• 100-MILE BORDER ENFORCEMENT ZONE

    The U.S. #Customs_and_Border_Protection (#CBP), which includes the Border Patrol, is the largest law enforcement agency in the country. Their jurisdiction they claim spans 100 miles into the interior of the United States from any land or maritime border. Two-thirds of the U.S. population lives within this 100-mile border enforcement zone, including cities like Washington D.C., San Francisco CA, Chicago IL, New Orleans LA, Boston MA, & more.

    Because these are considered border cities, federal border and immigration agents assert the power to board public transportation or set up interior checkpoints and stop, interrogate and search children on their way to school, parents on their way to work, and families going to doctor’s appointments or the grocery store — all done without a warrant or reasonable suspicion.

    How can CBP agents do this? Unlike other federal agencies, CBP officers are uniquely granted extraordinary and unprecedented powers. These extraordinary powers state that officers are able to racially profile, stop, frisk, detain, interrogate, and arrest anyone without a warrant or reasonable suspicion. The Fourth Amendment is intended to protect all people against unreasonable searches and seizures. Every other federal law enforcement agency, except CBP, requires either a warrant or “reasonable grounds” for an officer to act without a warrant.

    Border regions are often treated as zones of exception for human rights and civil rights, laying the foundation for abuse not just along our nation’s borders but across the country. That should never be the case. In these zones, border authorities assert excessive power, beyond the power of other law enforcement agencies, which leads to harassment, abuse, racial profiling and intimidation of border residents and travelers. In February 2020, Trump announced CBP employees would be granted immunity from Freedom of Information Act (FOIA) requests, and a few days later he announced he would be sending BORTAC units, the elite tactical units of Border Patrol, across the United States to major cities like New York, Chicago, and most likely many other major cities, to assist in door-to-door ICE raids and terrorizing communities of color. Most recently, BORTAC units & CBP resources were being used across the country to surveil & quell Black Lives Matter protests. Almost all of those major cities reside within the 100 mile border enforcement zone where border patrol operates with impunity. If human rights are to mean something, they must be fully protected in border communities, without exception.

    The results have been deadly.

    We must end the decades of enforcement-only policies that have erased our rights and have resulted in death & damage across our border communities. It is time to reimagine what border communities should look like, and what border governance could look like.

    That is why the Southern Border Communities Coalition calls on Congress to adopt a New Border Vision that expands public safety, protects human rights, and welcomes people at our borders in a manner consistent with our national values and global best practices.

    Part of a New Border Vision would be to establish a “reasonable grounds” standard in the statute governing the Department of Homeland Security, specifically sections (a)(1) and (a)(3) of 8 USC 1357, which would strengthen our protections against unreasonable interrogation, searches, and entry onto private property.

    Cities are beginning to take action to protect their communities from inhumane & immoral border policies that impact everyone. By supporting a New Border Vision, they are taking the first step in envisioning a future that is welcoming, safe & humane for all!

    https://www.southernborder.org/100_mile_border_enforcement_zone
    #frontières #contrôles_frontaliers #asile #migrations #réfugiés #USA #Etats-Unis #villes #zones_frontières #zones_frontalières #zone_frontalière #bande_frontalière #frontières_mobiles

    –---
    ajouté à la métaliste autour de la création de zones frontalières (au lieu de lignes de frontière) en vue de refoulements ou autres pratiques de contrôles migratoires :
    https://seenthis.net/messages/795053

    ping @karine4

    • La France a aussi créé une « zone frontière » (on va dire…) dans laquelle les contrôles d’identité peuvent être effectués sans qu’il y ait nécessité d’une motivation quelconque (motivations au demeurant très, très larges… cf. la partie de l’article cité ci-dessous qui précède la citation).

      Je ne sais pas si elle a été cartographiée dans tous ses recoins, parce que ça me semble particulièrement coton vu la définition de ladite zone (en vigueur depuis le 01/03/2019) :

      Dans une zone comprise entre la frontière terrestre de la France avec les Etats parties à la convention signée à Schengen le 19 juin 1990 et une ligne tracée à 20 kilomètres en deçà,

      ainsi que dans les zones accessibles au public des ports, aéroports et gares ferroviaires ou routières ouverts au trafic international et désignés par arrêté et aux abords de ces gares, pour la prévention et la recherche des infractions liées à la criminalité transfrontalière, l’identité de toute personne peut également être contrôlée, selon les modalités prévues au premier alinéa, en vue de vérifier le respect des obligations de détention, de port et de présentation des titres et documents prévues par la loi.

      Lorsque ce contrôle a lieu à bord d’un train effectuant une liaison internationale, il peut être opéré sur la portion du trajet entre la frontière et le premier arrêt qui se situe au-delà des vingt kilomètres de la frontière. Toutefois, sur celles des lignes ferroviaires effectuant une liaison internationale et présentant des caractéristiques particulières de desserte, le contrôle peut également être opéré entre cet arrêt et un arrêt situé dans la limite des cinquante kilomètres suivants. Ces lignes et ces arrêts sont désignés par arrêté ministériel.

      Lorsqu’il existe une section autoroutière démarrant dans la zone mentionnée à la première phrase du présent alinéa et que le premier péage autoroutier se situe au-delà de la ligne des 20 kilomètres, le contrôle peut en outre avoir lieu jusqu’à ce premier péage sur les aires de stationnement ainsi que sur le lieu de ce péage et les aires de stationnement attenantes. Les péages concernés par cette disposition sont désignés par arrêté.

      Le fait que le contrôle d’identité révèle une infraction autre que celle de non-respect des obligations susvisées ne constitue pas une cause de nullité des procédures incidentes. Pour l’application du présent alinéa, le contrôle des obligations de détention, de port et de présentation des titres et documents prévus par la loi ne peut être pratiqué que pour une durée n’excédant pas douze heures consécutives dans un même lieu et ne peut consister en un contrôle systématique des personnes présentes ou circulant dans les zones ou lieux mentionnés au même alinéa.

