Border Security: Apprehensions of "Other Than Mexican"Aliens

Publication Date: September 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Population and demographics

Type:

Abstract:

The United States Border Patrol (USBP) within the Department of Homeland Security (DHS) is charged with securing our nation's borders between official ports of entry (POE). As the USBP discharges its mission it encounters unauthorized aliens from around the world attempting to illegally enter the United States. In fiscal year (FY) 2004, USBP agents apprehended 1.16 million people attempting to enter the country illegally between official POE; 93% of these aliens were Mexican nationals. Because the vast majority of people apprehended each year by the USBP are Mexican nationals, the agency categorizes aliens as Mexicans or Other Than Mexicans (OTM). Over the past three years, OTM apprehensions have more than tripled nationwide and have been concentrated along the South Texas border. The reasons for this dramatic increase, and its geographical concentration in Texas, are not altogether clear.

The number of people entering the country illegally between POE, and the concomitant proliferation of human and drug smuggling networks, can present risks to national security due to the ever-present threat of terrorism. Terrorists and terrorist organizations could leverage these illicit networks to smuggle a person or weapon of mass destruction into the United States, while the large number of aliens attempting to enter the country illegally could potentially provide cover for the terrorists. Additionally, the proceeds from these smuggling networks could potentially be used to finance terrorism. The issue of OTM apprehensions has received publicity recently for many of these reasons, which were highlighted during congressional testimony by DHS then-Deputy Secretary Admiral James Loy when he stated that AlQaeda is considering infiltrating the Southwest border due to a belief that "illegal entry is more advantageous than legal entry for operational security reasons."

OTMs apprehended along the Southwest border by the USBP between official POE cannot be returned to Mexico because Mexico will not accept them. Instead, they must be returned to their countries of origin, or third countries that will accept them, by the Office of Detention and Removal Operations (DRO) within Immigration and Customs Enforcement (ICE). However, DRO does not have enough detention beds to accommodate every OTM that is apprehended. As a result of this, the majority of OTMs apprehended by the USBP are released into the interior of the United States with notices to appear before an immigration judge. Most of these released OTMs fail to show up for their hearings and are not ultimately removed. In order to address the increasing number of OTMs being apprehended and circumvent the regular removal process, the USBP is currently expanding its Expedited Removal (ER) program. Issues for Congress include the potential for terrorist infiltration, the lack of detention bed-space that causes OTMs to be released into the interior of the country, and how best to deploy DHS resources to address the growing number of OTMs entering into the country illegally.

This report will be updated as necessary.