Are Drones an Effective Border Security Solution?

In response to President Donald Trump’s call for a border wall, some members of Congress have instead offered a “virtual wall”—ocean-to-ocean border surveillance with technology, especially unmanned aircraft known as drones…

image

 While it may sound like a futuristic new idea, U.S. Customs and Border Protection (CBP) already operates a fleet of nine unmanned aircraft — and CBP’s drone program has failed to live up to its expectations.

Although drones have been widely used in foreign battlefields, they have failed to help CBP apprehend illegal border crossers and seize drugs. Drones have led to only 0.5% of apprehensions at a cost of $32,000 per arrest.

The expense, disproportionately small contribution to border security, and infringement on Americans’ privacy are good reasons for CBP to wind down its drone program. However, if CBP does continue to use drones, it should further constrain their use to prevent unnecessary data collection of Americans. China and other authoritarian countries have already begun to use drones to conduct domestic suspicionless surveillance, including of protesters and dissidents. The United States should put in place safeguards to prevent similar actions here.

If CBP chooses to continue flying expensive and ineffective drones, the agency should at least mandate the following privacy protections:

  • CBP should use its drones solely for border security operations except in the case of states of emergency.
  • CBP should not conduct drone surveillance more than five miles from the border.
  • If CBP does use its drones to support state and local operations, it should ensure that its drone pilots comply with state and local drone legislation, including warrant requirements.
  • CBP should not seek drones with facial recognition capability, which puts law-abiding Americans’ privacy at increased risk.
  • At least six months before deploying new surveillance technology, CBP should disclose details about the technology’s capabilities, including information about the type of data to be collected, how long CBP plans to keep the data, when CBP will share the data, and with whom it will share the data.
  • CBP should study replacing drones with surveillance technology that limits unnecessary data collection on U.S. residents.

Learn more…

The U.S. Already Engages in “Extreme Vetting”

President Trump has promised to implement “extreme vetting” of immigrants and foreign travelers, asserting that widespread vetting failures had allowed many terrorists to enter the United States. But, vetting failures are rare and have become much rarer since 9/11…

A new Cato study provides the first estimate of the number of terrorism vetting failures, both before and after the vetting enhancements implemented in response to the September 11, 2001, attacks.

A terrorism vetting failure occurs when a foreigner is granted entry to the United States who had terrorist associations or sympathies and who later committed a terrorism offense including support for terrorist groups abroad.

Only 13 people — 2% of the 531 individuals convicted of terrorism offenses or killed while committing an offense since 9/11 — entered due to a vetting failure in the post-9/11 security system.

There were 52 vetting failures in the 15 years leading up to 9/11, four times as many as in the 15 years since the attacks. From 2002 to 2016, the vetting system failed and permitted the entry of 1 radicalized terrorist for every 29 million visa or status approvals. This rate was 84% lower than during the 15-year period leading up to the 9/11 attacks. Only 1 of the 13 post-9/11 vetting failures resulted in a deadly attack in the United States. Thus, the rate for deadly terrorists was 1 for every 379 million visa or status approvals from 2002 through 2016.

During this same period, the chance of an American being killed in an attack committed by a terrorist who entered as a result of a vetting failure was 1 in 328 million per year. The risk from vetting failures was 99.5% lower during this period than during the 15-year period from 1987 to 2001.

The evidence indicates that the U.S. vetting system is already “extreme” enough to handle the challenge of foreign terrorist infiltration.

Learn more…

Two-Thirds of Americans Live in a “Constitution-Free Zone”

Two-thirds of the U.S. population lives within a “Constitution Free Zone.” What does that mean for basic freedom in the Land of the Free?

image

For over 60 years, the executive branch has, through regulatory fiat, imposed a “border zone” that extends as much as 100 miles into the United States. Within this area are a series of Soviet-style internal checkpoints run by the Department of Homeland Security’s Customs and Border Protection (CBP) service.

