Border Management

INS Proposals For Controlling The Border

1. U.S. Border Patrol (between the Ports-of-Entry)

1.1 Short-Term Actions:

1.1.1 Department of Defense f DoD) Support to the Northern Border

1.1.1.1 Military Intelligence Analysts to Northern Border Sectors

Four (4) analysts each to eight (8) sectors = 32 analysts.
Benefit: Enhanced liaison, analysis and intelligence to support enforcement operations.
Proven success in early '90's. Analysts can be integrated into existing Intelligence Units.
Impact: Budgetary/Resource impact for DoD
Speed of Implementation: DoD controlled - estimate 30-45 days

1.1.1.2 Deploy Military Listening Point/Observation Post (LP/OP)

Ten (10) LP/OP units of six (6) personnel each per sector = 480 total personnel.
Benefit: Used in Border Patrol sectors to observe remote areas from concealed positions
and report illegal or suspicious activities to agents who can respond and investigate.
Expands coverage of the border and serves as a force multiplier for Border Patrol
operations.
Impact: Possible diplomatic implications with Canada.
Speed of Implementation: DoD controlled - estimate 30-45 days

1.1.1.3 Deploy Military Support Personnel to Northern Border (i.e. Electronics

Technicians and Mechanics)
Sixty-four (64) support personnel for the Northern Border.
Benefit: Maintain/augment maintenance requirements for agent support equipment and
vehicles.
Impact: Budgetary/Resource impact for DoD
Speed of Implementation: DoD controlled - estimate 30-45 days

1.1.1.4 Increase Air Operations Using Military Aircraft

Two (2) twin-engine helicopters per sector = 16 helicopters.
Benefit: Increased surveillance capacity, increased air to ground coordination.
Impact: Budgetary/Resource impact for DoD. Potential perception of "militarization of the
border."
Speed of Implementation: DoD controlled - estimate 30-45 days

1.1.1.5 Increase Marine Patrol with Assistance from Coast Guard

Benefit: Increased surveillance and interception capabilities along water boundaries.
Impact: No political impact. Assets might be charged against current Coast Guard
operations.
Speed of Implementation: Department of Transportation controlled - estimate 30-45
days
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INS Proposals For Controlling The Border
1.2 Mid/Long-Term Actions

1.2.1 Personnel Enhancements to Border Patrol Sectors (Agents and Support Staff)

1.2.1.1 Increase Border Patrol Agent Staffing

Benefit: Increased law enforcement coverage, expanded liaison and intelligence
collection capabilities, establishment/enhancement of checkpoint operations at major
transportation routes/areas of egress/smuggling routes, expanded border control.
Impact: Budgetary impact. Establishing checkpoints in some border areas may be
controversial.
Speed of Implementation: 4-6 years for staffing and training of personnel.
Southern Border = 2,990 additional agents
Northern Border = 630 additional agents
Coastal Borders = 235 additional agents
Total enhancement = 3,855 additional agents'!

1.2.1.2 Establish and/or Expand Anti-Smuggling/Terrorist Units in all Border Patrol

Sectors.
Benefit: Improved investigative and intelligence capabilities focused on smuggling
activity: aliens, terrorists, drugs, etc. Currently, some Border Patrol sectors along the
Northern border do not have established anti-smuggling units.
Impact: Budgetary impact. No political or controversial impact.
Speed of Implementation: 6-12 months for recruitment, hiring and training of personnel.
Southern Border = 90 ASU agents (10 per sector)
Northern Border = 48 ASU agents (6 per sector)
Coastal Borders = 18 ASU agents (6 per sector)
Total enhancement = 156 additional ASU agents

1.2.1.3 Enhance Technical Support Personnel for Increased Equipment/Technology

Benefit: Enhance the ability to maintain and monitor Integrated Surveillance Intelligence
Systems (ISIS) components and agent support equipment. Provide maintenance to
systems and equipment, optimizing effectiveness.
Impact: Budgetary impact. No political or controversial impact.
Speed of Implementation: 2-4 years for staffing, and training of personnel.
Southern Border = 90 additional (10 per sector)
Northern Border = 24 additional (3 per sector)
Coastal Borders = 9 additional (3 per sector)
Total enhancement = 123 additional support staff

1Staffing figure includes the following: 570 agents, which are contained in the President's FY-02 budget package;
100 agents in the anti-terrorism package; 480 agents to control the Northern Border.
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INS Proposals For Controlling The Border
1.2.2 Agent Support Equipment/Technology Enhancements for Border Patrol Sectors

1.2.2.1 Additional Night Vision and Agent Support Equipment

Benefit: Equipment improves efficiency and enhances ability of BP to control borders by
increasing detection and observation capabilities. Sensors enhance detection and
provide trend analysis capabilities. This would include sensors, infrared scopes, and
night vision technology to Southern, Northern, and Coastal border areas.
Impact: Budgetary impact.
Speed of Implementation: 1 - 3 years for equipment purchase and deployment.

