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Border and Coastal Security, Port Security, Intelligence and Homeland Security

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Is Current Immigration Policy Seriously Treated As A National Security Issue? How Was It
Treated Prior To 9/11?
Prior to 9/11 attack, the migration policy was mostly viewed in terms of strict control on
the US trading partners because illegal immigrants would enter into the US on the pretext of
trade. According to Andreas,1 efforts to reform the immigration policy were greeted with fierce
political exchange. The policy, however, changed after the 9/11 attacks, and focus shifted to the
fight on terrorism, and this is an indication that the current immigration policy is treating national
security seriously.
Since 2001, there has been an increased funding owing to the creation of the homeland
security, which has cost the government $589 billion since 2001 to 2011. Deportation has also
increased, and the government spends about $12 billion on custom and border protection. In
2001, about 18,000 criminals were deported, but in 2012, about 91,000 criminals were deported
and this is an indication that the government has put tight measures on security. In addition, the
immigration policy has allowed local police officers to act as immigration agents, whereby they
share the fingerprints of any criminal caught with the immigration department to ascertain the
nationality of the suspect2.
The Meaning of Open, But Closed Borders
Open borders do not put restrictions on the movements of the people and goods across it,
whereas closed border restricts entry of people and goods, and has gates or fences that are closed

Andreas, Peter, Border Games: Policing the U.S.-Mexico Divide, Second Edition, (2009, Ithaca: Cornell University
Press) 12.
2
Andreas, p. 28.

to restrict entry. An open, but closed border is, therefore, a border that is open to the entry of the
people, but has put some high demands that must be met for one to attain the entry permit3.
The Customs Border Authority
The Customs border authority entails exercising powers established under the
Department of Homeland Security (DHS) by the Custom and Boarder Protection (CBP) body.
The CBP has the authority to search any luggage entering the US, and also has the authority to
interrogate anyone believed to be an alien, as well as the authority to arrest4.
The Functional Equivalent of the Border
The functional equivalent of the border is the criteria established by the Supreme Court in
relation to the border search. It outlines how passengers and cargo in an international airport are
searched and also how a point or station near the border points can be searched for any alleged
immigration deals. In this case, the functional equivalent of a border can be seen as the act of an
international airport receiving flights from other countries5.
Border Searches under the Fourth Amendment
Under the fourth amendment, border searches must be reasonable, whereby the searches
or seizure conducted by an agent of the government must be reasonable, and must be supported
by a warrant6.

Andreas, p. 34.
Andreas, p. 41.
5
Andreas, 57.
6
Andreas, p. 40.
4

Bibliography
Andreas, Peter. Border Games: Policing the U. S. -Mexico Divide, Second Edition. Ithaca:
Cornell University Press, 2009.

The Effects Of Global Transportation System On Port Maritime Operations

Transportation is one of the four cornerstones of globalization. The global transport
system connects one point to various parts of the world. There are various modes of global
transport, but the water transport is the leader, especially in cargo transport. The global water
transport system has revolutionized the port maritime operations. In the first place, the maritime
technologically transformed as a response to globalization. The energy system of powering water
vessels has been transformed from oars to the use of petroleum energy, and other forms of
energy, and this accounts for most of the port activities. Globalization of the transport system has
put pressure on the port security. Chances of illegal goods and terrorists entering the country
through the port are high, and this has forced the maritime operators to put security as top on
their list of priorities. Pressure on the workforce has also increased because cargos come from
various parts of the world, and this has led to 24-hour operations at the port7.
The Meaning Of Economic Dependency On Maritime Transportation
The economy of the US relies on the health of the ocean. In this case, the ocean provides
a number of economic activities, including fishing, engagement in the boating industry, ocean
transport, tourism, and recreation. For every six jobs in the US, one is related to the maritime
industry. In addition, voluminous goods are transported through the ocean, and this forms the
bulk of the US international trade. Six sectors of the economy rely on maritime activities, and
contributes approximately $223 billion to the US GDP8. In this case, it means that the economy
of the US depends on the marine transport sector.

Christopher, Kenneth, Port Security Management, (2009, Boca Raton, FL: CRC Press Taylor & Francis Group) 11.