      Dans un rayon maximal de dix kilomètres autour des ports et aéroports constituant des points de passage frontaliers au sens de l’article 2 du règlement (UE) 2016/399 du Parlement européen et du Conseil du 9 mars 2016 concernant un code de l’Union relatif au régime de franchissement des frontières par les personnes (code frontières Schengen), désignés par arrêté en raison de l’importance de leur fréquentation et de leur vulnérabilité, l’identité de toute personne peut être contrôlée, pour la recherche et la prévention des infractions liées à la criminalité transfrontalière, selon les modalités prévues au premier alinéa du présent article, en vue de vérifier le respect des obligations de détention, de port et de présentation des titres et documents prévus par la loi. L’arrêté mentionné à la première phrase du présent alinéa fixe le rayon autour du point de passage frontalier dans la limite duquel les contrôles peuvent être effectués. Lorsqu’il existe une section autoroutière commençant dans la zone mentionnée à la même première phrase et que le premier péage autoroutier se situe au-delà des limites de cette zone, le contrôle peut en outre avoir lieu jusqu’à ce premier péage sur les aires de stationnement ainsi que sur le lieu de ce péage et les aires de stationnement attenantes. Les péages concernés par cette disposition sont désignés par arrêté. Le fait que le contrôle d’identité révèle une infraction autre que celle de non-respect des obligations susmentionnées ne constitue pas une cause de nullité des procédures incidentes. Pour l’application du présent alinéa, le contrôle des obligations de détention, de port et de présentation des titres et documents prévus par la loi ne peut être pratiqué que pour une durée n’excédant pas douze heures consécutives dans un même lieu et ne peut consister en un contrôle systématique des personnes présentes ou circulant dans les zones mentionnées au présent alinéa.

      https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006071154/LEGISCTA000006151880/2019-03-01?etatArticle=VIGUEUR&etatTexte=VIGUEUR&isAdvancedResult=tr

      (suivent les dispositions particulières pour l’Outre-Mer…)

      (le gras et les sauts de ligne sont de ma main)

      pour les arrêtés – et donc les listes détaillées des zones concernées – c’est là (et c’est long…)

      • ports, aéroports et gares ferroviaires
      https://www.legifrance.gouv.fr/loda/id/LEGIARTI000025578312/#LEGIARTI000025578312

      • ports points de passage frontalier et péages
      https://www.legifrance.gouv.fr/jorf/id/JORFARTI000037884862#JORFARTI000037884862

    • et tant d’autres @simplicissimus :
      https://seenthis.net/messages/795053

      Et pour la France, en effet, je me suis toujours demandée comment ils calculaient réellement sur le terrain ces fameux 10 km (les 10 km supplémentaires que la France a mis en place en 2017 :
      « Le 30 octobre 2017 une nouvelle loi ajoute une zone de 10 kilomètres autour de chaque poste-frontière et gares internationales où la police peut procéder à des contrôles d’identité » (https://www.editions-legislatives.fr/actualite/la-loi-renforcant-la-lutte-contre-le-terrorisme-etend-a-nouvea)

      https://www.borderforensics.org/fr/investigations/blessing-investigation

    • l’ajout de 2017 correspond au deuxième alinéa (hors mes sauts de ligne) de l’arrêté ci-dessus (c’est la version en vigueur actuellement) (Dans un rayon maximal de 10 kilomètres…)

      ça peut fournir un petit (!) boulot de carto à proposer à un étudiant comme sujet de mémoire ou un TP de synthèse sur l’emploi d’ArcGIS mobilisant un bon paquet de couches distinctes (frontières, emprises portuaires, réseaux viaire et ferroviaire, j’en oublie forcément… p. ex. emprises autoroutières pour les péages et les parkings attenants…) et de calculs propres aux SIG (distance à un point, à une limite, …)

    • Pour les 20 km, c’est les 20km qui valent pour tous les pays Schengen...

      Et oui... ça serait super un petit travail de carto par un·e étudiant·e ou toute autre personne de bonne volonté :-)

    • You may have seen this map of the 100-mile border zone making the rounds recently. Did you ever wonder why they chose 100 miles? There must be a good reason for it, right? Well, actually no. Here’s a short thread 🧵on it ...

      The Border Patrol was established two days after the eugenics-derived national origins quotas in the 1924 Johnson-Reed Immigration Act was signed, in order to enforce the new restrictions 2/9

      The original authorization for the Border Patrol was meant to keep the agents at the border line itself. Senator David Reed explained: “They have no right to go into the interior city and pick up aliens on the street and arrest them” 3/9

      Nevertheless, the agents did go into the interior. In 1930 Treasury Undersecretary Ogden Mills proposed a new law to stop it “you will not have a Border Patrol operating 20 miles inside the United States. You will have a border patrol where it belongs, and that is on the border”

      Mills’ and other efforts to rein in the Border Patrol failed in the 1930s. In 1946, Congress revised the Border Patrol’s authorization and clarified (kind of) how far inside the US they could go: “within a reasonable distance from any external boundary of the United States” 5/9

      At the time, the Border Patrol was part of the Department of Justice. In July 1947, the DoJ released a routine update to its policies in the Federal Register. In tiny print on p. 5071, they defined the term reasonable distance ... 6/9

      Without public comment or consultation, the Department of Justice defined the reasonable distance for the Border Patrol as “a distance not exceeding 100 air miles from any external boundary of the United States” 7/9

      And... that’s it. Since 1947, the reasonable distance has remained unchanged at 100 miles from borders and coastlines. If DHS Secretary Mayorkas wanted to change it, he could do so immediately himself 8/9

      I tell the history of the Border Patrol from their racist Wild West origins to their assault on the 4th Amendment in my new book Nobody is Protected: How the Border Patrol Became the Most Dangerous Police Force in the United States @CounterpointLLC
      9/9


      https://www.counterpointpress.com/dd-product/nobody-is-protected

      https://twitter.com/ReeceJonesUH/status/1535362380510531584

  • #Biden and the Border Security-Industrial Complex

    Successive administrations have poured money into the business of militarizing immigration control—and lobbyists have returned the favors. Will this president stop the juggernaut?

