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A LOOK INTO THE ORGANIZATION

OF THE U.S. BORDER SECURITY

DURING THE 21ST CENTURY

Word count: 24 531

Isabel Van der Poorten

Student number : 01607071

Supervisor: Prof. Dr. Herman Matthijs

Master’s Dissertation submitted to obtain the degree of: Master of Science in Public Administration and Management

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II

Confidentiality agreement

PERMISSION

I declare that the content of this Master’s Dissertation may be consulted and/or reproduced, provided that the source is referenced.

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III

Preamble impact corona measures

On March 13, 2020 a number of measures were taken by the Belgian government to fight the coronavirus. These measures had little impact on the development of this master’s thesis. From the beginning, a document analysis has been the main method of the thesis. Therefore, nothing had to be changed about this approach.

Nevertheless, I was not able to visit the U.S. Embassy in Brussels and interview experts on the subject. I did send an email to the Embassy to request an interview but this was a dead end. It was not vital for my master’s thesis because most of the information could be found on government websites and official documents. Besides, I was not able to go to libraries to find information on the subject.

I did do two interviews via email, one with an employee of the Federal Public Service Foreign Affairs (‘FOD Buitenlandse Zaken’) and one with an employee of the Belgian Federal Police, Directorate International Police Cooperation. Both interviews were about the U.S. preclearance negotiations at Brussels Airport. Since I could not interview them face-to-face, the respondents thought it was easiest to do the interview via email.

This preamble is drawn up in consultation between the student and the supervisor and is approved by both.

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IV

Dutch summary

Deze masterproef analyseert de organisatie van de grensbeveiliging in de Verenigde Staten gedurende de 21ste eeuw. Na 11 september 2001 werd de grensbeveiliging belangrijker en de aanslagen op het World Trade Center in New York, het Pentagon nabij Washington D.C. en Pennsylvania zorgden voor een aantal verschuivingen en veranderingen binnen de Amerikaanse overheid. Voor de analyse werd er gebruik gemaakt van de kwalitatieve onderzoeksmethode documentenanalyse om de informatie te vergaren en te verwerken. Ook werden er via e-mail twee interviews afgenomen met een medewerker van de FOD Buitenlandse Zaken en een medewerker van de Directie Internationale Politiesamenwerking van de Belgische Federale Politie. Beide interviews gingen over de onderhandelingen tussen de V.S. en België over de preclearance op Brussels Airport.

In het eerste hoofdstuk van de masterproef worden een overzicht en een aantal definities gegeven van het concept ‘grensbeveiliging’. Ook wordt de lengte van de Amerikaanse grens besproken en hoe succesvolle grensbeveiliging gemeten wordt. In het volgende hoofdstuk gaat het over het Departement Binnenlandse Veiligheid. Dit departement werd opgericht in 2003 in navolging van de aanslagen van 9/11. In dit deel wordt besproken hoe het departement werd opgericht, wat het strategisch plan voor de komende jaren inhoudt, wat haar missie is en hoe de structuur van de organisatie eruit ziet.

In de daaropvolgende hoofdstukken wordt gekeken naar de vier belangrijkste agentschappen in het beveiligen van de Amerikaanse grens: de Douane en Grenspolitie, de Immigratie en Douane Handhaving, de Kustwacht en de Beveiligingsadministratie voor Transport. Er is een hoofdstuk geweid aan elk van deze vier instanties. Enkele elementen die besproken worden zijn: de geschiedenis en het ontstaan van de organisaties, de missie, het strategisch plan en de organisatiestructuur die vooral het leiderschap en de taken van de agentschappen inhoudt. In de laatste twee hoofdstukken worden ook het budget en het aantal medewerkers van het departement en de agentschappen bestudeerd. De jaren die in beschouwing worden genomen zijn 2003 tot en met 2021 en de data zijn verzameld uit officiële documenten die ter beschikking gesteld zijn door het departement. Enkel het personeel van het departement wordt niet besproken omdat hierover geen data beschikbaar was.

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Preface

This master’s thesis forms the icing on the cake of four incredible years Public Administration and Management. This program has taught me many interesting things about the public sector and it formed a solid base for the future. It opened many new doors and it gave me the opportunity to live my dream: studying in the U.S.

I was always interested in the security aspect and I knew I wanted to write about a topic that concerned the U.S. Therefore, I want to thank my supervisor, prof. dr. Herman Matthijs to suggest this interesting topic that had the best of both worlds. He guided me through this last year very well and gave feedback whenever I needed it.

I also want to thank the two respondents of the interviews for providing me with very useful information. Even during these hectic times, they still managed to find the time to answer my questions.

The last four years would not have been the same without my amazing friends. If I had not chosen to study Public Administration I would never have met such incredible people and lifelong friends. We supported each other through all the ups and downs and experienced some of the most amazing moments together. I’m sure this is not the end but only the beginning.

Finally, I want to thank my family for supporting me during the past four years and making my exchange to New York possible. Also a big thank you to Evi and my sister, Marie, for reading my master’s thesis.

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Table of contents

Confidentiality agreement ...II Preamble impact corona measures...III Dutch summary ... IV Preface ... V Table of contents ... VI List of abbreviations ... X List of tables ...XII List of figures ...XII

Introduction ...1 Research plan ...3 Problem posing ...3 Relevance ...4 Research question ...5 Methodology ...6 1. Border security ...8 1.1 Definitions ...8 1.2 Border length ...9

1.3 Measurement of border security ...10

2. Department of Homeland Security ...12

2.1 Creation ...12

2.2 Mission ...14

2.3 Strategic plan 2020-2024 ...15

2.4 Organizational structure ...17

3. U.S. Customs and Border Protection ...19

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VII 3.2 Creation ...21 3.3 Guiding principles ...22 3.4 Strategic plan 2020-2025 ...23 3.4.1 Goal 1: Mission ...23 3.4.2 Goal 2: team ...24 3.4.3 Goal 3: future ...25 3.5 Organizational structure ...25

3.5.1 Leadership and offices ...26

3.5.2 Tasks ...28

a. At ports of entry ...28

b. Along U.S. borders ...31

c. From the air and sea ...33

3.6 Visa Waiver Program...35

4. U.S. Immigration and Customs Enforcement...38

4.1 Creation ...38

4.2 Organizational structure ...39

4.2.1 Leadership ...39

4.2.2 Directorates ...40

4.2.3 Tasks ...41

4.3 Difference between ICE and CBP ...43

5. U.S. Coast Guard ...44

5.1 History and creation...44

5.2 Department of Homeland Security ...46

5.3 About USCG ...46

5.3.1 Mission ...46

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5.3.3 Coast Guard forces ...47

5.4 Strategic plan 2018-2022 ...48

5.4.1 Strategic priority 1: Maximize readiness today and tomorrow ...48

5.4.2 Strategic priority 2: Address the nation’s complex maritime challenges ...49

5.4.3 Strategic priority 3: Deliver mission excellence anytime, anywhere ...49

5.5 Organizational structure ...50 5.5.1 Leadership ...50 5.5.2 Tasks ...51 5.5.3 Areas of operation ...53 a. Atlantic Area ...54 b. Pacific Area ...55

