U.S. Border Patrol Policy: Body Cameras and Strategy Reform

Introduction to CBP and Its Mission

Border Patrol protects the United States from potential terrorist activities, smuggling, trafficking, and illegal migration along the border. The operations and resource base built over the last twenty years has enabled U.S. Border Patrol to focus on the development and implementation of various strategic plans based on identifying high-risk areas and crafting targeted responses to meet such threats. This proposal examines Border Patrol policy, past implementation, and ways to develop better practices and better outcomes by identifying what has worked in the past and what is needed in the present.

Border Patrol is an intelligence-driven, risk-based law enforcement organization and is part of a much broader shift within the U.S. government's approach to homeland and border security. After the terrorist attacks of September 11, 2001, that tragedy spurred a fundamental rethinking of cross-border movements and border security. Thanks to the actions of U.S. Customs and Border Protection (CBP) and other agencies, the Southwest Border remains more secure than in past years. Collaboration, new strategies, and sound practices will continue to ensure progress in securing the nation's borders.

CBP — U.S. Customs and Border Protection — is the largest federal law enforcement agency within the U.S. Department of Homeland Security. The agency is charged with the regulation and facilitation of international trade, the enforcement of U.S. regulations (including immigration, trade, and customs), and the collection of import duties. With a workforce of over 45,600 sworn federal officers and agents, its headquarters resides in Washington, D.C. The primary purpose of CBP is to apprehend individuals attempting to enter the United States illegally and to prevent terrorist weapons and terrorists from crossing U.S. borders.

When individuals cross the borders, they often smuggle people, weapons, illegal drugs, and other types of contraband. It is the responsibility of CBP to enforce rules and regulations intended to safeguard Americans from diseases, harmful pests, criminals, and intellectual property theft. Aside from the 46,000 sworn officials and agents, there are 12,000 additional employees working as aircraft pilots, agriculture specialists, trade specialists, canine enforcement agents and officers, and mission support staff. The enforcement powers of CBP are varied and include authority to search and confiscate inbound and outbound shipments, arrest those presenting false information to a customs officer, and detain suspected criminals or illegal migrants.

Problem Statement: Violence, Accountability, and Enforcement

Due to CBP's critical importance to the protection of the United States and its borders, the agency receives a budget of over $13.5 billion. A portion of this budget can be directed toward developing a new program that would require Border Patrol agents to wear body cameras in order to provide supervision of their actions — particularly in encounters with illegal immigrants. Another important aspect involves applying past data on successful strategy development and implementation to make proven practices standard, thereby increasing the effectiveness of CBP enforcement.

Border Patrol agents have at times acted violently toward illegal migrants they have encountered, and some shootings of undocumented individuals have gone unreported, along with other potentially criminal activities. Body cameras would allow adequate supervision of agent activities. In addition, practices must be standardized and grounded in evidence from effective past instances of implementation and strategy development. This approach will allow for better use of funding and higher rates of successful protection of American borders.

Literature Review: Evidence-Based Border Security Research

Violence and heightened enforcement have created a rebound effect, reducing the overall effectiveness of Border Patrol. As a 2014 article suggests, when states enact measures that allow for more violence during border patrol service, the effect spreads to other states. "Noteworthy is how the adoption of more stringent interior enforcement seems to result in a 'herding' or 'ganging-up' effect, whereby the incidence of verbal and physical abuse rises with the number of states enacting such measures" (Amuedo-Dorantes & Pozo, 2014, p. 2255). Additionally, estimates derived from collected data suggest that deportees subjected to such tactics are more likely to report that they have jeopardized their lives in order to cross into the United States as a result of enhanced border enforcement. Such desperation not only generates higher levels of criminal activity in countries like Mexico — where people hire border-crossing specialists — but also increases the chances of illegal immigrants going to any length to cross the border.

If Border Patrol agents are equipped with body cameras, there will be fewer incidents of violence. Greenberg suggests tiering Border Patrol agents to reduce violent apprehensions and allow for better control of the border. "The primary purpose for tier two auxiliary members would be to improve the effectiveness of the Border Patrol by increasing the number of agents along the border beyond the congressionally restricted number of 18,000 Border Patrol agents" (Greenberg, 2014, p. 164). Additional suggestions include a training program for tier-one BPA members requiring a minimum of twelve hours monthly to maintain proficiency in auxiliary member functional areas. Tier-two auxiliary members would serve as elite members, fully trained to support Border Patrol agents across all aspects of standard border security operations. The additional training and support can provide the protection border areas need without sacrificing human rights.

