Homeland Security 101

by Audrey Mei-Yee Tsui & Merry Schnell

The general membership meeting on March 11 hosted a panel of law enforcement officers to present “Near the Border: Homeland Security’s Approach to Enforcement in our Backyard and the Run up to the 2010 Olympics,” Representing some of the agencies that cooperate across jurisdictions were U.S. Border Patrol Chief John Bates, U.S. Customs & Border Protection (CBP) Acting Service Port Director Lynn Gardner, Branch Chief of Enforcement Operations Chris DeMello (both from Blaine), and Whatcom County Sheriff Bill Elfo.

 The panel briefly discussed their missions and the reach of their jurisdictions. Chief DeMello stated that CBP serves a dual purpose: to maintain and facilitate the flow of border traffic and to protect the country’s security. Chief John Bates explained that his agency is the mobile, uniformed law-enforcement arm of the CBP within the Department of Homeland Security (DHS). Sheriff Elfo said that his office does not do immigration enforcement, but will report illegal immigrants when they are encountered.

With the recent raid on Yamato Engine Specialists in Bellingham by U.S. Immigration and Customs Enforcement (ICE) officials, this was on the minds of many audience members. R.B Porter and Bob Burr questioned the panel about the treatment of the workers seized because of the illegal immigrant status: why they were held for 72 hours without access to legal counsel? Where they were held during the 3 days between the initial arrest and arrival at the detention facility in Tacoma? Bates said that they were held during processing while they wait to go before a judge, and then either sent to detention or deported. Women and children are kept together. This process of deportation may take only 24 hours. Chief Bates said these questions should be answered by ICE in Seattle, who was not represented on this panel. Bates made the distinction that the two agencies operate under different, yet overlapping, jurisdictions.

County Councilmember Bob Kelly questioned the panel about checkpoints extending 100 miles from the border, to which Bates replied that 100 miles was determined in a court case as “reasonable distance,” and individual checkpoints are established according to threat based on intelligence. There are 30 checkpoints along about 40 miles of border in Whatcom County. Bates wanted to be clear that investigations are conducted based on reports from the citizens in the community and not randomly.

Some in the community worry about the possible deputization of local lawmen to carry out immigration enforcement in exchange for federal funds such as through “Operation Stonegarden.” This operation is administered by Border Patrol and exists through the Federal Emergency Management Agency (FEMA). There is some concern that such activities will transform the county into a militarized zone. Chief Bates reassured the audience that his agency values cooperation from the community in reporting suspicious or criminal activity. But at the same time, people should not take matters into their own hands, and certainly groups such as the “minutemen” are not authorized to play an enforcement role.

Law enforcement agencies should perform their duties in a professional manner and be held accountable for their actions. All of the panel members expressed their desire to alleviate the public perception that law enforcement was not will to be held accountable. The all encouraged the public to report instances of disrespect, racial profiling, and other violations of constitutional rights.