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U.S. Customs and Border Protection

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Agency overview
Customs and Border Protection

Formed	March 1, 2003
Preceding Agencies	United States Customs Service Immigration and Naturalization Service
Headquarters	Washington DC
Employees	48,551 (2007)
Annual Budget	$10.1 Billion (2008 Budget)
Agency Executives	W. Ralph Basham, Commissioner Jayson P. Ahern, Deputy Commissioner
Website
www.cbp.gov

U.S. Customs and Border Protection (CBP), an agency of the United States Department of Homeland Security, is charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. trade laws. Its other primary mission is preventing terrorists and terrorist weapons from entering the United States. CBP is also responsible for apprehending individuals attempting to enter the United States illegally, stemming the flow of illegal drugs and other contraband, protecting the United States agricultural and economic interests from harmful pests and diseases, and protecting American businesses from theft of their intellectual property.

1 Mission
2 Organization
3 History
4 Equipment
5 See also
6 References
7 External links

Mission

Within the Department of Homeland Security, CBP protects the Borders of the United States from terrorism, human and drug smuggling, illegal immigration, and agricultural pests while simultaneously facilitating the flow of legitimate global trade and international travel. As the United States’ single unified border agency, CBP helps protect the security of the American people and economy. Nearly 44,000 CBP employees work to secure the nation’s borders both at and between the official ports of entry and also to extend the zone of security.

Border security

CBP is responsible for guarding 7,000 miles of land border the United States shares with Canada and Mexico and 2,000 miles of coastal waters surrounding the Florida peninsula and off the coast of Southern California. The agency also protects 95,000 miles of maritime border in partnership with the United States Coast Guard. Border security is composed of more than 13,000 CBP Border Patrol agents and CBP Air and Marine agents, approximately 20,000 CBP officers and agriculture specialists, and the largest law enforcement canine program in the United States. CBP officers protect America’s borders at official ports of entry, while CBP’s Border Patrol agents work to prevent illegal entry into the United States of people and contraband between the ports of entry. CBP Air and Marine, which manages the largest law enforcement air force in the world, patrols the land and sea borders to stop terrorists and drug smugglers before they enter the United States. CBP agriculture specialists work to prevent the entry of exotic plant and animal pests, and confront emerging threats in agro- and bioterrorism.

Criticism

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CBP Chemists and Textile Analysts who work in the Office of Information and Technology (OIT) were told to write Official Laboratory Reports without the proper training or expertise in commodities entering the nation's borders. See Junk Science. The CBP has been accused of failing to protect U.S. consumers from risks such as:

lead in toys^[1],
poisons in dog and cat food^[2],
poisons in imported fish^[3] and
the false positives radiation detectors at our nation’s ports ^[4].

When one chemist reported his lack of expertise to the Executive Director of Laboratories and Scientific Services, he was fired without an official investigation, for insubordination.^[5]

During a Federal Court Case for unlawful removal, CBP and U.S. Justice Attorneys cited the U.S. Supreme Court Case of Garcetti v. Ceballos, 04-473 that ruled that government CBP employees do not have protection from retaliation by CBP managers under the First Amendment of the Constitution. The free speech protections of the First Amendment have long been used to shield whistleblowers from retaliation. In response to the Supreme Court decision of Garcetti v. Ceballos, the House of Representatives passed H.R. 985, the Whistleblower Protection Act of 2007 and the Senate passed its version of the Whistleblower Protection Act (S. 274), which has significant bipartisan support.

Poster in support of whistleblower legislation

SBInet

The underlying framework for securing the borders is based on strategic plans. It is also based on initiatives such as the Secure Border Initiative’s SBInet program. Through SBInet, private industry provides a border control strategy based on personnel, infrastructure, and technology. The CBP aims to:

prevent terrorists and their weapons from entering the United States,
apprehend people who illegally attempt to enter the United States,
seize illegal drugs and other contraband, and
protect United States agriculture from harmful pests and diseases.

