DHS-ICE: The Need of Governance at the Immigration and Customs Enforcement
By Miguel Contreras,
Posted on Sun Nov 5th, 2006 at 10:36:07 AM EST
"Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means--to declare that the government may commit crimes in order to secure the conviction of a private criminal--would bring terrible retribution. Against that pernicious doctrine this court should resolutely set its face." - Mr. Justice Brandies of the U.S. Supreme Court in Olmstead V. United States, 277 U.S. 438 (192
What is governance? According to the Merriam-Webster Dictionary, governance is self-government or government under the control and direction of the inhabitants of a political unit rather than by an outside authority; broadly: control of one's own affairs.

If the Immigration and Customs Enforcement ("ICE") leadership (and all others federal law enforcement agencies) continues to ignore all the red-flags and keep its arrogant attitude of us (leadership) versus them (employees) – we are leaving our doors wide open to another September 11, 2001.
It's all about politics - Its getting old reading about the ICE immigration strategies such as building border fences and conducting employment raids in the name of NATIONAL SECURITY in order to protect our mainland from terrorism. The international terrorist would not be entering the USA through the Arizona desert packing a load of explosives and making the journey of walking miles and miles of arid and hot terrain in order to hit a target, or will be working for a chicken or turkey processing company. However, I agree that we do have to have immigration enforcement initiatives in place. After all our U.S. Immigration laws have been in existence for years. Believe me, when I worked for the INS in the 1980s, I believed that we had the best immigration enforcement laws against terrorists, drug trafficking organizations involving aliens etc., but soon learned that these immigration laws meant nothing due to the turf fighting among our own federal agencies such as the FBI, DEA, and Customs.

Of course despite its name, governance it’s not just about governments. Other decision-makers include private large corporations, religious organizations, the military, media, community groups, law enforcement agencies and the Immigration and Customs Enforcement.

Governance at ICE is the way at how this agency is being run. The decisions that are made and how these are implemented by many different groups within its leadership.

Good governance is crucial to the quality of life of all ICE employees, since it affects people's rights and their access to basic services like equal employment opportunities, freedom of speech, being treated fairly during the administration of its disciplinary process and the enjoyment of employment freedom.

Bad governance can lead to inequality, resentment and ultimately, breakdowns in employee’s morale and the terrible consequence of society’s loss of our fundamental sense of national security freedom.

A federal agency such as ICE if it were to operate with good governance, it would lead to an agency where decisions are made according to transparent, appropriate processes, and implemented effectively. This ensures minimal corruption, and would give a voice to its most vulnerable employees and ICE would provide a sense of protection in the implementations of the rights of everyone in society.

Unfortunately, ICE has decided to silence and eliminate those employees who can positively contribute to the growth of an effective leading federal law enforcement agency in protecting our borders in the fight against terrorism, drug smuggling, money laundering, child sexual predators, illegal immigration and so on. Instead, ICE has opted to keep inept and inefficient leaders in charge of offices that eventually will self-destroy the agency's vision and mission objectives.

What if ICE had a good governance in place?

If this were to happen, basic services would be provided to the employees’ morale and effectiveness at works in a sustainable way that is fair to all. However, poor governance at ICE is only contributing to unbecoming an agency considered dysfunctional.

Bad governance breeds corruption at ICE and at any other federal law enforcement agency. One of the most damaging effects of poor governance within our federal law enforcement system is that it tends to breed corruption. Corruption both results from inequality and employees morale, and is a cause of them. If ICE does not act upon the advice of the recommendations of the U.S. Department of Homeland Security’s Inspector General to self-governance in the way how its disciplinary process is administered, ICE would eventually self-destroy itself by its own leadership.

Self-destruction doesn’t mean that ICE will be shut-down. What it means is that major changes in the way this agency is being run needs to be evaluated, assessed, and finally those responsible for mismanagement must be held accountable and handle it accordingly.

The so-called expert on police corruption, former Customs Commissioner Raymond Kelly initiated a very strong campaign against his number one priority: corruption – but the “Good-Old-Boy System” in place was overwhelming and the only Customs employees who got disciplined were the employees who did their duty of reporting corruption by their superiors.

