Archive for the 'U.S. Sovereignty' Category

Recall that I told you “the National Guard has been “deployed” to the border to perform clerical functions and do overwatch and reporting,” and that the troops have been deployed without arming orders?  Now this.

From The Boston Herald:

The Pentagon began flying military helicopters and surveillance planes over the U.S. border with Mexico last month as part of an effort to withdraw all but 300 of the National Guard ground troops who have helped patrol the rugged border since mid-2010.

The 19-month deployment of 1,200 National Guard troops on the southwest border has hurt recruiting efforts and threatened to strain diplomatic relations with Mexico, Brian J. Lepore, a director at the U.S. Government and Accountability Office, told a House homeland security subcommittee hearing Tuesday.

About 12 Blackhawk helicopters and several fixed-wing manned surveillance planes began flying regular patrols over the Rio Grande in Texas for a mission called “Operation River Watch II” in March. The 300 troops will fly the aircraft, or analyze intelligence about smuggling routes in command centers miles from the border.

The Obama administration deployed the National Guard to build access roads for border patrols and to help spot smugglers. The extra manpower was intended to bridge the gap while U.S. Customs and Border Patrol hired an additional 1,200 agents.

In the first year, the National Guard troops helped apprehend 17,887 illegal immigrants and seize 56,342 pounds of marijuana, which was 5.9 percent of all apprehensions and 2.6 percent of marijuana seizures during that time, officials said.

This is a great report, that National Guard troops “helped” apprehend 17,887 illegal immigrants.  But wait.

National Guard troops could man watchtowers and stare at closed-circuit television screens of the fence line but were prohibited from making arrests, and officials said morale suffered. The National Guard leadership became concerned that the mission, if extended, could hurt recruitment, according to a GAO report titled “Observations on Costs, Benefits, and Challenges of a Department of Defense Role in Helping to Secure the Southwest Land Border.”

Further use of National Guard troops “could create a perception of a militarized U.S. border with Mexico,” State Department officials told the GAO.

And we certainly wouldn’t want to create the perception of a militarized border.  That would be worse than anything else.  And speaking of perceptions, Lanny Breuer is at it again.  Lying and creating false impressions, that is.  Feinstein queued up the issue of “assault weapons” for Lanny, and he responded as intended.

Thank you, Senator, for the question, and for your leadership on this issue. You have, of course, identified the paramount issue that we have to face as we deal with transnational organized crime from the Mexican cartels.

That’s it.  The paramount issue, without which there wouldn’t be any such thing as the Mexican cartels.  American “assault weapons.”  This deceitfulness will be held to account one day, but until then, it belongs in the same category as stupid border security reports like this one.

Today, the Washington Office on Latin America (WOLA) and Mexico’s College of the Northern Border (COLEF) released “Beyond the Border Buildup: Security and Migrants along the U.S.-Mexico Border,” a year-long study on the impact of both countries’ security policies on migration.

The study finds a dramatic buildup of U.S. security forces along the southern border–a fivefold increase of the Border Patrol in the last decade, an unusual new role for U.S. soldiers on U.S. soil, drones and other high-tech surveillance, plus hundreds of miles of completed fencing–without a clear impact on security. For instance, the study finds that despite the security buildup, more drugs are crossing than ever before.

The study reveals that security policies that were designed to combat terrorism and drug trafficking are causing a humanitarian crisis and putting migrants in increasing danger.

Migrants are often subject to abuse and mistreatment while in U.S. custody, and face higher risks of death in the desert. Also, certain deportation practices put migrants at risk. For example, migrants can be deported at night and/or to cities hundreds of miles from where they were detained. These same cities are also some of the border region’s most dangerous, where migrants may fall prey to–or be recruited by–criminal groups. In Mexico, approximately 20,000 migrants are kidnapped a year; many others face other abuses. “Decency demands more humane policies,” said Maureen Meyer, WOLA analyst and co-author of the study.

In addition, “We have reached a point where any further increase in security will yield diminishing returns,” said Meyer.