The majority of the checkpoints stretch across the southwestern United States from southern Calfornia to the Texas Gulf Coast. CBP agents operating these checkpoints routinely violate the constitutional rights of citizens and other who are forced to pass through them. For too many American immigrants or legal permanent residents living in or just passing through the southwestern United States, these checkpoints are a breeding ground for racial profiling and civil liberties violations.

Simply stated, Americans living in or traveling through the so-called “border zone” can be subjected to motor vehicle stops and constitutionally dubious searches at internal checkpoints run by the CBP. Some of these checkpoints are located as much as 100 miles inside the country, and reports of CBP agent abuses of citizens at such checkpoints appear frequently in the press.

In some cases, CBP agents have used violence to remove motorists from their vehicles when they decline to answer questions after asserting their rights.

If you conduct a YouTube search utilizing the phrase “checkpoint refusal videos,” you will get thousands of hits — and you could easily spend days watching them.  

Just being dark-skinned and having an accent was enough for Armenian-American immigrant Greg Rosenberg to be stopped, roughed up, and detained without charge for 19 days after an encounter with CBP agents at the Laredo, Texas checkpoint in 2014. 

Through 2015, at least 35 people have been shot and killed by CBP agents, according to data compiled by the ACLU and CBP’ own internal data. To date, no agents involved in these use-of-force incidents has been fired.

The checkpoints are also largely ineffective in performing their stated task: catching illegal border crossers.  Apprehensions at checkpoints ranged from 1.34 to 2.52% of nationwide apprehensions across fiscal years 2013 through 2016, Yet, a significant portion of CBP agents are tied to these internal checkpoints that account for a minuscule portion of apprehensions of persons not legally authorized to be in the United States.

Hundreds of people illegally crossing the border circumvent the checkpoint by walking through the surrounding ranches, prompting local residents to petition Border Patrol  to direct more enforcement efforts at the immediate border to prevent illegal crossers from entering their communities or properties.

Instead, CBP insists on keeping checkpoints well away from the border, operating them primarily as generalized crime control stations that disproportionately target American citizens.

In addition to failing at their primary mission of curtailing illegal border crossings, CBP personnel manning these stations are running largely useless “weed dime-bag checkpoints” that only help to perpetuate the failed War on Drugs.

At least 40% of seizures occurring at CBP’s internal checkpoints were one ounce or less of marijuana seized from U.S. citizens. In contrast, seizures occurring at non-checkpoint locations were more often higher-quantities seized from non-citizen. For example, more than three-quarters of marijuana seizures at non-checkpoint locations were of over 50 pounds.

Perhaps most incriminating is the fact that CBP agents are attempting to prevent American citizens from monitoring checkpoint activities in the ongoing effort to prevent and expose misconduct and constitutional rights violations by CBP personnel.

In October 2013, the Arizona ACLU chapter filed a complaint with the DHS’s Inspector General office regarding CBP mistreatment of multiple Arizona residents at checkpoints in the state. The abuses at these checkpoints have become so serious that the ACLU has initiated the Border Litigation Project, which seeks to monitor and combat in court CBP’s excesses at the checkpoints. 

Beginning in 2014, CBP officials in Arizona reacted with threats and intimidation as a group of citizens in the town of Arivaca attempted to monitor the local CBP checkpoint for potential rights violations. In response, the citizens sued the CBP for the right to record or otherwise monitor CBP activities at the checkpoint. A lower court tossed the case in 2016, but the Arivaca residents appealed and in February 2018, the Ninth Circuit Court of Appeals reinstated the case, which has been remanded to the U.S. District Court in Tuscon.

A 2015 Freedom of Information Act request to CBP filed by Cato Policy Analyst Patrick Eddington for information on these checkpoints has been on administrative appeal for two years — a clear effort by CBP to block release of information related to the length of motorist stops for “secondary” inspections, as well as the number of use-of-force incidents.

That’s why the Cato Institute is launching a new online initiativeCheckpoint America: Monitoring the Constitution-Free Zone. 