6. U.S. Transportation Security Administration ...56

6.1 Creation ...56 6.2 About TSA ...58 6.3 Strategic plan 2018-2026 ...58 6.4 Organizational structure ...60 6.4.1 Leadership ...60 6.4.2 Tasks ...62 7. Budget ...63

7.1 Department of Homeland Security ...64

7.2 U.S. Customs and Border Protection ...65

7.3 U.S. Immigration and Customs Enforcement ...65

7.4 U.S. Coast Guard ...65

7.5 U.S. Transportation Security Administration ...66

8. Employees ...67

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IX

8.2 U.S. Immigration and Customs Enforcement ...68

8.3 U.S. Coast Guard ...69

8.4 U.S. Transportation Security Administration ...69

Conclusion and discussion ...70 Bibliography ...XIII Attachments ... XXVI Attachment 1: Department of Homeland Security Organizational Chart ... XXVI Attachment 2: U.S. Customs and Border Protection Organizational Chart... XXVII Attachment 3: U.S. Coast Guard Areas of Operation (Domestic) ... XXVIII Attachment 4: U.S. Coast Guard Areas of Operation (International) ...XXIX Attachment 5: U.S. Transportation Security Administration Organizational Chart ... XXX

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X

List of abbreviations

9/11 September 11, 2001

AMO Air and Marine Operations

AMOC Air and Marine Operations Center

APHIS Animal and Plant Health Inspection Service

AQI Agricultural Quarantine Inspection

ATSA Aviation and Transportation Security Act

BORSTAR Border Patrol Search, Trauma and Rescue Unit

BORTAC Border Patrol Tactical Unit

CBP Customs and Border Protection

DCO Deputy Commandant for Operations

DHS Department of Homeland Security

DOD Department of Defense

EAC Executive Assistant Commissioner

EEZ Exclusive Economic Zone

EFTA European Free Trade Association

ERO Enforcement and Removal Operations

ESTA Electronic System for Travel Authorization

FAA Federal Aviation Administration

FPS Federal Protective Service

FPS Federal Public Service

FY Fiscal Year

HSA Homeland Security Act

HSI Homeland Security Investigations

ICE Immigration and Customs Enforcement

IMO International Marine Organization

INS Immigration and Naturalization Service

ISR Intelligence, Surveillance and Reconnaissance

M&A Management and Administration

NASO National Air Security Operations

NOAA National Oceanic and Atmospheric Administration

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XI OMB Office of Management and Budget

OPLA Office of the Principal Legal Advisor

PATFORSWA Patrol Forces Southwest Asia

POE Port of Entry

SOG Special Operations Group

TSA Transportation Security Administration

U.S. United States

U.S.-VISIT United States Visitor and Immigrant Status Indicator Technology

USBP United States Border Patrol

USCG United States Coast Guard

USCIS United States Citizenship and Immigration Services

USCS United States Customs Service

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XII

List of tables

Table 1: Visa Waiver Program Countries ...36 Table 2: DHS total budget authority ...63 Table 3: Estimation of total workforce of CBP, ICE, USCG and TSA ...67

List of figures

Figure 1: DHS organizational chart ... XXVI Figure 2: CBP organizational chart ... XXVII Figure 3: USCG domestic areas of operation ... XXVIII Figure 4: USCG international areas of operation ...XXIX Figure 5: TSA organizational chart ... XXX

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Introduction

“A great people has been moved to defend a great nation” – George W. Bush (2001)

George W. Bush, the 43rd president of the United States, spoke these words in his speech on September 11, 2001 where he addressed the nation after the terrorist attacks (The White House, 2001). This indicates that securing the U.S. borders has taken on a new dimension ever since 9/11. Substantial changes were made by the U.S. government and it united many people. From then on, the aim has been to make sure attacks like these would never happen again and the country would be prepared for possible future attacks. To this day, no tragic event of this scale has occurred on U.S. soil.

Inside the U.S. government, a large reorganization took place approximately one year after 9/11. The Department of Homeland Security (DHS) was established and combined various agencies of other departments. A few new agencies were formed as well within the DHS, like the U.S. Customs and Border Protection (CBP) and the U.S. Immigration and Customs Enforcement (ICE). Both agencies plus the U.S. Coast Guard (USCG) and the U.S. Transportation Security Administration (TSA) became the main actors in charge of securing the borders.

This study analyses the organization of the U.S. border security in the 21st century, given the fact that some major changes were made in the beginning of the century. In the first part of this master’s thesis, the research plan is outlined including the problem posing, the relevance and the research question. Then, the methodology that is used for the analysis is explained. The second part consists of eight chapters. First of all, an overview of the concept ‘border security’ is given which includes several definitions, a description of the border length and how successful border security is measured. The second chapter is about the Department of Homeland Security. Several aspects are explained like for example how it was established, what its mission is, its strategic goals and what the organizational structure looks like.

The four following chapters each describe the four agencies involved in the U.S. border security. It starts with an explanation of the U.S. Customs and Border Protection (CBP). This chapter includes the agency’s history, creation, guiding principles, strategic plan and organizational structure which consists of the leadership and the tasks of the agency. This

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chapter ends with an explanation of the Visa Waiver Program (VWP) and the Electronic System for Travel Authorization (ESTA). Next is the U.S. Immigration and Customs Enforcement (ICE). This chapter encompasses ICE’s establishment and organizational structure combining its leadership, directorates and tasks. The difference between the Immigration and Customs Enforcement and the Customs and Border Protection is described as well, because sometimes the difference in tasks concerning the enforcement of immigration laws is not clear to the public.

The fifth chapter concerns the U.S. Coast Guard (USCG). Its history and creation are discussed as well as some typical elements like its mission, guiding principles and workforce layout. Moreover, the strategic plan and organizational structure which combines the leadership, tasks and areas of operation of the agency are explained. The last agency involved in the U.S. border security is the U.S. Transportation Security Administration (TSA). In this chapter, the TSA’s creation, mission and strategic plan are outlined as well as its organizational structure which contains its leadership and tasks.

The final two chapters are concerned with the budget and the employees of the abovementioned department and agencies. The budget of fiscal year 2003 until 2021 is discussed and the numbers are gathered from the ‘budget in brief’ documents provided by the Department of Homeland Security. Furthermore, the amount of employees is examined of fiscal year 2003 until 2021 of the four agencies involved in the border security. The data also comes from the ‘budget in brief’ documents. The amount of employees of the Department of Homeland Security is not included because no data was available. The years 2000 until 2002 are not included in both chapters because the Department of Homeland Security did not exist yet and neither did most of the agencies discussed.

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Research plan

The research plan consists of the problem posing, relevance and research question of the master’s thesis. They will each be discussed into more detail.