Yes, we may as well just stop everything and swing the borders wide open.  Our buildup hasn’t helped.  The possibility that it is a drop in the bucket compared to what it needs to be doesn’t occur to this team because they have different presuppositions than you do.  They don’t want a secure border, so it’s easy conclude that there should be no buildup or change in strategy or tactics.

The National Guard is bored, has little to do other than watch, isn’t under arming orders, and has sagging morale, while the administration is using the lack of security on the border as an opportunity to make political hay on so-called “assault weapons,” and study groups are more concerned about militarization of the border than they are border security.

Don’t look for a secure Southern border in this generation unless something catastrophic happens to the U.S. homeland.  By then it will be too late.

Glenn Reynolds links Mickey Kaus writing at The Daily Caller on the border fence.  Mickey links and discusses observations by Mark Krikorian.  Mark’s report is a mixed bag, and I recall reading it with some skepticism.  Mark’s report, which Mickey views as “balanced,” discussed how the larger fences have been more effective (even if the smaller ones aren’t).  The border situation, says Mark, is “better.”  Sorry, but I’m not buying it.  The pitiful parts of the fence are still pitiful, and the larger parts of the fence – well, you can judge for yourself.

Also, here is something to watch for in upcoming debates about the border situation.  Napolitano says that things at the border have gotten far better.  But the Border Patrol (and DHS) is under-reporting “got-aways.” Why would they do this?  Well, soft metrics can make things look better than they really are.

Napolitano cited some specifics of the new index, which she wrote would include “traditional measures” but also other indicators.

“This index would take into account traditional measures such as apprehensions and contraband seizures, state and local crime statistics on border-related criminal activity, and overall crime index reporting,” the testimony states. “But to fully evaluate the condition of the border and the effectiveness of our efforts, this index would also incorporate indicators of the impact of illegal cross-border activity on the quality of life in the border region.”

“This may include calls from hospitals to report suspected illegal aliens, traffic accidents involving illegal aliens or narcotics smugglers, rates of vehicle theft and numbers of abandoned vehicles, impacts on property values, and other measures of economic activity and environmental impacts,” says Napolitano’s testimony.

I mostly agree with the normally clear-thinking Mark Krikorian.  In this case, I continue to advocate U.S. Marine Corps arming orders and patrols along the Mexican border.  Build large fences, but enforce border security by arms.

The Mexican military has retooled, adapted and retrained to conduct stability operations within its own borders.

Woe is the diplomat who uses the wrong word, no matter its veracity. Over the past year, U.S. Secretary of State Hillary Clinton and Undersecretary of the Army Joseph Westphal separately have used the word “insurgency” to describe the Mexican government’s fight against indigenous criminal cartels.

Maybe it comes too easily after the wars in Iraq and Afghanistan, but in Mexico the word stirs cultural memories of heroic freedom fighters-not exactly the message that the government wants to convey-and drew cries of outrage from Mexico City, resulting in diplomatic retractions from U.S. officials.

I have called the cartel and gang violence both warlord-ism and an insurgency.  But of course, I have no romantic notion of insurgents as freedom fighters.  The insurgents in South America throughout the last quarter of the last century were mainly communists.  They weren’t fighting for anyone’s freedom from anything.  But since South and Central America is steeped in Marxist thinking, and thus conflates freedom with revolution, Mexico City became outraged.  Mexico City might prefer to think of them only as criminals, but at least they seem to be reacting to the problem with the correct tools.

Still, insurgency or no, one thing is for certain: The cartels present a serious, multifaceted, and increasingly well-trained and well-armed challenge to the state, but Mexico is reconfiguring its armed forces to meet the challenge.

Frequently outgunned and sometimes corrupted, entire police forces have been sacked and their duties assumed by the Mexican military in recent years. In December 2011, the entire Veracruz police force was fired, with the 800 officers replaced by 2,400 marines. The military has taken over policing in other places, such as Ciudad Juarez, Nuevo Leon and the border state of Tamaulipas.

