In part one of our series on the Attack on America, we discussed the ancient and modern historical beginnings of the Attack on America and the Arab Menace.
In Part Two, we will focus on just one area where Liberalization of laws and attitudes toward law enforcement in our country has led to a huge weakness that terrorists happily and easily exploited to make the worst terrorist attack in our country's history.
We should caution the reader that the material in this report includes comments from extremely conservative sources and in of itself is an attack on liberal values. The bias is clear, however we want to make sure you know that we realize the bias is there.
Having said that, we also want to ensure you know our opinion matches the bias. If decades of liberalization had not taken place, and IF INS had been encouraged to take steps requested by their own border patrol, as well as conservative Senate and House officials during the Nixon and Reagan administrations, we would already have a database able to track illegal aliens, the ease in which aliens penetrate our country's borders would have never become the problem it is today, and unless terrorists recruited legal aliens or citizens already in the country, the terrorists would have been stopped at our border and most likely deported in criminal proceedings to countries where they were wanted for previous terrorist activities.
However, as this report will demonstrate, the immigration laws
protecting
our country in the 1950s, while still quite weak, have been weakened
further
by decades of over-sensitive, careless, and reckless abandon of liberal
lawmakers or more often policy makers, some Republican, some Democrat.
The Basis of Law
It is illegal for anyone without a U.S. entry visa to cross the borders and enter this country. This is a federal crime. In some states along the border, it also a state crime. The second offense in federal law is a federal felony. Counterfeiting entry documents (visa, work permit -- the green card, or passport) is also a federal crime.
Being found illegally in the U.S. is a federal crime, punishable by deportation, however, fleeing from an arresting officer is flight from arrest which is yet another federal crime which is punishable by up to one year in a federal prison. Battery upon an arresting officer while fleeing from a federal official is an attack on a federal law enforcement officer, resisting federal arrest, interfering with a federal investigation all of which are felonies, and each are punishable up to three years in federal prison.
In the era 1953 to 1965 few illegal immigrants captured in flight from federal officers (INS/border patrol) were charged with flight, however nearly all were deported. In cases where the illegal fought with local or federal law enforcement, or resisting arrest, served time in jail before being deported.
Exceptions were those few (less than one tenth of 1%) who could convince the Federal Judge at a deportation hearing that they were fleeing conditions which would allow them to seek and be granted asylum in the U.S.
There are a number of visa types. A few examples are
Changes in Policy
In the 15 years starting in 1958, the Federal Judges appointed to serve in the jurisdictions along the U.S. southern border were increasingly more liberal in their treatment of illegal aliens, with a 20% less interference and assault against a federal law enforcement conviction while at the same time the actual cases of interference and assault went up (FBI and INS figures).
During Ronald Reagan's administration, some 10 million illegal aliens were allowed amnesty. Those applying for amnesty were granted lengthy stays while waiting for their application to be processed and applications had amnesty for up to two years while applying for application.
Then, during the administration of Jimmy Carter, grants of immunity jumped 33% and official INS documents show the policy for immigration sweeps was modified to "chronic abuse cases or where citizen complaints clearly indicate a preponderance of evidence that illegal aliens..." may be found in a given location.
During the next ten years, the INS policy, was further weakened by
On the northern border, vehicle inspections netted the most of all illegal alien entry attempts on that border, however since mid 1970, there have been little or no patrols of waterways, nor inspections of pleasure craft crossing from Canada into the U.S., while a "vigorous" commercial inspection regime has inspected cargo and commercial ferry/passenger vessels at commercial and passenger terminals. Anyone wishing to illegally cross the border from Canada could simply rent or charter a boat and cross into the U.S. crossing the many small waterways or crossing the Great Lakes.
In the late 1980s, the budget for INS was reduced, resulting in lower number of border patrol officers being available to police invalid ports of entry (i.e. fenced or non fenced U.S. border locations in hills mountains or flatlands).
