Here is the very first edition of my new Antiwar.com column, “The War at Home.” In the column I intend to write about drones, propaganda, police, feds, spying, and anything else that makes sense under that domestic-leaning banner.
First off, a plea for caution about still more militarization of the border. Border advocates should reconsider how comfortable they are with drone fleets and scores of thousands of Border Patrol officers. So should the folks who are so keen on amnesty. They may accept some bad legislation that makes that problem worse.
For months, Senate Bill 744 – which would reform immigration and make citizenship possible for some of the 11 million individuals living illegally in the U.S. – has been stuck in the House. Generally, Republicans think it is too soft. Democrats have pushed and compromised. But the bill is bad. Not because granting amnesty is bad, but because the border issue is already intruding into the lives of average Americans as well as migrant workers. The last thing we need is more money and more high-tech toys spent in the name of paranoia over “security.”
This bill increases all sorts of things of which we already have too many. Back in 1992, there were less than 5,000 U.S. Border Patrol agents. As of 2013, there were 21,000. S.B. 744 increases the number of Border Patrol agents to 38,000, mandates building enough fencing to cover 700 miles, and includes a strategy to make the border secure at last. All this at the low, low cost of 46 billion dollars. And all for “security” and for a projected 90 percent success rate in catching immigrants who mostly just wish to work and better their lives and the lives of their families.
Like all government agencies, U.S. Customs and Border Protection (CBP) will never decide on its own that it’s funded enough. It will keep keeping on in order to feed and justify itself and keep growing at a “reasonable” rate. But when will the border be sufficiently militarized? When there are 50 drones instead of the current 10, which occasionally crash? Small government advocates – or anyone skittish about open borders – should consider the inevitably of mission creep in all government endeavors – particularly the militaristic type. And pro immigrant-activists must seriously consider how much amnesty is worth, and whether they’re willing to trade it for a border that even more closely resembles a Maginot Line. The question of what to do with the areas between the U.S. and its neighbors affects both lawless migrants and legal U.S. citizens.
There’s a long line of legal precedent that says the borders don’t count in terms of Fourth Amendment protections. Though the drug war and the war on terror have cut many privacy protections off at the knees, they were always more ephemeral at the border. There a search simply has to be “reasonable.” And though the Transportation Security Agency (TSA) gets awfully intimate in airports, mild groping still pales in comparison to how close some Border Patrol agents can get to your private parts while searching for illicit items. Back in 1985, United States vs. Montoya de Hernandez confirmed the Border Patrol’s right to detain you until you defecate if they have a reasonable suspicion that you might be carrying drugs and you refuse an X-ray. More recently, a New Mexico resident who crossed the border near Ciudad Juarez was taken to the hospital and subjected to a cavity search and a CAT scan after she was suspected of drug smuggling.
The rest here.