At the same time, according to analysts, there also has been a real shift in the training and equipping of the military to meet the cartel threat. The army’s training doctrine has been realigned to address stability operations, doing things like setting up checkpoints and working to implement law and order in towns that have been overrun by violence. “They’re conducting stability operations in areas the size of Belgium,” says Inigo Guevara, a consultant on Mexican security and defense issues based in Washington. In one effort to rebuild its presence in the north, the armed service recently spent about $100 million to buy battalion- and company-sized “mobile headquarters” that can be easily constructed and taken down, in preparation for longer-term domestic stability operations, he adds.

Yet, these operations occur against an increasingly sophisticated enemy, with heavily armored “infantry” carriers dubbed “Los Monstruos” (the Monsters) by the Mexican media, as well as more professional infantry tactics refined at training camps in the barren spaces of northern Guatemala and southern Mexico. Cartel gangs are armed with everything from assault rifles and crew-served weapons, to military-grade explosives, .50 caliber rifles and rocket-propelled grenades, as well as using insurgent weapons like car bombs.

As a result, the army and marines have started to look for alternatives to the older, thin-skinned Humvees-Mexico has produced several thousand in local plants in a deal with AM General-and toward a variety of new armored vehicles like Oshkosh’s SandCat, of which 250 have been delivered so far. The navy also has conducted operational testing of Renault’s Sherpa light scout vehicle, most notably in operations in Veracruz late last year, but has not made a final decision on whether to buy it.

This is reminiscent of the need for MRAPs due to the IED threat in Iraq.  Note that Mexico isn’t relying on the police to curb the violence.  Mexico City has enlisted the assistance of the military in a big way, and the military is purchasing weapons and equipment needed for fighting large scale, violent, and highly effective insurgencies.

Aviation Week continues into the weeds concerning equipment, organization of the Mexican military, and various problems they sustain due to inefficiency in structure.  But continuing with this theme of warlord-ism, and insurgents, if we’ve learned nothing else from the campaigns in Iraq and Afghanistan, we understand the need to control the borders, even if we didn’t effect that control.

The Arizona legislature might just act in lieu of the federal government to control their own section of the border.

The Republican-led Arizona Legislature is considering a bill to fund an armed, volunteer state militia to respond to emergencies and patrol the U.S.-Mexico border.

Gov. Jan Brewer could deploy the volunteers using $1.9 million included in the bill making its way through the state Senate. The militia itself was created by a law signed by Brewer last year.

The Arizona Republic reports the bill has a hearing Tuesday before the Senate Appropriations Committee. Senate Bill 1083 has already passed one committee along mostly party lines. It would provide $500,000 in one-time funding and $1.4 million a year from a gang task force fund.

The state is expecting a budget surplus this year, but lawmakers must deal with long-term debt and the May 2013 expiration of the 1-cent-per-dollar sales-tax increase, so it is unclear how much support this bill will receive.

“Something has to be done about the situation at the border — people are being terrorized,” Sen. Sylvia Allen, a Republican from Snowflake who is sponsoring the bill, told The Republic. “There are plenty of ex-law-enforcement officers who could do this. I don’t have any illusion that we can solve our border problem, but this would help.”

Former LEOs or not, they would be operating under rules that apply to everyone, i.e., deadly force can only be used in the case of imminent danger to life or sexual assault.  It isn’t clear that they would even have arrest authority.

What I have recommended is that the rules for the use of force be amended to move away from the Supreme Court decision in Tennessee versus Garner.  This has also been termed “exempting the Border Patrol from the rule of law,” but I have recommended that the U.S. Marines be used to patrol the Southern border.

The rules of warfare are clear.

The law pertaining to the conduct of hostilities (jus in bello), which has developed since antiquity and includes certain provisions of the modern Geneva and Hague conventions, permits the sanctioned killing of an opponent in an armed conflict, regardless of whether he is armed at the moment he is engaged. So long as the opponent meets the minimum criteria to be regarded as a combatant (even an unlawful combatant), he may be engaged with deadly force, even if he is separated from his weapon. He may be killed while sleeping, eating, taking a shower, cleaning his weapon, meditating, or standing on his head. It is his status as an enemy combatant, not his activity at the moment of engagement, which is dispositive.