Christopher, p. 17

How The Maritime Transportation Security Act Of 2002 Affect The Port Security
Operations
The maritime Transportation Act of 2002 improved the security operations in the US. The
Act gave the Department of Homeland Security the mandate to secure all the ports in the US.
The Department of Homeland Security implemented regulations, which prevents people from
having unescorted access to the facilities and vessels, which are secure. This Act also allows
individuals without escorted access to, use biometric credentials as a proof of identity. In
addition, Transportation Workers Identity Credentials (TWIC) were created and this was issued
to all workers who qualified9.
Progresses And Challenges 10 Years After The MTSA
Maritime security has collectively improved because of various programs that have been
implemented by the US custom and Boarder Protection after the Maritime Transport Security Act
(MTSA) was implemented. Security programs have been implemented and focuses mainly on
four areas, including vessels and port facility security, security planning, security of the
international supply chain, and information sharing. As a result, a number of maritime security
strategies and plans have been implemented. For instance, the coast guard procedures are in
place and they perform an annual inspection of the facilities at the port. Also, plans have been
put in place for quick security response to domestic port insecurity10.
The DHS has also had some challenges since MTSA was implemented. Among the
challenges include difficulties in collaborating and partnering with other security agents,
difficulties in managing and implementing the security programs, lack of resources and funds to
effect some programs, and lack of quantitative means for performance measures11.
9

Christopher, p. 19.
Christopher, p. 28.
11
Christopher, p. 51.
10

Bibliography

Christopher, Kenneth. Port Security Management. Boca Raton, FL: CRC Press Taylor & Francis
Group, 2009.

Events That Have Had Profound Effects on the US Intelligence

The intelligence system of the United States has evolved from an amateurish attempt to
spy on the colonial armies in the current sophisticated form of intelligence spying. Nathan Hale
made a breakthrough into the intelligence system by attempting to spy on the British soldiers, but
he was crude in his attempt because the technology had not developed and a number of strategies
were not placed. Before 1880s, during the early year reconstruction, little focus was placed on
intelligence, apart from the efforts of the Union Forces who were spying on the forces of the
South. During the reconstruction period, the intelligence became essential in creating peace as
well as strengthening the union. Further development of the intelligence was experienced until
the times of the World War I12.
During the world war I, President Woodrow Wilson rejected the spies as part of the US
intelligence strategy. However, as the war progressed, the British wooed Woodrow into accepting
the spies as part of the intelligence strategy, and this was used throughout the period of the World
War I. At the start of the world war II, President Roosevelt made some attempt to strengthen the
intelligence unit. He appointed Donovan to head the newly formed nonmilitary intelligence unit.
He also borrowed a number of strategies from the British to strengthen the intelligence
community. Although this was a big step towards the development of the intelligence
community, there was no proper coordination between the nonmilitary intelligence unit and the
military. During the world war II, the weakness of the US intelligence system was exposed when
Pearl Harbor was attacked on 7th December 1941 by the Japanese. The attack indicated lack of
organization, coordination, and exchange of information among various organs of the
intelligence community. As a result, the government created the Office of Strategic Services and
this helped in coordinating information among various intelligence organs. This further led to the
12

FAS.ORG, The Evolution of the U.S. Intelligence Community-An Historical Overview, 1996, derived from:
http://www.fas.org/irp/offdocs/int022.html (accessed January 11, 2014).

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creation of the central intelligence group that pushed for the enactment of the national security
Act of 194713.
During the period between 1948 and 1950, the CIA was improved immensely, whereby
its internal format was restructured and expanded to coordinate the intelligence services. During
1970s, further reforms were made despite some turmoil. During 1980s, a number of spy cases
were recorded, but this was a decade of expansion of the CIA and the entire intelligence
community14.
During 1990s, there were few intelligence activities by the CIA, but the FBI increased its
spying and introduced new technologies. In 2001, the intelligence system completely changed,
and a new era of fighting terrorism commenced. An internal review of the CIA was made, and it
was discovered that top officials had failed. The government strengthened its intelligence forces
and new technologies of spying emails and other private communication was initiated. In
addition, all entry points, including the airports and ports were closely monitored. External
intelligence systems were also strengthened, whereby some members of the US intelligence
community have been strengthened15. Today, hardly an enemy plan can escape the eyes of the US
intelligence community.

Bibliography
13

Tobosaru, Nicolae, Evolutions of The U.S. Intelligence community after September 11th 2001, Supplement
Geostrategic Pulse, vol. 133, 2012, p. 5.
14
FAS.ORG, par 8.
15
Tobosaru, p. 6.

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FAS.ORG. "The Evolution of the U.S. Intelligence Community-An Historical Overview."

FAS.ORG. 1996. http://www.fas.org/irp/offdocs/int022.html (accessed January 11, 2014).
Tobosaru, Nicolae. "Evolutions of The U.S. Intelligence community after September 11th 2001."
Supplement Geostrategic Pulse 133 (2012): 1-12.