Steven L. Basha, Esq.
November 19, 2017
Information:
Quick Glance:
Links: ADJ 243 Homeland Security and the Law: Notes 3 |
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Home Page // Assignments Page // Notes 1 // Notes 2 // Notes 3 // Notes 4 // Exam Page // Books // Paper // Articles |
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| Week 1 | November 1, 2017 | Below is a link to the criminal complaint filed by the FBI special agent in the recent New York terrorist attack. A criminal complaint is the initial charging document when a federal agent arrests a person. https://www.justice.gov/usao-sdny/press-release/file/1008081/download
FEMA Federeal Emergency Management Agency
Hazards are Natural Disasters Threats are Terrorist/Criminal
US Highway 1915
Federal Aid Road Act of 1916: Building The Foundation
Even up to the middle of this century, many roads in the United States were unpaved, and after a good rain they were a virtual quagmire.
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| Week 2 | November 6, 2017 |
The Stafford Disaster Relief and Emergency Act was the main legislation that gives FEMA authority to support the state and local governments. It offers assititance and preparation and coordinates important work.
Hurrican Katrina showed some of the weaknesses in FEMA
Hazus is a geographic information system-based natural hazard analysis tool developed and freely distributed by the Federal Emergency Management Agency (FEMA). Download It helps to project damage of an incident.
Mitigation reduces the loss of property
The National Response Framework (NRF) is a guide to how the Nation responds to all types of disasters and emergencies. Remember, the state needs to respond first and then if needed the federal government will help.
What is intelligence? Valuable information to the federal governement of its intentions, capabilities, and objections of other countries and terrorist organizations. A product of.
There is no way to know if something is real.
The Smithsonian Museum Air and Space Museum has two locations: D.C. and near Dulles airport.
He comments that there are a lot of turf wars in the Intelligence Communities.
An agent is a spy.
In the 9/11 attack, two of the assilants were known terrorist.
The Intelligence Agencies do not want to give out information...the way to get information is FOIA.
The Intelligence Cycle: Planning and Direction, Collection, Processing, Analytic Production, and Dissenination.
Types of Intelligence Information: HUMIT is human information SIGNIT is signal information such as signals, communications, and radar. Aerial is planes and drones Open Source
Electronic Surveillance—Title III Applications
WP2 has been breached.
It is important to know that there is a wall between Intelligence and Law Enforcement. Basically, LEs main goal it to put people in jail and prosecution while Intelligence is collect intelligence and NOT go public.
Sources of information: Agents also know as spies
CI: Confidential Informant
Why do people spy? money, blackmail, good citizen, etc.
National Security Classifications: Top Secret: Grave Damage Secret: Serious Damage Confidential: Damage
LE Sensitive: Law Enforcement Sensitive OUO: Office Use Only LOU: Limited Office Use
SCIF. Sensitive Compartmented Information Facility (pronounced "skiff"), a U.S. Department of Defense term for a secure room. It can be a secure room or data center that guards against electronic surveillance and suppresses data leakage of sensitive security and military information. NSA use these.
CIA-Foreign-MI6 FBI-Domestic-MI5
United States v. U.S. District Court, 407 U.S. 297 (1972), also known as the Keith case, was a landmark United States Supreme Court decision that upheld, in a unanimous 8-0 ruling, the requirements of the Fourth Amendment in cases of domestic surveillance targeting a domestic threat. Order for 6th Circuit to not release documents. The Supreme Court upheld the prior rulings in the case, holding that the wiretaps were an unconstitutional violation of the Fourth Amendment and as such must be disclosed to the defense. This established the precedent that a warrant needed to be obtained before beginning electronic surveillance even if domestic security issues were involved. Note that the decision applied only to domestic issues; foreign intelligence operations were not bound by the same standards. The governing law for electronic surveillance of "foreign intelligence information" between or among "foreign powers" is the Foreign Intelligence Surveillance Act (FISA) of 1978.
You need a warrant for domestic surveillance but the laws are different for foreign spying.
