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Securing Human Mobility in the Age of Risk: New Challenges for Travel

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Securing Human Mobility in the Age of Risk: New Challenges for Travel SECURING HUMAN MOBILITY IN T H E AGE OF RI S K : NEW CH ALLENGE S FOR T RAVEL , MIGRATION , AND BORDER S By Susan Ginsburg April 2010 Migration Policy Institute Washington, DC © 2010, Migration Policy Institute All rights reserved. No part of this publication may be produced or transmitted in any form by any means, electronic or mechanical, including photocopy; or included in any information storage and retrieval system without prior permission in writing from the Migration Policy Institute. Permission for reproducing excerpts from this book should be directed to: Permissions Department, Migration Policy Institute, 1400 16th Street, NW, Suite 300, Washington, DC, 20036, or by contacting [email protected]. Library of Congress Cataloging-in-Publication Data Ginsburg, Susan, 1953- Securing human mobility in the age of risk : new challenges for travel, migration, and borders / by Susan Ginsburg. p. cm. Includes bibliographical references. ISBN 978-0-9742819-6-4 (pbk.) 1. Migration, Internal. 2. Emigration and immigration. 3. Travel. 4. Terrorism. I. Title. HB1952.G57 2010 363.325’991--dc22 2010005791 Cover photo: Daniel Clayton Greer Cover design: April Siruno Interior typesetting: James Decker Printed in the United States of America. TABLE OF CONTENTS Preface ............................................................................................................. V INTRODUCTION: THE LIMITS OF BORDER SECURITY I. MOBILITY SECURITY FACTS AND PRINCIPLES Introduction .......................................................................................31 Chapter 1: Securing Human Mobility as a Homeland Security Mission ........................................................33 Chapter 2: Terrorists, Criminal Mobility Enteprises, and Third-Party Illicit Travel Facilitators .........................................57 Chapter 3: Methods of Illicit Movement ..........................................77 II. ACTING AGAINST TERRORISTS, CRIMINALS, AND CONSPIRATORS Introduction .....................................................................................115 Chapter 4: Terrorist Travel and Human Smuggling Organizations: Information, Analysis, Action ................................121 Chapter 5: Violent Transnational Gang Migration: Focused Deterrence ..........................................................................143 Chapter 6: Terrorists and Human Rights Violators: Travel Bans ......................................................................................161 III. ENSURING MOBILITY INFRASTRUCTURE INTEGRITY AND RESILIENCE Introduction .....................................................................................189 Chapter 7: Travel Documents and Identifi cation ...........................191 Chapter 8: The Temporary Visa Program .......................................217 Chapter 9: International Information Sharing and Privacy ............245 IV. PREVENTING LIFE-THREATENING, ILLEGAL, AND UNCONTROLLED MOVEMENT Introduction .....................................................................................277 Chapter 10: Mobility-Security Agreements ....................................281 Chapter 11: International Institutions to Secure Human Mobility ...............................................................................309 Chapter 12: Managing Borders With Our Neighbors .....................332 Conclusion .................................................................................................... 375 Acknowledgements ................................................................... 381 Works Cited .......................................................................... 385 About the Author .................................................................... 420 About the Migration Policy Institute ................................................ 420 PREFACE he core contention of this volume is that our overall approach to immigra- Ttion and border security is off-kilter; it is not keeping pace with changes in the scale and scope of people’s movement around the world and our expecta- tions for and attitudes toward freedom of movement. I elaborate here on this premise and suggest some practical steps for realigning our approach to human mobility, one key aspect of globalization and an arena for homeland security. The undertaking has been animated by three sources. First, the book is a successor publication to a 2006 report published by the Migration Policy Institute (MPI) titled Countering Terrorist Mobility: Shaping an Operational Strategy.1 That 2006 report argued that immigration for eco- nomic or family reasons and movement in connection with global terrorism raise largely distinct sets of policy concerns that have to be clearly separated in order to address each most effectively. Aimed at the government policymakers, managers, and frontline practitioners concerned with ensuring that terror- ists do not cross US borders undetected, the report proposed specific steps to detect, disrupt, and exploit terrorist mobility. The publication expanded on a recommendation in the 9/11 Commission report that terrorist and criminal travel, even more than terrorist finance and money laundering, should become a prominent vehicle for counterterrorism and crime control. The perspective and recommendations in Countering Terrorist Mobility have gained some cur- rency but have not been fully absorbed. So this book takes another crack at explaining why and how countering terrorist mobility is an important aspect of homeland security and counterterrorism. Second, shortly after the publication of Countering Terrorist Mobility, two government officials, one a political appointee at the Department of State and the other a former federal agent serving in a senior intelligence position at the Department of Homeland Security, separately made the same comment to me: An effort must be made to determine how the United States should interact with global partners to establish an international framework — legal, strate- gic, and operational — for dealing with terrorist mobility and border security. This book takes up that challenge. Many of us have been confused about how V domestic policy on immigration, border management, and travel should join up with foreign policy and security strategy relating to terrorism and crime control. This book attempts to sort that out. Third, many voices in civil-society organizations; in the military, intelligence, and law-enforcement communities; in academia; and in public policy circles have insisted that the US government has too closely linked immigration policy and security strategy surrounding the movement of people.2 I share the view that the United States has boxed itself in to a position where an oversim- plified version of border security and immigration enforcement, which results in the detention of thousands of people, is equated with counterterrorism. The United States also seems to be trapped in a system in which we act as if it is inevitable that errant tourists and students are occasionally shackled and detained as if they were terrorists or dangerous criminals. Yet these actions disrupt the lives, offend the sensibilities, and undermine the rights of law-abid- ing persons. They also impose unnecessary costs on families, institutions, and US public diplomacy. I believe that sloganeering politics has prevented acknowledgement of the importance of expanding the rule of law in global mobility channels, and denied attention to the full range of what needs to be done to improve security relating to the movement of people. So, I have tried with this book to sketch a broader spectrum of mobility policy, from taking action against terrorists and human traffickers to sustaining the integrity and resilience of mobility chan- nels, and preventing illegal and uncontrolled movement that is dangerous to migrants, populations, and states. My book contains four different elements — some description of the move- ment, both positive and negative, that is occurring; a proposed strategic frame- work for understanding the new mission of securing human movement in the context of homeland or civil security; an account of some of the policy arenas that are rising in importance because of this mission; and proposals that address these issues. By highlighting the new contours of illicit mobility and measures to preclude harms and bolster resilience, I aim to build consensus around moving away from the type of narrow approach that concentrates resources on border security and illegal immigration enforcement. Much more discussion, research, and reporting are needed to build that consensus and develop appro- priate strategies; my hope is that this book contributes to this effort by proving a solid framework for debate and elaboration. VI SECUR I NG HUMAN MOB I L I TY One criticism of Countering Terrorist Mobility was that it was insufficiently denunciatory of government policy at the time and too optimistic about what could be achieved going forward. It runs against my grain to attack individu- als who are dedicating themselves to the public’s well-being and who have a great deal more public exposure and accountability than I do, even if I disagree with their beliefs. Writing here as a policy analyst, I aim to discover produc- tive, responsive, feasible policy innovation, and to develop ideas drawn from discussions with current practitioners, scholars, and thinkers within a theoreti- cal frame that suits current conditions. Realistic, sometimes tough assessments are a necessary
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