Border security begins with respect for border communities. How can Congress best help border communities thrive, rather than continue to militarize them?

Over the past twenty years, the federal government has dramatically increased fence construction, border patrol presence, and surveillance. This rapid, unprecedented expansion – without commensurate focus on accountability, transparency, and the protection of human and civil rights – came at a great cost.

Current border policies have desecrated sacred sites, violated environmental and religious freedom laws, increased infringement on due process rights and civil liberties, and caused unnecessary anguish of community members whose loved ones have suffered or died seeking entry into the United States or while encountering federal authorities. As is, border enforcement policies have left community members feeling frustrated, disempowered, targeted, and racially profiled.

Restoring Transparency, Oversight, and Accountability

As the largest law enforcement agency in our country, Customs and Border Protection (CBP) must be prepared to engage communities with respect and professionalism. It is essential that community protection mechanisms be included in congressional proposals on border policies. Rather than measure success based on increased equipment, personnel, or the number of apprehensions and deportations carried out, Congress should address the agency’s record of impunity for inhumane treatment of people near the border before considering greater authority and resources to the CBP. Field personnel should be adequately advised on the use of lethal force and protection of civil liberties. Increasing transparency, oversight, and community input serves as a starting point for building trust and ensuring accountability for federal authorities.

The Larger Picture: Immigration Reform

Congress must revisit and reform our immigration system, including enforcement priorities and methodology. Improving our legal immigration system cannot exclusively rely on unchecked enforcement or further militarization of U.S. border communities with little or detrimental result. For the safety and flourishment of our border communities and protection of U.S. citizens, residents, and migrants alike, Congress should include border enforcement reforms in conjunction with any immigration reform package.

Robust oversight of standards for humane treatment of individuals apprehended, incarcerated, or deported will restore integrity to our border and immigration enforcement practices. To truly decrease undocumented immigration, the United States must improve access to the legal immigration system and find lasting solutions for individuals currently caught in legal limbo.

Existing Legislation

The Border Enforcement Accountability, Oversight, and Community Engagement Act of 2017

H.R. 3020 is a bi-partisan, multi-layered approach for ethical policies that respect the rights of border communities and migrants, and allow Customs and Border Patrol (CBP) personnel to carry out their roles with integrity and expertise. The legislation would:

Ensure Community Engagement

• Establishes an independent Border Oversight Commission with representation from the northern and southern borders and CBP. The commission would evaluate and make recommendations on border enforcement strategies that increase the safety of CBP field personnel, reduce migrant deaths, and protect due process, civil rights, and private property.
• Creates an Ombudsman for Border and Immigration Related Concerns to identify areas of concern and institute a uniform complaint process.
• Establishes Border Community Liaison Offices to foster trust between CBP agents and community members.

Increase Training and Resources for CBP personnel

• Increases training and continuing education for agents and officers, with an emphasis on non-lethal enforcement and protection of human rights and civil liberties.

Provide Reporting and Oversight for Border Enforcement

• Requires the Department of Homeland Security to report on management practices at ports of entry, including an assessment on staffing, transit delays, technologies’ effect on trade and civil liberties, economic impacts, and infrastructure needs.
• Commissions studies from the Department of Homeland Security and the Government Accountability Office on tracking and measures to reduce the number of migrant deaths at the border.
• Instructs the Government Accountability Office to report on Customs and Border Protection and the Department of Homeland Security’s use of force policy, assessing new training tactics, best practices, and recommendations to the Secretary for further implementation.

For the safety and well-being of border communities, Congress should pursue legislation like H.R. 3020 rather than pouring more money into additional failed, harmful border enforcement.