Immigration and Customs Enforcement - Research Paper Example

Immigration and Customs Enforcement (ICE) A Research Report al Affiliation When all within the jurisdiction of a territory abides by the law, security of the territory itself and the people is maintained. The US Department of Homeland Security bears this responsibility and more, thus within the organization are branches to where specific missions are dispensed. The Immigration and Customs Enforcement (ICE) is best known for its presence in domestic and international airports, vigilant of possible threats to peace and order, and suspicious acts of terrorism. Such is their most observable function, and basically what the name generally denotes. However, it seems that many had barely looked at the surface, while credits for the many accomplishments in the preservation of national security were enjoyed by renowned groups only. There is more to ICE than meets the eye. Immigration and Customs Enforcement (ICE) A Research Report Crime has many forms, and until one is committed, authorities may not be instigated to design the appropriate laws and the organization to enforce them. The establishment of the Immigration and Customs Enforcement (ICE) entails a long history of trial and error. From a small unit, it evolved into an all-encompassing crime-busting organization, and front-liner in the operation against terrorism. In fact, before 9/11, immigration and customs authorities were not widely recognized as an effective counterterrorism tool in the United States. ICE changed this by creating a host of new systems to better address national security threats and to detect potential terrorist activities in the United States. ICE targets the people, money, and materials that support terrorist criminal activity (Fay, 2007, p. 591) So much was the impact of the 9-11 tragedy that the Government addressed areas of “national security” before all other concerns. Intelligence planned to engage in strategies to monitor all means of communications and dissemination of information. The President made efforts to build close relationships with his counterparts abroad to extend the nation’s scope of alliance. Federal authorities created ICE to ensure that whatever the cause of the blunder was, it will not happen again. Today, although ICE is hardly ever portrayed in the big screen like the FBI and CIA, and thus is not identified by many, it is always included in the cast when national security is at risk. They perform such functions that affect millions of lives, directly and indirectly. Since then, the United States has not been subjected to anymore instance of terrorist attack, and the question lies on whether it was due to ICE’s effective performance, or radicals are just waiting for the right time to strike again. Introduction to Immigration and Customs Enforcement (ICE) Immigration and Customs Enforcement is the largest investigative branch of the Department of Homeland Security (DHS) of the United States. The bureau was established in March 2003, thru combination of the law enforcement sections of the former Immigration and Naturalization Service (INS) and the former Customs Service. Its main purpose is to “promote homeland security, public safety, and integrity of U.S. borders through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration” (ICE, 2011). ICE is directly involved in the implementation of more than 400 customs and immigration laws , and investigation and dismantling of criminal groups that pose threats to national security (Keegan, 2009). With more than 20,000 employees in offices in all 50 states and 47 foreign countries, ICE has an annual budget of more than $5.7 billion, primarily devoted to its two principal operating components—Homeland Security Investigations (HIS) and Enforcement and Removal Operations (ICE, 2011). Immigration, according to Wests Encyclopedia of American Law (2011), is “the entrance into a country of foreigners for purposes of permanent residence; and customs, is the place at a port, airport, or border where officials check that the goods that people are bringing into a country are legal, and whether they should pay customs duties”. By these definitions, it can be deduced that ICE is basically responsible for ensuring that the entry of foreign people and goods into the United States is in accordance with the law. However, taking into account the extensive list of their contractual obligations, the terms immigration and customs are merely employed to refer to the country’s borders; or in other sense, any crime that is executed or intended for the United States and all under its responsibility. Similarly, the description of ICE as an investigative agency does not make it a counterpart of the Federal Bureau of Investigation, although at some point, they are both involved in the search and analysis of information relevant to a criminal case. To clarify on the matter, ICE is a branch of the Department of Homeland Security, which means that it deals with all forms of malicious exploits that threaten national security; while FBI is under the jurisdiction of the Drug Enforcement Administration (DEA) and its tasks are limited to about 200 categories of federal offenses. History History does not only tell of the literal origin of things, and the turn of events that resulted into their foundation. In many cases, it uncovers the rationale of an existence, deed, or fate, that lead into a more profound discernment. The purpose of this section is to narrate the when’s and who’s behind the formation of