1.2.2.2 Deploy Additional Remote Video Surveillance Systems (RVS)

Benefit: RVS systems enhance enforcement capabilities and are a force multiplier.
Systems will also support defining the threat level in areas where fully operational.
Impact: Environmental concerns must be addressed prior to deployment.
Speed of Implementation: 5-10 years for equipment purchase and deployment.
(Estimate is based on sufficient funding levels and environmental waivers.)

1.2.2.3 Mobile IDENT and ENFORCE for Field Processing

Benefit: Enable agents to remain in place in the field while processing apprehensions,
thereby maintaining a law enforcement presence in the field (minimizes downtime). With
a portable IDENT capability agents will be able to run record checks while in the field
using biometric identification systems, identify recidivists, wanted persons, etc..
Impact: Currently there is a Congressional moratorium on the deployment of IDENT.
Moratorium pending outcome of a DOJ study on integration with FBI's IAFIS system.
Speed of Implementation: 3-5 years for equipment purchase and deployment.

1.2.3 Enhance Marine/Air Capabilities for all Border Patrol Sectors

1.2.3.1 Enhance Border Patrol Air Capabilities in all Sectors

Benefit: Improved law enforcement, border control, and search and rescue capabilities;
relieves necessity for military aircraft.
Impact: Budgetary impact.
Speed of Implementation: 3-5 years for aircraft purchase, staffing, and training of
personnel.
Southwest Border = 18
Northern Border = 16
Coastal = _6
Total = 402

2 Total figure is based on two twin-engine rotary wing aircraft per sector. This figure does not include replacement
numbers, or fixed wing requirements. Aircraft deployment and type varies depending on operational/mission
requirements, terrain, etc.

r
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INS Proposals For Controlling The Border
1.2.3.2 Enhance Border Patrol Marine Capabilities in Designated Locations
Benefit: Increases the Border Patrol's surveillance, interception, and law enforcement
capabilities along the Nation's water boundaries.
Impact: Budgetary impact.
Speed of Implementation: 1-2 years for marine purchase, staffing, and training

Current Requested
Southwest Border 38 38
Northern Border 25 50
Coastal _6 12
Total 69 1003

1.2.4 Tactical Infrastructure for Border Patrol Sectors

1.2.4.1 Increased Funds for Roads, Lights, Fences, Vehicle Barriers

Benefit: Tactical infrastructure is an essential component of establishing comprehensive
border control.
Impact: Budgetary impact. Possible environmental concerns
Speed of Implementation: 1-5 years, depending on environmental issues.

1.2.4.2 Establish Easements for Border Enforcement Zones throughout the entirety of
U.S. borders — (150-200 feet in urban areas and up to % of a mile in rural areas)
Benefit: Allows the Border Patrol to establish an enforcement presence necessary to
deter/detect/apprehend/seize illegal entries and smuggling (drugs, aliens, terrorists, etc.)
Impact: Budgetary impact (cost of land purchase and easements).
Speed of Implementation: Immediate, depending on action required (Congressional,
Presidential action, etc.)

1.2.4.3 Temporarily Suspend or Permanently Waive Environmental Laws/Regulations

Benefit: Suspension/waiver of environmental laws/regulations will reduce the
deployment time (and cost) of constructing roads, fences, and deployment of lighting
systems by several months to over one year.
Impact: Significant and very controversial. Environmental groups will protest.
Speed of Implementation: Immediate, depending on action required (Congressional,
Presidential action, etc.)