Also in the 1980s, an undocumented policy began to take effect as INS managers, looking at the statistics comparing stiff enforcement and career path found that it was best to make slow decisions to sweep or patrol, or to lessen sweep and patrol missions. Furthermore, a general malaise set in enforcement as careers were weighed against increasing legal challenges via out of control system allowing frivolous lawsuits and a public overly sensitive to minorities.
INS officers found that it was best not to put a fleeing illegal into custody or their careers would be jeopardized by managers who were not happy about paperwork involved by lawsuits brought by legal counsel provided by pro immigration support organizations for excessive force and battery on prisoners. Enforcement of already weak illegal detection regulations all but disappeared.
By the 1990s, the immigration policy in the United States was only
deporting
10% of illegal aliens estimated crossing into this country, and
conducting
sweeps at a rate 1/100 of the number of sweeps that had been occurring
in the late 1950s.
Today's Immigration Policy and Capabilities
When asked by homeland security director Tom Ridge to inspect all vehicles crossing into the U.S., the INS admitted they did not have enough personal to conduct such searches without deadlocking the border crossings. They requested aid, and National Guardsman were placed through special fast track training courses and then sent to the Northern and Southern borders. In the meantime INS began a crash hiring and training initiative that was to have begun replacing National Guardsmen at the border in May, 2002.
However, border crossings at illegal ports of entry are still a major breech in the border security. This is especially true in the northern waterways.
There are 30 million illegals in the U.S. as well as hundreds of thousands of illegals whose legal visa for entry has expired. The INS, in testimony before Congress admitted they have absolutely no means to track either, and in fact has had no means to provide electronic transfer of their data to the FBI who also has the authority to track down visa violators -- there are only isolated cases where the FBI and the INS have cooperated to do so -- usually high visibility or highly desirable individual captures -- such as requested by the DEA.
Recent Congressional attempts have begun to allow families of illegal aliens to remain together, out of detention and with extradition hearings synchronized so that any deportation will not separate families.
While many of these efforts are indeed more humane and more appropriate for a kinder immigration service, they serve to entice illegal crossings into this country rather than provide psychological and physical barriers to illegal entry. And in many of the cases cited, directly reward illegal entry-- that means subverts U.S. federal law.
Many contend that U.S. Federal Judges who aid in subversion of the law by extending benefits to illegals are themselves breaking the law and should face removal from office.
Immigration policies allow illegal aliens to apply for a visa to
study
in the United States without corporate sponsorship, that is, any
foreigner
may apply to take dental, aircraft mechanic's, electronic, or
commercial
pilot's training, simply by stating that is their intent. The INS
admits they are no checks to see if the student has the prerequisites
or
has even been admitted to the school they are applying to attend, not
to
mention whether the student arrived, attended, or dropped out.
This
same policy applies to our nation's full time colleges, except the INS
does require a full time college to endorse the application --
confirming
the alien has matriculated -- prior to approval. However,
little
or no effort is made to verify or prosecute forged application
documents.
Political Correctness and The Effects on Law Enforcement
We have seen what political correctness has done to our country and the world -- but some doubt PC has really been a problem -- we've even been told that it is a red herring created by the right to foist White Supremacist ideals. However, take a look at the current uproar over the May release of Star Wars II: Attack of the Clones 5. Several different minority groups have complained that George Lucas had concealed hidden anti minority messages in this film. If this isn't creating problems where none exists, then we should believe revisionists that say Egypt was really run by the same black Africans that later became slaves when transported to America and that we need to give all descendants of American slaves the tourist revenues from the pyramids over the centuries since the African slave trade began. Oh yeah, and all the tobacco revenues, cotton revenues, and a healthy portion of your tax dollars. The point of our argument here is that PC is so rampant that liberals will attack anyone who even by incredible leaps of "logic" lead us to the conclusion that some sort of racial slur or attack on minorities is taking place. The ultra sensitivity may have in fact been responsible for the U.S.' lead anti terrorist agency from doing its job aggressively and thus failed to follow leads that might have caught the terrorists who hijacked the 9/11 aircraft.