ICE, as well as the compelling reasons to its continuance. Below is how the ICE history was told based from Bakken & Kindell (2006), Grolier Incorporated (1994), ALLGov (2011), and Smith (2010). During the mid-19th century, waves of European and Asian workers settled in the United States at the time demand for labor was relatively high, and immigration became a political concern. In 1875 following the end of the Civil War, a number of states passed their own immigration laws, however the Supreme Court later decreed that this was a responsibility of the federal government. The Office of the Superintendent of Immigration was then created to carry out admission, rejection, and processing of all foreigners that seek permanent residence into the United States. The office was turned into the Bureau of Immigration in March 1895. The Basic Naturalization Act of 1906 that framed the rules for naturalization in effect today, was passed by the Congress. This also “proscribed standard naturalization forms, encouraged state and local courts to relinquish their naturalization jurisdiction to Federal courts, and expanded the Bureau of Immigration into the Bureau of Immigration and Naturalization” (Smith, 2010). In 1913, the Department of Commerce and Labor were reorganized into today’s separate cabinet departments: The Department of Commerce that deals with the sustenance of economic growth, and the Department of Labor that is “charged with preparing the American workforce for new and better jobs” (U.S. Department of Labor, 2011). The same happened to the Bureau of Immigration and Naturalization. Each became a separate bureau, one for immigration and the other for naturalization. After the World War I, the number of immigrants into the United States intensified again. This induced the Congress, in 1921 and 1924, to pass a quota system that limited the approval of visas per country based on representation in the previous US census figures. Because only immigrants with valid visas are permitted entry, many made illegal attempts to enter the US. To obstruct such misdemeanor, the Congress formed the Border Patrol within the Bureau of Immigration to conduct the deportation procedures. The Congress agreed to reunite immigration and naturalization into a single entity that resulted in the creation of the Immigration and Naturalization Service (INS) by Executive Order 6166 of June 10, 1933. At the time, the German forces were starting to bully Europe, and fears of fascist spies entering the country grew. Control of the INS was transferred from the Department of Labor to the Department of Justice in 1940 by the President Franklin Roosevelt’s Reorganization Plan Number 5. During World War II , INS doubled in size, and became primarily responsible for securing the US borders against foreign enemies. The bombing of the Pearl Harbor in Hawaii on December 1941 by the Japanese troops led to fears about foreign-born citizens. An executive order forced thousands of Japanese-Americans on the West Coast to stay in internment camps. The INS became largely involved in the “recording and fingerprinting of every alien in the United States through the Alien Registration Program, organization and operation of internment camps and detention facilities for enemy aliens, and constant guard of national borders by the Border Patrol” (Smith, 2010). After the war, immigration concerns shifted to those entering the US from Latin America and Asia. Congress amended federal immigration law and replace the national origins system with a preference system designed to reunite families and attract skilled immigrants to the United States. The preference system “continued to limit the number of immigration visas available each year, however, and Congress still responded to refugees with special legislation, as it did for Indochinese refugees” in the Post-Vietnam era in the 1970s (Smith, 2010). The functional responsibilities of the INS was expanded again under the Immigration Reform and Control Act of 1986, making it more of a modern-day law enforcement agency. The act charged INS with enforcing sanctions against United States employers who have undocumented aliens in their payroll. This meant the “INS was now investigating, prosecuting and levying fines against corporate and individual employers and deporting aliens found to be working illegally in the US” (ALLGov, 2011). Further, the anti-immigrant movements began to rise, focusing mostly on Hispanic immigration in the American Southwest. The 9/11 tragedy moved the immigration debate to a different direction. Authorities learned that the commercial airliners that deliberately crashed into the World Trade Center and the Pentagon were aliens who infiltrated into the US territory despite being on terrorist watch list. These religious radicals “were able to carry out their mission only because they managed to evade the searching eyes of American Intelligence agencies and slip through a porous domestic security system” (Hoge & Rose, 2001).Having realized the flaws present in government operations overseeing domestic security and immigration at the time, federal officials established the Department of Homeland Security in 2003, changed the INS into the Citizenship and Immigration Services, and the Customs Service into the Customs and Border Protection Agency. Moreover, the law enforcement arms of the former INS and Customs Service were merged into the newly created Immigration and Customs Enforcement (ICE). Tasks and Priorities John Morton, Director of ICE explains that "from our