Jonathan R. White www.cengage.com/cj/white Chapter 15: Law EnforcementBureaucracy and Homeland Security Rosemary Arway Hodges University
The Bureaucracy Challenge Currently, a variety of Senate and House committees are responsible for different aspects of security in the U.S. o Federal, state, local, tribal agencies and private corporations Max Weber o Coined the term of bureaucracy to describe professional, rational organizations designed to serve a purpose. Bureaucracy and Preventing Terrorism There is a controversy concerning homeland security bureaucracy o Efficiency of consolidating power o Efficiency of decentralized services
Intelligence and Bureaucracy FBI is a leading agency for counterterrorism. Important services are shared with Border Patrol, Secret Service and CIA. Under the intelligence reform law of 2004 all intelligence coordination must take place in the National Counterterrorism Center (NCTC).
State, Local, and Tribal Law Enforcement Bureaucracies There are more than 800,000 state, local, and tribal law enforcement agencies in the U.S.A. Law enforcement executives must support task orientated methods in counterterrorism. o Task orientation focuses the actions of individuals and departments. Additionally, commitment to threat analysis and identification of pre-incident indicators have to be taken into consideration.
Border Protection Borders of the U.S. are vulnerable in several areas: o Long stretches of unprotected areas along the northern and southern borders are wide open for infiltration. o Over 300 seaports must be secured. o Air travel and entry points require security. o Noncitizens within U.S. borders to be accounted for. The DHS must coordinate the activities of different agencies responsible for border protection. o Custom Service o Immigration and Customs Enforcement o Coast Guard
Policy Disputes The 9-11 Commission Report addressed border security, recommending reforms. More than 500M people cross U.S. borders every year; 330M are foreigners. The system is unable to provide security or monitor foreigners in the U.S. An agency as broad as DHS will face criticism from various outside and inside groups with conflicting demands. DHS issues: o Deployment of personnel o Policies concerning international travelers o Responsibility of local agencies
Immigration Debate Boarder Security involves issues of: o Tightening entry of illegal immigrants o Tighter controls on immigration from countries that may harbor hostility toward the United States Diminyatz notes four major threats related to protection of the southern border: o Terrorism and weapon of mass destruction o Drug trafficking o Human smuggling o Infectious diseases
Immigration Debate Buchanan o Unregulated flow of immigrants from the southern border opens the door to terrorist infiltration and to destruction of American culture. To correct the situation, U.S. military forces should be deployed along the border until civilian law enforcement can be consolidated and effective barriers can be established. The federal government needs to form partnership with local law enforcement. o There is a danger this would impede effective local law enforcement which requires contacts within illegal immigrant communities.
Infrastructure Protection Clarke – There are a number of threats facing the nation’s infrastructure. o Information systems ▪ Most computer systems are vulnerable to viruses. o Internet and computer networks that support transportation and economic systems are also vulnerable to attack. ▪ Shut down electrical grids and computers – shut down transportation and communication o Energy ▪ The nation’s power system and technological organizations that support it are vulnerable to disruptions.
Private vs. Governmental Partnership Private industries (i.e., General Motors, Wal-Mart) have excellent information gathering and security systems. o Information used for competition and profit Private industries often share information with the government for the public good. o One-way flow of information Police forces need to be linked with security forces charged with infrastructure protection. Cybersecurity also requires expertise beyond the scope of most law enforcement agencies.
Infrastructure Protection All levels of law enforcement are faced with the problems of technical specialists and access to privately owned portions of the infrastructure. Links with the public and private organizations are necessary. Linkages should be developed in two crucial areas: o Police should be linked to the security forces already associated with infrastructure functions. o State and local law enforcement agencies must establish formal and informal networks with the organizations in their jurisdictions.
Thinking Internationally Terrorism is an abstract concept fluctuating according to political circumstances. Security forces require people with critical thinking skills. o Abstract reasoning skills o Knowledge of international politics and history ▪ Specialized expertise in particular regions Law enforcement agencies in the U.S. generally do not have skilled specialists. o Presents problems as DHS tries to create information networks.
Rivalries Federal agencies, at times, act more like rivals than partners. o 9-11 Commission noted this in its report. Federal agencies’ failure to cooperate with each other can influence local police relationships. Many police executives in the U.S. are not convinced the FBI is in partnership with efforts to stop terrorism. If law enforcement in the U.S. is to become part of homeland defense, the relationship between the FBI and local law enforcement must improve.
Local Control and Revenue Sources Civil libertarians believe consolidated police power will erode civil rights. Local government officials worry their agendas will be lost in the federal maze. Costs of homeland security responsibilities adds a level of frustration to local governments. o Some jurisdictions want homeland security money distributed evenly. o Larger jurisdictions argue that money should be distributed according to likelihood of attack. o Others are concerned that homeland security grants are given to local governments for bizarre reasons. ▪ $36,000 to the state of Kentucky to keep terrorists from infiltrating bingo halls.
Border Security: Critique and Reform Bureaucracies in the U.S. are squandering the opportunity to defend it. Flynn – U.S. has made two crucial mistakes: o Homeland security separated from national security. o Under-qualified personnel that cannot maintain national security. U.S. has not organized its resources for defense. Prepared to fight overseas while neglecting to protect the home front.
Border Security: Critique and Reform Flynn – According to the CIA, weapons of mass destruction would most likely be smuggled into the U.S. by sea. o Difficult to inspect all of the cargo containers in seaports. o Oceans represent an opportunity for terrorists. Bush administration has done very little to protect the nation’s seaports. o U.S., in 2004, spent more money every three days to fight the war in Iraq than it has in three years of protecting seaports.
Border Security: Critique and Reform Nation’s critical infrastructure remains open to attack. o Department of Defense, in 2005, was allotted $7.6 billion to enhance the fortifications of its bases. In the same budget, the infrastructure for the entire nation received $2.6 billion. o Dirty bombs and chemical threats can be developed from hazardous material. Over the past three years funds to secure the disposal of such material have been drastically reduced.
Border Security: Critique and Reform While enhanced border security is necessary, this alone will not protect the U.S. against a terrorist attack. Jihadists are fully aware of vulnerabilities in the infrastructure. Safest and most effect way to hit the U.S. is to hit the infrastructure. o Jihadists understand the economic effect of their actions.
Border Security: Critique and Reform Flynn – Development of an integrated system against terrorism would reduce the drug trade, contraband smuggling, and theft. Law enforcement agencies should look for weaknesses in the system, probe them, and make changes based on the results. Not every attack can be prevented; however, most terrorism can be deterred through cooperative partnership.
Successful Law Enforcement New approaches to the law enforcement mission: o Police must be prepared to look beyond the arrest situations to communicate intelligence beyond local jurisdiction. o Local police can expand their skills in detecting and reporting deceptive behavior. o Homeland Security must develop emergency response plans that would define roles and responsibilities to be put into place after an incident. o Joint terrorism Task Forces ▪ System that separates criminal and national security intelligence.
JTTF System The JTTF system may serve as an example for the first step in law enforcement cooperation. Regional units designed to combat terrorism combine o Local police officers o State police officers o Various federal police officers o Prosecutors o Correctional officers
JTTF System Local and state officers are given federal authority; these officers’ presence give federal agents the ability to act in local jurisdictions. Local police are in a perfect position to engage in intelligence gathering activities. o France o Germany o Canadians and British