In her heartfelt desire to do her patriotic duty, Coleen Rowley, an
FBI legal officer, wrote a memorandum to FBI Director Mueller to help
pinpoint
problems with the FBI. In her memo4,
she was extremely critical of Political Correctness both in terms of
the
use of PC techniques by liberal organizations acting against so called
racial profiling and in its effects which prevented higher ups from
granting
agents requests to apply for search warrants that 40 years ago would
never
have been ignored. The inability of the FBI, due to its
management's
gutless refusal to standup against political correctness prevented the
lead federal anti terrorist agency in the U.S. from aggressively
following
up on leads and quite possibly prevented the FBI from preventing the
9/11
attacks. Further, FBI management unable to admit there was a
problem
to be worked, certainly was unable to report their evidence to the
office
of the Director of Central Intelligence, whose job it is to compile and
analyze all data for presentation to the executive branch and other
users
of data from our country's intelligence community.
Other Benefits Enticing Illegal Immigration
In border states like California, New Mexico and Texas, liberal policies for treatment of illegals at the state level have done more to increase the rate of illegal entries then ever before. In California, public medical treatment for the indigent has ceased checking for identification which would show citizenship, or valid alien registration. Ability to pay is the only check made for care in some hospitals, and those required to provide medical care to the needy have begun a "don't ask" policy. Of the 30 million illegals in the U.S., some 85% qualify for most medical benefit programs targeted at the needy. The result is that tax paying citizens no longer have access to emergency room treatment on a timely basis unless triage indicates their life is at risk. Emergency room attendants -- doctors, nurses, residents, students and aids -- are swamped. The already high stress level in these occupations has been dramatically increased by the sheer volume of "business" and many are leaving the emergency care work force in order to survive.
Emergency rooms have been closing around the nation for the last two decades, because while policies to no longer check for proper identification have been more humane to illegals, there have not been matching funds to pay for the increase in care required. Hospital finances have taken dramatic turns for the worse, both due to lower than required employee health benefit plans and the care for needy patients who simply cannot pay.
Reports of Mexico's authorities issuing "survival kits" to those intending to cross into the U.S. have been verified by materials found on illegals in the last 9 months. Kits can include a pamphlet listing phone numbers and names of organizations who will fund and provide lawyers to aid the illegal in fighting deportation and where illegals can go to find employers who are willing to hire illegals. The kits also include identification that can now be used in several southern California counties as valid identification to police, preventing the street cop from turning over an illegal to INS for deportation. Some states are in the process of issuing driver's licenses based upon this identification, thereby making it possible for lax checks at companies to permit illegals to work as well as allowing illegals to transport more illegals or in the case of terrorists, more terrorists and weapons.
All this is important, not because the United States needs to be anti Mexican or specially target Mexican illegals, but because it is all indicative of the incredible border problem. If millions of Mexican illegals are crossing the border, it is clear that anyone wanting to gain entry to the U.S. illegally will find it possible to do so using the more successful methods used by Mexican illegals. In fact, it is almost child's play to find a safe route into the U.S. from Mexico. Take for instance, the tunnels3 and off road paths that have regular traffic locals watch at night wondering where the Border Patrol is and what they are up to -- one resident we talked to recently says, "...they sure as hell ain't patrolling here!"
Similarly, illegals crossing on the Northern border, for instance
across
waterways or the Great Lakes find little or no opposition.
Granted
a commercial vehicle is probably not going to be the easy method of
crossing.
However just about any pleasure craft can putt across a waterway and
deliver
a terrorist to the opposite shore. The components of any type of
Nuclear, Biological or Chemical -- NBC weapon could easily be
transported
in this fashion and then assembled anywhere in the U.S. the terrorist
wishes
to target.
