BORDER SECURITY ISSUES 4
Intheir attempt to secure the borders of the United States, the USCustoms and Border Protection agents face the challenge ofidentifying and stopping illegal shipments. The agents face instancesof incapacitation of their mechanisms to identify and differentiatelegal and illegal shipments. The incapacitation is mainly because ofthe use of procedures that are not at par with the strategies andmechanisms that illegal traders use. For instance, some importers uselegally allowed goods to disguise the illegal goods into their cargo.Therefore the security agents are challenged to implement the lawsthat relate to such illegal shipment.
Thefunctional equivalent of a border is the efficiency of receiving offoreign flights from foreign countries. These challenges are presentbecause the functional equivalent of the united states border is notat par with the required security standards to match the criminalrisks at the border. The compromised functional equivalent of theborders especially in international airports means that the securityagents gets challenges in ensuring that only the legally approvedshipments and people enter and leave the country.
Inrelation to border searches, the FourthAmendment Exception is a criminal law doctrine of the United Stateslaw that permits seizures and searches at international borders.According to the law, these searches are allowed at their functionalequivalents at the border without a probable cause or even a warrantof a search (Hufnagel, 2012). Seizures at the borders are donethrough the effectiveness of the security agents leading to a seizurehistory represented by data. Through the seizure statistics, bordersecurity agents are able to justify their mission and their relevancein the borders. Seizure statistics are used to show the need forsecurity at the border by indicating the past instances of successfulprevention of illegal entry of goods or people.
Thereis different efficiency of securing borders and preventingcross-border crimes in regard to open and closed markets. Openmarkets have introduced new challenges to the prevention ofsmuggling, and the general protection of the border. This is becauseof the allowance of free movement of goods and services within thelimits of the free market. However, free markets have made trade moreefficient by reducing bureaucracy in cross-border transactions(Hufnagel, 2012). Onthe other hand, closed markets provide a better environment forborder security agents to scrutinize goods and services entering ofleaving the country through the markets. This is because of therequirements and regulations that control the operations of closedmarkets. However, closed markets are not friendly to free trade sincethey increases time of approval and clearance for goods and services.
Throughthe use of trade integration agreements like “GeneralAgreement on Tariffs and Trade (GATT)” and “North American FreeTrade Agreement (NAFTA),” provide trade guidelines that make tradeeasier and efficient (Hufnagel, 2012). In addition, these agreementsencourage trade amongst the member states by allowing them to adoptuniformly agreed tarrifs among them and against the non-membercountries. Through the use of the agreed tarrifs, member states findit better to trade withing themselves other than with non-members.moreover,these agreements have led to beter mobility of the factors ofproduction such as capital, labor and technology. however, theimplementation of these treaties presents more frontiers forchallenges to teh maintance of security and protection of borders bythe relevant security agents.
Hufnagel,S., Harfield, C., & Bronitt, S. (2012). Cross-BorderLaw Enforcement: Regional Law
EnforcementCooperation.London: Taylor & Francis