inception, indeed, the department in which we fit, a top priority has been the prevention of another terrorist attack on the United States. From our immediate perspective, that means preventing the entry of terrorists and others who would do harm to us in the U.S" (as cited in Keegan, 2009, p.33). This is made possible by targeting immigrants through investigation of people, money, materials, and criminal activities that might be a threat to national, economic, transportation, and infrastructure security (Gaines & Kappeler, 2011). In 2010, ICE was restructured into the three separate divisions: Homeland Security Investigations (HIS) that is primarily devoted to criminal investigation, namely the Offices of Intelligence, International Affairs, and Investigations; Enforcement and Removal Operations (ERO) that aligns the existing offices in ICE primarily devoted to civil immigration enforcement, namely the Office of Detention and Removal Operations and the Secure Communities Program; and Management and Administration that consists of the Offices of the Chief Financial Officer, the Chief Information Officer, Human Capital, Acquisition Management, Policy, Privacy, Training and Development, National Firearms and Tactical Training Unit, Freedom of Information Act, the Chief Diversity Officer, and Equal Employment Opportunity.  Counter Proliferation Among the top priorities of the Immigration and Customs Enforcement is to prevent terrorist groups and hostile countries from illegal procurement of military products and sensitive technology, including weapons of mass destruction (WMD) components from the United States. Being a superpower country, the United States is known to possess all three types of WMD—nuclear, chemical and biological; and with it comes a serious accountability. HIS’s counter-proliferation investigative activities include the enforcement of U.S. laws involving the export of military items and controlled dual-use commodities, as wells as exports to sanctioned or embargoed countries. Other programs address illegal exports of military equipment and spare parts to embargoed countries, significant financial and business transactions with proscribed countries and groups, and export enforcement training for private industry, state, local, and foreign agencies. Child pornography/Child Sex Tourism Child pornography refers to “the visual representation of minors under the age of 18 engaged in sexual activity or the visual representation of minors engaging in lewd or erotic behavior designed to arouse the viewers sexual interest” (Legal Dictionary, 2011). ICE targets child pornographers, child sex tourists and facilitators, human smugglers and traffickers of minors.  On purpose of discontinuing such criminal activity and protect children from all parts of the globe, ICE instituted the Operation Predator in 2003. In line with this, ICE involved itself in the following: Creation of the National Child Victim Identification System in cooperation with the National Center for Missing and Exploited Children (NCMEC), the FBI, the U.S. Postal Inspection Service, the U.S. Secret Service, the Department of Justice, Internet Crimes Against Children Task Forces, etc. Working with foreign governments, Interpol, etc. to enhance coordination and cooperation on crimes that cross borders. Membership to the Virtual Global taskforce, joining law enforcement agencies around the world to fight child exploitation information and images that travel online. Human Trafficking Human trafficking is the “recruitment, transportation, transfer, harboring or receipt of people for the purpose of exploitation. Trafficking involves a process of using illicit means such as threat, use of force, or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability” (Legal Dictionary, 2011). It is also defined as sex trafficking in which a “commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age” (ICE, 2011).  Keegan (2009) affirms that ICE is making significant progress in combating modern day forms of slavery. According to the US Department of State, “an estimated 800,000 men women and children are smuggled across international borders every year. Many of these victims subsequently trafficked into prostitution or other forced labor situations. ICE heads the Human Smuggling and Trafficking Center, that is devoted to identifying the groups and routes that are used to traffic people into the United States” (Keegan, 2009, p. 35). In a Report to Congress from Attorney General John Ashcroft on May 1, 2004, it was mentioned that, U.S. Immigration and Customs Enforcement agents regularly conduct seminars and training of foreign law enforcement, airline staff, other foreign and U.S. Government employees, and international non-governmental organizations. While the main focus of ICE training is on U.S. entry requirements, the interception of altered and counterfeit travel documents and the identification of imposters using genuine travel documents, international training also addresses the related issues of trafficking in persons and human smuggling (p. 3). Financial Crimes ICE leads money laundering and financial crime investigations. Money laundering is “the legitimization of proceeds from illegal activity. To make a profit, illicit proceeds of crimes must be introduced into the worlds legitimate financial systems. Criminal organizations transform illicit monetary proceeds into funds derived from an apparent legal source” (Fay 2007, p.296). ICEs financial investigations are aimed at detecting and disrupting criminal schemes used to conduct money laundering and financial crimes, which have become increasingly sophisticated as criminal and terrorist organizations employ a wide array of methods to earn, move and store illicit funding.  