Changing the System
How do we change the system? Liberals would have us believe that we can't. Just give up. The truth is that the sentiment is reasonable only if you are unwilling to take steps that might make some Americans and many visitors to America uncomfortable. MILNET has been increasingly alarmed by lack of movement in directions that could help prevent a wide spectrum of terrorist terrorist attacks from succeeding. For instance, random searches at airports hide the fact that few bags are being x-rayed before being put on planes despite federal laws mandating just that. An airline industry which has been under pressure for years to improve their traveler safety has ignored, again this latest requirement to change. The excuse? The machines couldn't be delivered in time.
The case of terrorist Richard Reid clearly points out that our personal body inspection techniques are worthless. Monthly terminal evacuations since 9/11 due to lax or frankly stupid security mistakes point out that while the security workforce at terminals have been federalized, 95% of the same people are still on the job -- with the same level of incompetence that existed before. This despite the fact that the hijacking of airliners hijacked could not have been prevented by even the so called vigorous inspection regime we undergo today. An airliner could have been hijacked with a realistic looking plastic toy gun on 9/11, and thin plastic gun would never have been detected if carried in a pocket MILNET has proven plastic toy gun can be passed through the current inspection regime via recent experimentation in airline travel. Today, of course, even a real pistol would probably not be effective in aiding a terrorist to hijack an airliner -- we now know what is at stake. Indeed Richard Reid's capture is indicative of how passengers and crew are now ready to take on hijackers on a personal basis to prevent hijacking. It is disturbing that officials point to this proudly as evidence we are improving. Pure bull. If Reid had been captured by an Air Marshall, then perhaps they would have something to crow about. Unless the U.S. government is proposing that vigilantes are the solution to our terrorist problem, then the government must bear the responsibility for fighting terror here at home. So far, their track record is not only dismal but disgusting.
So what are we left with. Vigilante Justice? Hardly acceptable. However, if we simply enforce the laws that exists today we will go a long way toward improving our chances of prevention. One way to start rooting out the problem is to follow the biggest lead we have today. It doesn't take a brain surgeon to figure out that Islamic extremists preaching the violent Jihad are breeding domestic Islamic terrorists in our near future. We need to put an end to that. The Muslim community in America who are, in the majority, pious and good hearted, need to expose those in their communities who are a danger to them and America.
The liberalization of immigration policies has gone far across the line of rationale. And new policies unsupported by law modifying investigative procedures must be changed. And new laws or local law that prohibits law enforcement and investigators from doing their job need to be reviewed. The test for reasonableness should be something along the lines of "if a law enforcement official cannot investigate those who would incite violence or reduce the number of suspects in a crime or prevent a crime about to be committed by observation, then the law has gone too far in protecting the individual's right and should be repealed.".
With the ability to observe, comes the ability to detect those conducting conspiracy. More intrusive means of surveillance can then be used to prevent the crime. This is how law enforcement can prevent crime. This is how law enforcement used to prevent crime. Today, we have safeguards in place to prevent abuse -- for instance the law requires a federal wiretap review by a Federal judge before a wiretap can be put in place. Observation of probable cause allows the law enforcement agency to make the request. The hunt for terrorists should proceed in similar fashion. An émigré' who fits the profile we associate with a Middle Eastern Islamic terrorist should be able to be observed. If probable cause is uncovered, then further surveillance should be permitted. However, the reality today is that some law enforcement agencies, without benefit of legal restraint rather restrained by careerism or simply the fear of persecution by liberal extremists using a system supporting ludicrous law suits, have defined policies that recognize political comfort over constituent safety. This has to end as well.
