Таможенно-пограничная служба США: функции и структура

American federal law enforcement agency

United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilitating international trade, collecting import duties, as well as enforcing U. S. regulations, including trade, customs and immigration. CBP is one of the largest law enforcement agencies in the United States. It has a workforce of more than 45,600 federal agents and officers. It is headquartered in Washington, D. C.

CBP has a workforce of over 58,000 employees, including officers and agents, agriculture specialists, aircraft pilots, trade specialists, mission support staff, and canine enforcement officers and agents. More than 21,180 CBP Officers inspect and examine passengers and cargo at 328 ports of entry. Over 2,200 CBP Agriculture Specialists work to curtail the spread of harmful pests and plant and animal diseases that may harm America's farms and food supply or cause bio and agro terrorism. Over 21,370 Border Patrol Agents protect and patrol 1900 mile (3058 km) of border with Mexico and 5000 mile (8047 km) of border with Canada. Nearly 1,050 Air and Marine Interdiction Agents prevent people, weapons, narcotics, and conveyances from illegal entry by air and water. Nearly 2,500 employees in CBP revenue positions collect over $30 billion annually in entry duties and taxes through the enforcement of trade and tariff laws. In addition, these employees fulfill the agency's trade mission by appraising and classifying imported merchandise. These employees serve in positions such as import specialist, auditor, international trade specialist, and textile analyst. The primary goal of the CBP Canine Program is terrorist detection and apprehension. The CBP Canine Program is critical to the mission of the Department of Homeland Security: "To Protect the Homeland." The program conducts the largest number of working dogs of any U. S. federal law enforcement agency. K 9 teams are assigned to 73 commercial ports and 74 Border Patrol stations throughout the nation. There are 328 officially designated ports of entry and an additional 14 pre clearance locations in Canada, Ireland, the Middle East, Bermuda, and the Caribbean. CBP is also in charge of the Container Security Initiative, which identifies and inspects foreign cargo in its mother country before it is to be imported into the United States. In addition the CBP claims to have legal jurisdiction to conduct some activities up to 100 mile (161 km) inwards from any land or sea border. This can include operating interior checkpoints. CBP assess all passengers flying into the U. S. for terrorist risk via the Joint Terrorism Task Force (JTTF) and systems such as Advance Passenger Information System (APIS), United States Visitor and Immigrant Status Indication Technology (US VISIT), and the Student and Exchange Visitor System (SEVIS). CBP also works with the U. S. Food and Drug Administration to screen high risk imported food shipments in order to prevent bio terrorism and agro terrorism. Through the Container Security Initiative, CBP works jointly with host nation counterparts to identify and screen containers that pose a risk at the foreign port of departure before they are loaded on board vessels bound for the U. S. CSI is implemented in 20 of the largest ports in terms of container shipments to the U. S., and at a total of 58 ports worldwide. The Secure Electronic Network for Travelers Rapid Inspection (SENTRI) program allows pre screened, low risk travelers from Mexico to be processed through dedicated lanes. NEXUS is a similar program on the country's northern border with Canada. Along both borders, CBP has implemented the Free and Secure Trade, which uses transponder technology and pre arrival shipment information to process participating trucks as they arrive at the border. An agreement with Canada allows CBP to target, screen, and examine rail shipments headed to the U. S.

CBP is authorized to provide aerial surveillance outside of the border area "to assist law enforcement and humanitarian relief efforts" when requested by local, tribal, state or federal agencies. CBP drones have been used to capture images of storm impacted areas for the National Weather Service; assess hurricane affected areas for FEMA; and provide surveillance for local law enforcement during the 2015 Baltimore protests and 2020 George Floyd protests.

In addition to the civil penalties, a criminal fraud statute provides for sanctions to those presenting false information to customs officers, with violators facing a maximum of 2 years imprisonment, or a $5,000 fine, or both, for each violation involving an importation or attempted importation.

