Border Policy

Laws and procedures for securing the nation's borders against terrorist threats while facilitating legitimate cross-border travel and commerce and protecting civil liberties. The U.S. government has established several federal organizations and programs to identify potential threats to the nation's borders. For example, the U.S. State Department's Bureau of Intelligence and Research maintains a computerized database known as TIPOFF that contains files on potential terrorist suspects. Such information may prove useful to consular and immigration officers when formulating admission policies or making decisions about issuing visas.

The Interagency Border Inspection System (IBIS) of the Immigration and Naturalization Service (INS) provides similar information to federal inspection services. IBIS contains the names and birth dates of approximately 5 million individuals who should not be admitted into the United States. Through its National Automated Immigration Lookout System II (NAILS II), the INS and various domestic and international agencies supply IBIS with information about potential terrorists. Agencies that contribute data to NAILS II include the U.S. Department of State, the Federal Bureau of Investigation (FBI), the Office of Special Investigations (OSI), the International Crime Police Organization (INTERPOL), and the U.S. Department of Agriculture. Nearly 30 different agencies and approximately 3,000 government employees have access to IBIS. Using a central database called the Treasury Enforcement and Communications System, IBIS can share information with databases maintained by other state, federal, and international law enforcement agencies.

Between 80% and 90% of world trade is seaborne, which means that maritime trade is probably the most exposed link in the border security system. The maritime transport system is a major security concern among world governments and global corporations, particularly the matter of container transport. In the United States, more than 7,500 container ships make 51,000 calls at 361 U.S. ports every day. Seven million containers are handled daily in the United States, but only about 2% to 7% of those containers are currently inspected. Although the current inspection system is clearly overwhelmed, the U.S. Commerce Department anticipates that container cargo traffic to the United States will increase to 30 million containers per day over the next 20 years. This represents an enormous opportunity for terrorists to strike at the United States and an equally enormous challenge for border policy.

To combat the threat of terrorist activity and the introduction of contraband via cargo ships, the U.S. government has instituted a number of voluntary security programs. The Container Security Initiative (CSI) is a program to increase the security of containers shipped to the United States from around the world. Through this initiative, the world's largest ports are requested to host CSI teams of customs agents who will identify and inspect high-risk containers bound for the United States before they are loaded onto vessels.

Complementing CSI is the Customs-Trade Partnership Against Terrorism, or C-TPAT Program. This is a joint government-business initiative that aims to build a collaborative effort between government and the owners of the various parts of the nation's supply chain. Importers, carriers, brokers, warehouse operators, and manufacturers are requested to conduct a security audit of their operations. Each of these actors then develops, submits to the U.S. Customs Service, and implements a program addressing his or her operation's vulnerabilities. A “24-hour rule” demands that carriers electronically submit a cargo declaration 24 hours before loading cargo onto any vessel destined for the United States. This requirement links with the CSI program and offers participants an opportunity for self-policing (rather than suffering through customs verification), a reduced number of inspections, and eligibility for easier payment of customs duties. Failure to comply brings the risk of fines, audits, and the associated delays of processing documents.

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