Below the radar of the ongoing controversy over immigration, well below even the machinations of John Boehner, Eric Cantor, and Marco Rubio to legislate an amnesty for illegal aliens, is an attempt by lower level Republicans In Name Only (RINO) to impose the most egregious aspects of the Regime’s Administrative Amnesty on the nation. Cleverly, the separate legislation, House Resolutions 4279, and 3846 to authorize U.S. Immigration and Customs Enforcement Special Victims Unit, known formally as ICE Homeland Security Investigations (ICE HSI) and U.S. Customs and Border Protection (CBP), are being touted merely as an effort to formalize the current administrative division of immigration and customs law enforcement authority granted to the then newly created Department of Homeland Security. The Homeland Security Act of 2002 (HSA) did not authorize what came to be known as Immigration and Customs Enforcement; the Act did create a Directorate of Border and Transportation Security (BTS) in Section 401, a Frankenstein monster of mixed missions and a huge bureaucracy. Interestingly enough, the United States Customs Service (USCS) was transferred wholesale with its name as well in Section 411(a), but later the USCS was renamed CBP without lawful authority. So, it is with some justification, that CBP needs to authorized by law.
The Hill March 24, 2014 By Pete Kasperowicz
House Republicans are making a push to authorize key border security functions of the Department of Homeland Security (DHS), giving members a chance to weigh in on controversial issues such as deportation policy and border security.
It will also be the first formal authorization of these programs since the department was created in 2002, in the wake of the 9/11 attacks.
Rep. Candice Miller (R-Mich.) has introduced legislation to authorize Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). Miller, who chairs the Homeland Security subcommittee on Border and Maritime Security, is also planning a third bill authorizing the U.S. Coast Guard…
Aides said moving new authorizing legislation through Congress will allow members to fine-tune the agencies as the bills move to the floor. Some of these issues could lead to disputes between the parties, as they've been battling over ways to balance immigration and border enforcement.
For example, Miller's ICE authorization bill, H.R. 4279, was introduced last week. It will give Congress an opportunity to authorize ICE's functions, including its deportation policy.
The last is an interesting claim, as ICE has been functioning for 12 years without what the article calls authorization. Of course, that is not quite correct. ICE was not authorized, but its function was. Strange, but true, as ICE was an administrative creation by the Bush Administration as the aforementioned BTS was too unwieldy to function in the real world. It had to be broken down into smaller administrative units, however the first Secretary of DHS, Tom Ridge, and the first Undersecretary for BTS, Asa Hutchinson, made several major errors in the creation of the bureaucracy structure after DHS and BTS were created. However, the HSA itself contributed to their mistakes. The Congress, without input or direction from the Administration, made their own errors. Firstly was the failure of the HSA to create a what at the time was called “One Face At The Border,” the idea that immigration and customs law enforcement at the border would be unified under one agency, and expand that concept to all of immigration and customs law enforcement whether at the border or in the interior.
Unfortunately, the HSA took one tack at the border, but the opposite tack in the interior, creating the U.S. Citizenship and Immigration Services (USCIS) to administer benefits applications as a separate organization from either interior immigration enforcement or immigration enforcement at the border.
The result of a badly researched and written HSA combined with incompetent early administration of the Department resulted in the created of five separate bureaucratic structures devoted to either both immigration and customs law enforcement, or immigration law administration. The resulting structures were the United States Border Patrol (USBP) which enforced customs and immigration law at the borders, but was a part of CBP; CBP’s Office of Field Operations (OFO), the sole bureaucratic structure that implemented “One Face At The Border” which combined the immigration, agriculture, public health, and customs inspection and enforcement of the legacy USCS and the legacy Immigration and Naturalization Service at Ports-of-Entry, those places where goods and people are inspected upon arrival to the United States, whether land border posts, airports, or seaports; ICE HSI; ICE Enforcement and Removal Operations; and USCIS. What exists now is five separate agencies that maintain separate immigration and customs law enforcement policies, procedures, and legal interpretations. This fractured nature creates competing policies and priorities that even under strong leadership at the Secretary level is impossible to effectively coordinate.
Another major failing of the HSA was that there was no creation of a vertically and horizontally integrated customs and immigration law enforcement entry. In fact, there was in the Act Section 441 and 442 that created the Bureau of Border Protection (BBP) that came close to a vertically integrated enforcement agency, but in an end run around the law itself, Ridge and Hutchinson created first ICE Office of Investigations and Detention and Removal Operations, the forerunners to ICE HSI and ICE ERO, and ignored Section 442’s instruction to include the USBP and inspection functions in one Bureau, the BBP.