Checkpoint America: Monitoring The Constitution-Free Zone is a new Cato project designed to map Department of Homeland Security Custom and Border Protection (CBP) internal checkpoints and provide the public with information on their operations, as well as the chance to help improve our information on and understanding of activities at these checkpoints.

Because these checkpoints can be either fixed or mobile, research for this project involved the use of multiple data sources to help provide precise geolocational data and detailed physical descriptions of a given fixed checkpoint, or, where captured on overhead imagery, a temporary checkpoint. In particular, prior reports by the Government Accountability Office (2009 and 2017), as well as Google Earth and the Streetview functionality in Google Maps, were critical in helping pinpoint existing checkpoints and making possible relatively precise physical descriptions of the facilities and equipment present at each. The ACLU — including its Arizona chapter — also provided valuable data.

The need for this project, and for greater scrutiny of these checkpoints, is more pressing than ever.

Join the conversation on Twitter and stay tuned for updates with #CheckpointAmerica

Bolton is a Bad Omen for U.S. Foreign Policy

Americans who voted for Donald Trump believing he would be disinclined to start new wars should be puzzled by his decision to tap John Bolton as his third national security adviser. The rest of us should be concerned…

image

President Trump’s new national security advisor, John Bolton, is an effective communicator of extreme hawkish views — views that almost entirely reject serious diplomacy.

Bolton’s claim to fame was when he served as the U.S. ambassador to the U.N. under the George W. Bush administration. Bolton was correct in calling for U.N. reforms (such as voluntary contributions over mandatory financing), but his disdain for the organization ultimately hurt U.S. soft power.

Bolton has been one of the most reliably hawkish voices in American politics in recent memory. Above all, he wants war.

Many people associate Bolton with neoconservatives thanks to his hawkishness and his prior service during the George W. Bush administration, but while Bolton shares the neoconservative tendency to use military force as a tool of first resort, he doesn’t necessarily share their enthusiasm for democracy promotion.

Bolton has written that the U.S. political debate is essentially between the “Americanists” and “Globalists,” where globalists favor multilateralism over U.S. interests.

He believes that launching a pre-emptive strike against North Korea is legal, the only way to stop Iran from building a nuclear weapon is to “bomb Iran,” and the U.N. is irrelevant. He was also in favor of ousting Saddam Hussein, a decision he continues to stand by, and helped build a faulty case of Saddam possessing weapons of mass destruction.

Bolton’s appointment and other changes within the administration indicate three things:

1. President Trump has taken a hard-line approach to foreign policy. What that really translates into is a foreign policy of coercion and military tactics over negotiations and diplomacy.

2. The president’s hard-line approach is informed by problematic — and questionable — causal links. For example, the president believes that enhanced interrogation techniques work, and produce useful intelligence. In his first State of the Union address, the president declared that the notorious U.S. detention center at Guantanamo Bay, Cuba, will remain open to ensure that “hundreds of dangerous terrorists” are not released. Yet, “Gitmo” has served as a recruiting tool for al-Qaida and its various affiliates while scientists and interrogators alike agree that torture doesn’t work. Similarly, the president continues to falsely link immigration with terrorism, a view shared by Bolton.

3. The president wants to surround himself with yes men (and women). The president’s dismissal — and disdain — of expert knowledge has been obvious during his first year. While Bolton and the president may not agree on everything, they are both inclined to ignore expertise.

Learn More…

Trump Administration Attacks Legal Immigrants

The overriding impact of immigrants is to strengthen and enrich American culture, increase the total output of the economy, and raise the standard of living of American citizens…

image

The Trump administration is launching a legal assault on two categories of immigrants in the United States. 

On Monday,Trump administration officials canceled a long standing program for Salvadorans, called Temporary Protected Status, announcing that it would that will strip legal work status from for about 200,000 Salvadoran people in the next 18 months. The decision is part of President Trump’s “America first” agenda, restricting the rights of immigrants in order to protect U.S. workers.

What does the end of “temporary protected status” for Salvadoran refugees mean for those families?

As previous immigration experiments demonstrate, the policy will not aid American workers, and it certainly won’t make Salvadorans pack their bags. 