After WW2, the US meddled in elections to stifle a communist from being elected.
The Russians stole Nuclear Bomb plans 2 years after bombing of Japan.
The FBI both is involved with National Security and Domestic Security.
Office of Intelligence and Analysis The mission of the Office of Intelligence and Analysis (I&A) is to equip the Homeland Security Enterprise with the timely intelligence and information it needs to keep the Homeland safe, secure, and resilient. I&A is a member of the U.S. Intelligence Community (IC) and is the only IC element statutorily charged with delivering intelligence to our state, local, tribal, territorial and private sector partners, and developing intelligence from those partners for the Department and the IC.
The Director of National Intelligence speaks to the President, but he has no line authority.
NSA cannot spy on US citizens.
DHS--OI&A--Fusion Center.
A fusion center is an information sharing center, many of which were jointly created between 2003 and 2007 under the U.S. Department of Homeland Security and the Office of Justice Programs in the U.S. Department of Justice.
SAR is Suspicious Activity Report--Initiate partnership and establish to disseminate SAR informtion of observed behavior. What is reasonable behavior and normal behavior? |
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| Week 3 | November 6, 2017 | Drone Program is run by CIA
The LE has a law enforcement and national security branch.
--plausable deniability--
division can mean branch or division--it depends but can be used interchangeable.
National Security Branch (NSB) of the FBI: counterintelligence.
FISA covers foreign intelligence
The Fourth Amendment needs probable cause and a warrant and the Fourth covers wiretaps in title 3.
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Edward Snowden disclosed the full extent of Section 215 of the Patriot Act. He disclosed PRISM the surveillanc program where the NSA collected communications for the 9 major US Internet companies. It collected all the metadata which is important and shows a lot of information.
Section 702 of FISA allows the US government to spy on the internet and telephone communications of people both in the United States and abroad without a warrant so long as a "significant" purpose of the surveillance is to gather "foreign intelligence information."
The Terrorist Screening Center: Following the terrorist attacks of September 11, 2001, the President and Congress mandated that federal executive departments and agencies share terrorism information with those in the counterterrorism community responsible for protecting the homeland. In 2003, the Terrorist Screening Center (TSC) was created to fulfill that mandate. EO 12333 order that covers intelligence. The agency that use is a division of the FBI--National Security Branch. It has representatives from many agencies.
The Terrorist Screening Data Base TSDB is the terrorist screening data base that is UNCLASSIFIED. This database can cause issues with the law because sometimes people get hassled, each time they enter the US and thus there are a lot of lawsuits concerning this issue.
The Terrorist Identities Datamart Environment (TIDE) is the U.S. government's central database on known or suspected international terrorists, and contains highly[clarify] classified information provided by members of the Intelligence Community such as CIA, DIA, FBI, NSA, and many others. THIS IS CLASSIFIED INFORMATION
The National Security Agency (NSA) has 37,000 agents. it is located in Fort Meade Maryland. The collection of SIGINT-- signal intelligence
CIA is responsible for the HUMIT--Human intelligence.
Joint Terrorism Task Force (JTTF) is a partnership between various federal, state, and local law enforcement agencies, as well as private organizations, that are charged with taking action against terrorism which includes the investigation of crimes such as wire fraud and identity theft. It is under the umbrella of the FBI.
Nations have border protection for national self-protection and to collect revenue through tarriffs.
In the Bible, Kingdoms collected customs.
Customs was previoulsy part of the Treasury and INS was borders.
U.S. Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is charged with regulating and facilitating international trade, collecting import duties, and 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 sworn federal agents and officers. It has its headquarters in Washington, D.C.
In order to enter the US you must enter through designated locations. Look HERE
Remember, CBP is the largest federal law enforcement agency in Homeland Security and it is a unified border agency.
Not all airports are international airports.
Statues pertaining to customs are found in Title 19 while Title18 is for criminal.
Fort McHenry...located in Maryland
Consumer Protection Security Commission (CPSC) promotes the safety of consumer products. Look HERE for recalls of the agency.
