House panel backs bill to tighten border security

The House Homeland Security Committee on Thursday approved a sweeping bill that would stiffen the nation's border security.

The 2005 Border Security and Terrorism Prevention Act (H.R. 4312) authorizes the hiring of 8,000 more Border Patrol agents and 1,000 new inspectors at ports of entry over the next four years. It also would allow for the addition of 32,000 beds to detain illegal immigrants and the construction of more physical barriers along the border.

The act requires increased use of military surveillance technology along the borders. Starting next October, the Immigration and Customs Enforcement bureau would have to detain all illegal aliens.

Union leaders, however, said the bill falls short because it does not merge two of the Homeland Security Department's law enforcement agencies and fails to give border inspectors the status of law enforcement officers. It also does not provide for stronger enforcement of laws barring employers from knowingly hiring illegal aliens or address the economic roots of illegal immigration, union members said.

"This is kind of like chicken soup," said T.J. Bonner, president of the National Border Patrol Council. "It doesn't hurt, but does it help?

"I would hope this is not the flagship bill that the House is considering to secure our borders, because it does very little," he added.

Under the bill, DHS and the Defense Department would need to develop a plan to provide the Border Patrol with Defense surveillance assets, such as unmanned aerial vehicles.

DHS also would have to submit a national strategy to Congress within a year after the bill is passed "to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States."

In addition, the act would require DHS to report on the progress of cross-border security agreements signed with Mexico and Canada.

And the bill would place DHS' Air and Marine Operations division directly under the authority of the secretary, in the hopes of creating "a more flexible, coordinated air program capable of providing tracking, deterrence, rapid response, and investigative support to multiple DHS agencies."

"We must establish operational control of our borders and swiftly remove illegal immigrants once they arrive," said committee chairman Rep. Peter King, R-N.Y. "The time to act is now."

Democrats on the committee introduced several amendments that either failed by vote or were withdrawn.

An amendment by Rep. Kendrick Meek, D-Fla., called for merging Customs and Border Protection and ICE; it was withdrawn.

The department's inspector general issued a controversial report earlier this week citing numerous problems between CBP and ICE and calling for the two agencies to be merged.

"The department's inspector general's recent report has identified problems in organization, management, information sharing and operations that prevent CPB and ICE from efficiently and effectively carrying out their responsibilities for enforcing our laws and protecting the American people," Meek said.

DHS, however, is opposed to a merger. Department officials say many of the issues cited in the IG report were the result of financial problems at ICE and say most of the problems are being addressed. The current organizational structure should be given more time to succeed, they argue.

Meek withdrew his amendment because it was apparent it would not pass and because he was assured by King that the committee would continue to examine whether the agencies should be merged.

The bill, however, requires the department's secretary "to take immediate action to address the inefficiencies and poor communication between [ICE and CBP]."

The act also would require a review of the One Face at the Border program within CBP.

"This will be the first, comprehensive review of the program, which we are confident will show that the security of this nation depends on Congress doing away with the One Face program," said John Gage, president of the American Federation of Government Employees.

An amendment offered by Rep. Sheila Jackson Lee, D-Texas, to give CBP personnel the status of law enforcement officers also failed. Law enforcement officers are eligible to retire earlier than standard federal employees, and with more generous annuities. Unions argue that CBP officers are uniformed, carry guns and have arrest power, so they should have the same benefits as other federal law enforcement officers.

In early November, some Republican House and Senate lawmakers released a joint concept paper which seeks to bring pay parity to federal law enforcement, including CBP officers. Unions said they oppose the proposal, however, because too much decision-making power is given to the Office of Personnel Management.

The border security bill now must be approved by the House Judiciary and Armed Services committees.