During the review of my own “discovery’ material (documents) regarding my MSPB and FOIA requests, I was amazed how much resistance and in-fighting between the Offices of Investigations, Internal Affairs and Human Resources in the administration of discipline took place, between 1995 and 2003.

Corruption can be exacerbated from the top down when governance is limited and employees are walking on egg shells is severe. If ICE management officials are getting away with misconduct and lower rank employees are harshly disciplined; there are some very strong possibilities that certain employees may engage in misconduct and corruption in order to “strike back” and get even at management.

When decision-makers don't have to act in a transparent and accountable way, they are free to do whatever they want, without having to face the consequences of their actions. This is basically what has been taking place at both Legacy agencies, the US Customs Service and the US Immigration & Naturalization Service.

What happens when governance breaks down at ICE?

The most extreme result of poor governance is that employees’ morale, efficiency and productivity breaks down. Further, employees become cynical and start living “double lives” – working at both sides of the law. This is what we are seeing lately with the recent arrest and conviction of DHS Customs and Border Protection (CBP) and ICE employees for corruption activities.

Thus, the end-result of an agency such ICE of lacking governance is that this crisis affect everyone in society because the government could no longer afford to provide the basic national security service protection for its citizenry.

When governance is strong, decision makers are accountable for their decisions and everyone has a voice. After all, don’t we all live in a country we call America where citizens’ Constitutional and Civil Rights are to be protected? Unfortunately, the practices at ICE and other federal agencies are to “shoot the messenger” whose only crime and misconduct is to expose and report corruption by their superiors.

Enforcement of Government Corruption

Good governance also requires strong support from the president of the United States down to the first-level supervisor. It needs an effective government structure and a strong and independent legal system, including effective federal law enforcement oversights conducted by the respective agencies’ Office of Inspector Generals, the judiciary, and the legislature. Governance is a long and difficult task, but it is achievable, and would ensure fairness and equality for everyone.

SOME NOTEWORTHY NEWS RELATED TO THIS STORY:

"No detainer found in police records Feds insist witness should not have been released. here goes."

November 04, 2006 - By BRIDGET MURPHY, The Times-Union (Florida)

Finger-pointing between law enforcement agencies involved in the botched release of a key witness in a Jacksonville public corruption case continued Friday.

The State Attorney's Office dropped the case against former city public buildings chief Billy Watson in July. That happened after Bright Ugiagbe, a 32-year-old Nigerian national and janitorial company owner who was cooperating with authorities in the case, got out of the Duval County jail and disappeared despite what court records indicate was a federal immigration detainer that should have kept him behind bars.

Jacksonville Sheriff's Office Correction Director Gordon Bass went through Ugiagbe's jail records with the Times-Union in an attempt to show that there was no paperwork from the U.S. Immigration and Customs Enforcement officials ordering the jail not to release him.

Barbara Gonzalez, Miami-based spokeswoman for Immigration and Customs Enforcement, said the agency had a document that not only showed the detainer was sent to the jail but that its receipt was acknowledged. She refused to provide a copy to the Times-Union or say when it was sent or who got it.

http://www.jacksonville.com/tu-online/stories/1104 06/met_6000070.shtml

"Minister scandal could be last straw"

By Randy Myers - CONTRA COSTA TIMES – November 4, 2006

Claims that a national leader of evangelicals paid a male prostitute for sex and drugs will translate to even more voter apathy, political and religious experts predict.

In the second gay sex scandal to rock conservatives within the past few months, Ted Haggard of the National Association of Evangelicals resigned Thursday after 49-year-old Mike Jones told a radio station he had been having sex with him over a three-year span. Haggard denies the allegation.

Whether the sex allegations prove true does not entirely matter to disgruntled voters, said Barbara O'Connor, the director of the Study of Politics and Media at Sacramento State. This latest scandal, combined with anger about the Mark Foley page boy e-mail issue, and outrage over the Iraq war, has left voters feeling fed up, she said.

"The allegation is almost enough," O'Connor said. "They assume it's true. The cynicism is so deep that voters assume anyone in the political process is guilty."

http://www.contracostatimes.com/mld/cctimes/159292 36.htm

"Many Enforcers Are Violators"

ELIZABETH — In the past 12 months, dozens of U.S. immigration employees have been accused of corruption-related charges.