There is an exception to the Fourth Amendment of Border searches. The courts say that searches are permissible.
United States v. Ramsey, 431 U.S. 606 (1977) is a Supreme Court case under Title 19 U.S.C. § 482 and implementing postal regulations authorize customs officials to inspect incoming international mail when they have a "reasonable cause to suspect" that the mail contains illegally imported merchandise, although the regulations prohibit the reading of correspondence absent a search warrant. Is international mail entering the US a boder demarcation?
Three miles off the coast is considered a border while 200 miles off the coast are fishing waters. So, the area of water coming into the US is a border...the 3 miles that is.
A Boder pat down is okay but anything beyond that needs a search warrant.
Border searches with electronic devices are searchable at borders.
If you do not declare something at the border, it is considered smuggling.
Civil forfeiture in the United States is controversial legal process where law enforcement takes assets from a person suspected of a crime or illegal activity without neessarily charging the owner of wrong doing. It is CIVIL and not CRIMINAL.
A data mart is the access layer of the data warehouse environment that is used to get data out to the users. The data mart is a subset of the data warehouse and is usually oriented to a specific business line or team.
Immigration and Nationality Act: The 1965 Act marked a change from past U.S. policy which had discriminated against non-northern Europeans. In removing racial and national barriers the Act would significantly, and unintentionally, alter the demographic mix in the U.S.--In January 2017, president Donald Trump's Executive Order 13769 temporarily halting immigration from 7 majority-Muslim nations made reference to the Immigration and Nationality Act of 1952; however, federal courts ruled the Executive Order violated the prohibitions on discrimination by nationality and religion in the 1965 Act.
There are two types of Intelligence: Strategic Intelligence: Macro Level Broad Tactical Intelligence: Take real action to counter threat
The Cargo plan bomb plot occured in October 2010 when two packages containing plastic explosives were found in separate cargo planes. The explosives were found in ink cartridges of an HP printer. The plane was flying from Yemen to the United States.
Customs and Border Protection Officer (CBPO)
The primary mission of CBP is terrorism and terrorism implements
The two missions are to clear border crossings and look for harmful things.
CBP Office of Field Operations job is to manage customs operations at 20 Field Operation offices, etc.
The field Inspection Area is the first place you enter at the airport.
Proposed Bill Requires Travelers to Declare Bitcoin at US Border-- More on Blockchain and Bitcoin Bitcoin Price Holds Steady But Future Spike May Be In The Cards What Happens Now That the Bitcoin Hard Fork Was Canceled? Could Bitcoin Futures Help Limit Volatility? Bitcoin Prices Undergo Wild Swings Over The Weekend A controversial new Congressional bill regarding digital currency has just been introduced by Sen. Chuck Grassley (R-IA). The bill would require the Secretary of Homeland Security to work with the Commissioner of U.S. Customs and Border Protection in order to put forward a "border protection strategy to interdict and detect prepaid access devices, digital currencies, or other similar instruments, at border crossings and other ports of entry for the United States." HERE
S. 1241(Bill from above) (a) Short title.—This Act may be cited as the "Combating Money Laundering, Terrorist Financing, and Counterfeiting Act of 2017".
Sometimes people swallow drugs and they are brought to the hospital where they eventually go to the bathroom and it comes out.
Department of State: Waiver Program
Travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):
He said you can have an associates degree and get a job to CBP.
INA (Immigration and Nationality Act) ground inaccessibility
LPR: Legal permanent resident
If you show forged papers (false documents) you cannot try to come to the United States for five years.
Immigration Court: Administrative Judge-- Located at: 1901 South Bell Street, Suite 200 Arlington, VA 22202, 703-603-1300 Another Court found
List of Currently Disciplined Practitioners--Example of a case from Dearborn, Michigan
An asylum-seeker is someone whose request for sanctuary has yet to be processed. Every year, around one million people seek asylum.
