Tag: dhs

The Effort to Bring TSA Under Law

Four years ago, the U.S. Court of Appeals for the D.C. Circuit ordered the U.S. Department of Homeland Security to consider the public’s input on its policy of using strip-search machines for primary screening at our nation’s airports. The TSA had “advanced no justification for having failed to conduct a notice-and-comment rulemaking,” the court found. It ordered the agency to “promptly” proceed in a manner consistent with its opinion.

Over the next 20 months, the TSA produced a short, vague paragraph that did nothing to detail the rights of the public and what travelers can expect when they go to the airport. At the time, I called the proposed rule “contemptuous,” because the agency flouted the spirit of the court’s order. In our comment on the proposed rule, Cato senior fellow John Mueller, Mark G. Stewart from the University of Newcastle in Australia, and I took the TSA to task a number of ways.

The comment period on that proposal closed more than two years ago, but the TSA has still not proceeded to finalizing its rule. Continuing the effort to bring the TSA under the rule of law—and into the world of common sense—the Competitive Enterprise Institute filed suit against TSA yesterday, asking the court to require the agency to finalize its strip-search machine rule within 90 days.

Two Years On, the TSA Is Still Not Subject to Law

Two years ago tomorrow, the Transportation Security Administration stopped accepting comments on its proposal to use “Advanced Imaging Technology” for primary screening at airports. The end of the comment period on nude body scanning would ordinarily promise the issuance of a final rule that incorporates knowledge gained by hearing from the public. But this is no ordinary rulemaking. This is an agency that does not follow the law.

It was almost four years ago that the U.S. Court of Appeals for the D.C. Circuit ordered TSA to do a notice-and-comment rulemaking on its nude body scanning policy. Few rules “impose [as] directly and significantly upon so many members of the public,” the court said in ordering the agency to “promptly” publish its policy, take comments, and consider them in formalizing its rules.

Injunction against Obama’s Immigration Action: Policy and Political Consequences

U.S. District Court Judge Andrew Hanen granted a preliminary injunction to block the implementation of President Obama’s executive actions on immigration – specifically the DAPA program and his expansion of DACA - until he decides on their legality.  Constitutional scholars are going to be writing about this for the near future (I recommend reading Josh Blackman’s comments here and our Cato brief here) and the appeals will come quickly.  In the midst of this lively debate, the political and policy consequences of Judge Hanen’s ruling should not be ignored. 

The political consequences could be immediate.  Speaker Boehner could use this moment of GOP “victory” to pass a clean DHS funding bill as he hides behind the preliminary injunction.  It could tone down the intensity of the political debate on Capitol Hill now that the courts will decide DACA/DAPA’s future.  The GOP does not have the votes to force the Democrats to accept defunding either of those programs.  This preliminary injunction allows Speaker Boehner to stop the DACA/DAPA defund fight while claiming some victory and avoiding the defeat he seems to be preparing for.  Now he can leave it to the courts with some confidence, more than he is likely to be feeling right in the DHS defunding fight, that they will rule in the GOP’s favor in a few weeks.  Regardless, this provides an opportunity for Boehner to skip the bruising DHS funding fight without suffering a political rout.

Interpreting the New Deportation Statistics

Shortly before Christmas the Department of Homeland Security (DHS) released a report detailing deportations (henceforth “removals”) conducted by Immigration and Customs Enforcement (ICE) during fiscal year 2014.  Below I present the data on removals in historical context – combined with information from the Migration Policy Institute and Pew.  See my previous writings on this topic here and here.       

ICE deported 102,224 unauthorized immigrants from the interior of the United States in 2014, down from a peak of 188,422 in 2011.  Removals from the interior are distinct from removals of recent border crossers.  Removals from the interior peaked during the Obama administration and have since fallen to a level equal to that of 2007. 

Source: MPI and DHS.

The number of interior removals under the last six years of the Bush administration (the first two years are unavailable so far) was about 475,000.  From 2009-2014, the Obama administration removed about 950,000 from the interior of the United States.  

President Bush’s administration removed an average of about 276,000 unauthorized immigrants per year for the years available and an average of 79,000 of them annually were interior removals.  President Obama’s administration has removed an average of 405,000 unauthorized immigrants a year, an average of 158,000 of them annually were interior removals.  There were a large numbers of unknowns during the Bush administration that decreased as the years progressed. 