Take for example the memo4 written to FBI Director Mueller by Coleen Rowley, the legal counsel for the Minnesota FBI office that uncovered alleged Terrorist Zacarias Moussaoui and essentially had one of the key pieces of the puzzle to catch the 9/11 terrorists before their attack. They were unable to get approval to seek a search warrant to invade Moussaoui's computer, which might have given them evidence of money trails, email transactions or other clues that would have led to the conspiracy. She strongly accuses the FBI of having HQ personnel more afraid for their careers than protecting U.S. citizens. She even reminds the Director of what the term "careerism" means. Risking career and friendships herself, Ms. Rowley tells it like it is. This information, taken along with the reports from the Phoenix office of terrorists taking flight training, never shared by the two offices (another HQ failure) has led FBI Director Mueller and U.S. Attorney General John Ashcroft to quickly draft changes to the FBI organization. On May 29, 2002, the two will hold a news conference to discuss changes they believe are necessary.
Or take the case where right after 9/11 authorities wished to interview the Muslim community in the U.S. in order to verify or discover new leads to Islamic terrorists. A number of local or state law enforcement agencies refused to cooperate citing policies that prohibited them from making such basic investigations. The policies, not codified in law, were enacted by departments wishing to conform to local liberal interpretation of what political correctness demands. Amazingly, yet not surprising to those who have watched over the years, no action was taken by Federal officials while these state and local agencies interfered with Federal investigations, a felony. And there was not outcry by citizens in those jurisdictions for their safety and security. Like lemmings some in the public sector seem to be more than happy to sacrifice their security for an over-abundance of sensitivity to minorities.
Third we need to fully revamp our incredibly inept immigration policies and management. Beyond the investigation of suspects, we need to ensure we have a list of suspects to begin with. Anyone traveling to and in the U.S. on any type of Visa should be reviewed as a possible threat. 95% will be eliminated quickly. The other 5% should be subject to further investigation. Anyone who has not left the U.S. when their visa has expired, should be considered a potential terrorist and placed in custody immediately until investigation proves otherwise. The only way to make this happen is to institute a tracking mechanism as well as a limiting travel without proper identification. Visa holders should not be able to use long distance travel without biometric ID.
Travelers in U.S. airports, train depots and bus depots who wish to avoid oppressive and close personal body searches should submit to being identified with a biometric traveler's ID. Those who protest the requirement for the card will instead submit to close scrutiny and searches.
Looking north, the border of Canada is almost comical, if it wasn't so serious. Newsweek author Stephen Brill has written a "all guns firing" review 2 of INS and focuses on the Northern border as an example of how ludicrous our border security is. Reading this will make you want to cry.
The border with Mexico is not comical, it is a disgrace. Clearly, the managers responsible for managing that border have failed in their duties. They should be fired one section at a time, replaced, trained, and then move on to the next section. This should be done over a period of six months. Punishment for illegal entry into the U.S. should be severe hard labor for six months and confinement when they return home. If the Mexican government does not agree, then we close the border with Mexico and suspend trade and travel. And the problem isn't at the legal border crossing, which the INS proudly points to as a landmark of cooperation between INS and U.S. Customs, but at the "illegal ports of entry".
Along with the border aspect comes the actual policies that allow
anyone
to apply for a visa to come to the United States. Until quite
recently,
there was little chance that a terrorist would be refused a student
visa
or work visa in the United States. And continuing today is the
inability
for the INS to inform the FBI that an alien has entered the country and
overstayed their visa, nor is there anyway to make an electronic
transfer
of the illegal's data to the FBI's criminal database. And
finally,
once in the U.S., a terrorist who decides stay in the U.S. beyond the
limitations
of their visa, until recently, had little to fear, because it appears
the
INS could take between six to twelve months to report the fact!
One
could imagine that if asked INS management might provide the perfect
answer,
"...but that would be illegal." as if a terrorist was concerned they
would
be breaking the law.
Summary of the Problems
Today we are faced with eight major problems which will restrict U.S. agents from preventing or tracking down terrorists entering our country:
Changes Afoot
In April of 2002, the U.S. INS Director and the Attorney General announced that there would be a series of changes in the INS in response to problems identified post 9/11. These changes include:
Lawmakers will be designing two new agencies to replace the huge bureaucracy that is now in charge of two basic missions:
Sources:
© Copyright 2002, MILNET