Chapter 15: Law Enforcement Bureaucracy and Homeland Security

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Chapter 15Law Enforcement Bureaucracy and
Homeland Security
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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

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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).

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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.

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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

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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

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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

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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.

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Infrastructure Protection

• Clarke There are a number of threats facing the
  nations 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 nations power system and technological
  organizations that support it are vulnerable to
  disruptions.

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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.

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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.

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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.

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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.

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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.

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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.

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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 nations 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.

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Border Security Critique and Reform

• Nations 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.

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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.

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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.

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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.

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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

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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