 

Source: MPI and DHS.

The Obama administration’s recent decrease in the number of interior removals is not the whole story.  The best way to measure the intensity of immigration enforcement is to look at the percentage of the unauthorized immigrant population removed in each year.  Based on estimates of the total size of the unauthorized immigrant population, 0.89 percent of that population was removed from the interior of the United States in 2014 – down from 1.15 percent in 2013. 

 

Source: MPI, Department of Homeland Security, Pew, Author’s Calculations. 

For every year for which data was available, the Bush administration removed an average of 0.7 percent of the interior unauthorized immigrant population.  President Obama’s administration has removed an average of 1.39 percent of the interior unauthorized immigrant population every year of his presidency – about twice the rate as under the Bush administration.  Even when focusing on interior removals, President Obama is still out-deporting President Bush based on the data available.

The unauthorized immigrant population increased under the Bush administration from 9.4 million in 2001 to a peak of 12.2 million in 2007 and then declined to 11.7 million in 2008.  During Obama’s administration, the number of unauthorized immigrants has, so far, stayed at or below 11.5 million.    

Obama’s interior removal statistics show a downward trend beginning in 2012 through to 2014.  The Obama administration has also focused immigration enforcement on criminal offenders (not all unlawful immigrants are criminals) but the data is a little difficult to disentangle for 2014 so I left it out of this blog post – stay tuned for a future one on that topic. 

The Obama administration has clearly not gutted interior immigration enforcement as their 2014 figures for interior removals are higher than they were for every year of the Bush administration except for 2007 and 2008.  

President Obama Is Still the Deporter-In-Chief

Immigration and Customs Enforcement (ICE) released figures showing that they deported fewer people during FY2013 than any year since FY2008 –368,644.  But that number is still higher than at any time during the Bush administration despite the unauthorized immigrant population peaking in 2007.  Just eyeballing the bottom graph confirms that the level of deportations is largely explained by the size of the unauthorized immigrant population (R-Squared=.813).  The more unauthorized immigrants there were, the higher the number of deportations.    

 

Source:  Department of Homeland Security and author’s estimate. 

 So how does Obama’s enforcement record compare to the years before he took office?  Is he under-enforcing or over-enforcing immigration laws relative to what we’d expect given the size of the unauthorized immigrant population?

President Obama is over-enforcing immigration laws.  During his administration a yearly average of 3.37 percent of all unauthorized immigrants have been deported every year compared to just 2.3 percent during President George W. Bush’s administration.  It is true that deportation as a percent of the unauthorized immigrant population have slackened in 2013 but that is still above any year during the Bush administration.

Ohio Backs off of REAL ID

Sometimes there are setbacks to the efforts of the Department of Homeland Security, the American Association of Motor Vehicle Administrators, and state motor vehicle bureaucrats to quietly knit together a national ID. If this story is true, Ohio appears to be breaking with the national ID plan.

What’s remarkable about this case is Ohio’s recognition that the federal government will never act on the threat that TSA will refuse drivers’ licenses and IDs from states that decline to implement the REAL ID Act.

Ohio is among a growing number of states that are refusing to comply with federal standards intended to toughen access to driver’s licenses. … The states are betting that federal officials do not implement plans to accept only “Gold Star” licenses as proof of identity to fly on commercial flights or to enter federal buildings and courthouses. “We’re not so sure the federal government” will only honor IDs that meet its requirements, [Ohio Department of Public Safety spokesman Joe] Andrews said.

Time was when states fell in line at the suggestion of this federal government threat. Eight-and-a-half years after REAL ID became law, the states may be recognizing the inability of the feds to coerce them into implementing their national ID.

Homeland Security Grants: Subsidizing Dystopia with Your Tax Dollars

My Washington Examiner column this week focuses on an important new study from the office of Sen. Tom Coburn (R-OK): “Safety at Any Price: Assessing the Impact of Homeland Security Spending in U.S. Cities.”  If you’ve read any of the ample media coverage the report’s received, you may have heard that DHS grants have gone toward 13 sno-cone machines for terror-warriors in Michigan, a latrine on wheels for Fort Worth, Texas, a $100,000 underwater robot for Columbus, Ohio, and a Halloween “zombie apocalypse” demonstration at a swank resort outside San Diego.