At this point, 28 years since the original TPS designation and 17 years since the subsequent one, the incentives to stay will be too large for any mass migration back to El Salvador.

Losing the legal right to work doesn’t prevent immigrants from finding jobs. They can use fake or borrowed documents from U.S. citizen family members, or employers can pay them off the books. Illegal employment, however, pays less than legal employment — employers compensate for taking the risk of hiring someone who may be here illegally.

Trump’s decision to cancel Salvadorans’ TPS won’t decrease illegal immigration or protect Americans from foreign-worker competition — it will increase illegal immigration and labor force competition. U.S. businesses will needlessly endure major compliance costs. The government will lose tax revenue. And it will bring fear and pointless suffering for Salvadoran residents of this country, many of whom have built their lives here over decades.

But ongoing, and far more dangerous, is the administration’s attempt to cut the number of legal family-sponsored immigrants on green cards.

The Trump administration is arguing that two recent terrorist attacks in New York City should prompt Congress to strip people of green cards. The first attack on Halloween by Sayfullo Saipov, an immigrant from Uzbekistan, killed eight people. The second was Akayed Ullah from Bangladesh. He killed nobody but did manage to mutilate himself. Both entered the U.S. on green cards because they were related to American citizens or other legal immigrants on green cards.

Yet family-sponsored immigrants are far from the threat the Trump administration imagines they are, and cutting off this source of immigration is a foolish way to respond to occasional terror attacks.

The odds of dying in a terrorist attack committed by an immigrant who entered on a green card during that time are about one in 723 million per year. This number even exaggerates the danger to American citizens and legal immigrants. If you do not include the deaths of the six out of eight people murdered by Saipov on Halloween who were Argentinian tourists, the danger to American citizens decreases even further, to about one in 1.2 billion a year.

Your annual chance of dying in a normal homicide is about one in 14,000 a year — about 50,000 to 80,000 times more likely than being killed in a terror attack committed by a green card recipient.

More than three times as many people are murdered each day in the United States than the total number who have been murdered by foreign-born terrorists during the last 43 years. Every death in a terrorist attack is a tragedy, and life cut short should be punished under the law, but let’s not exaggerate the danger.

Immigrants are advantageous to the United States, not a threat. The Trump administration is going after the wrong people. 

Learn more…

The Travel Ban is Purely Political

President Trump’s new “travel ban” would not have kept out the 9/11 hijackers or any terrorists since then — nor would it have prevented any terrorism deaths in decades.

image

President Trump issued a presidential proclamation this weekend instituting a new “travel ban” that restricts entry to the United States for nationals of eight countries.

This new draft Trump’s travel ban may be the most confusing yet.

The president cites America’s inability to screen out terrorists as the justification for the ban. But such a ban would not have kept out the 9/11 hijackers or any terrorists since then, nor would it have prevented any terrorism deaths in decades.

Even if the new travel ban had been in place for decades, it would have only stopped five terrorists from entering the U.S. — and would have saved ZERO lives.

In Cato’s amicus brief for the Supreme Court case challenging his prior executive order banning travel from six countries, we criticized the ban as lacking a basis in the evidence regarding terrorism threats and terrorism vetting failures. The new order is even further divorced from threats of terrorism to the United States than the prior order.

The ban singles out nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen. The purported basis for the proclamation is that most of these governments fail to share sufficient information about the identities of their nationals with U.S. agencies to, as the proclamation states, “adjudicate an application” for a visa by their nationals. This premise is flawed. Under immigration law, the U.S. government doesn’t need to obtain any information on visa applicants merely to process an application. That’s because applicants bear the burden of proof in the visa process. If they cannot prove their identity and eligibility, visa adjudicators can simply deny them on an individual basis.

This means that the travel ban exists solely to deny visa adjudicators the opportunity to review each application — even though there  no evidence that visa adjudicators aren’t doing their jobs.

The president’s most recent proclamation is nothing more than a political document, not one with any legal or national security basis.

