ports-of-entry using more UAVs, aerial assets, remote video surveillance camera systems, and sensors. DHS will create an integrated border security system, with contract awards beginning in fiscal year 2006 and system deployment beginning in fiscal year 2007.

DHS will expand infrastructure systems throughout the border, in targeted areas, to strengthen security and reduce illegal crossings. DHS will also improve border infrastructure in certain areas by increasing physical layers of security, including access road construction to enhance Border Patrol response. “Stadium'style” lighting will be installed to deter illegal crossings as will surveillance cameras to monitor incursions along specific targeted areas of the border.

DHS will implement an employer self-compliance program in a united public-private effort to reduce the employment of unauthorized aliens in specific industries. The partnership will utilize a “best practices” methodology that employers will use to minimize certain known vulnerabilities in the legally required employment eligibility verification process.

DHS intends that by using corporate and industry leadership to influence competitors, vendors, and contractors, employers nationwide will adopt best practices to ensure all businesses dealing with participating corporations are in compliance with legal hiring requirements.

DHS will seek to strengthen current worksite enforcement regulations to place an affirmative duty on employers to make inquiries about information that suggests that their employee is not authorized to work.

DHS currently employs 287(g) authority to work with the Corrections Departments of selected states whereby correctional officers are authorized to identify, process, and begin removal proceedings for incarcerated criminals before they are released. Currently, 287(g) programs are in operation in three states: Alabama, Florida and Arizona, as well as in certain counties in California.

CAP seeks to identify and remove all incarcerated criminal aliens from the United States. The program will focus upon the identification and screening of foreign born aliens incarcerated in federal, state and major metropolitan jails and ensure their entry into immigration proceedings before being released.

Currently, there are more than 450,000 absconders nationally. This number grows at an annual rate of 40,000. DHS will expand the national fugitive operations program with a view to eliminating the fugitive absconder population within 10 years, subject to the provision of appropriate resources. To accomplish this objective DHS indicates both a need to establish 100 fugitive operations teams nationwide, an increase of 56 such teams from the existing 44, and a need to implement program efficiencies.

Working with the Department of State, DHS is in the process of streamlining country clearances and internal U.S. government process changes that could reduce every escorted deportation by several days.

DHS has begun to aggressively examine this process with foreign governments to ensure better coordination with other countries with regard to repatriation. Removable individuals often remain in detention facilities because that person’s country of origin fails to provide a required travel document in a timely fashion.