So the following situation is posed to help the reader understand how serious he or she is concerning security on the border.  You are a border patrol officer, or a U.S. Marine, and you have charge of border security in your area of operations.  A string of what appears to be several dozen illegal immigrants is heading across the border (and is now on the U.S. side of the border), as you have ascertained using night vision.

In the front and bringing up the rear are two individuals, each toting what appears to be an AK-47, but what is most surely a weapon.  No one has fired any shots towards you at this point.  Is it morally justified to shoot and kill the individuals holding the weapons?  This is a different question that is it currently legal.

Robert Bunker writing at Small Wars Journal assesses the relative threat posed by transnational Islamic jihadists versus the Mexican cartels.  After citing a portion of Napolitano’s concern about the growth of the lone wolf terror threat, Robert weighs in.

While the above statements—some might even say political “sound bytes”— uttered by US Homeland Security Director Janet Napolitano were directed at America’s European allies, they convey the ongoing Washington obsession with Al Qaeda to the exclusion of other non-state threat entities. The memory of the 9/11 attacks is still a visceral experience for most of our nation’s financial and political elites.

Napolitano now equates lone wolf (Al Qaeda inspired) attackers, who need to take commercial aircraft to reach the US, as a significant threat to our nation. Such terrorists have extremely limited combat capabilities, both destructive and disruptive, and suffer from lack of training, equipment, and finances. They represent nodal criminal-soldiers (devoid of network support) who at best can engage in sporadic active aggressor (shooter) or IED (improvised explosive device) attacks. Such attackers are not the most pressing US national security threat; even if a few got through, the damage inflicted will be inconsequential to the integrity of American society and the functioning of its governmental system. Yes—even a suicide bomber or two detonating in the Mall of the Americas, on Wall Street, or in a high-end bistro in N.W. DC is a survivable attack for our nation, though the media would replay newscasts of the incident ad infinitum and make quite a bit of money off of the ad revenue in the process.

I’m a bit troubled by Robert’s seeming dismissal of the threat of transnational Islamic insurgency.  True enough, the so-called “lone wolf” cannot do much more than inflict terror and localized loss of life and property. But Robert is assuming that all such terrorists are going to be lone wolfs.  Perhaps not, and perhaps also since we know that Hezbollah fighters are crossing the Southern Border, Robert’s assumption forces the conclusion that it isn’t a threat.

On the contrary, in A Terrorist Attack That America Cannot Absorb I described a plausible scenario in which economic disaster would be effected as a result of the attack.  True enough, this kind of attack would require several hundred well trained, well equipped and highly motivated fighters – fighters and equipment that a group like al Qaeda may not currently be able to field.  But it’s also true that Hezbollah may be able to, and an attack of this nature, even if only partially successful with fewer fighters than I have described, would have significant consequences.  In my view Robert is thinking tactically rather than strategically as he pans the idea that transnational Islamic fighters are no longer a threat.  Small time hits against human-targer rich environs are a tactic of terror.  Destruction of infrastructure directly resulting in the inability to replace that infrastructure is a strategy – one that thankfully the enemy hasn’t deployed.

However, I agree with his assessment of the threat of Mexican cartels.

What is most amazing about Napolitano’s statements is that they ignore a far more significant threat derived from geographic proximity, mass of numbers, training and organization, wealth, and corruptive capability. Mexican cartel operatives do not have to take commercial flights to get to the US and hundreds-of-thousands of personnel exist running the gamut from foot-soldiers through lookouts into narcotics production and distribution, street extortion, human trafficking, kidnapping, and bulk thefts. Tens-of-thousands of these cartel members operate in the US in conjunction with US street, prison, and motorcycle gangs which number well in excess of 1 million individuals. The Mexican cartels control more wealth than Al Qaeda ever had at its disposal—even at Osama bin Laden’s high point— and have specialized commando units on par, if not surpassing, the best Al Qaeda could ever field. Further, the Mexican cartels have taken corruption to an art form and have compromised entire regions of the Mexican state. This corruption is now being used in a targeted manner on the US border— hundreds of documented incidents exist— a capability with which Al Qaeda has never possessed to threaten the US homeland.

