Chapter 15: Law Enforcement Bureaucracy and Homeland Security

1. Chapter 15:Law Enforcement Bureaucracy and Homeland Security

2. The Bureaucracy Challenge • Currently, a variety of Senate and House committees are responsible for different aspects of security in the U.S. • Federal, state, local, tribal agencies and private corporations • Max Weber • 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 • Efficiency of consolidating power • Efficiency of decentralized services

3. 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).

4. 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. • 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.

5. Border Protection • Borders of the U.S. are vulnerable in several areas: • Long stretches of unprotected areas along the northern and southern borders are wide open for infiltration. • Over 300 seaports must be secured. • Air travel and entry points require security. • Noncitizens within U.S. borders to be accounted for. • The DHS must coordinate the activities of different agencies responsible for border protection. • Custom Service • Immigration and Customs Enforcement • Coast Guard

6. 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: • Deployment of personnel • Policies concerning international travelers • Responsibility of local agencies

7. Immigration Debate • Boarder Security involves issues of: • Tightening entry of illegal immigrants • 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: • Terrorism and weapon of mass destruction • Drug trafficking • Human smuggling • Infectious diseases

8. Immigration Debate • Buchanan • 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. • There is a danger this would impede effective local law enforcement which requires contacts within illegal immigrant communities.

9. Infrastructure Protection • Clarke – There are a number of threats facing the nation’s infrastructure. • Information systems • Most computer systems are vulnerable to viruses. • 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 • Energy • The nation’s power system and technological organizations that support it are vulnerable to disruptions.

10. Private vs. Governmental Partnership • Private industries (i.e., General Motors, Wal-Mart) have excellent information gathering and security systems. • Information used for competition and profit • Private industries often share information with the government for the public good. • 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.

11. 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: • Police should be linked to the security forces already associated with infrastructure functions. • State and local law enforcement agencies must establish formal and informal networks with the organizations in their jurisdictions.

12. Thinking Internationally • Terrorism is an abstract concept fluctuating according to political circumstances. • Security forces require people with critical thinking skills. • Abstract reasoning skills • Knowledge of international politics and history • Specialized expertise in particular regions • Law enforcement agencies in the U.S. generally do not have skilled specialists. • Presents problems as DHS tries to create information networks.

13. Rivalries • Federal agencies, at times, act more like rivals than partners. • 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.

14. 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. • Some jurisdictions want homeland security money distributed evenly. • Larger jurisdictions argue that money should be distributed according to likelihood of attack. • 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.

15. 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: • Homeland security separated from national security. • 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.

16. 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. • Difficult to inspect all of the cargo containers in seaports. • Oceans represent an opportunity for terrorists. • Bush administration has done very little to protect the nation’s seaports. • 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.

17. Border Security: Critique and Reform • Nation’s critical infrastructure remains open to attack. • 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. • 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.

18. 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. • Jihadists understand the economic effect of their actions.

19. 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.

20. Successful Law Enforcement • New approaches to the law enforcement mission: • Police must be prepared to look beyond the arrest situations to communicate intelligence beyond local jurisdiction. • Local police can expand their skills in detecting and reporting deceptive behavior. • Homeland Security must develop emergency response plans that would define roles and responsibilities to be put into place after an incident. • Joint terrorism Task Forces • System that separates criminal and national security intelligence.

21. 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 • Local police officers • State police officers • Various federal police officers • Prosecutors • Correctional officers

22. 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. • France • Germany • Canadians and British