What is a PNR number on E ticket? It will begin with B, C, D, E, F, G, H, I, J, K or L. eticket (airline printed receipt) On your flight coupon / ticket, your PNR is the first six alphanumeric characters printed toward the right as shown in the illustration below--a passenger name record (PNR) is a record in the database of a computer reservation system (CRS) that consists of the personal information for a passenger and also contains the itinerary for the passenger, or a group of passengers travelling together.
Before you get on a plane, the government has 50 pieces of information about you.
Non-Intrusive Inspection (NII) Technology used to x-ray cargo without intrusion.
Safe Ports Act
Teen killed by Border Patrol agent was throwing rocks before his death, federal prosecutors concede-- This is a problem at the border and is why some are being killed.
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| Week 4 | Chapter 7 | ||
| Week 5 | Chapter 8 | ||
| Week 6 | November 7, 2017 | Chapter 9
The border between Mexico and the United States is 7000 miles long and it is impossible to protect the entire area.
The Counter-Proliferation Investigations (CPI) program prevents sensitive U.S. technologies and weapons from reaching terrorists, criminal organizations and foreign adversaries. The CPI program combats the trafficking and illegal export
The Human Rights and War Crimes unit is part of the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) operates the Human Rights Violators and War Crimes Unit (HRVWCU) within the National Security Investigations Division (NSID).
DHS Has Made Progress in Planning for a Biometric Air Exit System and Reporting Overstays, but Challenges Remain. DHS does not have reliable data on emigration and nonimmigrant departures from the United States. As a consequence, reliable estimates of the number of nonimmigrant overstays are not available.
Juan Pablo Escobar writes, in My Father Pablo Escobar, "At the time Pablo Escobar was trafficking cocaine, Colombia's major airports had what was known as "magic mail", a sort of parallel customs system that made it possible to bring anything into the country without leaving a paper trail - in exchange for a fat bribe."
The National Security Council (NSC) is used by the President of the United States when considering national security and foreign policy with senior national security advisors.
The National security liaisons (NSL) are senior Homeland Security Investigations (HSI) personnel who support the larger HSI mission and work directly with the National Security Council and senior leadership throughout the interagency to provide a comprehensive, centralized approach toward information sharing and coordination on all counterterrorism related issues.
The Student and Exchange Visitor Program is overseen by ICE.
The Secure Border Initative was a multiyear plan to secure America's borders that is cancelled.
Border Security Missions: To meet border security threats and challenges, OAM deploys aircraft and maritime vessels to air and marine branches and units throughout the country to provide rapid air and marine response capabilities.
5 facts about illegal immigration in the U.S.--
Six states account for 59% of unauthorized immigrants: California, Texas, Florida, New York, New Jersey and Illinois.
Southwest Border Fence Construction Progress
According to CBP, from fiscal year 2007 to 2015, CBP spent approximately $2.3 billion to deploy border fencing along the southwest border, and CBP will need to spend a substantial amount to sustain these investments over their lifetimes. PDF Stats of CBP HERE
CBP Air and Marine Operations Assets
Find jobs HERE
CBP Drones and Dubious Achieversdrone: OIG found the actual price tag to be $12,255 per hour, noting that OAM omitted such key costs as salaries for operators, equipment and overhead. PDF
CBP essentially oversees the control and oversight of trade. It is the largest law enforcement body in the United States.
To find out about trade/port information of the CBP--Three areas are evaluated: Pre-entry, entry, and postentry. There are these levels that is the methodology on trade and commerce weight.
E-Allegation reporting site.
Secure Freight Initiative As part of the Department's layered approach to port and container security, the initial phase of Secure Freight Initiative will deploy of a combination of existing technology and proven nuclear detection devices to six foreign port beginning in early 2007.
Containers from the ports will be scanned for radiation and information risk factors before being allowed to depart for the United States. In the event of a detection alarm, both homeland security personnel and host country officials will simultaneously receive an alert.
The radiological equipment is funded by the Department of Energy and the National Nuclear Security Administration. Both active and passive systems are used.
The Security and Accountability For Every Port Act of 2006 (or SAFE Port Act, Pub.L. 109–347) was an Act of Congress in the United States covering port security and to which an online gambling measure was added at the last moment.