While carrying out its priority anti-terrorism mission, CBP must also work to facilitate the movement of legitimate trade and travelers, as the agency processes all people, vehicles and cargo entering the United States. On a typical day in fiscal year 2006, CBP processed approximately 1 million passengers and pedestrians; 71,000 containers; 327,000 privately owned vehicles; and 85,000 shipments of goods approved for entry. CBP screens all travelers entering the United States using a risk-based approach. Automated advance data combined with intelligence and new biometric travel documents facilitate travel while protecting the borders. In addition, CBP has established expedited traveler programs that facilitate the entry process for frequent travelers who have undergone prior screening of their biographical and biometric data. The agency also seeks to protect the U.S. from illegitimate international travel. CBP recently established the Office of Alien Smuggling Interdiction, as a means of fighting human trafficking and smuggling. The agency gathers advance data regarding incoming and outgoing people, conveyances and goods to focus its law enforcement resources on high-risk individuals and items. The agency also uses technology such as non-intrusive inspection devices. CBP established the National Targeting Center (NTC) in October 2001 as an anti-terrorism tool, consolidating and analyzing information across several agencies to help prevent further acts of terrorism and national security concerns. The NTC uses automated risk management at a national level to provide tactical targeting expertise to support anti-terrorism efforts.

Facilitating trade

Trade and tariff laws are enforced by CBP import and entry specialists and other trade compliance personnel. This helps to ensure that industry operates in a fair and competitive trade environment. Trade-related activities include:

protecting U.S. businesses from theft of intellectual property and unfair trade practices,
collecting import duties, taxes and fees
enforcing trade laws related to admissibility,
regulating trade practices to collect the appropriate revenue,
maintaining export controls, and
protecting U.S. agricultural resources via inspection activities at the ports of entry.

The agency also maintains an intellectual property rights (IPR) enforcement program that devotes substantial resources to combating trade in counterfeit goods at United States borders and around the world. CBP facilitates trade through partnership programs such as Importer Self-Assessment and account management, which helps frontline personnel facilitate the movement of legitimate, compliant trade and allows them to focus on those shipments that may present a risk to the United States.

Defending the border internationally

Moreover, CBP is partnering with foreign countries to expand America’s zone of security, promoting government and private-sector partnerships that permit screening of cargo and people beyond United States borders. As part of the Container Security Initiative, CBP officers pre-screen shipping containers at major international seaports to keep terrorist weapons and other contraband from entering the United States. Under the Customs -Trade Partnership against Terrorism, importers who meet certain security standards are provided expedited processing benefits, enabling CBP to facilitate legitimate trade while focusing resources on unknown or high-risk shipments. As part of the Immigration Advisory Program, CBP officers at major foreign airports monitor boarding for U.S.-bound flights to prevent criminal aliens from arriving in the United States, and to advise and assist the air carriers on matters related to U.S. Entry Requirements. Through the Carrier Liaison Program (CLP), CBP partners with transportation carriers to fight illegal migration. CLP provides carrier staff with training classes that include lessons in document requirements for entry to the United States and how to detect fraud. CBP also shares its expertise to build the capacity of counterpart border control agencies to undertake enforcement measures that improve the security of trade and travel worldwide. Moreover, agency attachés and representatives staff embassies overseas to assist in building support for and compliance with CBP programs.

On a typical day

On an average day in fiscal year 2006, CBP: Processed—

1.1 million passengers and pedestrians, including 680,000 aliens
70,900 truck, rail and sea
240,737 incoming international air passengers
71,151 passengers/crew arriving by ship
327,042 incoming privately owned vehicles
85,300 shipments of goods approved for entry
$84,400,000 in fees, duties and tariffs.