Locally, a Customs official was convicted of conspiring to permit more than one-half ton of cocaine from Ecuador pass through Elizabeth before being distributed throughout the United States.

Jorge Reyeros, a supervisory Customs inspector who worked out of Port Elizabeth and Newark Liberty International Airport, was sentenced in January to 24 years in prison for conspiring with his brother and Colombian drug traffickers to import cocaine.

Trial testimony revealed that 1,100 pounds of cocaine was to be shipped from Ecuador, concealed inside plastic bananas.

Reyeros’ brother, Juan, was also convicted for acting as a middleman. Another co-defendant, convicted smuggler Hernan “Nacho” Uribe of Medellin, Colombia, testified that Jorge Reyeros’ role was to “let the drugs go by.”

Reyeros, 54, spent more than 20 years with U.S. Customs, working his way up to supervisor with duties at the seaport and airport.

http://www.new-jersey.ws/modules.php?name=News& ;file=article&sid=15253

"Allegations shake up Evangelical group"

By Patrick O'Driscoll, USA TODAY – 11-03-06

Pastor Ted Haggard

The seminary president blames a lack of accountability, for which both Haggard and his church are responsible. "That should be a warning to us all," Mohler adds. "When we do not hold leaders accountable, we set ourselves up for disaster."

http://www.usatoday.com/news/religion/2006-11-03-e vangelical-scandal_x.htm

"Guard: $1.123B set aside for border"

By Brady McCombs - ARIZONA DAILY STAR
Tucson, Arizona - Published: 10.28.2006

The U.S. government has set aside $1.123 billion to keep the National Guard on the border through September 2007, according to a Guard official.

Since President Bush announced the guard's deployment in support of the Border Patrol, at least $225 million has been spent. The National Guard has helped build roads, extend and improve fencing and vehicle barriers, and even man lookout posts, but it does not have the authority to stop and detain illegal entrants.

http://www.azstarnet.com/allheadlines/153272.php

"Border is Topic No. 1 in S. Ariz."

August 18, 2006 - By Lourdes Medrano
Arizona Daily Star

Border security, illegal immigration and immigrant rights were the talk of Southern Arizona Thursday, with a congressional hearing on intelligence in Sierra Vista and an immigrant-advocacy session in Tucson.

U.S. House Intelligence Committee members arrived at Buena High School in the late morning to explore how intelligence is used to secure the U.S.-Mexican border.

"Far too often the southern border of the United States is characterized as a porous crossing for illegal aliens looking for job opportunities in the United States," Rep. Rick Renzi, R-Ariz., of Flagstaff, said as the meeting opened at the Buena auditorium. The hearing was sparsely attended, and those present did not have a chance to address the committee members.

"The reality is, however, that human traffickers, drug smugglers, narco-terrorists, violent criminal gangs, and yes, we even have to consider the possibility that international terrorist organizations are leveraging the same routes," Renzi said.

http://www.fox11az.com/news/topstories/stories/kms b20061818_border.106e38c8.html

DHS-ICE: The Need of Governance at the Immigration and Customs Enforcement Post Data (4.00 / 1) (#1)

by Miguel Contreras on Sun Nov 5th, 2006 at 01:19:48 PM EST
(User Info) http://www.contrerasassociates.com
I hope my definition and interpretation of Governance as it is applied to the U.S. Immigration and Customs Enforcement (ICE) is taken in a positive context rather than from a negative one. As to my former Legacy US Customs subordinates turned ICE supervisors and managers, especially my former ICE Yuma office co-workers, the "trouble maker," "cancer," and other expletitive names I have been given by certain ICE managers and supervisors, I assure you that no Yuma ICE employees have supplied any of the information I have used in this story. The truth is most of the information I have used in my stories is obtained from the U.S. Departmemt of Homeland Security and ICE's official websites, from other "over" media sources and lastly but not the least, my own federal law enforcement working experience.
I also want to congratulate the DHS-OIG for doing an outstanding job! It is too bad the US Treasury's OIG did not do the same, but the answer can be found by just knowing where most of their employees are now: working for ICE in leadership positions.

--
Miguel Angel Contreras, PhD, CPP, CFE

http://narcosphere.narconews.com/story/ ... 10367/7289