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|Author:||sara23 [ Sat Jul 06, 2019 9:02 pm ]|
Challenges faced by US Customs and Border Protection Agents Attempting to Secure the Border
Nowadays, there are many challenges that are faced by the US Customs and Border Protection Agency. They might include the allegations regarding the violation of human rights, high seizures statistics, etc. After the events of 9/11, the Agency is also partly responsible for preventing terrorism and its weapon from perpetuating to the territory of the USA .
The US Customs and Border Protection Agency has rather wide competences. Among others, in order to ensure peace, order and security for the citizens of the USA, its representatives are entitled to carry out seizures. In this regard, the provisions of Fourth Amendment to the US Constitution might be worth mentioning.More info about it you can https://quality-essay.com/about-us.html .
The Fourth Amendment to the U.S. Constitution provides that in order to carry out the search or seizure, the relevant state agencies have to obtain a warrant. Additionally, such searches or seizures could only take place in case there is a reasonable ground to believe that a person could be somehow harmful to the society. The search and seizure are usually limited by the scope detailed in the warrant. It should be noted that the protection guaranteed by this Amendment covers not only private property, but the privacy of a person and its physical locations. The Supreme Court of the USA has held that the above mentioned Amendment to protect citizens from illegal or unreasonable intrusion. It does not apply to the places especially public ones. At the same time, it should be noted that even in public places everyone might expect some privacy. The activities of the government in the considered case are to be viewed as search and seizure according to the Fourth Amendment and require a warrant to be issued.
Considering the provisions of Fourth Amendment, US Customs and Border Protection agents might have rather limited powers in regard to searches. This, in turn, might lead to the decreased efficiency of the agency. Needless to say, the most serious violations are revealed during searches and seizures. However, according to the previously mentioned provisions, such activities, unless they are validated by the warrant, are considered to be illegal. As an effort to legalize the activities performed by the US Customs and Border Protection agents, the border search exception was invented. The latter allows seizures and searches to be performed without reasonable cause or warrants at the international borders or their functional alternative.
Perhaps, one might suppose that such practices contradict the fundamental concepts of human rights. However, it should be noticed that, in the considered case, the proponents of the exception from the rule made efforts to balance the interests of the state and individual. Therefore, realizing the significance of protection of all citizens, the interests of sovereignty prevailed. Thus, searches and seizures that are performed at borders and customs are considered to be reasonable and non-violating any of the Amendments. Preventing any abuses in this regard, the Supreme Court of the United States held that this exception is applicable only to searches carried out at the international borders or its functional alternatives.
Another challenging issue that is debated refers to the definition of the functional equivalent of the border. The functional equivalent might be defined as the first point of detention which is occupied by the person after border crossing. It might also include the last port-of-entry. Considering the given definition, a functional equivalent of the border comprises the ports in territorial waters, airports and checkpoint stations located at the intersection of roads that extend from the borders.
The doctrine of functional equivalent of the border introduces the problem of impossibility of stopping and searching of a person that is in the middle of the border or when he or she actually crosses the border. When the exception provides for searches at the functional equivalents of the border, it means that they could not be carried out outside of the premises of the particular functional equivalent to the border. The underlying reason for that is a perception that the functional equivalent of the border is actually the first place where the immigrant enters the country and where the search is effective.
The core missions of the Agency also include prevention of terrorism, management of the borders and ensuring its security within the territory, enforcement and execution of the immigration laws, strengthening the resilience to disasters, as well as general enhancement of security. The statistics of seizures are indeed justified by all these missions of US CBP Agency. For example, in 2013, the number of IPR seizures has increased by 7% . These seizures were carried out to prevent piracy products from spreading to the territory of the USA. The production that infringes trademarks, patent and copyright protection laws might threaten safety and health of an average American. Thus, such searches and seizures are needed to protect the citizens. Needless to say that a lot of weapon, drugs and other prohibited goods that are harmful and threatening for the normal functioning of the society are also revealed during such seizures.