Needs assessment must be conducted to determine operational requirements, replacement schedule for current
fleet, etc. Estimate is based on preliminary assessment of sector requirements in areas having
operational/enforcement requirements for boat patrol activities.
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INS Proposals For Controlling The Border
1.3 Other Initiatives

1.3.1 Legal Authority and Pay Issues

1.3.1.1 Implement Section 287(a)(5)(A) - Grant General Arrest Authority for all Border
Patrol agents. (Can be accomplished by rescinding a 1994 INS Commissioner's
memorandum.)
Benefit: Need for delegated authorities and/or deputization would be eliminated.
Potential liabilities against the Service and agents would be reduced. Expanded arrest
authorities would increase the Border Patrol's ability to support the President's national
security strategy to combat crime and terrorism.
Impact: Compliance with legislation passed in 1990.
Speed of Implementation: 1-3 months.

1.3.1.2 Waive Overtime Cap

Benefit: Will allow for expansion of coverage along the border because shifts can be
extended (force multiplier) and increases the number of man-hours available by
increasing the number of personnel on duty. Also facilitates operational planning during
extended deployments and/or during emergency situations when operational
requirements dictate prolonged shifts, leave restriction, etc.
Impact: Requires Congressional action.
Speed of Implementation: Immediate.

1.3.1.3 Pay Reform/Upgrade for all Border Patrol Agents

Benefit: Pay upgrade/reform would allow the Border Patrol to recruit, hire, train, and
retain a highly qualified workforce. Border Patrol agents are routinely recruited by other
federal law enforcement agencies and accept journeyman positions at higher pay grades
GS-12 vs. GS-9). This situation creates difficulty in retaining the most qualified
employees. Pay reform (from administratively uncontrollable overtime to law
enforcement availability pay) would solve operational challenges created by an
antiquated pay system and place the Border Patrol on the same compensation pacage
as sister DOJ agencies, e.g., FBI, DEA, USMS, etc.
Impact: Budgetary impact. May be controversial with bargaining unit employees (loss of
FLSA pay).
Speed of Implementation: Immediate if sufficient funding provided.
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INS Proposals For Controlling The Border

2. Inspection Operations (at Ports-of-Entry)

2.1 Short-Term Actions:
2.1.1 Inspections Programs
2.1.1.1 Eliminate the Transit Without Visa Program (TWOV), and Progressive Clearance;
inspect International-to International Transit Passengers (ITI)
Benefit: Ensures all travelers are inspected and clearly identified
Impact: Significant workload impact at specific ports-of-entry. Airlines may oppose.
Speed of Implementation: 30 -60 days
Additional Resources: 150 Inspectors

2.1.2 Documentary Requirements

2.1.2.1 Suspend issuance of visas to nationals of countries designated as known
supporters or harborers of terrorists (INA 212(f))
Benefit: Thwarts international terrorism.
Impact: Diplomatic implications
Speed of Implementation: Immediate

2.1.2.2 Reassess specific countries' designation in the Visa Waiver Program

Benefit: Curtails abuse of certain countries' passports to gain entry to the United States
Impact: Diplomatic implications.
Speed of Implementation: 90-180 days

2.1.2.3 Develop questionnaires for some visa applicants at U.S. consulates and
embassies abroad
Benefit: Enables the consular officer to make a more informed decision
Impact: May delay some visa issuance
Speed of Implementation: 30 days

2.1.3 Operations
2.1.3.1 Require lookout system checks for all service center or district office
adjudications
Benefit: Prevents the granting of benefits to an alien not deserving of that benefit.
Impact: Possible immediate impact on timeliness of adjudications.
Speed of Implementation: 6 months

2.1.3.2 Fingerprint all persons entering the United States as refugees

Benefit: Ensures known terrorists/criminals do not receive refugee status.
Impact: Budgetary implications and passenger delays at affected U.S. ports of entry.
Speed of Implementation: 6 months
Additional Resources: 12 Inspectors
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INS Proposals For Controlling The Border
2.1.3.3 Review the present listing of designated ports-of-entry to eliminate unnecessary
or redundant ports
Benefit: Efficient use of resources.
Impact: Potential impact on commerce.
Speed of Implementation: 30-90 days for review, and clearance of designation
withdrawal notification letters, or Federal Register notification.

