The United States Customs and Border Protection (“CBP”) is the federal agency that is responsible for safeguarding the borders of the United States. The CBP was created in response to the September 11, 2001 terrorist attacks that occurred on United States soil.
As such, the CBP provides security for the United States border by preventing illegal entry of persons from outside the United States, as well as apprehending individuals that may have entered the United States without authorization. The CBP is also responsible for intercepting contraband.
Additionally, the CBP combines and supervises the functions of other federal agencies including the United States Border Patrol and the previous Immigration and Naturalization Service (“INS”) by focusing on issues that involve national security and terrorist activities.
In some cases, the CBP facilitates this by regulating imports, collecting duties, and enforcing other United States regulations that are related to trade, customs, and immigrations.
What Is the Overall Function of the Customs and Border Protection Agency?
Once again, following the events of September 11, 2001, the Immigration and Naturalization Service was replaced by the Department of Homeland Security (“DHS”). The DHS was created pursuant to the Homeland Security Act in 2002, and it combined 22 different federal agencies and departments under the umbrella of the DHS agency.
The broad goal of the DHS is to prevent terrorism and protect the borders of the United States, which is does so through 3 major agencies:
- The United States Citizenship and Immigration Services (“USCIS”);
- The United States Customs and Border Protection; and
- The United States Immigration and Customs Enforcement (“ICE”).
As mentioned above, the overall function of the CBP agency is twofold:
- Border Security: The CBP agency ensures the security of the borders of the United States by preventing illegal entry of unauthorized persons, as well as detecting and apprehending unauthorized individuals and contraband; and
- Trade Facilitation: The CBP agency also facilitates lawful international travel and trade by regulating imports, collecting duties, and enforcing United States regulations that are related to international trade, customs, and immigration.
As can be seen, the responsibilities of the CBP agency is to protect the border, regulate trade, and enforce immigration. In doing so, the CBP is one of the world’s largest law enforcement organizations and employs over 60,000 people.
As far as the specific functions of the CBP agency, the following is a list of common CBP functions:
- Once again, the CBP agency provides for border control by managing ports of entry, inspecting travelers, and ensuring the lawful movement of goods across the United States’ borders;
- The CBP agency also engages in customs enforcement by collecting import duties, enforcing trade laws, and preventing acts of smuggling;
- The CBP agency also engages in immigration enforcement through maintaining immigration laws and securing the border;
- Trusted Traveler Programs: The CBP agency also administers trusted traveler programs, such as Global Entry, NEXUS, and SENTRI in order to expedite travel for pre-approved travelers to the United States; and
- The CBP agency also leverages technology in order to enhance border security and streamline the processes for authorized entry into the United States, as well as locating unauthorized entrants.
What Is the United States Border Patrol?
The United States Border Patrol (“USBP”) is a federal law enforcement agency that operates under the United States Customs and Border Protection. The primary responsibility of the USBP is to secure the borders of the United States by using their broad powers to enforce various policies, regulations, and laws related to protecting the borders of the United States.
In the context of immigration law, the Border Patrol agency performs numerous different tasks which are directly related to immigration policies and violations. Examples of common tasks that Border Patrol agency may perform can include:
- Arresting persons that are under suspicion of illegal immigration;
- Building border fences and other structures that are meant to deter unauthorized persons in the United States;
- Participating in the removal or deportation process alongside other federal agencies;
- Patrolling the borders;
- Performing traffic inspections and security checks to detect hidden passengers, including security checks at bus stops and railway stations; and
- Identifying and protecting against any terroristic threats.
It is important to note that a Border Patrol agent is authorized to employ the use of force if it is required to carry out their duties. Additionally, Border Patrol agents often work in conjunction with other federal government agencies, including USCIs and ICE. Border Patrol also works alongside local and state law enforcement agencies.
What Other Issues Does the CBP Agency Monitor?
Once again, the CBP is responsible for border security. As such, the Customs and Border Patrol is commonly responsible for monitoring the following:
- Monitoring the border for any individuals who are seeking illegal access into the country;
- Processing international travelers at border entry points and enforcing border safety;
- Inspecting any items crossing international borders into the United States, especially agricultural products;
- Inspecting international packages for drugs and other contraband;
- Monitoring and identifying suspicious or high-risk individuals seeking entry into the country; and
- Looking for any national or international activities related to major crimes that pose threats to national security, including:
- Human trafficking;
- Terrorism;
- Pirating;
- Drug smuggling; and
- Other major offenses that could impact national security, such as cyber attacks.
There have been recent initiatives with the CBP in which the CBP has warned citizens against ongoing phone scams where impostors solicit money over the phone. Additionally, CBP now employs technology to search electronic items moving across international borders, such as cell phones, laptops, hard drives, and tablets. Further, CBP actually assists with security during major events, such as the Super Bowl.
What Are the Consequences of Crossing the Border Illegally?
A border crossing violation can often lead to serious consequences, as it is considered to be an act of illegal immigration. In the United States, illegal immigration is considered to be a serious federal criminal offense that can result in various legal penalties. Examples of common legal penalties associated with illegal immigration include:
- Removal or deportation of the person that illegally crossed the border from the United States;
- Loss of the temporary or permanent residency status of any individual who crosses the border illegally, including the loss of that person’s ability to later apply for a visa;
- A possible ban on the person’s re-entry to the United States in the future; and
- Possible criminal consequences for anyone that was found to have assisted an individual in crossing the border, including employers, family members, etc.
- For example, the United States Code provides that any person who knowingly aids or assists any alien inadmissible to enter the United States or who conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be subject to a felony charge with punishments including criminal fines, imprisonment of not more than 10 years, or both.
In general, the immediate result of crossing the border is immediate removal from the United States. This punishment is often coupled with the individual being banned from re-entry for a period of time, or in some cases permanently. However, if there was also contraband involved, the individual may receive harsher criminal punishments.
Do I Need an Attorney for Help with Customs and Border Protection Issues?
As can be seen, the Customs and Border Protection agency handles numerous matters that may involve a violation of immigration laws. Because illegal immigration is a serious violation of immigration laws, it is recommended for any individual having issues with the CBP agency to enlist the aid of an experienced United States immigration lawyer.
An experienced immigration lawyer is essential in order to ensure that your legal rights as an immigrant are protected and that you are not banned from obtaining a legal immigrant status in the future. An immigration lawyer will also be well-informed about current United States immigration laws and policies and will be able to represent you at any immigration proceedings or CBP panels, as needed.