    There are many ways I wish I’d spent my last days of freedom before the coronavirus’s inexorable and deadly advance through the US began last year, but attending the 2020 Border Security Expo was not one of them. On March 9, 2020, President Trump told us the flu was more deadly than coronavirus and that nothing would be shut down. “Think about that!” he tweeted. On March 13, he declared the pandemic a national emergency. In the days between, I flew to San Antonio, Texas, to attend the Expo in an attempt to better understand the border security industry and its links to government. I soon found myself squeezing through dozens of suited men with buzz cuts clapping each other on the back and scarfing bagels at the catering table, with scant mention of the coming catastrophe.

    Instead, the focus was on how best to spend the ever-increasing budgets of the Customs and Border Protection agency (CBP) and Immigration and Customs Enforcement (ICE), which had discretionary spending allocations that totaled $27 billion. Together, that was up 20 percent on the previous year’s budgets; and for decades now, under Democrats and Republicans alike, the border security industry has generally received more and more money each year. For the first time in years, the agencies’ latest combined budget records a modest reduction, of $1.5 billion (though the expenditure on ICE continues to grow unchecked).

    President Biden is working to undo some of the most violent anti-immigrant policies of his predecessor, including lifting the travel ban on thirteen nations, almost all in the Middle East or Africa, and working to end the Migrant Protection Protocols, which forced some 25,000 asylum seekers to stay in Mexico as they awaited their day in court. He has also created a task force to reunite families separated at the US–Mexico border and has already sent a comprehensive immigration reform bill to lawmakers. And he has halted construction of Donald Trump’s notorious border wall.

    Does this all signify that he is ready to consider taming the vast militarized machine that is the border security industry? Or will he, like Democratic presidents before him, quietly continue to expand it?

    (#paywall)

    https://www.nybooks.com/daily/2021/03/02/biden-and-the-border-security-industrial-complex

    #USA #complexe_militaro-industriel #Etats-Unis #migrations #frontières #contrôles_frontaliers #business #réfugiés #migrations #militarisation_des_frontières #Joe_Biden #Customs_and_Border_Protection_agency (#CBP) #Immigration_and_Customs_Enforcement (#ICE)

    • Biden’s Border. The industry, the Democrats and the 2020 elections

      This briefing profiles the leading US border security contractors, their related financial campaign contributions during the 2020 elections, and how they have shaped a bipartisan approach in favor of border militarization for more than three decades. It suggests that a real change in border and immigration policies will require the Democrats to break with the industry that helps finance them.

      Key findings:

      – Early into his presidency, Joe Biden has already indicated through 10 executive orders that he wants to end the brutality associated with Trump’s border and immigration policies. However undoing all the harmful dimensions of the US border regime will require substantial structural change and an end to the close ties between the Democrats and the border industry.

      - The border security and immigration detention industry has boomed in the last decades thanks to constant increases in government spending by both parties—Democrats and Republicans. Between 2008 and 2020, CBP and ICE issued 105,997 contracts worth $55.1 billion to private corporations.The industry is now deeply embedded in US government bodies and decision-making, with close financial ties to strategic politicians.

      – 13 companies play a pivotal role in the US border industry: #CoreCivic, #Deloitte, #Elbit_Systems, #GEO_Group, #General_Atomics, #General_Dynamics, #G4S, #IBM, #Leidos, #Lockheed_Martin, #L3Harris, #Northrop_Grumman, and #Palantir. Some of the firms also provide other services and products to the US government, but border and detention contracts have been a consistently growing part of all of their portfolios.

      - These top border contractors through individual donations and their #Political_Action_Committees (PACs) gave more than $40 million during the 2020 electoral cycle to the two parties ($40,333,427). Democrats overall received more contributions from the big border contractors than the Republicans (55 percent versus 45 percent). This is a swing back to the Democrats, as over the last 10 years contributions from 11 of the 13 companies have favored Republicans. It suggests an intention by the border industry to hedge their political bets and ensure that border security policies are not rolled back to the detriment of future profits.

      – The 13 border security companies’ executives and top employees contributed three times more to Joe Biden ($5,364,994) than to Donald Trump ($1,730,435).

      - A few border security companies show preferences towards one political party. Detention-related companies, in particular CoreCivic, G4S and GEO Group, strongly favor Republicans along with military contractors Elbit Systems and General Atomics, while auditing and IT companies Deloitte, IBM and Palantir overwhelmingly favor the Democrats.

      – The 13 companies have contributed $10 million ($9,674,911) in the 2020 electoral cycle to members of strategic legislative committees that design and fund border security policies: the House and Senate Appropriations Committees and the House Homeland Security Committee. The biggest contributors are Deloitte, General Dynamics, L3Harris, Leidos, Lockheed Martin and Northrop Grumman, and nearly all donate substantially to both parties, with a preference for Republican candidates. Democrat Senator Jack Reed ($426,413), Republican Congresswoman Kay Granger ($442,406) and Republican Senator Richard Shelby ($430,150) all received more than $400,000 in 2020.

      – Biden is opposed to the wall-building of Trump, but has along with many Democrats voiced public support for a more hidden ‘virtual wall’ and ‘smart borders’, deploying surveillance technologies that will be both more lucrative for the industry and more hidden in terms of the abuses they perpetrate.

