History of Customs and Border Protection
The United States Border Patrol (USBP) has a long and proud history as our nation’s first line of protection against unauthorized migration. Custom Service, Immigration, and Naturalization Service, and the Border Patrol merged together to for the Bureau of Customs and Border Protection. Since the expansion, the USBP has been its budget and manpower triple. Their ongoing mission is to prevent the entry of terrorists, weapons of mass destruction, drug smugglers, and undocumented aliens. However, it is much more than catching illegal aliens and drugs being smuggled; some forget the history of trade and imports. The one thing that has remained from the start is the honor, integrity, and respect for human life from patrols.
The history of customs service goes all the way back to as early as 1789 when George Washington was inaugurated as the first President of the United States. He signed the Fifth Act of Congress, creating the Customs Service. Since then, many laws were passed regarding immigration, slavery, and tariffs. When the Treasury Secretary authorized the Collectors of Customs to hire mounted inspectors in 1853, the U.S. Customs Border Patrol was established. El Paso, TX and San Diego, CA were the two main corridors for illegal entry in the 1990s. The Border Patrol began a program called Operation Blockade to double the number of patrol agents; it increased the agents from 11,000 to over 20,000. After much success of apprehending illegal immigrants, the operation was remade to Operation Hold the Line. Increased security called for more fencing, border patrol agents, technology, lighting, and surveillance equipment.
In the early 1904’s, there were never more than seventy-five inspectors as they patrolled from El Paso, TX to California in effort to prevent the flow of illegal crossings and restriction of illegal Chinese immigration. Most inspectors rode on horseback or operated on cars and boats.
As the 21st century approached, an unexpected terrorist attack occurred on September 11, 2001. It was the deadliest day in history shaking the nation. Numerous events are now held on this day across the country to honor the loss of thousands of lives lost. This tragic attack intensified security at the border, with an emphasis on preventing terrorists from entering the country. Congress passed a new law in 2004 called the Intelligence Reform and Terrorism Prevention Act to authorize hiring 10,000 new agents to join the Border Patrol force (CITATION 1). Furthermore, Senators invested an extra $350 million dollars for border security and $648 million for port and cargo security in 2006. With the rise in terrorism over the years around the world, the U.S. has a multi-layers approach working with our foreign counterparts, employing intelligence, advanced technology, and the most professional workplace.
There is no telling where this nation will head next with border protection. In 2016, Donald Trumped promised in his presidential campaign to build a wall stretching across the nation’s southern border. The United States border with Mexico is about 2,000 miles long and underlines California, Arizona, New Mexico, and Texas. This fumed many citizens and politicians creating a divided country of controversies. The results of the wall caused separation of families and deportation but they decreased the number of apprehensions. A Department of Homeland Security (DHS) estimated the cost at $21.6 billion but the finalized budget is unclear. (CITATION 9)
Dealing With Threat/Breaches in the Trucking Industry
Truck traffic through World Trade Bridge has tripled since the North American Free Trade Agreement came into force in 1994. Inspectors use the one in five rule where one out of every five trucks is unloaded and inspected. In 2017 (?) more than 4.7 million commercial trucks crossed the border from Mexico into the United States. Threats vary from every aspect in the process from hacking, cyber security, trucks, and drivers.
Ports of entry are now integrated with high technology x-ray machines and radiation monitors that are more secure and effective than ever. The x-ray machines uses gamma rays to give a thorough look for contrabands and/or people. The radiation portal monitors were in effect shortly after the terrorist attack on September 2001. It is designed to read any radiation signature that could be used as a weapon of mass effect, screen cargo, conveyances bags, and radiological materials. However, it isn’t just the truck or car being examined, there is also a machine that reads the license plate. (CITATION 6). Even with these tight securities, there are common cases of smuggling illegal immigrants across the border in trucks or sea that are still happening today. Earlier this year, immigration authorities discovered nearly 80 people crammed into the back of a truck with no documents. As the truck was traveling on the highway in Laredo, TX, the driver was pulled over and arrested. These immigrants were from scattered areas from Mexico, Honduras, El Salvador, and Guatemala. Transporting people is a dangerous practice and CBP has made it clear that it will not be tolerated. (CITATION 7)
Nicholas Then, director of network operations at Truckload Carrier Celadon Group says, “Cybersecurity should be a key strategy component of any industry (CITATION 2).” Hackers can disrupt goods and services, divert finances, and destroy the company’s reputation. Although, using these high technology such as: tracking devices, sensor, Qualcomm, and database can be an advantage and disadvantage. As hackers drill deeper into computers, stealing credit card information, security needs to be closely monitored and improved. Transportation organizations should take security very seriously. SmartCitiesWorld surveyed a number of transportation organization and came to the conclusion that about 80 percent run attack simulations at least once every quarter. In addition, 75 percent have a security operations centre (SOC, 14 percent said they plan on creating a SOC, while the remaining 11 percent has no intention. Many transportation organizations are keeping their IT responsibilities in-house and outsourcing when there is insufficient skill set or staff.