Common sense dictates that we address the real threat next door and already over the border— in excess of 1,000 US cities have Mexican cartel operatives in them. While the Mexican cartel threat to the US is subtler than that of Al Qaeda— the 9/11 attacks were indeed fierce and bloody— it is also in many ways more threatening, especially now that Al Qaeda central is a former shell of itself. While ‘border spillover’ attacks and corruption have been downplayed and wide swaths of Mexico resemble a war zone (with well over 45,000 deaths), we continually hear DHS rhetoric about Al Qaeda being the #1 threat to the United States.

On a related note, I am not at all persuaded that we are winning the border war by reports that arrests on the Southern border have plummeted.  The number of Hispanic students in Alabama also recently plummeted due the implementation of E-Verify.  The failing American economy is less enticing for illegal immigrants, and so it isn’t surprising that the balance of illegals coming and going is being modified.  There is also a shift in violence within Mexico itself, meaning that areas that were once secure are now not, and vice versa.

That doesn’t mean that the border is secure.  Analogous errors in judgment occurred in Iraq when we believed that the tribal awakening in Ramadi secured Anbar, when in reality the insurgents had simply moved to Fallujah and had to be cleared from that city in 2007.  Pressing the Taliban out of Helmand moved them to Quetta (for R&R), Kandahar, Kunar and Nuristan.

The cartels will prove to be adaptive and amorphous, and we should generally ignore anecdotes as a pointer to larger trends.

Prior:

A Terrorist Attack That America Cannot Absorb

Border War

Texas Border Security: A Strategic Military Assessment

We have previously discussed the adoption of military style tactics, techniques and procedures by the Mexican cartels, the increasing corruption of the U.S. border patrol, and the recruitment of large numbers of High Schoolers by the cartels.  After observing that the use of the National Guard is problematic for a number of reasons (including the lack of training, the lack of appropriate rules for the use of force, etc.), I recommended that:

… we view what is going on as a war against warlords and insurgents who will destabilize the state both South and even North of the border.  I have further recommended that the RUF be amended and the U.S. Marines be used to set up outposts and observation posts along the border in distributed operations, even making incursions into Mexican territory if necessary while chasing insurgents (Mexican police have used U.S. soil in pursuit of the insurgents).

While militarization of border security may be an unpalatable option for America, it is the only option that will work.  All other choices make the situation worse because it is allowed to expand and grow.  Every other option is mere window dressing.

We now know that gang members are being recruited by the cartels to do street-level jobs, and the loss of border security has wreaked ecological disaster.

“I have learned to live with trash,” said fifth-generation Arizona rancher Jim Chilton.

He saw his once-beautiful ranch, just a few miles from the border with Mexico, is now dotted with clusters of crushed trees and cactus, whole hillsides have been turned into charred eyesores, years worth of his award-winning conservation projects obliterated — and the whole thing is littered with trash, tons and tons of trash. And some of the trash was dead bodies.

Chilton had the misfortune of settling in the path of what would become a dangerous drug- and human-smuggling route on the U.S.-Mexican border, parallel with the notorious Peck Canyon Corridor.

“I’ve got 30,000 to 40,000 illegal aliens coming right through the ranch every year, and the Forest Service says each one leaves about eight pounds of trash. That means 100 tons of trash. Some cows eat the plastic bags and about 10 head a year die a slow and painful death. At $1,200 a head, that means we lose $12,000 a year to trash.”

Chilton saw southern Arizona not as the headline-grabbing political flashpoint of the Justice Department’s failed “Fast and Furious” guns-to-smugglers tracking project, but as the land-grabbing opportunism of Obama’s resource management agencies and, sadly, the failure of the U.S. Border Patrol to secure that bloody line separating the United States from Mexico.

The land-grabbing chapter of the trash story has gone largely unnoticed, but surfaced last year when the Bureau of Land Management proposed to shut down target shooting on 490,000 acres in the Sonoran Desert National Monument — and in large swaths of other public lands as well.

The reason? Monument manager Richard Hanson claimed shooters were leaving trash at the shooting sites, an outrageously trumped up excuse, but Hanson’s claim couldn’t be refuted at the time.