However, even BBP was conceptually a failure by Congress. It firstly failed to mandate the creation of a single agency by recognizing the independence of the Office of Border Patrol, and failed to mandate the creation of a single agency for the patrol, investigation, inspection, intelligence, and deportation functions of DHS. Furthermore it acceded to the demands of the Treason Bar to create a separate agency for the administration of immigration benefits, which because so much fraud is involved by applicants and their attorneys, is an integral function of immigration law enforcement.
The separation of immigration enforcement from immigration benefits by Congress was a major victory for the Treason Bar, illegal aliens, and terrorists. What DHS needed was an immigration and customs enforcement professional law enforcement agency integrated both vertically, e.g. a command structure that leads from one leader down, with policy, personnel, training, and promotion implemented from the top down, as well as integrated horizontally, with separate sub-missions and skill sets spread across the agency but still answerable to one command structure, not five as is the current structure. This new agency should be built analogous to a major metropolitan police department or county sheriff’s office where to the public there is one face, that of the uniformed officers, plainclothes investigators, and command structure responsible to a single person, the chief or sheriff, responsible to the public.
This is what DHS is lacking. It has separate fiefdoms where there is little or no cooperation, but much rivalry and competition.
However, the RINOs running the House of Representatives are moving the opposite direction. The two HRs currently under consideration have been written to establish in law the failure of Ridge and Hutchinson to implement the HSA’s BBP by legitimize the administrative creation of ICE HSI, ICE ERO, CBP, and the OFO. And implicit in the legislation is the endorsement of the Obama non-enforcement of immigration law, and in particular, the creation of ICE SVU, e.g. a law enforcement agency ostensibly dedicated to immigration and customs enforcement, but instead authorized to go far afield from enforcement of Title 8 of the United States Code, those laws governing immigration and Title 19 of the United States Code, those laws governing customs.
Instead, Representative Miller decided to endorse the ICE SVU policy of not enforcing immigration law and broaden ICE SVU’s authority well beyond immigration and customs law enforcement.
(2) have the power to investigate and, where appropriate,
refer for prosecution, any criminal violation of Federal law
relating to or involving—
Here of course is the first problem: “…any criminal violation of Federal law…” That is just not necessary. If one has an agency dedicated to immigration and custom enforcement, such as ICE HSI, restrict its mission to violations of Title 8 and Title 19, with the addition of Title 21 USC, Chapter 13, the Controlled Substances Act, as related to drugs immediately imported to the United States.
However, Miller sought to endorse non-border related enforcement as well as poaching on or duplicating the missions of other Federal agencies, such as the FBI, the DEA, and the Secret Service.
``(A) border control and security, including the prevention of the entry or residence of terrorists, criminals, and human rights violators;
Section A is all well and fine, but Title 8 already covers illegal immigration, entry or deportation of terrorists. What is does is endorse the failure of ICE SVU to arrest the 99.99% of illegal aliens who are not terrorists. It also poaches on the primary mission of the FBI which is to prevent terrorism. If we already have a Federal agency dedicated to counter-terrorism, why, other than support, do we need to give ICE SVU that mission and the authority to ignore routine immigration law enforcement. There is no reason for this. The FBI has a mission, that mission should not also be the top priority of ICE.
``(B) customs, trade, or import or export control,
including the illicit possession, movement of, or trade
in goods, services, property, contraband, arms,
instruments of terrorism, items controlled or
prohibited from export, pornography, intellectual
property, or monetary instruments;
Section B gives a twofer: Poaching on the mission of the Department of Commerce, Bureau of Industry and Security, which is charged with export control, and investigating child pornography, another mission generally assigned to local police and to the FBI.
``(C) transnational money laundering or bulk cash
Strange, the legacy USCS Operation Greenback, its money laundering investigation was transferred in 2003 to the FBI.
``(D) immigration or naturalization;
So, finally we get to immigration law enforcement, apparently only the fourth priority of ICE SVU, but one would think that immigration law enforcement would be the first priority of an agency called Immigration and Customs Enforcement. But just for the record, ICE SVU has been ignoring Title 8 violations for most of its existence. Immigration fraud is its lowest priority. Here the proposed legislation does nothing to force ICE SVU to improve its poor record in investigating criminal violations of immigration law.
``(E) gangs or criminal syndicates engaged in
transnational criminal activity;
The purpose of this remains a mystery as the FBI and DEA investigate international drug cartels.