Problem posing

Border security is a hot topic in the United States and it has been for many years. Considering the U.S. is such a large country with hundreds of kilometers of borders, it is difficult to fully protect the nation against “intruders”. In 2017, approximately 10.5 million unauthorized immigrants were living in the U.S. (Passel, 2019). It is important to safeguard the country and its citizens from terrorist attacks and prevent terrorists from crossing the borders. Moreover, officers have to make sure that illegal substances and weapons are seized at the borders and do not get into the country.

The most known tragic event in the history of the border security is the attacks of September 11, 2001 on the twin towers of the World Trade Center in New York City, the Pentagon near Washington D.C. and a field in Pennsylvania. Authorities failed to intercept the terrorists at the airports of Boston, New York and Washington D.C. (Tikkanen, n.d.). This unfortunate event will be included in the following chapters and it is clear to say that this date had a large impact on the organization of the border security in the years following the attacks.

Recently, the border security regained attention with Donald Trump running for President of the United States and eventually being elected as the 45th President of the country. During his campaign, an important battle point was to build a wall on the South border of the country to separate it from Mexico.

The abovementioned issues combined show that border security is an omnipresent topic. Managing the borders of a large country like the United States is not an easy task and it involves many actors. Therefore it is useful to take a closer look at the organization of the border security in the U.S.

The goal of this master’s thesis is to give an overview of and an insight into the functioning of the border security of one of the most important and largest countries in the world. The way the actors involved operate under the supervision of the Department of Homeland Security is the main aspect of this thesis. As already mentioned, the attacks of 9/11 will be included due to it being a significant turning point in the nation’s history.

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4 Relevance

The relevance of this master’s thesis consists of two aspects. The first element is the academic relevance. This means that the knowledge that will be dispersed by the research will contribute to existing knowledge about the subject (van Thiel, 2015). Since there is little academic research that covers the functioning of the border security in its entirety or even some aspects of it, this thesis will seek to fill in the gap of the academic research.

Secondly, the social importance of this thesis lays in the fact that border security has been a current theme, especially since 9/11. Also, even more recently with Donald Trump becoming president of the U.S. and making a promise in his campaign to build a wall on the southern border that separates the country from Mexico. His objective was to enforce the border security and stop illegal immigrants from entering the country. Donald Trump managed to get the necessary funds for the wall, not from Mexico as he would have wanted, but from the military budget, among other things. The wall is gradually being built, however most of the current construction is actually a replacement of old fencing. In other words, only a few hundred miles have been fenced, but the largest part - the new construction - still needs to be built (Miroff & Blanco, 2020).

Furthermore, immigration is not only a social issue in the U.S. but everywhere in the world and terrorism is also present in the current world. However, border security is about more than preventing illegal immigrants and terrorists from entering the country. It is also about preventing illegal substances and weapons from getting into the country. All these tasks run parallel with allowing every legal traveler into the country and encouraging lawful trade (DHS, 2019g).

Therefore, it is of relevance to take a closer look at how one of the largest nations in the world organizes safety and security at its borders. It can contribute to a better functioning of the system or it can be an example for other countries or groups of countries like the European Union.

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5 Research question

Border security is a very broad subject with many subdivisions. It also goes far back in time so it is necessary to limit the scope of this thesis. Since the events of September 11, 2001, border security became a priority and many shifts were made in the U.S. government. Therefore, as this marks the beginning of the 21st century, this will be the starting point for the analysis. The research question that will be the focus of this master’s thesis is the following: “What does the organization of the United States’ border security look like in the 21st century?”.

Thus, only the years 2000 until 2020 of the organization of the U.S. border security will be taken into account. Of course, a brief description of the history of the agencies that are responsible for the border security will be given as well. This is crucial to understand certain decisions and how and why the agencies were established.

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Methodology

In this chapter, the research method that was used to analyze the topic is described. In this master’s thesis, a qualitative approach was applied. This type of approach was chosen because it provides better information and it is more suited to give an overview of the border security rather than going into detail about certain parts. It was not relevant to analyze quantitative data for this subject.

The qualitative approach is divided into two different methods for this analysis: the document analysis and the interview. Considering this is mainly a descriptive analysis, only existing information is used. This means that information distributed by others is reused for own research. Examples are policy documents, annual reports and academic texts (van Thiel, 2015).

The first and central method is a document analysis. It is necessary to mention that few academic research exists on the topic. Especially literature in academic databases about the organization of the U.S. Coast Guard, Customs and Border Protection and Immigration and Customs Enforcement is scarce. There is some information available about the measurement of successful border security, the impact of 9/11 on security in general and other technical aspects of the agencies, which is not very relevant for this thesis. Nevertheless, a few scientific texts about border security in general, the key agencies involved and the Transportation Security Administration (TSA) are used.

Document analysis is the main approach used in this thesis because most of the information comes from documents and reports of official websites from the U.S. government. Examples are bills, financial reports, fact sheets and website items. The reliability and validity can be affected when using a qualitative approach. Authors can be subjective when it comes to information they disperse (van Thiel, 2015). However, the information for this thesis is updated regularly and is highly reliable because it is drawn up by the government agencies themselves. Thus, the information is directly gathered from the source. There is also no subjectivity of the government in this case because the master’s thesis solely is a description of the organization of the U.S. border security. The data acquired dates back no later than 2001 so the information is not outdated. However, a disadvantage of this analysis is that the U.S. Coast Guard and the Transportation Security Administration do not make use of any dates

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on their websites. Therefore, every source where no date of creation or adaptation was available, ‘no date’ (n.d.) was used following a letter to indicate the difference between in-text sources.

The information was processed systematically. First, documents were reviewed to determine what the interesting and relevant information was. Then, the main parts of the thesis were divided into subtitles to indicate what information had to come where. Finally, information was analyzed per subtitle.

The document analysis has several advantages. First of all, it is less time-consuming than other approaches. Besides, it is cost-effective because no expenses have to be made. Documents also do not react to the research process in contrast to, for example, observation. Moreover, often there are many documents available on, among others, the internet (Bowen, 2009). On the other hand, document analysis has some disadvantages. Low retrievability is one of them, because sometimes access to certain documents is denied. Some sources also do not provide enough details for the research, because they were drawn up for other reasons. Lastly, there might be biased selectivity of documents. Despite these disadvantages, the benefits still outweigh the limitations (Bowen, 2009).

The second method is the interview to gain insight into the topic and complement the document analysis where important information is missing. Two different entities were emailed to acquire current information concerning the U.S. preclearance negotiations between Belgium and the U.S. The first entity is the Federal Public Service (FPS) Foreign Affairs and the second, the Directorate International Police Cooperation of the Belgian Federal Police. These entities were chosen because they are both part of the preclearance negotiations. Two employees of either entity provided me with the necessary information. They wish to remain anonymous.

The interviews were structured interviews because they happened via email. A list of questions was sent to the respondents and they replied with short answers. According to van Thiel (2015) the more structured an interview is, the better the validity and reliability. Both respondents gave the same information, which means that it is reliable.