Responding to an urgent need for revenue following the American Revolutionary War, the First United States Congress passed, and President George Washington signed on July 4, the Tariff of 1789, which authorized the collection of duties on imports. Four weeks later, on July 31, the fifth act of Congress established the United States Customs Service and its ports of entry. For nearly 125 years, the U. S. Customs Service was the primary source of governmental funds, which paid for the nation's early growth and infrastructure. Purchases include the Louisiana and Oregon territories; Florida, Alaska, and Washington, D. C.; funding the National Road and the Transcontinental Railroad; building many of the United States' lighthouses; and military academies. In March 2003, the Customs Service was renamed the Bureau of Customs and Border Protection, and its structure split to form parts of the U. S. Department of Homeland Security as the Bureau of Customs and Border Protection and the Immigration and Customs Enforcement Division.

Shortly after the American Civil War, some states started to pass their own immigration laws, which prompted the U. S. Supreme Court to rule in Chy Lung v. Freeman in 1875 that immigration was a federal responsibility. The Immigration Act of 1891 established an Office of the Superintendent of Immigration within the United States Department of the Treasury. This office was responsible for admitting, rejecting, and processing all immigrants seeking admission to the United States and for implementing national immigration policy. "Immigrant inspectors", as they were then called, were stationed at major U. S. ports of entry collecting manifests of arriving passengers. A "head tax" of fifty cents was collected on each immigrant. In the early 20th century, Congress's primary interest in immigration was protecting American workers and wages – the reason it had become a federal concern in the first place. This made immigration more a matter of commerce than revenue; hence, in 1903, Congress transferred the Bureau of Immigration to the newly created Department of Commerce and Labor. After World War I, Congress attempted to stem the flow of immigrants, still mainly coming from Europe, by passing laws in 1921 and 1924 limiting the number of newcomers by assigning a quota to each nationality based upon its representation in previous U. S. census figures. Each year, the U. S. State Department issued a limited number of visas; only those immigrants who had obtained them and could present valid visas were permitted entry. The Immigration and Naturalization Service was formed in 1933 by a merger of the Bureau of Immigration and the Bureau of Naturalization. President Franklin D. Roosevelt moved the Immigration and Naturalization Service from the Department of Labor to the Department of Justice in 1940. In 1969 President Richard Nixon formally changed the name of the United States Border Control to the United States Border Patrol.

CBP became an official agency of the United States Department of Homeland Security on March 1, 2003, combining employees from the Animal and Plant Health Inspection Service (specifically the Plant Protection Quarantine inspectors), the United States Immigration and Naturalization Service (specifically, immigration inspectors and the United States Border Patrol), and the United States Customs Service. This transformation was led by former Commissioner Robert C. Bonner. W. Ralph Basham was nominated to the post of Commissioner by President George W. Bush on June 6, 2006. Basham had 28 years of experience as a law enforcement manager, including serving as the head of the Secret Service and the Federal Law Enforcement Training Center. He had also served as the chief of staff for the Transportation Security Administration. It is the largest federal law enforcement agency and works closely with U. S. Immigration and Customs Enforcement (ICE), Drug Enforcement Administration (DEA), and Federal Bureau of Investigation (FBI). In 2007, the U. S. Border Patrol joined two units, the Border Patrol Tactical Unit (BORTAC) and the Border Patrol Search, Trauma, and Rescue Unit (BORSTAR), to form the U. S. Border Patrol's Special Operations Group (SOG), headquartered in El Paso, Texas. BORTAC and BORSTAR direct their nationally dispersed assets from the SOG, providing the U. S. Border Patrol with immediate tactical and emergency response assets. On September 13, 2019, Director Troy Miller rang the closing bell at the New York Stock Exchange in honor of 230 years since the beginnings of the CBP.