      - Department of Homeland Security Secretary, Alejandro Mayorkas developed and implemented DACA under Obama’s administration, but also as a lawyer with the firm WilmerHale between 2018 and 2020 earned $3.3 million representing companies including border contractors Northrop Grumman and Leidos.

      - Over the last 40 years, Biden has a mixed voting record on border policy, showing some support for immigrant rights on several occasions but also approving legislation (the 1996 Illegal Immigration and Immigration Reform Act) that enabled the mass deportations under Obama, and the 2006 Secure Fence Act, which extended the wall long before Trump’s election.

      – The Democrat Party as a whole also has a mixed record. Under President Bill Clinton, the Democrats approved the 1994 Prevention through Deterrence national border strategy and implemented the 1996 Illegal Immigration Reform and Immigration Responsibility Act that dramatically increased the pace of border militarization as well as deportations. Later Obama became the first president to deport nearly 3 million people during his eight-year term.

      – Nearly 8,000 bodies have been recovered in the U.S.–Mexico borderlands between 1998 and 2019 as a result of policies by both parties. The organization No More Deaths has estimated that three to ten times as many people may have died or disappeared since today’s border-enforcement strategy was implemented. The border industrial complex’s profits are based on border and immmigration policies that have deadly consequences.

      https://www.tni.org/en/bidensborder

      #rapport #TNI #murs #barrières_frontalières #démocrates #républicains #industrie_frontalière #smart_borders #murs_virtuels #technologie #morts #décès #mortalité

  • #CBP terminates controversial $297 million #Accenture contract amid continued staffing struggles

    #Customs_and_Border_Protection on Thursday ended its controversial $297 million hiring contract with Accenture, according to two senior DHS officials and an Accenture representative.
    As of December, when CBP terminated part of its contract, the company had only completed processing 58 applicants and only 22 had made it onto the payroll about a year after the company was hired.
    At the time, the 3,500 applicants that remained in the Accenture hiring pipeline were transferred to CBP’s own hiring center to complete the process.

    CBP cut ties with Accenture on processing applicants a few months ago, it retained some services, including marketing, advertising and applicant support.
    This week, the entire contract was terminated for “convenience,” government speak for agreeing to part ways without placing blame on Accenture.
    While government hiring is “slow and onerous, it’s also part of being in the government” and that’s “something we have to accept and deal with as we go forward,” said one of the officials.
    For its efforts, CBP paid Accenture around $19 million in start-up costs, and around $2 million for 58 people who got job offers, according to the officials.
    Over the last couple of months, CBP explored how to modify the contract, but ultimately decided to completely stop work and return any remaining funds to taxpayers.
    But it’s unclear how much money, if any, that will be.

    In addition, to the funds already paid to Accenture, CBP has around $39 million left to “settle and close the books” with the company, an amount which has yet to be determined.
    In November 2017, CBP awarded Accenture the contract to help meet the hiring demands of an executive order on border security that President Donald Trump signed during his first week in office. The administration directed CBP to hire an additional 7,500 agents and officers on top of its current hiring goals.
    “We were in a situation where we needed to try something new” and “break the cycle of going backwards,” said a DHS official about why the agency started the contract.

    Meanwhile, hiring remains difficult for the agency amid a surge of migrants at the southern border that is stretching CBP resources thin.
    It “continues to be a very challenging environment,” said one official about hiring efforts this year.

    In fact, one of the reasons that CBP didn’t need Accenture to process applicants, is because the agency didn’t receive as many applications as it initially planned for.
    The agency has been focused on beating attrition and has been able to recently “beat it by a modest amount,” said the official. “Ultimately we would like to beat it by a heck of a lot, but we’re not there yet.”

    https://edition.cnn.com/2019/04/05/politics/cbp-terminate-hiring-contract-accenture/index.html
    #frontières #contrôles_frontaliers #USA #Ests-Unis #complexe_militaro-industriel #business

    • Border Profiteers

      On a recent sunny spring afternoon in Texas, a couple hundred Border Patrol agents, Homeland Security officials, and salespeople from a wide array of defense and security contractors gathered at the Bandera Gun Club about an hour northwest of San Antonio to eat barbecue and shoot each other’s guns. The techies wore flip-flops; the veterans wore combat boots. Everyone had a good time. They were letting loose, having spent the last forty-eight hours cooped up in suits and ties back at San Antonio’s Henry B. Gonzalez convention center, mingling and schmoozing, hawking their wares, and listening to immigration officials rail about how those serving in enforcement agencies are not, under any circumstances, Nazis.

      These profiteers and bureaucrats of the immigration-industrial complex were fresh from the 2019 #Border_Security_Expo —essentially a trade show for state violence, where law enforcement officers and weapons manufacturers gather, per the Expo’s marketing materials, to “identify and address new and emerging border challenges and opportunities through technology, partnership, and innovation.” The previous two days of panels, speeches, and presentations had been informative, a major in the Argentine Special Forces told me at the gun range, but boring. He was glad to be outside, where handguns popped and automatic rifles spat around us. I emptied a pistol into a target while a man in a Three Percenter militia baseball hat told me that I was a “natural-born killer.” A drone buzzed overhead until, in a demonstration of a company’s new anti-drone technology, a device that looked like a rocket launcher and fired a sort of exploding net took it down. “This is music to me,” the Argentine major said.

      Perhaps it’s not surprising the Border Security Expo attendees were so eager to blow off steam. This year’s event found many of them in a defensive posture, given the waves of bad press they’d endured since President Trump’s inauguration, and especially since the disastrous implementation of his family separation policy, officially announced by former Attorney General Jeff Sessions in April of 2018, before being rescinded by Trump two-and-a-half months later. Throughout the Expo, in public events and in background roundtable conversations with reporters, officials from the various component parts of the Department of Homeland Security rolled out a series of carefully rehearsed talking points: Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) need more money, personnel, and technology; taking migrants to hospitals distracts CBP officers from their real mission; and the 1997 Flores court settlement, which prohibits immigration enforcement agencies from detaining migrant families with children for more than twenty days, is undermining the very sovereignty of the United States. “We want a secure border, we want an immigration system that has integrity,” Ronald Vitiello, then–acting head of ICE, said in a keynote address to the hundreds of people gathered in San Antonio. “We have a generous immigration system in this country, but it has to have integrity in order for us to continue to be so generous.”