Executed—

63 arrests at ports of entry
2,984 apprehensions between ports for illegal entry

Seized—

3,788 pounds of narcotics in 20 seizures between ports of entry
$157,800 in undeclared or illicit currency and
$646,900 worth of fraudulent commercial merchandise at ports of entry
4,462 prohibited plant materials or animal products, including 147 agricultural pests at ports of entry

Refused entry of—

574 non-citizens at ports of entry
63 criminal aliens attempting to enter the United States

Intercepted—

71 fraudulent travel documents
20 smuggled aliens

Rescued—

8 illegal crossers in distress or dangerous conditions between ports of entry.

Deployed—

1,264 canine enforcement teams
8,075 vehicles, 260 aircraft, 215 watercraft, and 202 equestrian patrols.

Organization

Customs and Border Protection has a workforce of over 40,000 employees, including Officers, canine enforcement officers, Border Patrol agents, aircraft pilots, trade specialists, and mission support staff. Presently there are 317 officially designated ports of entry and an additional 14 pre-clearance locations in Canada, Ireland and the Caribbean. CBP is also in charge of the Container Security Initiative, which identifies and inspects foreign cargo in its mother country before it is to be imported into the United States. The four major "offices" operating under CBP are:

The Office of Field Operations (OFO); headed by Assistant Commissioner Thomas S. Winkowski.
The Office of Border Patrol (United States Border Patrol); headed by Chief of the Border Patrol David V. Aguilar.
The Office of CBP Air & Marine; headed by Assistant Commissioner Michael C. Kostelnik.
The Office of Intelligence and Operations Coordination (OIOC); headed by Assistant Commissioner Rodney Snyder. Began operating in September 2007, following the merger of the former Offices of Intelligence and Anti-Terrorism.

CBP Canine Enforcement Program (CEP) within the OFO conducts the largest number of working dogs of any Federal Law Enforcement Agency. K-9 teams are assigned to 73 commercial ports and 74 Border Patrol stations throughout the nation.^[6]^[7]

History

U.S. Customs Service

U.S. Customs Inspectors, late 1800s

Responding to the urgent need for revenue following the American Revolutionary War, the First United States Congress passed and President George Washington signed the Tariff Act of July 4, 1789, which authorized the collection of duties on imported goods. Four weeks later, on July 31, the fifth act of Congress established the United States Customs Service and its ports of entry. For nearly 125 years, the U.S. Customs Service was the primary source of funds for the entire government, and paid for the nation's early growth and infrastructure.^[8] Purchases include the Louisiana and Oregon territories; Florida and Alaska; funding the National Road and the Transcontinental Railroad; building many of the United States' lighthouses; the U.S. Military and Naval academies, and Washington, D.C.

Immigration and Naturalization Service

Immigration inspectors, circa 1924

Shortly after the American Civil War, some states started to pass their own immigration laws, which prompted the U.S. Supreme Court to rule in 1875 that immigration was a federal responsibility. The Immigration Act of 1891 established an Office of the Superintendent of Immigration within the United States Department of the Treasury. This office was responsible for admitting, rejecting, and processing all immigrants seeking admission to the United States and for implementing national immigration policy. 'Immigrant Inspectors', as they were called then, were stationed at major U.S. ports of entry collecting manifests of arriving passengers. A 'head tax' of fifty cents was collected on each immigrant. Paralleling some immigration concerns of today, back in the early 1900s Congress's primary interest in immigration was to protect American workers and wages: the reason it had become a federal concern in the first place. This made immigration more a matter of commerce than revenue. In 1903, Congress transferred the Bureau of Immigration to the newly created Department of Commerce and Labor. After World War I, Congress attempted to stem the flow of immigrants, still mainly coming from Europe, by passing laws in 1921 and 1924 limiting the number of newcomers by assigning a quota to each nationality based upon its representation in previous U.S. census figures. Each year, the U.S. State Department issued a limited number of visas; only those immigrants who had obtained them and could present valid visas were permitted entry. President Franklin D. Roosevelt moved the Immigration and Naturalization Service from the Department of Labor to the Department of Justice in 1940.