Import Specialists interact with both importers and exporters and are responsible for decisions regarding merchandise, manufactured goods, and commodities. Import Specialists work alongside CBP officers, Homeland Security Investigations special agents and legal professionals in matters of international trade. They are responsible for classifying and appraising commercially imported merchandise that enter the country. They determine which products may legally enter the country by enforcing laws protecting public health and safety, intellectual property rights and fair trade practices. They detect incidents of smuggling, commercial fraud, and counterfeiting and participate in related criminal investigations. Import Specialists have the authority to issue penalties and fines, to recommend seizure of prohibited or suspect cargo and to participate in negotiations and legal prosecution. Occasionally, Import Specialists may be given short term assignments overseas as part of a multi agency team. Responsibilities could include investigating foreign manufacturing facilities for violations involving child labor, product safety or other areas of concern to the country. Seven weeks of paid specialized training enable Import Specialists to develop an expert knowledge of import and export trends, commodities, industries, and international trade agreements. Import Specialists perform their mission at more than 300 ports of entry located at airports, seaports and land borders throughout the United States and along the Canadian and Mexican borders.

The U. S. Border Patrol Agent (as opposed to Officer) is a federal law enforcement agent actively patrolling a U. S. border to prevent persons from entering the United States without government permission. Agents detect and prevent the smuggling and unlawful entry of aliens into the United States, along with apprehending those people found to be in violation of immigration laws. Agents work to lower crime and improve the quality of life in border communities. In some areas, Agents are deputized or have peace officer status and use it to enforce local and state/territory laws. More than 20,000 Border Patrol Agents safeguard nearly 6,000 miles of land border the United States shares with Canada and Mexico, and more than 2,000 miles of coastal waters. One of the most important activities for a United States Border Patrol Agent is "line watch". This involves the detection, prevention and apprehension of terrorists, illegal aliens and smugglers of both aliens and contraband at or near the land border by maintaining surveillance from a covert position, following up leads, responding to electronic sensor systems, aircraft sightings, and interpreting and following tracks, marks and other physical evidence. Some of the major activities are farm and ranch check, traffic check, traffic observation, city patrol, transportation check, administrative, intelligence, and anti smuggling activities. All agents complete a 26 week paid "Basic Academy" training at the U. S. Border Patrol Academy in Artesia, New Mexico. Training includes such topics as immigration and nationality laws, physical training (PT), weapons and marksmanship. For those needing Spanish language instruction, an additional 8 weeks may be required beyond the 65 days of Basic Academy training. Border Patrol Agents must be willing to work overtime and varying shifts under arduous conditions, and be proficient in the carry and use of firearms. They may also be sent on temporary assignments on short notice, or on permanent reassignments to any duty location. All new agents begin their careers along the Southwest border, where a working knowledge of Spanish is required.

In 2011, the United States Congress mandated that applicants to CBP jobs undergo polygraph testing. The agency polygraphs about 10,000 applicants annually. From the start of the polygraphing until August 16, 2013, over 200 confessions of wrongdoing had been made. Many of the applicants confessed that they had close associations with drug traffickers or that they were directly involved in smuggling of drugs and illegal immigrants. The agency accused ten applicants of using countermeasures. As part of the "Operation Lie Busters", the name of the crackdown on polygraph countermeasures, all ten were not selected for employment.

CBP Officers primary sidearm since 2019 is the Glock 19 pistol in 9mm caliber. It can contain as many as 16 rounds of ammunition (15 in the magazine and one in the chamber). Like many other law enforcement agencies, the 12 gauge Remington Model 870 is the standard pump action shotgun. The CBP issue Model 870 has been modified by Scattergun Technologies to CBP specifications including: a 14 inch barrel, a five shot capacity magazine, a composite stock with pistol grip, and night sights with a tactical "ghost ring" rear sight. CBP uses the 5.56x45 caliber Colt M4 Carbine (M4A1) as the standard long gun for CBP Officers assigned to its aviation and maritime interdiction units, the CBP Border Patrol, the CBP Special Response Teams. In April 2019, CBP awarded Glock a contract to replace the H&K P2000. A special version of the Glock known as G47 was produced for CBP, along with Glock G19 compact and Glock G26 subcompacts modified to CBP specifications. All will be chambered in 9mm caliber.