``(F) chapter 40 or 44 of title 18, United States
Code, or other violation relating to firearms,
explosives, or other destructive devices involving an
This is poaching on the Bureau of Alcohol, Tobacco, Firearms, Explosives and Really Big Fires. Does ICE SVU have a case of Waco and Ruby Ridge envy?
``(G) the employment or abuse of an alien,
including trafficking and peonage, labor violations,
sexual exploitation, pornography, prostitution, or sex
Well, ICE already should be administratively arresting and deporting any illegal alien, not just those involved in the sex industry.
``(H) identification, travel, or employment
``(I) unlawful use of personal information,
including immigration document fraud, when such use
relates to or affects border security, terrorism,
customs, immigration, naturalization, trade, travel, or
transportation security; and
This one is very strange. Is ICE SVU going to replace the TSA?
``(J) travel security;
It is readily apparent that RINO Miller is carrying the water for the Regime, explicitly endorsing the Regime’s policy of using ICE SVU to investigate every Federal and State crime other than immigration crimes by her proposed legislation. Time for this legislation to be defeated and replaced with genuine reform: the creation of a vertically and horizontally integrated immigration and customs law enforcement agency.
Just as immigration law enforcement is a low priority of Miller’s ICE SVU legislation, similarly immigration law enforcement is explicitly mentioned in the companion act for CBP:
(c) Duties.--The Commissioner shall--
``(1) ensure the interdiction of persons and goods
illegally entering or exiting the United States;
``(2) facilitate and expedite the flow of legitimate
travelers and trade;
``(3) detect, respond, and interdict terrorists, drug
traffickers, human traffickers, criminals, and other persons
who may undermine the security of the United States;
``(4) safeguard the borders of the United States to protect
against the entry of dangerous goods while facilitating and
expediting the flow of legitimate trade and travel;
``(5) oversee the functions of the Office of International
Trade established under section 402 of the Security and
Accountability for Every Port Act of 2006 (19 U.S.C. 2072;
Public Law 109-347);
``(6) enforce and administer all customs laws of the United
``(7) develop and implement screening and targeting
capabilities, including the screening, reviewing, identifying,
and prioritizing of passengers and cargo across all
international modes of transportation, both inbound and
Notice that Paragraph 6 gives CBP the authority to enforce and administer all customs laws of the United States, but does not similarly give CBP authority to enforce and administer all immigration laws of the United States. In fact, the USBP, which once had authority under the Immigration and Nationality Act to enforce all immigration laws, both criminal and administrative, has its authority to make criminal arrests for Title 9, 19, and 21 violations apparently removed.
(3) Duties.--The United States Border Patrol shall--
``(A) serve as the law enforcement office of United
States Customs and Border Protection with primary
responsibility for interdicting persons attempting to
illegally enter or exit the United States or goods
being illegally imported to or exported from the United
States at a place other than a designated port of
``(B) deter and prevent illegal entry of
terrorists, terrorist weapons, persons, and contraband;
``(C) carry out other duties and powers prescribed
by the Commissioner.
Instead of the endorsement of the Regime’s Administrative Amnesty, any reform of DHS components should propose that the model and core of a new immigration and customs agency be the United States Border Patrol. Real reform will merge ICE SVU, CBP OFO, USCIS, and ICE ERO into one law enforcement agency authorized to enforce Title 8, Title 19, and Title 21, as related to drugs brought directly to and across the border, conduct criminal and administrative investigations of immigration and customs violations, apprehend and remove aliens unlawfully present, conduct inspections of arriving persons and goods, and adjudicate all applications for benefits by aliens. The USBP already has an vertically and horizontally integrated command and control structure, immigration and customs law training, a law enforcement esprit d’corps, and can easily expand its functions, provided those functions are restricted to immigration and customs law enforcement as well as benefits administration. There will be resistance from ICE and USCIS, but a strong leadership could easily remove those recalcitrant employees unable or unwilling to perform immigration and customs enforcement. It would take five or more years to integrate all functions into one uniformed agency based on a large metropolitan or county agency, but in years past, USBP agents were the core cadre of the legacy INS. It could and should be again.
True reform should also include expand and mandate use of expedited removal, add non-feasance to the responsibilities of the DHS, end the illegal and unconstitutional DACA and other amnesty policies, and restrict the parole authority of the executive. The primary problem is the Regime at this point but Congress is supreme in the area of legislation. It has a responsibility to reform immigration law enforcement in the United States. RINO Miller is not reforming immigration law enforcement, but endorsing the Regime’s abandonment of immigration enforcement. And impeachment is the answer for this obstruction of immigration law enforcement by the Regime.