2.1.3.4 Require carriers to provide cruise ship terminals designed and built to the same
specifications and technical requirements as landing stations at airports-of-entry.
Benefit: Efficient and effective use of inspectors. Improves operations.
Impact: Costs to cruise line industry
Speed of Implementation: 6 months, then ongoing

2.1.3.5 Ensure that only ports-of-entry designated as valid ports by both the
Commissioner of Customs and the Attorney General are used for the entry of
aliens
Benefit: Enhances coordination of INS and Customs resources/operations
Impact: May require new regulations
Speed of Implementation: 6 - 9 months

2.1.3.6 Ensure Ports-of-Entry meet landing station technical requirements for border
integrity and officer safety, ensure only ports-of-entry designated as valid and
compliant ports by both the Commissioner of Customs and the Attorney General
are used for the entry of aliens
Benefit: Efficient use of resources
Impact: Potential impact on commerce.
Speed of Implementation: One-year from regulation changes
Additional Resources: 10 Inspectors

2.1.4 Facilities
2.1.4.1 Impose a moratorium on port-of-entry and landing station expansion
Benefit: Efficient use of resources
Impact: Potential impact on commerce.
Speed of Implementation: Immediate - 60 days, time to clear notice

2.2 Mid/Long-Term Actions

2.2.1 Inspections Programs
2.2.1.1 Enhance secure alternative inspection systems
Benefit: Allows facilitation of low risk travelers and focus on the high-risk travelers.
Impact: Budgetary impact, potential negative impact on traveling public in remote areas.
Speed of Implementation: 6 months to 2 years
Additional Resources: 5 Inspectors
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INS Proposals For Controlling The Border
2.2.2 Port-of-Entrv Resources
2.2.2.1 Fully staff all land borders 24/7
Benefit: Land border ports-of-entry operate without jeopardizing security/officer safety:
Impact: Substantial budget impact
Speed of Implementation: 6 years to recruit train and deploy additional staff
Additional Resources: 5,544 (5,040 Inspectors, 504 support)

2.2.2.2 Provide full staffing for all airports and seaports

Benefit: Optimal staffing, facilitates flow of commerce without jeopardizing security
Impact: Substantial budget and resource
Speed of Implementation: 4 years to recruit train and deploy additional staff
Additional Resources: 1351 (1156 Inspectors, 195 support)

2.2.2.3 Improve compensation package to recruit and retain Immigration Inspectors (law
enforcement status, law enforcement - hazardous duty retirement - 6c Status)
Benefit: Enables INS to retain qualified, trained, and experienced inspectors.
Impact: Budgetary impact
Speed of Implementation: 6 months

2.2.3 Documentary Requirements

2.2.3.1 Eliminate the Western Hemisphere passport exemption for U.S. Citizens
Benefit: Reduction in fraudulent claims to U.S. Citizenship, eases reentry
Impact: Passport office resources, education campaign needed fro public and airlines
Speed of Implementation: 6 months to 1 year (depending on DOS action)

2.2.4 Operations
2.2.4.1 Make Advance Passenger Information data mandatory to land or depart
Benefit: Enhances ability to identify potential threats prior to arrival in the United States.
Impact: Costs to airlines and government to modify systems.
Speed of Implementation: 6 months to full implementation
Additional Resources: 200 Inspectors
Note: Currently 85% of airlines provide APIS data

2.2.4.2 Begin electronic data sharing on visa data and photographs, at ports-of-entry
Benefit: Visa information would be available at time of inspection.
Impact: Budgetary implications.
Speed of Implementation: 3 months to full implementation

2.2.4.3 Implement NCIC III at all ports-of-entry

Benefit: Aliens with criminal histories identified upon arrival in the United States.
Impact: Substantial budgetary impact.
Speed of Implementation: 2 year
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2.2.4.4 Implement NCIC III at U.S. consular posts abroad
Benefit: Visas would not be issued to inadmissible aliens based on criminal history.
Impact: Substantial budgetary impact.
Speed of Implementation: Pending legislation plus 90 days

2.2.4.5 Continue implementing foreign students controls, require mandatory periodic

reporting to INS by educational institutions with regard to student status
Benefit: Will improve control on students and exchange visitors.
Impact: Budgetary implications. Substantial resistance in the educational community
Speed of Implementation: 2 years to completion

2.2.4.6 Require that all carriers submit Advance Passenger Information before boarding
passengers
Benefit: Prevents known terrorists/criminals/ inadmissible passengers from boarding
Impact: Budgetary implications for airlines/government.
Speed of Implementation: 1 year
Note: The Australian government used this system to support the 2000 Olympics

2.2.4.7 Improve integration of all data systems

Benefit: Provides needed information to Investigations, Examinations, Inspections
Impact: Budgetary implications.
Speed of Implementation: 1 year