      More of a technocrat than his thuggish predecessor Thomas Homan, Vitiello also spoke at length about using the “dark web” to take down smugglers and the importance of having the most up-to-date data-management technology. But he spoke most adamantly about needing “a fix” for the Flores settlement. “If you prosecute crimes and you give people consequences, you get less of it,” he said. “With Flores, there’s no consequence, and everybody knows that,” a senior ICE official echoed to reporters during a background conversation immediately following Vitiello’s keynote remarks. “That’s why you’re seeing so many family units. We cannot apply a consequence to a family unit, because we have to release them.”

      Meanwhile, around 550 miles to the west, in El Paso, hundreds of migrants, including children and families, were being held by CBP under a bridge, reportedly forced to sleep on the ground, with inadequate medical attention. “They treated us like we are animals,” one Honduran man told Texas Monthly. “I felt what they were trying to do was to hurt us psychologically, so we would understand that this is a lesson we were being taught, that we shouldn’t have crossed.” Less than a week after the holding pen beneath the bridge closed, Vitiello’s nomination to run ICE would be pulled amid a spate of firings across DHS; President Trump wanted to go “in a tougher direction.”

      Family Values

      On the second day of the Border Security Expo, in a speech over catered lunch, Scott Luck, deputy chief of Customs and Border Protection and a career Border Patrol agent, lamented that the influx of children and families at the border meant that resources were being diverted from traditional enforcement practices. “Every day, about 150 agents spend their shifts at hospitals and medical facilities with illegal aliens receiving treatment,” he said. “The annual salary cost for agents on hospital watch is more than $11.5 million. Budget analysts estimate that 13 percent of our operational budget—the budget that we use to buy equipment, to buy vehicles for our men and women—is now used for transportation, medical expenses, diapers, food, and other necessities to care for illegal aliens in Border Patrol custody.”

      As far as Luck was concerned, every dollar spent on food and diapers is one not spent on drones and weapons, and every hour an agent spends guarding a migrant in a hospital is an hour they don’t spend on the border. “It’s not what they signed up for. The mission they signed up for is to protect the United States border, to protect the communities in which they live and serve,” he told reporters after his speech. “The influx, the volume, the clutter that this creates is frustrating.” Vitiello applied an Orwellian inversion: “We’re not helping them as fast as we want to,” he said of migrant families apprehended at the border.

      Even when discussing the intimate needs of detained migrant families, the language border officials used to describe their remit throughout the Expo was explicitly militaristic: achieving “operational control,” Luck said, requires “impedance and denial” and “situational awareness.” He referred to technology as a “vital force multiplier.” He at least stopped short of endorsing the president’s framing that what is happening on the border constitutes an invasion, instead describing it as a “deluge.”

      According to the Migration Policy Institute, a non-partisan think tank, the U.S. immigrant population has continued to grow—although at a slower rate than it did before the 2007 recession, and undocumented people appear to make up a smaller proportion of the overall population. Regardless, in fiscal year 2018, both ICE and CBP stepped up their enforcement activities, arresting, apprehending, and deporting people at significantly higher rates than the previous year. More than three times as many family members were apprehended at the border last year than in 2017, the Pew Research Center reports, and in the first six months of FY 2019 alone there were 189,584 apprehensions of “family units”: more than half of all apprehensions at the border during that time, and more than the full-year total of apprehended families for any other year on record. While the overall numbers have not yet begun to approach those of the 1980s and 1990s, when apprehensions regularly exceeded one million per year, the demographics of who is arriving at the United States southern border are changing: fewer single men from Mexico and more children and families from Guatemala, Honduras, and El Salvador—in other words, an ever-wider range of desperate victims of drug gangs and American policies that have long supported corrupt regimes.

      This change has presented people like Luck with problems they insist are merely logistical: aging Border Patrol stations, he told us at the Expo, “are not luxurious in any way, and they were never intended to handle families and children.” The solution, according to Vitiello, is “continued capital investment” in those facilities, as well as the cars and trucks necessary to patrol the border region and transport those apprehended from CBP custody to ICE detention centers, the IT necessary to sift through vast amounts of data accumulated through untold surveillance methods, and all of “the systems by which we do our work.”

      Neither Vitiello nor Luck would consider whether those systems—wherein thousands of children, ostensibly under the federal government’s care, have been sexually abused and five, from December through May of this year, have died—ought to be questioned. Both laughed off calls from migrant justice organizers, activists, and politicians to abolish ICE. “The concept of the Department of Homeland Security—and ICE as an agency within it—was designed for us to learn the lessons from 9/11,” Vitiello said. “Those needs still exist in this society. We’re gonna do our part.” DHS officials have even considered holding migrant children at Guantánamo Bay, Cuba, according to the New York Times, where a new $23 million “contingency mass migration complex” is being built. The complex, which is to be completed by the end of the year, will have a capacity of thirteen thousand.

      Violence is the Point

      The existence of ICE may be a consequence of 9/11, but the first sections of fencing along the U.S.-Mexico border—originally to contain livestock—went up in 1909 through 1911. In 1945, in response to a shift in border crossings from Texas to California, the U.S. Border Patrol and the Immigration and Naturalization Service recycled fencing wire and posts from internment camps in Crystal City, Texas, where more than a hundred thousand Japanese Americans had been imprisoned during World War II. “Although the INS could not erect a continuous line of fence along the border, they hoped that strategic placement of the fence would ‘compel persons seeking to enter the United States illegally to attempt to go around the ends of the fence,’” historian Kelly Lytle Hernández, quoting from government documents, writes in Migra! A History of the U.S. Border Patrol. “What lay at the end of the fences and canals were desert lands and mountains extremely dangerous to cross without guidance or sufficient water. The fences, therefore, discouraged illegal immigration by exposing undocumented border crossers to the dangers of daytime dehydration and nighttime hypothermia.”

