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INS Staff Routing SheetTO:OIG THR U: Comm issioner SUSPENSE DATE: 01/24/00TODAYSUBJECT:Draft InspectionReport: "Border Patrol Efforts Along NorthernBorder"EXECUTIVE SUMMARY:1. Purpose: Toprovide INSresponse toDraft Inspection Report: "Border Patrol Efforts Along theNorthern Border," OIGReport Number A-99-04.2. Discussion: INS concurs with of the findings, conclusions and recomm endations in the report asdiscussed with the Deputy Commissioner on Friday, January 14.3. Recommendation: That Commissioner sign memorandum.

CONCURRENCESNAMEMichael C. Nicley

Ken ElwoodMichael A. PearsonAllen ErenbaumRobert BachJohn ChasePeggy McGeeMary Ann WyrschDoris M eissner

OFFICEHQBORHQOPSHQOPSHQOCRHQOPPHQOIAHQEXSHQDEPCOMHQCOM

SIGNATURE DATE COMMENTSSeparateconcurrenceSeparateconcurrenceSeparateconcurrenceSeparateconcurrence

ACTION OFFICER/OFnCE/EXTENSION: DATE: 1/24/2000Kathleen Stanley/HQOIA/514-8800

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JO 9.U.S. Department ofJusticeImmigration andNaturalization Service

HQBOR110/8.2-COffice of the Commissioner 4251StreetNWWashington. DC 20536

MEMORANDUM FO R MARY W.DEMORYASSISTANT INSPECTOR GENERALFO R INSPECTIONSOFFICE OF THE INSPECTOR GENERALDEPARTMENT OF JUSTICE

FROM: Doris MeissnerCommissionerImmigration and Naturalization ServiceSUBJECT: Draft Inspection Report: "Border PatrolEfforts Along the Northern Border"Report Number A-99-04

Th e Border Patrol has carefully reviewed the Office of the Inspector General's draftreport onBorder Patrol efforts along the northern border. TheImmigration and NaturalizationService (INS) agrees with the conclusions and recommendationsin this report and has providedcomments. However, the INS looks at the northern border not in isolation but within an overallborder perspective. The INS has considered the overall threat to the entire nation, all borderareas to be covered, resources available, known threat levels for various areas, and otheravailable information. I believe that we have deployed our personnel in the most effectivemanner to address the threat, and are actively working onways to improve security along thenorthern border.

The report highlights the difficulty in attempting to look at complex problems such asborder enforcement with too narrow a focus. As we have seen on the southern border,smugglers, traffickers, and illegal migrants adapt quickly toBorder Patrol tactical shifts. Weexpect increased pressures on the northern border as the Border Patrol continues to makeprogress on the southwest border and INS generally cuts off the avenues of illegal immigration.These impacts will increase resource needs on thenorthern border. For example, increasedenforcement operations between ports of entry will create pressures on ports of entry, andexpanded enforcement may require additional detention resources.

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Memorandum for Mary W. Demory PageSubject: Draft Inspection Report: "Border Patrol Efforts Along the Northern Border"Report Number A-99-04

The report correctly states that the northern border is initially addressed in Phase IV ofthe Border Patrol's Strategic Plan. Currently,the Border Patrol is in Phase n of the plan, and nodate has been set to implement Phase IV. However, 22 additional Border Patrol Agent (BPA)positions were allocated to the northern border and filled during Fiscal Year (FY) 1999.Additionally, planning has started for the FY 2000 deployment of the Integrated SurveillanceIntelligence System in the northern border sectorsof Elaine and Buffalo.

I consider portions of this report to be Law Enforcement Sensitive and, therefore,recommend that thereport not be published in its entirety. Although themedia may havereported the approximate strength of our resources, public announcementof the exact location ofthe deployment of Border Patrol staffing may provide a benefit to illegal traffickers byconfirming th e staffing. Smugglers may then redirect their illegal activities.FINDING 1: TH E BORDER PATROL FACES INCREASING ILLEGAL ACTWITYALONG THE NORTHERN BORDERINS POSITION: Concur. The INS agrees that there are anecdotal reports of increasedactivity. No quantitative evidence, however, has been presented which supports a conclusionthat there is an increase in th e illegal activity along thenorthern border. Vigilance requires thatwe respond to these reports, but much greater effort is needed to assess the risks at the northernborder.No statistical-gathering practices currently in place can determine if the total numbersofapprehensions or seizures were made from actual"entries" from Canada or if the aliens enteredfrom the southern border or coastal areas. DuringFY s 1998 and 1999, six of the eight northern

border sectors reported that the majorityof their apprehensions were Mexican nationals. Onlytwo sectors reported that most of their apprehensions were Canadian citizens, or other foreignnationals.This finding also reported anecdotal evidence of an "increase in illegal smugglingactivity" along the northern border. During FY 1999, G-23 reporting does not indicate anincrease in alien smuggling activity along the northern border.FINDING 2: INS IS UNABLETOASSESS THE LEVEL OFILLEGAL ACTIVITYALONG THE NORTHERN BORDER.INS POSITION: Concur. While the INS may not be able to assess the level of illegal

activity along the northern border, we do knowwhat is not there. Common indicators used onthe southern border to assess threat levels, suchas cut fences, quality of life, and theenvironmental impacts resulting from high volumesof illegal traffic, do not evidence themselveson the northern border. Com paring the known threat level on the southern border with that of the