Learn more…

The Forgotten Anniversary: September 14th, 2001

After 16 years of war, it’s time to reckon with the less-appreciated anniversary of September 14, 2001, when Congress gave the President a relatively open-ended power to make war…

image

Over the last decade and a half, we’ve heard over and over again that “September 11th changed everything”—but maybe September 14 was the pivotal date

Sixteen years ago today, Congress passed the 2001 Authorization for the Use of Military Force (AUMF). Aimed at the perpetrators of the 9/11 attacks and those who “harbored” or “aided” them, the AUMF has been transformed into an enabling act for globe-spanning presidential war.  

Two-thirds of the House members who voted for the 2001 AUMF and three quarters of the Senate are no longer in Congress today. But judging by what they said at the time, the legislators who passed it didn’t think they were committing the US to an open-ended, multigenerational war; they thought they were targeting Al Qaeda and the Taliban.

Undeclared wars and drive-by bombing raids were hardly unknown before 9/11. But most of the military excursions of the post-Cold War era were geographically limited, temporary departures from a baseline of peace.

Barack Obama left office as the first two-term president in American history to have been at war every single day of his presidency. In his last year alone, U.S. forces dropped over 26,000 bombs on seven different countries. Seven months into his presidency, Donald Trump has almost certainly passed Obama’s 2016 tally already — all under the auspices of the AUMF.

The AUMF Congress passed in 2001 still serves as legal cover for current wars we fight in seven countries. War is now America’s default setting; peace, the dwindling exception to the rule.

Learn More…

We Cannot “Win” in Afghanistan

President Trump’s Afghanistan strategy ignores the evidence amassed over 16 hard-fought years. There will be no winning for the U.S. in Afghanistan…

image

President Trump campaigned on a platform of pulling U.S. troops out of Afghanistan. That no longer seems to be on the table. 

On Monday night, President Trump informed the nation that he is escalating America’s war in Afghanistan. That means that our longest war will continue for at least four more years, and likely longer. It also means that more Americans will be sent across the globe to fight — and die — in the pursuit of unclear objectives, and in a conflict that is not vital to U.S. national security.

While specifics about the new strategy are sketchy, it seems to be more of the same, and more of the same will not improve reality in Afghanistan; it may, in fact, make things worse

Trump assured Americans that he had the strategy for “winning,” but his strategy looked a lot like one that previous battlefield commanders have suggested is sorely wanting.

Trump’s “winning” rhetoric, like that of previous administrations, makes it sound as though this is America’s war to win or lose. It is not.

The failure of the Afghan government and security forces is, primarily, a failure of Afghans. The U.S. can adjust its strategy as often as it would like, but Americans should not expect substantially different outcomes until Afghans find their own way.

Despite invading two countries, toppling three regimes and conducting military strikes in seven nations, the estimated number of Islamist-inspired terrorists has grown from approximately 32,000 before initiation of the war on terror to 109,000 now.

That is an argument to end America’s involvement in Afghanistan’s civil war, not for more of the same.

President Trump’s new strategy ignores the evidence amassed over 16 hard-fought years, and, as a result, more American lives and resources will be lost as this unnecessary war continues. There will be no winning for the U.S. in Afghanistan.

Learn More…

U.S. Should Shutter Most Military Bases Abroad

The United States maintains a veritable empire of military bases throughout the world — about 800 of them in more than 70 countries. Meanwhile, the strategic justifications for overseas bases have lost much of their value and relevance in the contemporary security environment....

image

The U.S. has by far the world’s largest contingent of overseas bases (the U.K. and France have roughly 12 each, Russia has nine, and China has only one). 

Such bases are also extremely costly, with estimates ranging from $60 billion to $120 billion per year. Stationing one service member on base in Europe or Asia (non war-zones) costs up to $40,000 more per year than being stationed in the United States, while the fixed costs alone of an overseas base range as high as $200 million annually. Estimates for the total cost of our overseas military bases exceed $120 BILLION per year.