Bulk cash smuggling or BCS has emerged as a common strategy used by narcotics traffickers and other criminals seeking to move illicit proceeds across transnational borders.  ICE has taken a lead role in combating BCS, which is criminalized under the USA Patriot Act.  ICEs unique authority for enforcement of border crimes places it at the forefront of BCS investigations, which ICE investigates by targeting transnational criminal organizations seeking to repatriate illicit proceeds.  ICE has also developed a series of Trade Transparency Units (TTUs) with international partners to aggressively target trade-based money laundering. Intellectual Property Rights  ICE HSI plays a leading role in investigating the production, smuggling and distribution of counterfeit products and combating intellectual property rights (IPR) violations.  Some of the top commodities seized in ICE HSI IPR investigations are products that pose significant risks to public safety and security; counterfeit pharmaceuticals and critical technology components, such as computer chips for defence systems and airplane equipment, were among the top seized commodities in FY09 IPR investigations. In Fiscal Year 2009 (FY09), ICE launched 1,479 IPR investigations that resulted in 414 arrests, 164 indictments and 203 convictions, as well as the seizure of more than $62 million in counterfeit merchandise. ICE HSI agents use a variety of assets and resources to combat the counterfeiting problem, working with other U.S. law enforcement agencies, foreign counterparts, and the private sector in its efforts to address this crime.  ICE HSI also leads the National Intellectual Property Rights Coordination Center (IPR Center) in Arlington, Virginia, which stands at the forefront of the U.S. governments response to global counterfeiting. Its mission is to ensure national security by protecting the health and safety of the United States public, and to stop predatory and unfair trade practices that threaten the global economy. Counterfeit Documents In this area, ICE HSI investigates the manufacture, sale or use of counterfeit identity documents, such as fake visas, I-551 "Green Cards", Employment Authorization cards, or passports, for immigration fraud or other criminal activity.  Document fraud also includes efforts to obtain genuine identity documents through fraudulent means. These activities have helped undocumented aliens, criminals and even terrorists evade detection and enter our society.  Document fraud often supports the crime of benefit fraud.  HSISX regularly meets with various foreign embassies and local law enforcement to discuss recent counterfeit document related crimes as well as other migration related trends. Human Rights Issues Human rights are rights and freedoms to which all humans are entitled.  All humans are endowed with certain entitlements merely by reason of being human.  There is now near-universal consensus that all individuals are entitled to certain basic rights under any circumstances. These include certain civil liberties and political rights, the most fundamental of which is the right to life and physical safety.  ICE HSI strives to identify and pursue Human Rights Violators (HRV) present in the U.S. or attempting to enter the U.S.  The Human Rights Violators and War Crimes Unit (HRVWCU) located at ICE Headquarters focuses on this issue and coordinates with various agencies to identify and locate HRVs.  HSISX works extensively with host governments and NGOs in identifying these violators.   Summary and Conclusion The duties and responsibilities of the U.S. Immigration and Customs Administration (ICE) cannot be undervalued. Although there are certain allegations from critics regarding its performance and allocation of budget, the figures referring to its efforts and accomplishments serve as another important consideration. History tells of the indispensability of operations that protect the country from terrorist groups, and the formation of many agencies preceding ICE demonstrates the keenness of the government in this drive. Various programs were formed under its jurisdiction in order to address specific crimes, and facilitate coordination with other federal bureaus. References Bakken, G.M. & Kindell, A. (2006). Encyclopedia of immigration and migration in the American West: Volume 1.New York: Sage Publications. Department of Homeland Security (2011). Immigration Enforcement. Retrieved from http://www.dhs.gov/files/programs/immigration-enforcement.shtm. Department of Homeland Security (2011). U.S. Immigration and Customs Enforcement. Retrieved from http://www.ice.gov/. Fay, J. (2007). Encyclopedia of security management. Oxford: Elsevier, Inc. Gaines, L.K. & Kappeler, V.E. (2011). Policing in America. Massachusetts: Anderson Publishing. Grolier Incorporated (1994). Academic American encyclopedia, volume 10. Connecticut: Grolier. Keegan, M.J.(2009). The business of government. Washington, DC: IBM Center for The Business of Government. Rael, M. & Wilson, J.S. (2005). Win the green card lottery! The complete do-it-yourself guide to the USA diversity visa lottery. New York: Creative Networks. U.S. Department of Justice (May 1, 2004). Report to Congress from Attorney General John Ashcroft on U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2003.Washington, D.C. 20530. Read More