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Memorandum for Mary W . Demoiy Page 3Subject: Draft Inspection Report: "Border Patrol Efforts Along the Northern Border"Report Num ber A-99-04

northern border, the INS believes that the northern border does not face the sam e level of threatfrom illegal activity. App ropriate indicators to quantify threats specific to the northern borderremain to be identified. INS has begun testing measurement approaches (e.g. Spokane Sector) toassess the amount of cross bonier traffic. It is anticipated that the mixture of technology andpersonnel required to address the threats will be markedly different on the two borders.

FINDING 3: BORDER PATROL'S CAPACITY TO RESPOND IS.DISPROPORTIONATE TO THE AMOUNT OF ILLEGAL ACTIVITY.INS POSITION: Concur. The INS concurs w ith this finding to the extent that no lawenforcement agency has sufficient assets to respond to every violation of law. Until anacceptably minor level of violations has been reached, the Border Patrol's capacity to respondmight be considered insufficient.However, the INS shares responsibility for responding to illegal activity in the northernborder area with law enforcement agencies from both sides of the border. The INS is workingwith agencies from both the U.S. and Canadian governments to maximize enforcementeffectiveness. Th e Border Patrol has deployed resources to areas with high volumes ofconfirmed illegal activity as a priority, including 22 BPAs deployed to the northern borderduring FY 1999. The Border Patrol Strategic Plan calls for addressing threats identified on thenorthern border during Phase IV.The staffing-level formulas fo r assessing the level of activity for the northern border areby necessity different from those of the southern border. Statistics for the southern borderindicate that the magnitude per agent of cross-border illegal activity is muc h greater than that of

the northern border agent. There fore, operationally and logically, the Border Patrol has decidedto expend the majority of available manpow er resources in areas having the most illegal trafficuntil those areas are brought under c ontrol. As the threat level changes geographically, assetswill be redirected to the areas having the most illegal traffic. The risk and response at thenorthern border involves muc h more of an anti-smuggling strategy. Sufficient intelligence andinvestigative assets will be needed to respond to the northern border.Th e report itself lists several factors stating that they affect the Border Patrol's ability torespond to illegal activity. Allocation of BPAs to the northern border beginning with 22additional BPA positions FY 1999 is a start to addressing this issue. Even w ith the additionalstaffing resources, there are stations tha t do not have 24-hour coverage, seven days a week.However, agents remain available for call outs to deal with situations that arise after the regular

shifts have gone home.FINDING 4: OTHER FACTORS AFFE CT THE BORDER PATROL'SENFORCEMENT CAPABILITY.

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Memorandum fo r Mary W.Demory Pae4Subject: Draft Inspection Report: "Border Patrol Efforts Along the Northern BorderReport Number A-99-04

INS POSITION: Concur. The INS concurs that the lack of detention space underminesits enforcem ent goals. When an alien is released after being apprehended, the alien faces noadditional risk by failing to appear in court. If apprehended later, the alien usually faces thesame lack of repercussions.

The INS concurs that detailing may adversely affect northern border operations, bu t onlyto the extent that detailing is one of many factors that may affect enforcement operations.Numerous factors affect the enforcement capability of the Border Patrol, including but are notlimited to, a migratory labor force to harvest seasonal crops, availability ofjobs, employee leaveschedules, mandatory training, and weather.CONCLUSION 1: Securing the northern border requires careful planning, built upon

reliable data, the knowledge and insights of individuals experienced in securing the northernborder, as well as lessons me Border Patrol has learned while implementing the strategic plan onthe southwest border.

INS RESPONSE: The INS concurs with the conclusions in this report. Thisinformation is a valuable tool to help prom pt us to further develop Phase IV when resourcesbecome available.

RECOMMENDATION 1: The INSCommissioner direct the Border Patrol to outlinethe approach it will take, prior to and during Phase IV, to secure the northern border, including,but not limited to, the following:

identifying and implementing accurate methods for collecting data to quantify thelevel of illegal activity and to support decisions about the allocation of personneland equipment;

determining theminimum number of intelligence analysts andintelligence aidesneeded to accuratelfassesjjhe level of illegal activity, and determining theminimum number of BP As the northern border sectors require toaddress existing gaps along the northern border (e.g., the number of BPAsnecessary for sectors to cover all shifts at all stations).

INS RESPONS E: Concur. The INS agrees with this report and appreciates theinformation outlining concerns about accurate methods of data collection, identifyingintelligence assets, staffing levels, and anecdotal evidence that illegal activity is increasing alongthe northern border. The INS will use this report as additional inform ation in developing anoutline for the approach it will take to manage risks at the northern border. In developing this

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HQBOR:BCooke:bc:01/06/00:99-977Rewritten: 01/07/00

01/10/0001/12/0001/13/0001/14/0001/22/00

bcc: HQBOR110/8.2-CMaster Log

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