Although rarely scrutinized by policymakers, this permanent overseas military presence is no longer necessary, needlessly costly, and counterproductive to regional stability.

image

1. They don’t protect the homeland from direct attack. Keeping 80,000 troops in Europe and more than 150,000 Asia doesn’t actually protect the physical security of the United States. Instead, it protects other nations and tries to prevent conflict in distant regions. This role of global policeman doesn’t add to U.S. security — and may even subtract from it.

2. Their deterrence effect is overrated. Some say bases make the world a more peaceful place by deterring aggression from bad actors. But, the world is more peaceful these days for a lot of reasons that have nothing to do with overseas bases. And, sometimes, bases intended to deter aggression can backfire by creating fear and adversaries. Russia, for example, feels insecure as a result of the expansion of NATO and the stationing of U.S. troops and bases in Eastern Europe and right up to the Russian border in some cases. This insecurity partly explains their aggressive military actions in Georgia and Ukraine. Similarly, North Korea is motivated to get nuclear weapons as a deterrent because the regime fears nearby U.S. military bases, provocative U.S. military exercises, and frequent references to regime change.

3. They risk entangling us in unnecessary wars. U.S. military bases often cause policymakers to urge American intervention wherever conflict may breakout. But, this risks entangling us in unnecessary foreign wars that are none of our business. If conflict breaks out over maritime or territorial disputes in the East and South China Sea, for example, the United States maybe obligated to intervene against China to fulfill its security guarantees to Taiwan, Japan, or the Philippines. Getting into a war with China over some uninhabited rocks of no strategic importance to us is terrible policy.

4. Technology has largely made them obsolete. It’s true that bases enable rapid military response, but modern technology has significantly reduced the problems of travel times over long distances. U.S. forces can now deploy to virtually any region fast enough to be based right here in America. An armored brigade combat team — which includes almost 5,000 troops, lots of heavy equipment, and vehicles — can get from Germany to Kuwait in about 18 days, only 4 days quicker than if deployed directly from the United States. Long range bombers can fly up to 9,000 miles in less than a day. After that, they can be refueled in the air, reducing the need to have in-place forces abroad.

The bottom line is that America doesn’t need a permanent global military presence to remain safe or prevent conflict. Troops should only be deployed overseas if there’s a clear and present danger to U.S. security. It’s time to bring them home.

Learn More….

Homegrown Terrorism

Who commits more domestic terrorism — violent Salafists or “right wing” extremists?

image

Media coverage of terrorist incidents makes it seem as if terrorism is almost exclusively perpetrated by Muslims. But do the numbers hold up? Not according to the Government Accountability Office!

In a new report, the GAO found that, while radical Islamist extremists were responsible for 27% of the 85 deadly terrorist attacks since September 12, 2001, far right extremist groups were responsible for 73% of these violent incidents

However, the media tends to focus on the former, and attacks by Muslim perpetrators receive, on average, 449% more media coverage than other attacks, even when controlling for target type, fatalities, and arrests.

Meanwhile, the odds of dying in a terrorist attack are about one in 20 millionthe chance of being murdered in a terrorist attack committed by an asylum-seeker is one in 2.73 billion a year, and the chance of being murdered in a terrorist attack committed by a refugee is one in 3.64 billion a year.  The odds of dying in a car crash? Roughly one in 37,000.

There is no doubt that a small group of radical Islamic extremists want to do us harm. But, there are 1.6 billion Muslims worldwide. If every one of them were a terrorist, we’d all be dead by now.

Members of Congress who want to win the war of “hearts and minds” vis a vis ISIS need to remember that our greatest weapon is a strict adherence to constitutional norms of free association and speech, and that targeting fellow citizens of Arab descent or the Muslim faith for evidence-free surveillance and political repression only validates the ISIS narrative that America is at war with the Muslim and Arab world.

ISIS is not going to conquer the United States. But it can make us change our way of life — if we let it. It can make us give in to fear and bigotry. It can make us different from the country that I love.

If ISIS succeeds in that, it will have won. That’s something every American should fight against.

Learn more….