The BLM had closed 400,000 acres of publicly owned, national monument lands across three states to recreational shooting activities in 2010, labeling recreational shooting as a resource-harming activity and a public safety threat.

That was a clear signal showing that the SDNM move was just another step in Interior Secretary Ken Salazar’s obnoxious “lock-it-up-and-kick-’em-out” plans that have drawn the ire of Congress.

Federal agents trying to patrol the U.S.-Mexico border say they’re hampered by laws that keep them from driving vehicles on huge swaths of land because it falls under U.S. environmental protection, leaving it to wildlife — and illegal immigrants and smugglers who can walk through the territory undisturbed.

A growing number of lawmakers are saying such restrictions have turned wilderness areas into highways for criminals. In recent weeks, three congressional panels, including two in the GOP-controlled House and one in the Democratic-controlled Senate, have moved to give the Border Patrol unfettered access to all federally managed lands within 100 miles of the border with Mexico.

While the cartels develop intricate intelligence networks and adopt military style tactics, the U.S. prohibits access to lands controlled by the Bureau of Land Management due to EPA regulations, and blames trash at the border on shooters.  It’s no wonder that insurgents have gone hunting at the border – not hunting for animal game, but human game.

Five illegal immigrants armed with at least two AK-47 semi-automatic assault rifles were hunting for U.S. Border Patrol agents near a desert watering hole known as Mesquite Seep just north of the Arizona-Mexico border when a firefight erupted and one U.S. agent was killed, records show.

A now-sealed federal grand jury indictment in the death of Border Patrol agent Brian A. Terry says the Mexican nationals were “patrolling” the rugged desert area of Peck Canyon at about 11:15 p.m. on Dec. 14 with the intent to “intentionally and forcibly assault” Border Patrol agents.

Commenter Scott Wilson recommends the following:

They should take the 7th Army (and the Ghost of Patton), and all its subordinate units, and move it lock, stock & barrel to Del Rio, TX. They can then patrol the banks of the Rio Grande with Bradley’s, Apaches & Cobras. Then, let’s see how much success these border insurgents, armed with the semi-auto AKs have against that.

Germany has the strongest economy in Europe. It can afford to defend itself from Russian aggression. If it can’t, then we have PLENTY of military contractors that can sell them the weapons that they need. Europe needs to stand on its own. Our resources need to be protecting our borders, not Germany’s.

This sentiment is certainly in line with my own, but unfortunately, roving the border with Bradley Fighting Vehicles won’t work.  This requires combat outposts and Marines (or Soldiers) on foot patrol.  Infantry – not mechanized infantry – is the order of the day.

But it will require more than that.  As long as we continue to treat the border as a law enforcement endeavor, with agents subject to rules such as those outlined in the Supreme Court decision in Tennessee versus Garner, with criminals imprisoned or sent back to Mexico to try it all again, we will continue to lose the war at the border.  Imprisonment of drug traffickers and illegals won’t work any more than prisons work in counterinsurgency.  Prisons are a costly ruse.

Make no mistake about it.  This isn’t a war against drugs, or a war against the drug cartels, or a war against illegal immigration, or even a war against human trafficking or Hezbollah fighters entering the U.S. at the Southern border.  This is a war for national sovereignty – a border war.

Law enforcement cannot do the job when people are afraid to call them for fear of retribution and are being told to wear body armor to work out in their own fields.

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A border war.  Only when we militarize the border with combat outposts and shoot all trespassers will we even begin to wage the war on the enemy’s terms.  In spite of claims that the Posse Comitatus Act applies, this war is against non-U.S. citizens, and it is a fight for the survival of what defines America.  Presidents in both parties have seen America as an idea rather than a location with secure borders.

If America is an idea and the Southern border is to be just an imaginary line, then we have already lost.  If America deserves defending, then we must do what is both uncomfortable and necessary to effect its security.

Prior on Border War: Texas Border Security: A Strategic Military Assessment

Prior Featured: Analysis of Brief For The U.S. In Opposition to Sean Masciandaro