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1. Border security

Every day, thousands of people cross the U.S. borders one way or another. Many enter the United States by plane as international tourists or visitors who have to be in the country for work. Another large group makes up the people who are not residents of the U.S. but cross the border to work in the U.S. and return at the end of the day.

The first chapter of this master’s thesis provides an introduction on the concept ‘border security’. First of all, a few definitions are given to shape the context. Then, the border length of the U.S. is discussed and lastly, the measurement of successful border security will be explained.

1.1 Definitions

Border security is a hard to define, broad concept. Many attempts have been made to delimit it, but it is looked at from a different point of view in each country and even inhabitants have their own idea of what border security means. The Department of Homeland Security uses an extensive description of what it includes and what aspects make up the border security rather than a clear, brief definition of the concept itself.

In order to fully understand the topic of this master’s thesis, a few definitions are listed below. It shows that defining border security is difficult and that many people have more or less the same idea, but the focus differs from actor to actor.

Definition Department of Homeland Security (DHS, 2019a): “Protecting our borders

from the illegal movement of weapons, drugs, contraband, and people, while promoting lawful trade and travel, is essential to homeland security, economic prosperity, and national sovereignty.”

Definition U.S. Customs and Border Protection – U.S. Border Patrol (CBP, 2019a, p.34): “Border security is the result of an integrated, unified, U.S. Government-wide effort to protect

the United States from illegal transnational threats.”

Definition Akkerman (2012, p.4): “Border security focuses on securing borders against

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Definition Willis, Predd, Davis & Brown (2010, p.7): “We sustain the unifying view of

border security as an effort to control cross-border movement, with the ultimate goal of reducing illegal flows and not (unduly) limiting legal flows.”

Definition Victor M. Manjarrez (2015, p.3-4): “Throughout my career I have defined

successful border security as a situational awareness of the border that effectively thwarts the ability of the criminal element to operate. The aim is to reduce the vulnerability (chaos and clutter) of an uncontrolled border so as to improve the quality of life for the residents and legitimate businesses and reduce the risk to the nation’s economic vitality.”

What all of these definitions have in common is that they all contain the protection of the country against threats. Besides, the illegal movement of different elements like drugs and people is frequently included. The definitions of the DHS and Willis et al. (2010) also talk about ensuring legal travel and trade. The definition of Akkerman (2012) is the only one directly referring to migration.

Border security is often associated with illegal immigration. However, both topics are two separate issues that influence one another but cannot be treated as the same (Manjarrez, 2015). Also, after the attacks of 9/11, border security was more and more related to preventing terrorism and the priority of the agencies involved, went to stopping possible terrorists at the borders (Olsen & Wilson, 2013).

1.2 Border length

The United States has a considerable number of border miles because it is a large country and adjoins states outside the mainland like Alaska and Hawaii. First of all, the border with Canada is approximately 3,987 miles - which equals 6,417 kilometers - long, Alaska not included. The length of the border between Canada and Alaska measures 1,538 miles (2,475 kilometers). Second, the southern border with Mexico is not even half of the length of the U.S.-Canada border, but it is a very important access point to the U.S. (Beaver, 2006).

The coastline of the United States is more difficult to measure because it can vary due to tides and rising sea levels. Based on U.S. Census data, the general coastline is approximately 12,383 miles (19,929 kilometers). However, according to the National Oceanic and Atmospheric Administration (NOAA) that belongs to the Department of Commerce, the shoreline’s length is 95,471 miles (153,646 kilometers). This number includes the Great Lakes, territories and

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rivers. It is needless to say that these numbers can vary, depending on how researchers define the shoreline (Harrington, 2015; NOAA, 2020).

1.3 Measurement of border security

Despite the fact that border security is not clearly defined, it is still important to measure the success of border security operations. This ranges from the number of illegal immigrants stopped at the borders, to the amount of illegal substances seized, to arresting criminals who are trying to enter the country through its ports of entry. However, the focus of most border security metrics is on illegal immigration. The Department of Homeland Security (DHS) also developed metrics for a secure border.

The DHS measures four things: the inputs, activities, outputs and outcomes. The first two elements are the easiest to measure because they can be observed directly. Besides, the government keeps records of the amount of employees they have, but also the amount of apprehensions at the borders and the amount of people who travel to the U.S. Although these measures can be useful to know what DHS does to protect the borders, they do not explain its success very well (DHS, 2019b).

Output and outcome measures tell more about the effectiveness of border security and are useful to evaluate the existing procedures. However, they are harder to measure because often, people who cross the borders illegally do so without getting caught. The DHS states that another difficulty is “the diversity and complexity of the enforcement mission along the United States’ 6,000 miles of land borders, 95,471 miles of coastline, and 350 POEs” (DHS, 2019b, p.5-6). Outcomes can also be influenced by a number of different things not related to border enforcement like economic factors, for example (DHS, 2019b).

The measures discussed above are split into four categories: ‘metrics for securing the border between ports of entry (POEs) and at POEs’, ‘metrics for securing the maritime border’ and finally, ‘metrics for air and maritime security in the land domain’ (DHS, 2019b). The metrics will not be discussed because it is too technical for this analysis and it is not relevant to see how border security is measured into detail for the answer on the research question.

The metrics to measure effective border security operations are a good starting point but they are insufficient. There is little knowledge about the number of people who try to cross the U.S. borders illegally because it is nearly impossible to physically detect all illegal border crossers.

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The U.S. border is long and some areas are difficult to reach. The use of technology definitely helps in monitoring the border, but again remote areas cause difficulties (Magalhaes, 2019; Nuñez-Neto, 2017).

The DHS acknowledged the flaws and said that it is researching ways to monitor the overall flow of people across the borders. Blas Nuñez-Neto (2017), a policy researcher at the RAND Corporation, said in U.S. News that “this is key, because without better estimates for the total number of crossings it is impossible to measure how successful U.S. border controls are” (Nuñez-Neto, 2017).

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12 Border security is one of the many topics under the supervision of the Department of Homeland Security (DHS). It is managed by the Customs and Border Protection (CBP), the Coast Guard (USCG), the Immigration and Customs Enforcement (ICE) and the Transportation Security Administration (TSA) (Nuñez-Neto, 2010). In the following chapters, a description of the functioning of the Department and the four agencies responsible for border security is given. In the final chapters, the actors’ budget and employees for the fiscal years 2003 until 2021 are discussed.

2. Department of Homeland Security

The second chapter is about the Department of Homeland Security (DHS). First of all, its establishment and mission are explained. Furthermore, the strategic plan 2020-2024 is discussed and lastly, the organizational structure of the department is given.