      Apprehension and deportation tactics continued to escalate in the years following World War II—including Operation Wetback, the infamous (and heavily propagandized) mass-deportation campaign of 1954—but the modern, militarized border era was greatly boosted by Bill Clinton. It was during Clinton’s first administration that Border Patrol released its “Strategic Plan: 1994 and Beyond,” which introduced the idea of “prevention through deterrence,” a theory of border policing that built on the logic of the original wall and hinges upon increasing the “cost” of migration “to the point that many will consider it futile to continue to attempt illegal entry.” With the Strategic Plan, the agency was requesting more money, officers, and equipment in order to “enhance national security and safeguard our immigration heritage.”

      The plan also noted that “a strong interior enforcement posture works well for border control,” and in 1996, amid a flurry of legislation targeting people of color and the poor, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which empowered the federal government to deport more people more quickly and made it nearly impossible for undocumented immigrants to obtain legal status. “Before 1996, internal enforcement activities had not played a very significant role in immigration enforcement,” the sociologists Douglas Massey and Karen A. Pren wrote in 2012. “Afterward these activities rose to levels not seen since the deportation campaigns of the Great Depression.” With the passage of the Patriot Act in 2001 and the creation of the Department of Homeland Security and Immigration and Customs Enforcement in 2002, immigration was further securitized and criminalized, paving the way for an explosion in border policing technology that has further aligned the state with the defense and security industry. And at least one of Border Patrol’s “key assumptions,” explicitly stated in the 1994 strategy document, has borne out: “Violence will increase as effects of strategy are felt.”

      What this phrasing obscures, however, is that violence is the border strategy. In practice, what “prevention through deterrence” has meant is forcing migrants to cross the U.S.-Mexico border in the desert, putting already vulnerable people at even greater risk. Closing urban points of entry, for example, or making asylum-seekers wait indefinitely in Mexico while their claims are processed, pushes migrants into remote areas where there is a higher likelihood they will suffer injury and death, as in the case of seven-year-old Jakil Caal Maquin, who died of dehydration and shock after being taken into CBP custody in December. (A spokesperson for CBP, in an email response, deflected questions about whether the agency considers children dying in its custody a deterrent.) Maquin is one of many thousands who have died attempting to cross into the United States: the most conservative estimate comes from CBP itself, which has recovered the remains of 7,505 people from its southwest border sectors between 1998 and 2018. This figure accounts for neither those who die on the Mexican side of the border, nor those whose bodies remain lost to the desert.

      Draconian immigration policing causes migrants to resort to smugglers and traffickers, creating the conditions for their exploitation by cartels and other violent actors and increasing the likelihood that they will be kidnapped, coerced, or extorted. As a result, some migrants have sought the safety of collective action in the form of the “caravan” or “exodus,” which has then led the U.S. media and immigration enforcement agencies to justify further militarization of the border. Indeed, in his keynote address at the Expo, Luck described “the emerging prevalence of large groups of one hundred people or more” as “troubling and especially dangerous.” Later, a sales representative for the gun manufacturer Glock very confidently explained to me that this was because agents of al-Shabaab, the al-Qaeda affiliate in Somalia, were embedded with the caravans.

      Branding the Border

      Unsurprisingly, caravans came up frequently at the Border Security Expo. (An ICE spokesperson would later decline to explain what specific threat they pose to national security, instead citing general statistics about the terrorist watchlist, “special interest aliens,” and “suspicious travel patterns.”) During his own keynote speech, Vitiello described how ICE, and specifically its subcomponent Homeland Security Investigations, had deployed surveillance and intelligence-gathering techniques to monitor the progress of caravans toward the border. “When these caravans have come, we’ve had trained, vetted individuals on the ground in those countries reporting in real time what they were seeing: who the organizers were, how they were being funded,” he said, before going on an astonishing tangent:

      That’s the kind of capability that also does amazing things to protecting brands, property rights, economic security. Think about it. If you start a company, introduce a product that’s innovative, there are people in the world who can take that, deconstruct it, and create their own version of it and sell it as yours. All the sweat that went into whatever that product was, to build your brand, they’ll take it away and slap it on some substandard product. It’s not good for consumers, it’s not good for public safety, and it’s certainly an economic drain on the country. That’s part of the mission.

      That the then–acting director of ICE, the germ-cell of fascism in the bourgeois American state, would admit that an important part of his agency’s mission is the protection of private property is a testament to the Trump administration’s commitment to saying the quiet part out loud.

      In fact, brands and private industry had pride of place at the Border Security Expo. A memorial ceremony for men and women of Border Patrol who have been killed in the line of duty was sponsored by Sava Solutions, an IT firm that has been awarded at least $482 million in federal contracts since 2008. Sava, whose president spent twenty-four years with the DEA and whose director of business development spent twenty with the FBI, was just one of the scores of firms in attendance at the Expo, each hoping to persuade the bureaucrats in charge of acquiring new gear for border security agencies that their drones, their facial recognition technology, their “smart” fences were the best of the bunch. Corporate sponsors included familiar names like Verizon and Motorola, and other less well-known ones, like Elbit Systems of America, a subsidiary of Israel’s largest private defense contractor, as well as a handful of IT firms with aggressive slogans like “Ever Vigilant” (CACI), “Securing the Future” (ManTech), and “Securing Your Tomorrow” (Unisys).

