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Important step in securing border
By Joshua Kussman
Published September 13, 2006

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Department of Homeland Security (DHS) Secretary Michael Chertoff recently announced DHS has substantially ended the so-called "catch and release" of non-Mexican illegal aliens apprehended by the Border Patrol.

DHS deserves credit for this significant accomplishment, which also suggests that, despite huge challenges, there can be substantial progress in controlling our borders when resources are added in smarter, more effective ways.

The so-called "catch and release" of non-Mexican illegal aliens apprehended by U.S. Customs and Border Protection's (CBP) Border Patrol predates this administration and the creation of DHS, and has for years drawn widespread -- and well deserved -- criticism. The practice occurred because, though Mexican illegal aliens can be rapidly returned to Mexico, non-Mexicans historically had to be detained by a separate DHS agency -- U.S. Immigration and Customs Enforcement -- until ordered removed by an Immigration Court.

But skyrocketing apprehension rates overwhelmed ICE detention and removal resources, causing most non-Mexican illegal aliens to be released into the United States because they could not be detained until their hearings. Such releases invited further illegal immigration -- which, in turn, even further compounded the problem of "catch and release" and hampered efforts to secure our borders.

Under Mr. Chertoff's leadership, DHS has broken this cycle and essentially ended "catch and release" by adding resources, integrating CBP and ICE efforts and developing new tools to solve this problem.

For example, DHS requested and Congress provided increased funding for detaining illegal aliens apprehended by the Border Patrol. And DHS instituted policies to more efficiently use detention resources. Most importantly, DHS issued long-overdue regulations allowing Border Patrol Agents to use Expedited Removal procedures to speed removals of non-Mexican illegal aliens, bypassing time consuming, resource-intensive administrative proceedings in backlogged Immigration Courts. This cut detention times for non-Mexican aliens more than 75 percent, freeing ICE detention resources.

And while "catch and release" invited illegal immigration, its end had a corresponding deterrent effect: Border Patrol apprehensions of non-Mexicans have fallen for the first time in years. This means illegal immigration has been reduced, which helps CBP's Border Patrol interdict a higher percentage of illegal crossings -- including those who most threaten our homeland security, such as drug smugglers and potential terrorists. With the end of "catch and release," our borders are more secure, and our homeland security enhanced.

DHS' successful elimination of "catch and release" is not only an appropriate opportunity to congratulate this oft-criticized department and the personnel who made it happen, it is also illustrative of an important lesson: Border security is not a quick fix. Elimination of "catch and release" demonstrates greater control of our border can be achieved -- but only when the right mix of additional resources is applied in an intelligent, comprehensive and coordinated manner.

"Catch and release" was not caused simply by insufficient resources -- indeed, the problem worsened drastically while many thousands of additional Border Patrol Agents were deployed (and were catching increasing numbers of non-Mexican aliens). DHS understood more agents were necessary, but not sufficient, to end this problem. Catching and removing non-Mexican illegal aliens also required more detention space and personnel to process aliens for removal, plus smarter enforcement policies to better utilize these new resources.

There are encouraging signs DHS is applying these kinds of comprehensive strategies to the larger, even more complex problem of securing our border against all illegal entries. Through its Secure Border Initiative, DHS not only seeks additional Border Patrol resources but is trying to make the Border Patrol more effective (by providing the right technology) and more efficient (by outsourcing nonenforcement duties like equipment maintenance). And it seeks to better coordinate border security operations with enhanced interior immigration enforcement efforts such as work-site enforcement.

It is to be hoped DHS will stick to this approach and be given the funding, tools and congressional support it needs for a comprehensive approach to solving illegal immigration. It has earned the chance.

Make no mistake, we have a very long way to go to both securing our borders and protecting our homeland security. And since its creation, DHS has clearly stumbled on many occasions. But a responsible and productive debate on homeland security requires not only an honest examination of failures, but an acknowledgement and study of successes.

The substantial elimination of "catch and release" is one such success. Let's take a moment to give credit where and when it's due.

Joshua Kussman is vice president of the Sentinel HS Group. He is former director of policy and senior policy adviser to the Commissioner for U.S. Customs and Border Protection