2.1 Creation

After the September 11 attacks, it was clear that something had to change in order to better protect the country. President George W. Bush drew up Executive Order No. 13228 (2001) 1 to create the Office of Homeland Security a few weeks after the attacks. This office was headed by Tom Ridge and served as an assistant to the President. The objective was to “develop and coordinate the implementation of a comprehensive national strategy to secure the United States from terrorist threats or attacks”2. Moreover, a Homeland Security Council was set up to coordinate all efforts in the homeland security domain of the agencies involved3. In June 2002, President Bush wrote a proposal to restructure a large part of the U.S. government and served as the foundation of the Homeland Security Act (HSA) of 2002. The reason behind it was that homeland security was not a primary task of any agency up until then. This was a problem because America was striving for a more united approach against terrorism which would not be possible if it remained a responsibility of many different government organizations. These various government agencies became integrated in a new department, the Department of Homeland Security (DHS). This department’s most important responsibility is the protection of the nation and its citizens. Nevertheless, the DHS does not

1 Exec. Order No. 13228, 66 Fed. Reg. 196 (October 8, 2001). 2 Sect. 2, Exec. Order No. 13228, 66 Fed. Reg. 196 (October 8, 2001). 3 Sect. 5, Exec. Order No. 13228, 66 Fed. Reg. 196 (October 8, 2001).

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replace the Office of Homeland Security and the Homeland Security Council. Both agencies still advise the President and take up a coordinating role (Bush, 2002).

According to the proposal, the Department is structured into four sections: ‘border and transportation security’, ‘emergency preparedness and response’, ‘chemical, biological, radiological and nuclear countermeasures’ and ‘information analysis and infrastructure protection’. The first section ‘Border and Transportation Security’ is the main focus of this thesis’ analysis. The other sections will not be discussed (Bush, 2002).

The Department becomes responsible for securing the borders at the 350 official ports of entry. This is connected with the transportation system at the air- and seaports. It is created to control everyone and everything that enters the country and keep terrorists away while embracing and encouraging legitimate travel. This department becomes the only federal department in charge of all ports of entry. It also works together with other agencies and departments to ensure a coordinated and unified approach against illegal traffic and terrorism (Bush, 2002).

Besides, visa policies and procedures become a part of the DHS. The department shares information acquired through the application process with other agencies to make sure that people who form a threat cannot enter the U.S. (Bush, 2002).

The DHS is a department that incorporates multiple agencies that were concerned with homeland security in other departments. More specifically, it includes the U.S. Customs Service, the Immigration and Naturalization Service and Border Patrol, the Animal and Plant Health Inspection Service and the Transportation Security Administration. The U.S. Coast Guard is also a part of the department because it is in charge of, amongst others, securing the borders from the water. However, it still remains an independent military organization with the Commandant of the Coast Guard as its leader. It can also be shifted to the Department of Defense in times of war or when the President directs this (Bush, 2002).

On November 25 2002, the Homeland Security Act was passed by the Congress. The Department of Homeland Security became a Cabinet-level department as of March 1, 2003 (DHS, 2015a).

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14 2.2 Mission

The mission of the DHS at the time of the foundation of the department was to “prevent terrorist attacks within the United States, reduce America’s vulnerability to terrorism and minimize the damage and recover from attacks that do occur” (Bush, 2002, p.8). The current mission of the department has evolved in the years after 9/11. However, the core message of it remained the same: securing the Homeland against outside threats. Its mission statement reads as follows: “With honor and integrity, we will safeguard the American people, our homeland, and our values” (DHS, 2016a). Relentless resilience is the key concept in the department’s mission and like after the attacks, it wants to prevent similar attacks from happening again. Another part of the mission is to “respond decisively to natural and man-made disasters, and advance American prosperity and economic security long into the future” (DHS, 2019c, p.1).

The strategic plan of 2020 until 2024 of the DHS consists of six big goals: ‘counter terrorism and homeland security threats’, ‘secure U.S. borders and approaches’, ‘secure cyberspace and critical infrastructure’, ‘preserve and uphold the nation’s prosperity and economic security’, ‘strengthen preparedness and resilience’ and ‘champion the DHS workforce and strengthen the department’ (DHS, 2019c). Besides, the five guiding principles are also included in the plan. These are: ‘champion “relentless resilience” for all threats and hazards’, ‘reduce the nation’s risk to homeland security dangers’, ‘promote citizen engagement and strengthen and expand trusted partnerships’, ‘uphold privacy, transparency, civil rights, and civil liberties’ and ‘ensure mission-driven management and integration’ (DHS, 2019c). The DHS has three core values: integrity, vigilance and respect (DHS, 2019d).

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15 2.3 Strategic plan 2020-2024

One of the six goals of the strategic plan is the key theme of this analysis. Goal number two ‘secure U.S. borders and approaches’ is an important objective of the department because it is essential for the defense of the country. It is necessary to have control over who and what enters the country so that the national security is not jeopardized. The department is of the opinion that illegal immigrants who enter the U.S. and people who stay longer in the country than is allowed by their visas threaten the country’s security. They also form a danger to the public safety, take advantage of the social welfare programs and do not respect the legal procedures for immigrants. Therefore, an inclusive approach is carried out to secure the borders. It will stop foreigners who pose a threat from entering, enforce U.S. immigration laws and supervise immigration advantages (DHS, 2019c).

This goal is divided into four objectives who each have their own subobjectives and desired outcomes. However, all four objectives cannot be thought of as targets functioning alone. They are all intertwined and many overlap is present.

The first objective is ‘secure and manage air, land and maritime borders’. This objective is very important because it is what border security is mostly about. In the first place, it is essential to monitor and control the borders in order to keep unwanted (foreign) threats out the country. However, there are still numerous ways to enter the country without being noticed like smugglers and border tunnels (DHS, 2019c).

The department is reinforcing border security between ports of entry to fight the threats that come along every day. It will put up physical barriers like the border wall the Trump administration is working on, but also implement new technologies to detect people more easily who cross the borders illegally. Moreover, the DHS is developing its situational awareness in certain areas of expertise and on top of that more means will be made available like additional staff to stop and arrest illegal immigrants when they try to enter the U.S. (DHS, 2019c).

Many people try to enter the United States with false documents and try to mislead the agents at the borders with various tricks. It hinders officers from identifying and verifying the identities of international travelers when they arrive at the ports of entry or at preclearance locations. The department is carrying out different methods to identify and screen people

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correctly in order to prevent that known or suspected terrorists cross the borders and make their way into the U.S. (DHS, 2019c).

Nevertheless, the country does not only experience threats in the form of human beings, but also in the form of goods like narcotics and weapons. It is necessary for the safety of the American people that these threats are being intercepted at the borders, plus that criminals who are responsible for the illegal materials do not get into the country. That is why the DHS has personnel at the land, air and maritime borders. Besides, the department wants to avoid the emergence of black markets by lowering the supply of illegal substances and preventing human smuggling and trafficking (DHS, 2019c). This objective is translated into three sub-objectives and has the following desired outcome: “defend air, land, and maritime borders against illegal entry and illicit activities” (DHS, 2019c, p.19).