Research also highlights areas where Border Patrol agents encounter the most drug trafficking and unauthorized crossings. "Tucson Sector of the U.S. Border Patrol [is] the busiest sector for alien and drug trafficking along the Southwest land border with Mexico" (Levine & Waters, 2012, p. 1281). By using research that identifies areas of heavy traffic, Border Patrol can increase personnel in certain regions while reducing presence in others. This is a cost-efficient method that allows any excess funds to be directed toward body camera purchases.

The United States government has resisted the idea of equipping Border Patrol agents and officials with body cameras. However, research documents an increase in illegal migrant deaths caused by severe enforcement of border policy. "Evidence suggests that border crossings have become more hazardous since the 'Prevention through Deterrence' policy went into effect in 1995, resulting in an increase in illegal migrant deaths along the southwest border" (Haddal, 2011, p. 26). While it is important to prevent illegal entry, it is equally important to avoid unnecessary deaths resulting from increased violence. Violent and severe approaches to border patrol have little measurable effect on crossings; illegal immigrants will still attempt to cross regardless of how stringent enforcement is along territorial lines.

Checkpoints in key areas can accomplish more than violent enforcement of border policy. "The Border Patrol finalized three placement decisions for new permanent checkpoints in the last 3 years in accordance with its Design Guide and policy documents" (Stanna, 2010, p. 40). The checkpoints discussed are all within the state of Texas, placed on U.S. Route 83, U.S. Route 62/180, and Interstate 35. These locations were selected to maximize operational effectiveness and reduce any potential adverse impact on surrounding communities and the public.

According to guidelines, checkpoints must be placed in areas that offer good visibility of the adjacent region. Furthermore, checkpoint sites are selected based on proximity to residences, schools, hospitals, businesses, and other inhabited locations. Positioning checkpoints in areas that have experienced increased traffic provides Border Patrol agents with better target areas, improving the deterrence and prevention of illegal crossings and criminal activities. Alongside established checkpoints, checkpoint operations programs can also support effective border patrol processes. "Border Patrol Checkpoint Operations is a program that conducts traffic checks at certain points between ports of entry along the border, located within about one hundred miles of the border" (Shaw-Taylor, 2012, p. 5).

These activities assist in reducing smuggling and involve the use of VACIS — the Vehicle and Cargo Inspection System — a nonintrusive inspection mechanism. When concealed explosives or weapons are suspected, canine enforcement teams deploy highly trained detector dogs to identify such items. In emergencies, these dogs can also perform rescue missions. In terms of data identification, the U.S. government enacted the Automated Targeting System to examine bill of lading and manifest data, helping to screen incoming threats.

Research-based practices enable the creation of effective strategies. "Some Border Patrol stations and land management agencies have coordinated their responsibilities through use of the national-level memorandum of understanding" (Publishing, 2016, p. 20). Land managers and Border Patrol units in Arizona use such memoranda to develop strategies for interdicting undocumented aliens closer to the border. This framework also helps local agencies and land managers work together, coordinating their efforts to avoid the progressive problems that often plague border areas. By increasing support in both Border Patrol personnel and operations in key areas, resources can be divided and adjusted accordingly.

A 2015 study found that Border Patrol officers specifically assigned to prevent unauthorized migration significantly reduce the migrant population of certain states. "We find that 1,000 additional Border Patrol officers assigned to prevent unauthorized migrants from entering a U.S. state decreases that state's share of Mexican immigrants by 21.9%" (Bohn & Pugatch, 2015, p. 1543). The estimates suggest that without modification of border enforcement from 1994 to 2011, the number of Mexican immigrants living in Texas and California would each be approximately 8% higher, with other areas largely unchanged or lower. These findings support focusing Border Patrol efforts in states such as Texas, Arizona, and California, where increased officer presence demonstrably decreases unauthorized immigrant populations.

The following objectives are proposed for improving CBP operations:

1. Reduction of complaints and allegations, deterrence of frivolous complaints, and minimization of the probability of use-of-force occurrences.
2. Improvement of Border Patrol agent effectiveness and creation of strategies for efficient use of the CBP budget.
3. Augmenting training capabilities in criminal cases to increase the likelihood of obtaining successful prosecutions for those who violate the law.
4. Contribution of a "civilizing effect" on interactions between civilians, illegal migrants, and law enforcement through reduction of hostilities among all parties.
5. Strengthening of agent and officer accountability and performance.

Conclusion

Border Patrol and CBP need to improve their overall operations. There are too many unreported deaths and human rights violations that can be reduced through the inclusion of body cameras. Research also provides a wealth of information on evidence-based practices that can improve the efficacy of border patrol operations. Data can reveal ideal checkpoint locations and methods to reduce trafficking across American borders. Additional training will provide support to Border Patrol agents and officers and foster a more civil environment for both agents and the civilians and migrants they encounter.