But, as I argue in the Examiner,

the media focus on “waste, fraud, and abuse” misses a graver problem with DHS’s decade-long spending spree. Sno-cone machines and “zombie apocalypse” parties aren’t the worst things DHS is underwriting. We ought to worry more about the proliferation of surveillance cameras, mobile biometric scanners, armored personnel carriers and police drones.

The useless projects DHS funds are far less troubling than the ones that can be used to harm Americans’ privacy and liberty—and Coburn’s report is replete with examples of the latter.

Just today the Daily noted another troubling DHS project: “Government officials are quietly installing sophisticated audio surveillance systems on public buses across the country to eavesdrop on passengers…. Linked to video cameras already in wide use, the microphones will offer a formidable new tool for security and law enforcement. With the new systems, experts say, transit officials can effectively send an invisible police officer to transcribe the individual conversations of every passenger riding on a public bus.” The Daily notes, unsurprisingly, “In San Francisco, the Department of Homeland Security is funding the entire cost with a grant.”

It’s a mistake to look at DHS grants simply through the prism of government waste—as if what’s going on here is of a piece with $500 toilet seats and bridges to nowhere.  The costs of this unthinking slide toward a militarized, high-tech Idiocracy can’t be measured in budgetary terms alone.

More highlights from Coburn’s report after the jump:

Coburn also notes the use of DHS funds for police purchases of “Long Range Acoustic Device” crowd-control weapons:

originally developed for use by the military as a nonlethal way to repel adversaries, including Iraqi insurgents or pirates, by making a loud and intense sound that is capable of damaging hearing. Law enforcement agencies have purchased LRAD machines for purposes that include crowd control and issuing message and alerts across vast distances, though its use in terror-related preparedness is questionable.

In 2009, the Pittsburgh police department used its LRAD machine to disperse a crowd that was protesting the G-20 summit….
In 2009, the San Diego County Sheriff stationed its LRAD device at the town-hall meetings of Rep. Darryl Issa (R-CA), Rep. Susan Davis (D-CA), and Rep. Duncan Hunter (R-CA), which drew conservative and liberal protestors. The San Diego sheriff’s stated that the LRADs were in place so they “could use the LRAD in place of pepper spray” if there were problem at the event, which there was not.

… Mobile Fingerprinting Devices:

The Fairfax County Police Department in Virginia,
part of the National Capital Region around
Washington, D.C., spent nearly $12 million to upgrade
its automated fingerprinting system called NOVARIS
and purchased mobile devices for use by officers in the
field. Digital fingerprinting had been in place for
Fairfax police since the early 1980’s, but the county
applied for, and won, UASI funds to purchase a new
state-of-the-art system, that would also help it
coordinate with neighboring counties. “Since it was
due for an upgrade, we took the opportunity to use the
UASI grant funds to refresh the system,” explained Alan Hanson with the department.
Hanson explained that the equipment “is used most often in a voluntary capacity” in situations where people are stopped but do not have identification.

…Armored Personnel Carriers:

police departments are arming themselves with military assets often reserved for war zones. One California resident observed as much when officials in Carlsbad—a city with one of the state’s lowest crime rates—expressed interest in using DHS funds to buy a BearCat: “What we’re really talking about here is a tank, and if we’re at the point where every small community needs a tank for protection, we’re in a lot more trouble as a state than I thought.”….

Fargo, a town which “has averaged fewer than 2 homicides per year since 2005” bought a “new $256,643 armored truck, complete with a rotating [gun] turret” using homeland security funds. Fargo Police Lieutenant Ross Renner acknowledges that Fargo “[does not] have every-day threats here when it comes to terrorism.”

…and “Drones: Patrolling the Skies Like Never Before”:

In Texas, the Montgomery County Sheriff’s Department successfully acquired a $300,000 Vanguard’s ShadowHawk drone fully paid with UASI dollars. Vanguard, located near Montgomery County, approached the sheriff’s department about procuring one of its unmanned systems, according to Chief Deputy Randy McDaniel. In fact, Vanguard helped the Sheriff’s department write “a winning grant proposal that allowed the entire cost of acquisition, training, insurance, and maintenance for a period two years to be absorbed in an Urban Areas Security Initiative (UASI) grant.”

Do read the whole thing.

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