The second objective is about extending the reach of the U.S. border security. As already mentioned before, many elements can form a threat to the national security of the U.S. and in order to protect the national sovereignty the DHS wants to extend its reach by “using forward-deployed border security operations” (DHS, 2019 c, p.20). This includes cutter patrols by the officers of the U.S. Coast Guard and customs and immigration inspections. The department will do this in cooperation with other agencies across the globe, but also with other institutions and departments in the U.S. itself. It is an enormous advantage if passenger information is shared between different countries and departments in order to tackle terrorism and transnational crime together (DHS, 2019c). The department’s desired outcome for this objective is to “disrupt threats before they reach our territory by working with foreign partners in source and transit zones to disrupt illicit activities and travel pathways” (DHS, 2019c, p.21).

The second to last objective of the strategic plan is to enforce U.S. immigration laws. The immigration problem starts and ends with immigration laws and the disobedience of them. There are still large numbers of illegal aliens that live in the United States who entered the country unauthorized or overstayed their visas. Therefore, the DHS is opening investigations to people who acquire visas through non-official channels, stay longer in the U.S. than allowed and violate the terms that come with their lawful admission. For the identification, biographic and biometric information will be used at border screenings. Besides, the department will try to prevent that companies hire illegal immigrants over American workers by working together

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with other authorities and enforcing tactics (DHS, 2019c). The outcome that is aimed for is “enforce immigration laws throughout the United States in a manner that upholds the rule of law, American values, and national security” (DHS, 2019c, p.23).

The final objective is ‘administer immigration benefits to advance the security and prosperity of the nation’. The department states in the strategic plan that “the U.S. immigration system remains vulnerable to fraudulent claims for asylum and refugee status and exploitation of expedited travel programs” (DHS, 2019c, p.24). Also, workers from other countries are preferred instead of American employees for various reasons. Therefore, better screening of aliens looking for immigration benefits is necessary to prioritize American economic needs and protect the American people. President Trump drew up an executive order (No. 13788) that says to ‘Buy American and Hire American’ so that the American employees are better protected (DHS, 2019c). The desired outcome of the final objective of the second goal is to “facilitate lawful immigration while protecting American workers, including ensuring that no one exploits the U.S. immigration system or its benefits” (DHS, 2019c, p.25).

2.4 Organizational structure

The management of the DHS is divided into three different segments. The Office of the Secretary, seven support components and eight operational components. First of all, the Office of the Secretary is responsible for the coordination and supervision of the legal affairs, partnerships, public affairs, legislative affairs and operational requirements of the department (DHS, 2019c). The Secretary is the head of the department and currently, Chad F. Wolf is filling this position (DHS, 2020a). The organizational chart of the DHS is included in the attachments (figure 1).

Every top leader of the U.S. government is appointed by the president. This is called the spoils system. These top civil servants are chosen by the president and they remain in their positions for the duration of the legislature (unless the president chooses to replace them). The Senate always has to confirm the nominee of the president in a hearing (Matthijs, 2012).

The eight operational components are in charge of the operational tasks of the DHS. These are the U.S. Customs and Border Protection, Cybersecurity and Infrastructure Security Agency, Federal Emergency Management Agency, U.S. Immigration and Customs Enforcement, Transportation Security Administration, U.S. Citizenship and Immigration Services, U.S. Coast

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Guard and the U.S. Secret Service (DHS, 2019c). Only a few of these agencies are involved in the border security and will be further discussed below.

Finally, the department also has support components that develop directions on policy, research, training, management and intelligence. They also enable mission execution. The components are ‘Countering Weapons of Mass Destruction Office’, ‘Federal Law Enforcement Training Centers’, ‘Management Directorate’, ‘Office of Intelligence and Analysis’, ‘Office of Operations Coordination’, ‘Office of Strategy, Policy, and Plans’ and ‘Science and the Technology Directorate’ (DHS, 2019c). The daily tasks of the Department of Homeland Security are carried out by over 240,000 employees working in the various agencies and sectors the department is responsible for (DHS, 2019e).

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3. U.S. Customs and Border Protection

The third chapter of this master’s thesis concerns the U.S. Customs and Border Protection (CBP). The agency as it exists today is relatively new but some elements of it have a long history. Therefore, the history of the agency and its creation is described in this chapter. The guiding principles and strategic plan of the CBP are also part of this chapter. Next is the organizational structure which includes the leadership and other offices and the agency’s tasks. To end this chapter, an explanation of the Visa Waiver Program is provided.

3.1 History

The U.S. Customs and Border Protection (CBP) is a relatively young government agency. It operates under the supervision of the Department of Homeland Security. Before the establishment of the CBP, the authority was dispersed among several different institutions and departments. The part of the CBP that goes far back in time and is the oldest of the agency is the Customs Service. George Washington, the first President of the United States, formed the U.S. Customs Service (USCS) on July 31, 1789 with the fifth Act of the first Congress. On September 2, 1789 the Department of the Treasury was established and in 1790 the Secretary demanded the construction of ten customs revenue cutters. In 1799, the Customs Service got its own ensign and pennant that had to be present on all the revenue cutters of the agency to indicate the authority of the U.S. government. This flag was the first one in the history of the country designed for an agency of the federal government (CBP, n.d. a).

In 1853, the Treasury Secretary enabled the Customs Service to hire ‘customs mounted officers’ to patrol along the borders of the U.S. That is how the U.S. Customs Border Patrol originated. In 1922, after the first World War, the U.S. Customs Service Patrol started making use of aircraft that was seized from smugglers to implement aerial surveillance and enforcement. In 1932, it had multiple aircraft and it led to the creation of an unofficial Customs Patrol air group on the southern border of the country. On May 28, 1924, the U.S. Immigration Service Border Patrol is established under the supervision of the Department of Labor. On the 16th of April, 1927, an independent Bureau of Customs in the Department of the Treasury was created with Ernest Camp as its first Commissioner. Only a few days later on May 1, the Special Agency Service is no longer part of the Treasury Department but of the new Bureau and was renamed ‘the Customs Agency Service’. In May 1933, the agency started using cars to patrol the borders and therefore the title of the officers was changed from ‘Customs Mounted

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Inspector’ to ‘Customs Patrol Inspector’. In 1934, a big shift was made. From then on, all activities that made use of the aircraft were combined under the control of the Coast Guard. The Customs agency was still in charge of the detection and prevention of smuggling liquor and narcotics into the country along the coast and borders between the ports of entry. Nevertheless, some customs officers continued to use the aircraft without permission. Two years later, the Customs Border Patrol became part of the Customs Agency Service and four districts were created (CBP, n.d. a).

During World War II, the military and Coast Guard had the authority of the port security, but the Customs Service still served on the executional level. Three years after the end of the Second World War, the Customs Patrol Service was abolished. In 1951, the flag of the agency was replaced by a new one on which the Great Seal of the U.S. was displayed. Ten years later, President John F. Kennedy imposed the task of preventing aircraft hijacking to Border Patrol agents but a few months later, the Federal Aviation Administration (FAA) peace officers took over this assignment. In April 1973, the Bureau of Customs became the U.S. Customs Service (CBP, n.d. a).