National Public Radio's Morning Edition reported that CBP radiation detection equipment at ports is better at detecting kitty litter than dangerous weapons, and that U. S. borders are so porous that congressional investigators carrying simulated nuclear materials have walked across unchallenged. In an article entitled "DHS Decision Making: Competence or Character? ", James Giermanski states that the fundamental problem within CBP is that the agency has weak and sometimes flawed management. He says that DHS and CBP suffer from "seriously flawed decision making", citing the "door only" policy, radio frequency identification technology, and lack of focus on exports which contain bombs. The agency's practice of performing internal document checks on buses and trains running entirely within U. S. territory has been called "coercive, unconstitutional, and tainted by racial profiling". The United States Court of International Trade found that CBP improperly classified merchandise when it had untrained chemists testifying before the court. The court found that there were errors in the laboratory reports, that CBP destroyed the evidence, and the tests used by the chemist did not meet any Daubert standards. During a federal court case for unlawful removal, CBP and United States Department of Justice attorneys cited the U. S. Supreme Court case of Garcetti v. Ceballos (04 473), which ruled that CBP employees do not have protection from retaliation by CBP managers under the First Amendment of the Constitution. The free speech protections of the First Amendment have long been used to shield whistleblowers from retaliation. In response to the Supreme Court decision of Garcetti v. Ceballos, the House of Representatives passed H. R. 985, the Whistleblower Protection Act of 2007, and the Senate passed its version of the Whistleblower Protection Act (S. 274), which has significant bipartisan support. In 2005, a merger of ICE and CBP was considered, following a review at the request Senator Susan Collins (R ME) chairwoman of the Senate Homeland Security and Governmental Affairs Committee, that found morale and operational issues with ICE and the overlapping responsibilities within the two agencies. A 2018 report by the ACLU and University of Chicago Law School's International Human Rights Clinic alleged that there was pervasive physical, verbal, sexual and psychological abuse of immigrant minors by DHS and CBP officials over the period 2009–2014. Customs and Border Protection denied the allegations. In July 2019, after a report by ProPublica, the CBP initiated an investigation into "disturbing social media activity hosted on a private Facebook group that may include a number of CBP employees". ProPublica reported that the three year existence of the Facebook group called "I'm 10 15" (the code used by the Border Patrol for "aliens in custody"). The Facebook group, meant for current and former Border Patrol officials, had around 9,500 members. ProPublica published screenshots and quotes of group members mocking migrant deaths, questioning if a photo of drowned migrants was "edited" by liberals, and posting sexist and racist jokes on Latino congressmen, including Representative Alexandria Ocasio Cortez. She, in turn, described this as CBP's "violent culture". Border Patrol Chief Carla Provost said that the "posts are completely inappropriate" and vowed to hold the employees responsible accountable. Provost herself was once a member of the group, having posted in it in November 2018. In July 2020, the Trump administration dispatched federal officers to Portland, Oregon during protests in the city following the murder of George Floyd. Policing tactics such as the detainment of protesters in unmarked vans and the shooting of protester Donavan La Bella in the head with an impact round were linked to a deployment that included CBP BORTAC agents sent to the city against the wishes of state and local government. US Customs and Border Protection was named in the resulting suit filed by the Oregon Department of Justice, which accused CBP and other federal agencies of violating protesters' civil rights. The CBP was criticized in September 2022 for amassing a database of digital data from travelers crossing the US border with up to 10,000 people entered into the database per year, as well as the fact that around 2,700 CBP officers have warrantless access to the database and people's data. Senator Ron Wyden addressed an official letter to the CBP Commissioner, raising concern about "allowing indiscriminate rifling through Americans' private records" and asking that the searches be limited to criminal investigation suspects and known security risks.