Megaports Initiative Protecting the world's shipping network from dangerous cargo and nuclear material, the Megaports Initiative helps partner countries equip major international seaports with radiation detection equipment and alarm communication systems.
DHS sponsors Trade Symposiums that help explain the "rules" of engaging in trade with the US.
CSI: Container Security Initiative is sa single, unified border agency of the U.S., U.S. Customs, and Border Protection's mission. CSI addresses the threat to border security and global trade posed by the potential for terrorist use of a maritime container to deliver a weapon.
The three core elements of CSI are:
Containerized shipping is a critical component of international trade. According to the CBP:
Drones: CBP DOAM calculated that it cost $2,468 per hour to operate a
Customs Trade Partnership Against Terrorism (CTPAT) is but one layer in U.S. Customs and Border Protection's (CBP) multi-layered cargo enforcement strategy. Through this program, CBP works with the trade community to strengthen international supply chains and improve United States border security. CTPAT is a voluntary public-private sector partnership program which recognizes that CBP can provide the highest level of cargo security only through close cooperation with the principle stakeholders of the international supply chain such as importers, carriers, consolidators, licensed customs brokers, and manufacturers. APPLY There are E-Manifests now.
The Automated Commercial Environment (ACE) is the primary system through which the trade community rep Viorts imports and exports and the government determines admissibility. Video Manifest accessing
In 1875 The Supreme Court ruled that immigration was a federal responsibility.
A Brief History of Immigration in the United States PDF
Project Shield America is an industry and academic outreach program, the intent of which is to obtain the assistance and cooperation of those companies involved in the manufacture and export of U.S. origin strategic goods, technologies, and munitions items as well as academic researchers who study and research these and other strategic fields. It checks exports.
Counter-Proliferation Investigations: One of U.S. Immigration and Customs Enforcement's (ICE) highest priorities is to prevent illicit procurement networks, terrorist groups, and hostile nations from illegally obtaining U.S. military products, sensitive dual-use technology, weapons of mass destruction, or chemical, biological, radiological, and nuclear materials.
National Fugitive Operations Program (NFOP) provides policy direction, strategic planning, and operational oversight for ERO's efforts to locate, arrest, and reduce the population of at-large removable aliens within the U.S.
Cornerstone is ICE's initiative to detect and close down weaknesses within U.S. financial, trade and transportation sectors that can be exploited by criminal networks. Bulk Cash Smuggling is a reporting offense under the Bank Secrecy Act, and is part of the United States Code (U.S.C.). The code stipulates: Whoever, with the intent to evade a currency reporting requirement, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense.
Cyber Crimes Center--C3's Cyber Crimes Unit provides the management and oversight of the agency's cyber related investigations by focusing on the transnational criminal organizations that use cyber capabilities to further their criminal enterprise.
The Virtual Global Taskforce: made up of law enforcement around the world to help combat online child abuse.
Passport fraud is a big problem. Special Agents of the Diplomatic Security Service (DSS) track and apprehend fugitives who are charged with passport and visa fraud.
Office of Biometric Identity Management (OBIM) supports the Department of Homeland Security's responsibility to protect the nation by providing biometric identification services that help federal, state, and local government decision makers accurately identify the people they encounter and determine whether those people pose a risk to the United States. Was originially US-VISITS
Biometrics--Biometrics are unique physical characteristics, such as fingerprints, that can be used for automated recognition. At the Department of Homeland Security, biometrics are used to detect and prevent illegal entry into the U.S., grant and administer proper immigration benefits, vetting and credentialing, facilitating legitimate travel and trade, enforcing federal laws, and enabling verification for visa applications to the U.S.
Inkless fingerprint devices are used at the airport to take two fingerprints for those not citizens visiting the United States.
Welcome to the United States! What do you need to do at the airport--
ESTA--Electronic System for Travel
SBI has 3 main operating goals: Improve border security Increase interior enforcement of immigration and customs laws Implement a Temporary Worker Program (TWP) |
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