The most known tragic event in the history of the U.S. is the September 11 attacks. Many organizational mistakes were made that led to the terrorists being able to hijack the planes. Because of this, border security became of higher importance.

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21 3.2 Creation

After 9/11, homeland security became a priority and border security suddenly received much more attention. With the reorganization of the involved federal agencies in one all-inclusive Department of Homeland Security, the approach to border security changed and it became a part of the new department. The Homeland Security Act (HSA)4, signed into law in 2002, rearranges, among others, the U.S. Customs Service and the Border Patrol. The act created a Directorate of Border and Transportation Security led by an Under Secretary.5 The Directorate is in charge of, among other things, preventing terrorists and their weapons from entering the U.S. and securing the borders and air- and waterways, while still ensuring a good and efficient flow of legal traffic and commerce.6

The act also transferred the U.S. Customs Service (USCS) from the Treasury Department to the Department of Homeland Security. The Under Secretary of Border and Transportation Security has the authority over the USCS. The head of the Customs Service is the Commissioner of Customs, appointed by the President, with approval of the Senate.7 The personnel that was already working at the agency before the transfer happened, cannot be replaced, plus the agency can hire extra employees.8 The border patrol program, among other immigration enforcement programs, was also assigned to the new department.9

The President had to submit a reorganization plan for the DHS not later than 60 days after the act was passed. He also modified this plan about two months after it was submitted (Jones & Rosenblum, 2013). The reorganization plan had to include the following elements: “(1) the transfer of agencies, personnel, assets and obligations to the Department, and (2) any consolidation, reorganization, or streamlining of agencies transferred to the Department”. From March 1, 2003 on, all of the agencies concerned would be a part of the DHS, including the U.S. Customs Service and the Coast Guard (The White House, 2002, p.5).

The modification of the reorganization plan included some important changes for the future of the agencies involved in border security. More specifically, the Bureau of Border Security

4 Homeland Security Act of 2002, P.L. 107–296, 116 Stat. 2135. (2002). 5 Sec. 401 of P.L. 107-296.

6 Sec. 402 of P.L. 107-296. 7 Sec. 411 of P.L. 107-296. 8 Sec. 412 of P.L. 107-296. 9 Sec. 441 of P.L. 107-296.

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was renamed the ‘Bureau of Immigration and Customs Enforcement’. Furthermore, the Customs Service received a new name ‘the Bureau of Customs and Border Protection’. It will carry out the tasks related to the borders and ports of entry of the Customs Service, the Immigration and Naturalization Service (INS), the Border Patrol and the agricultural inspections (The White House, 2003).

The head of the Bureau of CBP is the Commissioner of Customs and reports to the Under Secretary of Border and Transportation Security. The Commissioner is responsible for “establishing and overseeing the administration of the policies for performing the Border Patrol and inspection program functions” (The White House, 2003). Moreover, this person advises the Under Secretary for Border and Transportation Security concerning every policy or operation of the CBP that can have an impact on the Bureau of Citizenship and Immigration Services. Both bureaus still carry the same name today and it marks the birthday of the Customs and Border Protection agency (The White House, 2003).

The U.S. Customs and Border Protection (CBP) is the first agency that includes all actors in charge of border security and is focused on “maintaining the integrity of the nation’s boundaries and ports of entry” (CBP, 2019b). Before the bureau existed, various organizations and agencies were responsible for the security and facilitation of international travel and trade. The agency claims that due to the merger, it was able to form consistent security procedures and still guarantee the obedience of the immigration, health and international trade laws and regulations at the same time (CBP, 2019b).

3.3 Guiding principles

The U.S. Customs and Border Protection has its own mission, just like any other government agency. The mission statement of the agency is the following: “To safeguard America's borders thereby protecting the public from dangerous people and materials while enhancing the Nation's global economic competitiveness by enabling legitimate trade and travel” (CBP, 2019c). The CBP is striving to be the most important law enforcement agency in improving the safety, security and prosperity of the U.S. through collaboration, innovation and integration (CBP, 2019d).

Its core values are almost the same as the ones of the DHS: vigilance, integrity and service to the country. The agency is constantly careful and alert to notice and prevent threats to the

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country. It will also strive to serve with integrity at all times. Lastly, it respects and defends the U.S. Constitution and protects the liberty of the American people (CBP, 2019c). The core values of the CBP have remained the same since the agency was established. This appears from the different strategic plans of the fiscal years since 2005.

3.4 Strategic plan 2020-2025

Every five years, the CBP draws up a strategic plan with all of the goals it wants to reach during the next five years. For the years 2020 until 2025 it has three major goals: one focused on the mission, one on its team and one on the future. The first goal is directed at the mission and aims at protecting the American people and facilitate travel and trade. It includes six initiatives that have to contribute to achieve the strategy. The second goal is to build a competent and resilient team of employees with three main initiatives. The final goal is focused on the future because it wants to invest in technology and partnerships to deal with developing threats. This goal as well has three actions to complete the strategy (CBP, 2019c). All three goals will now be discussed more extensively.

3.4.1 Goal 1: Mission

The first strategic initiative of the first goal ‘mission’ is to carry out a counter-network approach against networks that pose a threat to the U.S. and that bring weapons, drugs et cetera across the borders. The CBP will work together with other agencies and international authorities to stop and dismantle these networks. It wants to act proactively and answer fast with an intelligence-driven response (CBP, 2019c).

The second sub goal is awareness and enforcement. The CBP wants to improve the sharing of information between themselves and other agencies to have a common approach. It also wants to develop its denial capabilities between ports of entry (POEs) and prosecute people when they disobey immigration and criminal legislation. Besides, new technology plays a big role in this initiative. They want to realize this objective with other government agencies and international partners (CBP, 2019c).

The next initiative is about trade. Trade is an important element for the U.S. economy. Therefore it is also essential to make sure that this happens in a safe and secure way and does not harm the country’s citizens. Here as well, partnerships and innovation in technologies play a big role in the identification of high-risk shipments (CBP, 2019c).

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Furthermore, the CBP wants to commit to the use of biometric identification of travelers entering the U.S. to enhance the verification of travelers and their documents. It will work together with other stakeholders like commercial carriers and is attempting to expand its use to other functions across the agency (CBP, 2019c).

Linked with the previous initiative, is the targeting and vetting of possible threats that travel to the U.S. The CBP wants to increase its knowledge about these people and make use of technology to standardize the vetting process. Plus, it wants to partner with other agencies and international actors to recognize threats to the country before they arrive (CBP, 2019c). The last action of the first goal is to improve the stakeholder experience for both individual people and businesses to make them feel safe when interacting with the CBP. Transparency is a key element in this process. To make the travel process as efficient as possible, new technologies will be used (CBP, 2019c).

