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Potential showdown on immigration reform likely to be on how safe is Southwest border, who decides

FILE: Oct. 12, 2012: An investigator inspects a crime scene where a suspected drug smuggler was shot by a U.S. Border Patrol agent on the Mexico-Arizona border.REUTERS

The effort in Washington to pass immigration reform is headed for a potential showdown over border security – with the Senate and White House plans putting different emphasis on the issue, and Democrats and Republicans appearing to disagree over the extent of the problem.

The likely conflict was highlighted last week when Homeland Security Secretary Janet Napolitano declared U.S. borders secure and said Republicans have a flawed argument about border security needing to precede comprehensive immigration reform.

"I believe the border is secure,” Napolitano said Monday in San Diego, during a three-day swing of the Southwest border. “I believe the border's a safe border (but) that's not to say everything is 100 percent."

She said the Republicans have failed to recognize yearly improvements in contraband seizures and the number of people caught trying to cross the border illegal.

They also think border security is unrelated to interior immigration enforcement such as visa tracking and employment verification and the pathway to citizenship for an estimated 11 million illegal immigrants now living in the United States, Napolitano also said.

While the plan by President Obama, who has made immigration reform a second-term priority, includes tighter border security, the plan by a bipartisan Senate panel is contingent on securing the borders.  

Still, both sides agree that border security has improved since the Bush administration.

Roughly 365,000 people attempted to cross U.S. borders illegally in fiscal 2012 -- a nearly 50 percent drop since fiscal 2008 and 78 percent drop from its peak in fiscal 2000, according to a Feb. 1 report by the U.S. Border Patrol, which based the findings on apprehensions.

Borders agents also seized more than 4.2 million pounds of narcotics and $100 million in unreported currency over that period, the report states.

However, Republicans on the eight-member Senate panel, including Arizona Sen. John McCain, says more needs to be done.

“There remain several areas, particularly in Arizona, where people’s homes are being invaded, where drug smugglers are crossing property every night,” he said last month in a statement. “But there is no question there has been a significant reduction in illegal crossings over the past five years.”

Still, the situation is far from perfect.

Chris Crane, president for the union for Immigration and Customs Enforcement officers, told a House committee Tuesday that agency morale is sagging in part because the country is allowing illegal immigrants to stay.

“Agents cannot make arrests because of overstayed visa,” Crane said. “It’s not illegal anymore. … The agency is falling apart, morale is at an all-time low.”

The Senate plan calls for improving border security through more agents, improved technology such as unmanned drones and the better use of existing resources.

The National Guard in December purportedly agreed to a one-year extension with the Department of Homeland Security to patrol the Southwest border. Roughly 1,200 Guardsmen began patrolling the region with Board Patrol and U.S. Customs agents in 2010, but their ranks have been trimmed to about 300 and their role is now largely to support the roughly 18,000 U.S. Border agents in the region – including more aerial observations.

Despite Napolitano arguing that Republicans have missed the point about border security being tied to visa tracking and employment verification, Florida Sen. Marco Rubio, another Republican on the Senate panel, publicly made the connection weeks earlier.

Rubio told conservative talk radio host Hugh Hewitt that his goal is to ensure border security is part of the reform plan because “if not the workplace enforcement, the visa tracking … don’t happen.”

“Then we are going to be right back here again in five to 10 years with another three, four, five million people who are undocumented,” he said.

The Senate plan includes a component to evaluate the Southwest border – a commission composed of governors, attorneys general and community leaders from that region to monitor security progress and make recommendations.

However, the weight of their findings and to what extent border security is included in the potential-but-likely legislation remains unclear.

“That’s one of the things we’re going to have to discuss,” Rubio told Hewitt. “That’s part of turning a principle into a bill, into a law. … It’s important that we have input from the people that are affected by the border, because it’s one thing to say that the border is certified from, you know, an air conditioned office in Washington. Another thing is to have to deal with it on the ground as a law enforcement person.”

 

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