Referring back to hacking and security breach, Transportation Security Administration (TSA) announced a new security alert to warn the nation’s trucking companies about vehicle ramming. It is described when a perpetrator aims a vehicle at a target with intent to cause fatal injuries. In 2016, a former Islamic soldier driving a 19-ton rented truck struck a crowd killing 86 people in Nice, France. TSA suggested the industry best practices are to avoid high congestions places, and exercising awareness of suspicious activity are common safety habits. The commercial trucking industry establishes security measures like vehicle tracking, specialized locks, alarms, and continuous driver awareness training. (CITATION 8)
The biggest threat on American roadways is none other than, trucks. There is concern that drivers are placed under immense pressure to work longer hours, speed, and skipping breaks. The Federal Motor Carrier Safety Administration (FMCSA) implemented a series of regulations that all truck drivers must follow (CITATION 4). These regulations comply with all commercial motor vehicles that is involved in interstate commerce. Their focus is to reduce crashes, injuries, and fatalities involving large trucks and buses. Driver fatigue is the number one cause of accidents; therefore, there is a cap on how long a driver can operate. To avoid driver fatigue, the FMCSA requires all drivers to take ten off-duty hours before driving again, can not be on duty for longer than 14 hours, can not drive for longer than ten hours in a row, and can not work longer than 70 hours or 60 hours if the company is closed one or more days. These regulations are difficult to enforce because not all drivers follow them. (CITATION 5)
CTPAT History
Customs-Trade Partnership Against Terrorism (CTPAT) is just one layer in the U.S. Customs and Border Protection’s (CBP) cargo enforcement strategy. The focus of C-TPAT is to encourage responsible importing while facilitating an efficient trade process. It was initially formed in direct response to the 9/11 terrorist attacks as a method for U.S. companies to show interest in keeping America’s border safe. It is a voluntary public-private sector partnership program added to supply chain and help increase border security. This simply means that CBP can provide the highest level of cargo security through these close partnerships. C-TPAT was first launched in November 2001 and began initially with seven participants. There are more than 11,400 certified partners than spans the trade community who embraced the necessity of supply chain security. Some well known charter members include: Target Stores, Wal-Mart, Ford Motor, Motorola, and Daimler-Chrysler to name a few. Over 52% of cargos imported into the U.S. are certified. These partners include importers, exporters, air carriers, consolidators, Mexico highway carriers, third party logistics (3Pls), and custom brokers just to name a few.
The Value of C-TPAT
The value of C-TPAT has become clear through surveys that it has become the security standard for cross border trade businesses that want to alleviate time constraints for delivering on time and on target. The most asked question by executives of companies engaged in international trade and logistics are curious about the return on investment (ROI). It is apparent the global market is a need for speed from production lines needing raw materials to delivering finished goods to their destinations. The Free and Secure Trade (FAST) lane is a commercial clearance dedicated lane for C-TPAT partners at many Canada and Mexico ports of entry. As a result, this lane expedites border-crossing privileges.
Internal audits are one of the best values in gaining certification as well as staying certified. An agent from the Supply Chain Security Specialist (SCSS) performs a thorough internal audit systems and a time-line to ensure that benchmarks are met. During the supply chain security audit, the auditor ensures physical security, internal security, employee security, shipping dock security, security processes, computer systems controls, and merchandise movements. This procedure helps the company see what policies need to be refined for greater efficiency. (CITATION 12)
When weighing the options to join the program, there is time and patience involved. It is a slow process of cross recognition by different government organizations during the application process. The real question is whether or not the time spent obtaining information outweighs the advantages.
C-TPAT Process and Procedure
Although this program is voluntary, there are criterias in the application process to be qualified. The first step in the application process is to check if the business entity to determine eligibility by reviewing the C-TPAT Minimum Security Criteria guidelines. The second step is to submit a basic application using the C-TPAT portal system with an agreement to voluntarily participate. The final step is completing the supply chain security profile and conducting a risk assessment. The security profile explains how the company is meeting C-TPAT’s security criteria. If the current security process does not measure up to the recommended, they will have to be changed. The process can take up to three months for CBP to review. However, there are no costs to apply for the program. (CITATION 11)
C-TPAT was designed on a three-tier system of benefits based on level of security, validation results, and best practices. The first tier would consist of a company certified who has committed to meet C-TPAT standards and has no history of law enforcement problems. The second tier consists of validated C-TPAT companies would get the privilege of fewer inspections than the first tier and lower their risk profile. The third tier would consist of those certified and validated partners who exceeded the minimum standards. CBP Commissioner Bonner states, “the third tier is his vision for the highest level of C-TPAT.” A company that fails to meet their commitments will be decertified and suspended. (CITATION 10)
Each tier enjoys a variety of benefits that can be time and cost effective during transport. Certified partners are already considered to be of low risk and will less likely to be examined at a U.S. port of entry. Some of the benefits of the program includes: front of the line inspections, expedited clearances, shorter wait times at the border, lower examinations, and so much more. In other words, for those who are not certified, non-participators are more susceptible to inspections and are unable to do business with C-TPAT certified companies.
Sponsors of CTPAT Program
Largest and most successful government-private sector partnership to emerge from the terrorist attacks. CBP certifies these members.