Reorganization (2003 to present)

CBP Officers conducting traveller examinations

CBP became an official agency of the United States Department of Homeland Security on March 1, 2003, combining employees from the United States Department of Agriculture, the United States Immigration and Naturalization Service (specifically, Immigration Inspectors and the United States Border Patrol), and the United States Customs Service. CBP is headed by Commissioner W. Ralph Basham. Basham was nominated by President George W. Bush on January 30 2006 to be the next CBP Commissioner. Basham has 28 years of experience as a law enforcement manager. His experience includes serving as the head of the Secret Service and the Federal Law Enforcement Training Center. He has also served as the Chief of Staff for the Transportation Security Administration. Customs and Border Protection Officers are armed with 9mm Glock 17 and .40 Heckler & Koch P2000 pistols (the H&K are issued to new Officers; the GLOCK 17's are to be phased out and replaced over time), expandable batons (ASPs) and oleoresin capsicum (OC) pepper spray and are trained at the Federal Law Enforcement Training Center and enforce over 450 laws. CBP Officers have full arrest authority. CBP seizures and criminal cases are investigated by U.S. Immigration and Customs Enforcement, or ICE, which is CBP's sister agency. As CBP officers perform the duties of law enforcement officers, they are now able to receive federal law enforcement pay and retirement benefits.

Employee morale

CBP officers at a ceremony

In July 2006, the Office of Personnel Management conducted a survey of federal employees in all 36 federal agencies on job satisfaction and how they felt their respective agency was headed. DHS (which includes CBP) was last or near to last in every category including;

36th on the job satisfaction index
35th on the leadership and knowledge management index
36th on the results-oriented performance culture index
33rd on the talent management index

The low scores were attributed to major concerns about basic supervision, management and leadership within DHS. Based on the survey, the primary concerns are about promotion and pay increase based on merit, dealing with poor performance, rewarding creativity and innovation, and the inability of leadership to generate high levels of motivation in the workforce, recognition for doing a good job, lack of satisfaction with various component policies and procedures and lack of information about what is going on with the organization and complaints from the traveling public.^[9] ^[10] In June 2007 CBP Commissioner W. Ralph Basham announced to employees that the agency would be conducting 125 different focus groups in 12 different cities around the country to better understand their concerns as expressed in the Human Capital Survey. The agency is also going to give employees who are not a part of that focus group process a virtual focus group where they can go on the intranet and express their views and their concerns. The Commissioner stated: "We are looking at this very seriously. We want to hear from the employees, we want to hear from these focus groups, we want to drill down on this survey." As of late 2007, none of this has taken place. A November 2007 Government Accountability Office report shows that low staffing, training, and overwork is a large problem within CBP, and an average of 71 officers leave the service every two weeks.[1]

Equipment

CBP Air and Marine Intrepid and SafeBoat vessels accompanied on patrol by a UH-1 Huey near San Diego, Calif.

Unmanned aerial vehicle (CBP Air and Marine Unmanned Aircraft System) - MQ-1 Predator

CBP agriculture specialists doing lab work

CBP BORSTAR canine team conducting rappel training

Vehicle	Country of Manufacture	Type
MQ-1 Predator	United States	UAV
Bell Helicopters UH-1 Huey	United States	helicopter
Marine Intrepid	United States	marine craft
Safe Boat International Walk Around Cabin / Safe Boat International RB-S "Defender" Class	United States	marine craft
Ford Crown Victoria	United States	cruiser
Chevrolet Silverado Chevrolet Tahoe / Chevrolet S-10 Blazer	United States	SUV
MD Helicopters MD 500	United States	helicopter
Dodge Ram Van	United States	van
Jeep YJ	United States	utility vehicle
AM General Hummer	United States	SUV
Eurocopter Ecureuil	France	light utility helicopter