      The presence of these firms—and indeed the very existence of the Expo—underscores an important truth that anyone attempting to understand immigration politics must reckon with: border security is big business. The “homeland security and emergency management market,” driven by “increasing terrorist threats and biohazard attacks and occurrence of unpredictable natural disasters,” is projected to grow to more than $742 billion by 2023 from $557 billion in 2018, one financial analysis has found. In the coming decades, as more people are displaced by climate catastrophe and economic crises—estimates vary between 150 million and 1 billion by 2050—the industry dedicated to policing the vulnerable stands to profit enormously. By 2013, the United States was already spending more on federal immigration enforcement than all other federal law enforcement agencies combined, including the FBI and DEA; ICE’s budget has doubled since its inception in 2003, while CBP’s has nearly tripled. Between 1993 and 2018, the number of Border Patrol agents grew from 4,139 to 19,555. And year after year, Democrats and Republicans alike have been happy to fuel an ever more high-tech deportation machine. “Congress has given us a lot of money in technology,” Luck told reporters after his keynote speech. “They’ve given us over what we’ve asked for in technology!”

      “As all of this rhetoric around security has increased, so has the impetus to give them more weapons and more tools and more gadgets,” Jacinta Gonzalez, a senior campaign organizer with Mijente, a national network of migrant justice activists, told me. “That’s also where the profiteering comes in.” She continued: “Industries understand what’s good for business and adapt themselves to what they see is happening. If they see an administration coming into power that is pro-militarization, anti-immigrant, pro-police, anti-communities of color, then that’s going to shape where they put their money.”

      By way of example, Gonzalez pointed to Silicon Valley billionaire Peter Thiel, who spent $1.25 million supporting Trump’s 2016 election campaign and followed that up last year by donating $1 million to the Club for Growth—a far-right libertarian organization founded by Heritage Foundation fellow and one-time Federal Reserve Board prospect Stephen Moore—as well as about $350,000 to the Republican National Committee and other GOP groups. ICE has awarded Palantir, the $20 billion surveillance firm founded by Thiel, several contracts worth tens of millions of dollars to manage its data streams—a partnership the agency considers “mission critical,” according to documents reviewed by The Intercept. Palantir, in turn, runs on Amazon Web Services, the cloud computing service provided by the world’s most valuable public company, which is itself a key contractor in managing the Department of Homeland Security’s $6.8 billion IT portfolio.

      Meanwhile, former DHS secretary John Kelly, who was Trump’s chief of staff when the administration enacted its “zero-tolerance” border policy, has joined the board of Caliburn International—parent organization of the only for-profit company operating shelters for migrant children. “Border enforcement and immigration policy,” Caliburn reported in an SEC filing last year, “is driving significant growth.” As Harsha Walia writes in Undoing Border Imperialism, “the state and capitalism are again in mutual alliance.”

      Triumph of the Techno-Nativists

      At one point during the Expo, between speeches, I stopped by a booth for Network Integrity Systems, a security firm that had set up a demonstration of its Sentinel™ Perimeter Intrusion Detection System. A sales representative stuck out his hand and introduced himself, eager to explain how his employer’s fiber optic motion sensors could be used at the border, or—he paused to correct himself—“any kind of perimeter.” He invited me to step inside the space that his coworkers had built, starting to say “cage” but then correcting himself, again, to say “small enclosure.” (It was literally a cage.) If I could get out, climbing over the fencing, without triggering the alarm, I would win a $500 Amazon gift card. I did not succeed.

      Overwhelmingly, the vendors in attendance at the Expo were there to promote this kind of technology: not concrete and steel, but motion sensors, high-powered cameras, and drones. Customs and Border Patrol’s chief operating officer John Sanders—whose biography on the CBP website describes him as a “seasoned entrepreneur and innovator” who has “served on the Board of Directors for several leading providers of contraband detection, geospatial intelligence, and data analytics solutions”—concluded his address by bestowing on CBP the highest compliment he could muster: declaring the agency comparable “to any start-up.” Rhetoric like Sanders’s, ubiquitous at the Expo, renders the border both bureaucratic and boring: a problem to be solved with some algorithmic mixture of brutality and Big Data. The future of border security, as shaped by the material interests that benefit from border securitization, is not a wall of the sort imagined by President Trump, but a “smart” wall.

      High-ranking Democrats—leaders in the second party of capital—and Republicans from the border region have championed this compromise. During the 2018-2019 government shutdown, House Homeland Security Committee Chairman Bennie Thompson told reporters that Democrats would appropriate $5.7 billion for “border security,” so long as that did not include a wall of Trump’s description. “Walls are primitive. What we need to do is have border security,” House Majority Whip Jim Clyburn said in January. He later expanded to CNN: “I’ve said that we ought to have a smart wall. I defined that as a wall using drones to make it too high to get over, using x-ray equipment to make it too wide to get around, and using scanners to go deep enough not to be able to tunnel under it. To me, that would be a smart thing to do.”

      Even the social democratic vision of Senator Bernie Sanders stops short at the border. “If you open the borders, my God, there’s a lot of poverty in this world, and you’re going to have people from all over the world,” he told Iowa voters in early April, “and I don’t think that’s something that we can do at this point.” Over a week later, during a Fox News town hall with Pennsylvania voters, he recommitted: “We need border security. Of course we do. Who argues with that? That goes without saying.”

