Tag: mexican border

Removing Melson Will Not Fix the ATF

The controversy over the ATF’s ill-conceived scheme to “walk” guns across the border with Mexico finally resulted in the removal of one high-ranking official: Acting Director Kenneth Melson. The U.S. Attorney for Minnesota, Todd Jones, will fill the position for now.

A quick review:  ATF supervisors ordered agents to facilitate firearm sales to known or suspected “straw buyers” that intended to move the guns across the border and give them to drug cartels. Gun dealers in the U.S. reported the suspicious transactions to the ATF, expecting to cooperate in apprehending the gunrunners. As it turns out, the suspect buyers had disqualifying conditions that should have shown up in federally mandated instant background checks…but didn’t. The firearms trafficked across the border predictably showed up at crime scenes, including those involved with the murder of a Border Patrol agent, an ICE agent, a Mexican military helicopter shoot-down, and other murders on both sides of the border.

If you’re a private citizen, this sort of thing gets you 30 years in prison. If you’re a whistleblower within ATF, you get terminated. If you’re a supervisor responsible for such a scheme, you get promoted reassigned to ATF headquarters.

This ATF scheme broke numerous firearm laws, possibly the Arms Export Control Act, and facilitated multiple murders. The end result this litany of crimes and persistent ATF and DOJ stonewalling congressional investigations cannot simply be Melson’s removal and replacement with a DOJ official who may also have been complicit in the gun-running scheme.

Meanwhile, the multiple long-gun sale reporting mandate that I wrote about last year, which imposes conditions on gun dealers in border states in violation of federal law, has been implemented by the ATF. This was almost certainly one of the goals of the “gun control for the sake of Mexico” push we’ve seen for over two years, even though the numbers of private arms in cartel hands are far lower than we’ve been told, ATF efforts notwithstanding. ATF headquarters is throwing a party to celebrate the latest round of illegal action.

Melson’s departure is certainly warranted, but we’re a few indictments and many terminations short of justice, in my mind.

Militarizing the Border

President Obama is sending 1,200 National Guard troops to the border with Mexico. This should not be viewed as an innovative solution; Bush sent 1,600 troops to the border under parallel circumstances in 2002. As Ilya Shapiro recently wrote, sending some Guardsmen is no substitute for substantive immigration policy reform.

The National Guard, and the military generally, should not be seen as the go-to solution for domestic problems. Certainly the role they will play on the border will not be as offensive as policing the streets of an Alabama town after a mass shooting (which the Department of Defense found was a violation of the Posse Comitatus Act, but declined to pursue charges) or using a city in Iowa as a rehearsal site for cordon-and-search operations looking for weapons, but politicians from both major parties have at one point or another suggested using the military for domestic operations that range from the absurd to the frightening.

Transportation Secretary Norman Mineta wanted to put Delta Force commandos on airliners after the attacks on September 11, 2001. Air marshals and armed pilots can handle airline counterterrorism; tracking down Al Qaeda organizers in Afghanistan is a better use of Delta’s unique skill-set. Marines conducting counter-drug surveillance near the border shot and killed goat herder Esequiel Hernandez. Something to keep in mind when politicians call for an expanded the role of the military in border security.

Gene Healy’s excellent policy analysis Deployed in the U.S.A.: The Creeping Militarization of the Home Front provides more detail on sensible limits for domestic use of the military. Read the whole thing.

Freedom for Thee, But Not for We

I expected and got some pushback about my post comparing the Berlin Wall to the wall along our southern border. Happily, it was more civil than the reactions I often get when I talk about immigration and free movement of people.

One fair comment focused on the key distinction between the Berlin Wall and our border wall: the direction the guards were facing.

From the perspective of the state, it’s easy to conceive of border guards facing “in” or “out”—and those facing in suggest much worse than those facing out. But from the perspective of the individual, what matters is whether or not the border guards are facing you. Our border wall keeps Mexicans and Central Americans from freedom and a better life precisely the way the Berlin Wall did East Germans.

Another pointed out the inconsistency between liberal immigration policies and the welfare state. But the solution is not to wall off the country; it’s to wall off the welfare state. David Friedman has pointed out that liberal immigration policies can create political incentives to hold down welfare benefits.