3.4.2 Goal 2: team

The second goal only has three initiatives that have to help realize it. The first strategic action of this goal is to hire and maintain the most competent employees. Attracting many suitable candidates is not always easy which is why the hiring procedure will be shorter. Once hired, employees will receive support, training and chances to evolve (CBP, 2019c).

The second initiative is about physical and mental health. The employees of the CBP have to be resilient in order to realize the mission. Employees are under a lot of pressure and experience stress and depression. Members of the workforce will receive the care they need to be resilient and more emphasis is laid on their well-being (CBP, 2019c).

Finally, The agency applies the principle of ‘OneCBP’ which means that the employees have to work together to achieve the best results. This includes being a unified workforce to create a stronger organization. It is also important that all levels of the organization are included in the decision-making. Growth and progression are two key words in the professional development of the agency. Moreover, everything stands or falls with good communication across the organization (CBP, 2019c).

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3.4.3 Goal 3: future

The final goal of this strategic plan is to invest in technology and partnerships to deal with rising threats. The first initiative is about data and analytics. In order to be able to make informed and strategic decisions it is important to gather reliable data and make use of advanced analytics. A few examples of what can be improved by using this, are the optimization of the hiring process, better threat detection and more efficient usage of resources (CBP, 2019c).

Good and trustworthy IT-infrastructure is essential in the investment in technology. The CBP relies on technology in almost every aspect of the organization. In order to operate properly, it needs resilient, reliable and secure IT-infrastructure that adapts to evolution in technology and threats. The first step is to modernize the current infrastructure to be up-to-date. Then, next generation technologies will be used more often in all kinds of tasks. Moreover, end-user devices like tablets and smartphones will be provided. Finally, the network will be updated as well (CBP, 2019c).

The final strategic action is about establishing partnerships, both in the U.S. and internationally. Working together and having good partnerships with other agencies, countries, the U.S. Intelligence Community and so on, will contribute to securing the borders better and facilitate safe and efficient travel and trade (CBP, 2019c).

3.5 Organizational structure

Since 2003, the U.S. Customs and Border Protection has been an umbrella agency of multiple different organizations. The first agency that was transferred to the CBP was the U.S. Customs Service. As already mentioned before, this agency first belonged to the Department of the Treasury and now operates under the Department of Homeland Security as part of the CBP. The agency also includes many aspects from the former U.S. Immigration and Naturalization Service (INS). More specifically, the Immigration Inspections Program and the U.S. Border Patrol are now part of the CBP (CBP, 2015). The other tasks of the former INS are divided among the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Immigration and Customs Enforcement (ICE) since the implementation of the Homeland Security Act of 2002. Since 1940, the INS stood under the authority of the Department of Justice and split up in three different agencies under the DHS in 2003 (USCIS, 2012).

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Another service that became fractionally part of the CBP, is the Animal and Plant Health Inspection Service (APHIS). This service still functions under the control of the Department of Agriculture, but some tasks have been carried out under the eye of the CBP. This concerns the inspections and operations of the agricultural quarantine inspection (AQI) program at the POEs, the Beagle Brigade included (APHIS, n.d.).

In 2003, the Air and Marine Interdiction Division transferred from the U.S. Customs Service to the then Bureau of Immigration and Customs Enforcement (ICE) and was given the name ‘Office of Air and Marine Operations’. In 2004, the authority over the Air and Marine Operations was turned over to the CBP making it the fourth element the CBP is responsible for. A year later, the CBP combined the air resources of the Border Patrol and the Office of Air and Marine Operations into a common air force called ‘CBP Air’. In 2006, it added the marine to the force and it created the Office of Air and Marine. In 2015, the Office was officially renamed the Air and Marine Operations (AMO) (CBP, 2019). Finally, the CBP also works with the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) at the ports of entry (CBP, 2015).

The current organizational structure of the CBP consists of four main responsibilities: the U.S. Border Patrol, Air and Marine Operations, Trade and the Office of Field Operations. Besides, it includes two support offices: Operations Support and Enterprise Services (CBP, 2019e). The organizational chart of the CBP is included in the attachments (figure 2). The tasks of each office will be discussed further in a following section, but first the leadership.

3.5.1 Leadership and offices

The head of the U.S. Customs and Border Protection is the Acting Commissioner. At the moment, this position is taken by Mark A. Morgan. Morgan was appointed as the new Commissioner on July 5, 2019 after the previous head resigned (Alvarez & Sands, 2019). He is in charge of the largest law enforcement agency and one of the largest revenue-collecting sources in the federal government. He has 60,000 employees working under his command and manages a budget of over thirteen billion dollars. He also ensures an effective execution of the mission of the organization (CBP, 2020a).

The second highest leading position in the CBP is the Deputy Commissioner. This position is currently being executed by Robert E. Perez. Together with the Commissioner, the Deputy has

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to guarantee that the organization executes the mission effectively in partnership with other stakeholders. According to the CBP, Perez is also in charge of securing and facilitating legitimate global trade and travel, keeping illegal drugs and illegal aliens from crossing our borders and protecting our Nation’s food supply and agriculture industry from pests and diseases (CBP, 2020a).

Each responsibility has its own Executive Assistant Commissioner’s (EAC) Office. The Executive Assistant Commissioner for the Air and Marine Operations is Edward E. Young. This office fights against security threats by using the aviation and maritime law enforcement expertise, innovative skills and partnerships at the border and beyond (CBP, 2019e).

Second, Todd C. Owen is in charge of the Office of Field Operations. This is the biggest unit in the CBP and is responsible for the border security and all of its facets while promoting legal travel and trade at the POEs. The Executive Assistant Commissioner of this Office supervises the operations of twenty big field offices, 328 ports of entry and 70 locations in more than 40 countries. He is the head of more than 28,000 employees and has an operating budget of 5.2 billion dollars. Thus, this position and office can be considered as important within the CBP (CBP, 2019e).

Furthermore, the U.S. Border Patrol has a Chief instead of an Executive Assistant Commissioner, but the rank is the same. Currently, this position is being executed by Carla L. Provost. The Border Patrol is responsible to keep terrorists and their weapons from entering the country between CBP ports of entry. This unit has more than 21,000 employees and an operating budget of 1.4 billion dollars (CBP, 2019e).

Next, the EAC Office of Trade is headed by Brenda B. Smith. Provost and Smith are the only two female heads among the other Executive Assistant Commissioners. The Office of Trade draws up the trade policy, does the program development and carries out the compliance measurement functions of the CBP (CBP, 2019e).

The two supporting offices are headed by an Executive Assistant Commissioner as well. For the Enterprise Services this position is taken by Benjamine Huffman and for the Operations Support William A. Ferrara. The Enterprise Services has to improve and increase collaboration between different CBP entities. It carries out support tasks for the CBP employees like, for

Afbeelding

Table 2: DHS total budget authority
Table 3: Estimation of total workforce of CBP, ICE, USCG and TSA
Figure 1: DHS organizational chart
Figure 2: CBP organizational chart
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