      To the extent that Trump’s rhetoric, his administration’s immigration policies, and the enforcement agencies’ practices have made the “border crisis” more visible than ever before, they’ve done so on terms that most Democrats and liberals fundamentally agree with: immigration must be controlled and policed; the border must be enforced. One need look no further than the high priest of sensible centrism, Thomas Friedman, whose major complaint about Trump’s immigration politics is that he is “wasting” the crisis—an allusion to Rahm Emanuel’s now-clichéd remark that “you never want a serious crisis to go to waste.” (Frequently stripped of context, it is worth remembering that Emanuel made this comment in the throes of the 2008 financial meltdown, at the Wall Street Journal’s CEO Council, shortly following President Obama’s election.) “Regarding the border, the right place for Democrats to be is for a high wall with a big gate,” Friedman wrote in November of 2018. A few months later, a tour led by Border Patrol agents of the San Ysidro port of entry in San Diego left Friedman “more certain than ever that we have a real immigration crisis and that the solution is a high wall with a big gate—but a smart gate.”

      As reasonable as this might sound to anxious New York Times readers looking for what passes as humanitarian thinking in James Bennet’s opinion pages, the horror of Friedman’s logic eventually reveals itself when he considers who might pass through the big, smart gate in the high, high wall: “those who deserve asylum” and “a steady flow of legal, high-energy, and high-I.Q. immigrants.” Friedman’s tortured hypothetical shows us who he considers to be acceptable subjects of deportation and deprivation: the poor, the lazy, and the stupid. This is corporate-sponsored, state-sanctioned eugenics: the nativism of technocrats.

      The vision of a hermetically sealed border being sold, in different ways, by Trump and his allies, by Democrats, and by the Border Security Expo is in reality a selectively permeable one that strictly regulates the movement of migrant labor while allowing for the unimpeded flow of capital. Immigrants in the United States, regardless of their legal status, are caught between two factions of the capitalist class, each of which seek their immiseration: the citrus farmers, construction firms, and meat packing plants that benefit from an underclass of unorganized and impoverished workers, and the defense and security firms that keep them in a state of constant criminality and deportability.

      You could even argue that nobody in a position of power really wants a literal wall. Even before taking office, Trump himself knew he could only go so far. “We’re going to do a wall,” he said on the campaign trail in 2015. However: “We’re going to have a big, fat beautiful door on the wall.” In January 2019, speaking to the American Farm Bureau Association, Trump acknowledged the necessity of a mechanism allowing seasonal farmworkers from Mexico to cross the border, actually promising to loosen regulations on employers who rely on temporary migrant labor. “It’s going to be easier for them to get in than what they have to go through now,” he said, “I know a lot about the farming world.”

      At bottom, there is little material difference between this and what Friedman imagines to be the smarter, more humane approach. While establishment liberals would no doubt prefer that immigration enforcement be undertaken quietly, quickly, and efficiently, they have no categorical objection to the idea that noncitizens should enjoy fewer rights than citizens or be subject to different standards of due process (standards that are already applied in deeply inequitable fashion).

      As the smorgasbord of technologies and services so garishly on display at the Border Security Expo attests, maintaining the contradiction between citizens and noncitizens (or between the imperial core and the colonized periphery) requires an ever-expanding security apparatus, which itself becomes a source of ever-expanding profit. The border, shaped by centuries of bourgeois interests and the genocidal machinations of the settler-colonial nation-state, constantly generates fresh crises on which the immigration-industrial complex feeds. In other words, there is not a crisis at the border; the border is the crisis.

      CBP has recently allowed Anduril, a start-up founded by one of Peter Thiel’s mentees, Palmer Luckey, to begin testing its artificial intelligence-powered surveillance towers and drones in Texas and California. Sam Ecker, an Anduril engineer, expounded on the benefits of such technology at the Expo. “A tower doesn’t get tired. It doesn’t care about being in the middle of the desert or a river around the clock,” he told me. “We just let the computers do what they do best.”

      https://thebaffler.com/outbursts/border-profiteers-oconnor

  • Checkpoint Nation. Border agents are expanding their reach into the country’s interior.

    Laura Sandoval threaded her way through idling taxis and men selling bottles of water toward the entrance of the Cordova International Bridge, which links Ciudad Juárez, Mexico, to El Paso, Texas. Earlier that day, a bright Saturday in December 2012, Sandoval had crossed over to Juárez to console a friend whose wife had recently died. She had brought him a few items he had requested—eye drops, the chimichangas from Allsup’s he liked—and now that her care package had been delivered, she was in a hurry to get back to the Texas side, where she’d left her car. She had a three-hour drive to reach home, in the mountains in New Mexico, and she hated driving in the dark.

    Sandoval took her place in the long line of people waiting to have their passports checked by US #Customs_and_Border_Protection (#CBP). When it was her turn, she handed her American passport to a customs officer and smiled amicably, waiting for him to wave her through. But the officer said she had been randomly selected for additional screening. Sandoval was led to a secondary inspection area nearby, where two more officers patted her down. Another walked toward her with a drug-sniffing dog, which grew agitated as it came closer, barking and then circling her legs. Because the dog had “alerted,” the officer said, Sandoval would now have to undergo another inspection.

    She was taken to a fluorescent-lit, windowless room inside the port of entry office. Two female officers entered and announced that they were going to search her for drugs. They patted her down again, but found nothing. At that point, Sandoval assumed they would release her, but instead they told her they were going to conduct a strip search. The officers put on latex gloves, picked up flashlights, and asked Sandoval to remove her clothes and bend over so they could look for signs of drugs in her vagina and her rectum.

    By the time they finished, Sandoval had been detained for more than two hours in the stifling room. Her passport and cell phone had been confiscated; her husband and children had no idea where she was. Sandoval begged to be released. “I was shaking and I was in tears,” she told me. Saying nothing, the officers put her in handcuffs and led her to a patrol car waiting outside. They left the international bridge and drove north into Texas. Frightened, Sandoval asked the officers if they had a warrant for her arrest. “We don’t need a warrant,” one of them replied.


    https://www.theinvestigativefund.org/investigation/2018/09/13/checkpoint-nation/?platform=hootsuite
    #flexibilisation_introvertie #frontières #frontières_mobiles #USA #Etats-Unis #contrôles_frontaliers
    ping @reka