Twenty years ago, West Germany took into its fold an impoverished population whose capacity for self-governance had surely been eroded by years of totalitarian rule. Today, one of that population is its center-right chancellor. Liberalizing immigration would be a project far smaller for the United States, it would bring overall economic benefits, and it would help restore our country’s status as a beacon of freedom.

Those who wish to immigrate to the United States did not create the political or economic conditions in their birth countries. Yet many treat their desire for a life like ours as blameworthy. It’s incoherent for individualists to think that way about immigrants to the United States while treating the reunification of Germany as something to celebrate. Such incoherence is reflected in our ’wall’ policies, which indeed boil down to “freedom for thee (Europeans), but not for we (Americans).”

Mr. Obama, Tear Down This Wall

On his personal blog, Bottom-Up, Cato adjunct scholar Timothy B. Lee compares the Berlin Wall to the wall along the southern border of the United States. There are differences, of course, but important similarities too.

[I]t’s jarring that less than 20 years after one Republican president gave a stirring speech about the barbarity of erecting a wall to trap millions of people in a country they wanted to leave, another Republican president signed legislation to do just that. Conservatives, of course, bristle at analogies between East Germany’s wall and our own, but they seem unable to explain how they actually differ.

Judging by its ‘wall’ policies, the United States appears to value the freedom of Europeans more than Americans.

Weekend Links

  • The hard truth about end-of-life care in America.
  • If current trends continue, the U.S. government will soon spend a greater portion of GDP on Medicare and Medicaid than Canada now spends on its entire single-payer government-run system. Here’s a way to fix that.

The Price of the Drug War

Critics of the drug war long have pointed out how criminalizing drug use creates crime.  America has been through this experience before, with Prohibition.  Just look at Prohibition-era Chicago with pervasive corruption and mob warfare.

Unfortunately, the experience is being repeated in Mexico.  And the violence is spilling over the border into the U.S.  Reports the New York Times:

Sgt. David Azuelo stepped gingerly over the specks of blood on the floor, took note of the bullet hole through the bedroom skylight, raised an eyebrow at the lack of furniture in the ranch-style house and turned to his squad of detectives investigating one of the latest home invasions in this southern Arizona city.

A 21-year-old man had been pistol-whipped throughout the house, the gun discharging at one point, as the attackers demanded money, the victim reported. His wife had been bathing their 3-month-old son when the intruders arrived.

“At least they didn’t put the gun in the baby’s mouth like we’ve seen before,” Sergeant Azuelo said. That same afternoon this month, his squad was called to the scene of another home invasion, one involving the abduction of a 14-year-old boy.

This city, an hour’s drive north of the Mexican border, is coping with a wave of drug crime the police suspect is tied to the bloody battles between Mexico’s drug cartels and the efforts to stamp them out.

Since officials here formed a special squad last year to deal with home invasions, they have counted more than 200 of them, with more than three-quarters linked to the drug trade. In one case, the intruders burst into the wrong house, shooting and injuring a woman watching television on her couch. In another, in a nearby suburb, a man the police described as a drug dealer was taken from his home at gunpoint and is still missing.

Tucson is hardly alone in feeling the impact of Mexico’s drug cartels and their trade. In the past few years, the cartels and other drug trafficking organizations have extended their reach across the United States and into Canada. Law enforcement authorities say they believe traffickers distributing the cartels’ marijuana, cocaine, heroin, methamphetamine and other drugs are responsible for a rash of shootings in Vancouver, British Columbia, kidnappings in Phoenix, brutal assaults in Birmingham, Ala., and much more.

United States law enforcement officials have identified 230 cities, including Anchorage, Atlanta, Boston and Billings, Mont., where Mexican cartels and their affiliates “maintain drug distribution networks or supply drugs to distributors,” as a Justice Department report put it in December. The figure rose from 100 cities reported three years earlier, though Justice Department officials said that may be because of better data collection methods as well as the spread of the organizations.

Washington officials want to believe that throwing more money at the Mexican government will solve the problem.  But there’s nothing in the experience of Afghanistan, Colombia, or many other drug production and smuggling centers to suggest that more enforcement, especially by a government as weak as that in Mexico City, will end the drug trade.

Only taking money out of drug production and sales will end the violence.  And that means no longer treating what is fundamentally a health and moral problem as a criminal problem.  Legalizing adult drug use may not be a great solution, but it would be a vast improvement over drug prohibition, which promotes violent crime while tens of millions of Americans still use illicit substances.