Open Markets and Closed Borders in Terms of Smuggling, Free Trade, and Border Enforcement. Challenges of facilitating legal border crossings while maintaining secure borders
Open borders facilitate trade. In the absence of custom taxes, scrutinized checkups, as well as bureaucracy it is much easier to establish and run the business of any rank. Being willing to enhance economic prosperity of the state, the government often lightens the security procedures in order to speed up customs control. As could be seen from the example of EU, this scheme is indeed effective for both economic prosperity and ensuring of peace and security in the region in the absence of unhealthy competition. However, such policies might be well exploited by the offenders who might take advantage of the lightened procedures and quick check-ups. The main challenge, therefore, that is faced by the government is to find a middle course in addressing this problem. They should at once balance the security interests of the state, trade interests and the individual's right of movement. The state should introduce such regulations that would meet the needs of the abovementioned groups, which is a rather challenging task.
Additionally, the state should always concern about possible terrorist attacks. The latest could be well prevented by the efforts of the US CBP Agency. Terrorism, in general, has a terrific impact on the life of an average American. It takes away relatives and friends. It causes economic disruption, and what is more striking, it prevents communities and individuals in particular from further growth.
The Economic Impact of Terrorism on U.S. and Global Markets since 9/11
Both global and American markets have been severely impacted by the terroristic attacks on September, 11 . In fact, the terrorist attack had a terrific impact on the majority of industries due to many reasons. First of all, people were shocked. Their values and beliefs were significantly altered. They were frightened of further attacks. Tourism industry was among those which suffered the most. People were scared of the possible future attacks and preferred rather to stay at home than to travel. This fear was actually strengthened by the terrible pictures and articles published in the press. The Conferences, trainings, and other official events were postponed, canceled or transferred to other cities. The main tourist attractions such as White House, Capitol and others were immediately closed for visits due to the fear of future terrorist attacks. Finally, the biggest airport of the city (Reagan airport) was closed, as well. As a result of all these actions, hospitality industry was forced to suffer significant financial losses since rooms, hotels, tourist guides, attractions were no longer needed by people. Managers of companies were not ready to face such complications. As a result, many companies went bankrupt, and the rest of them had not reached the same profit rates as it was before 2001.
Despite the fact that, in the end, the citizens of the USA have proven to be rather resilient to crisis and united in response to any economic challenges brought by terrorism, it should still be noted that any kind of terrorist attack always leads to economic disruptions .
International markets are nowadays closely-connected, which makes them an easy target for terrorists. On the contrary to the US capital market, global capital markets are less resilient, and it takes time for them to recover from any kinds of attacks. It is mainly explained by inadequate liquidity of banking-financial sectors and inability to squelch panic.
The Impact of the General Agreement on Tariffs and Trade (GATT) and North American Free Trade Agreement (NAFTA) Agreements on Cross Border Trade
Numerous implications in regard to the open borders policies of the US were caused by the adoption of the General Agreement on Tariffs and Trade (GATT) and North American Free Trade Agreement (NAFTA) agreements. Cross border trade was impacted, as well.
General Agreement on Trade and Tariffs applies not only to the countries of North America but the rest of the world. It was concluded after the World War II and aimed at liberalization and regulation of international trade. Originally, the agreement was concluded by 27 countries. Later on, the number of GATT parties increased to 100. The Agreement introduced few basic rules that were expected to govern trade. They included provisions on prohibition of discrimination, protection through tariffs, dispute resolution, etc. In overall, the general legal framework for boosting international trade was introduced. As a result of it, the agricultural export from the USA to Mexico had decreased due to increased competition caused by GATT. As a result, NAFTA was implemented on January 1, 1994 .
NAFTA was introduced first. Later, this agreement served as formulae for further documents containing mutual states' obligations regarding free trade . Additionally, NAFTA led to the decreased tariffs and increase of real wages in all three countries. As a result, it was easier and cheaper for the Americans to purchase Canadian and Mexican commodities. A quarter of all imported products, in fact, come from these two states. Needless to say, trade connections among states tightened. Finally, increased trade resulting from NAFTA led to the creation of 5 million extra jobs in the USA.
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