Showing posts with label contractor. Show all posts
Showing posts with label contractor. Show all posts

Saturday, January 10, 2015

Hidalgo County judge launches investigation into conflict of interest

The Monitor
January 10, 2015
by Jacob Fischler

EDINBURG — After a year of battling with the county’s drainage director on various fronts, Hidalgo County Judge Ramon Garcia launched an investigation this week into drainage district subcontracts that went to a company owned by the wife of district Manager Godfrey Garza.

After learning late last year that drainage district contractors in 2007 hired Valley Data Collection Specialists, Inc., a company owned by Garza’s wife, Garcia sent a letter Monday to Garza’s company, Integ Corp., requesting an accounting of all contracts and subcontracts that went to the company since then.

“You, as the Drainage District Manager, are responsible to negotiate with the contractors we hire,” Garcia wrote. “On December 16, 2014, we learned that your wife is the owner of a company (Valley Data Collection Specialists, Inc.) that does subcontracting work for contractors you negotiate with… Therefore I believe there exists a serious conflict of interest in your part.”

In an interview, Garza said he would provide the judge with a response that answered his questions, but added that his wife did not own the company at the time it was subcontracted for county projects.

“We're going to respond back to him on the letter that he submitted to Integ,” Garza said. “And in response to the letter, we should be able to answer the questions that he has. Specifically, the question on Valley Data going back to 2007 — my wife was not the owner then.”

Garza declined to say when his wife did become the owner, saying he preferred to withhold that information until he wrote it in the letter.

But he added: “I never contracted with myself or my interests.”

The issue became public in a commissioners court meeting Dec. 16 when Garcia questioned Garza’s stewardship of public money — as has become routine at the drainage district portions of commissioners court.

“See, my concern is here you are representing us, entering into contracts with the contractors and then the contractors entering into contracts with your company — well, your family’s company,” Garcia said to Garza. “Don’t you really seriously believe that constitutes a conflict of interest?”

Garza said he needed to research the issue and could not answer at the time.

The two have butted heads continually since at least last January, when Garcia learned that an earlier contract with the county had paid Integ — Garcia believed erroneously — a 1.5 percent commission for work on the hybrid border wall-levee system.


Garcia and other commissioners soon thereafter sought to begin a transition to a new drainage district manager who could be ready to take over by the time Garza’s contract expires in February 2015. But commissioners have yet to settle on a job description for the new manager or an assistant manager who could one day replace Garza.

http://m.themonitor.com/news/local/hidalgo-county-judge-launches-investigation-into-conflict-of-interest/article_af2aa6f0-9932-11e4-a7b5-cba304796e84.html?mode=jqm


Thursday, May 8, 2014

Texas lawmaker alleges wasteful spending by DHS at border

Brownsville Herald
May 8, 2014
by Ty Johnson

One Texan on the U.S. House of Representatives’ Committee on Homeland Security questioned border fence construction Wednesday during the committee’s hearing on government waste within the Department of Homeland Security.
U.S. Rep. Beto O’Rourke, D-El Paso, spoke specifically about border security during the hearing, which was held about a week after the Government Account ability Office issued a report concerning DHS, which has been classified at “high risk” for government waste since the department’s creation in 2002.
 
While the unique missions of the department’s many components, including U.S. Customs and Border Protection and Immigrations and Customs Enforcement, make it difficult to create uniformity within the department, lawmakers have filed legislation to encourage DHS to get its house in order.
 
The agencies where risk was deemed highest include CBP, ICE, Coast Guard and the Federal Emergency Management Agency.O’Rourke noted two projects along t
he border that were receiving heavy capital investment even as complications were revealed.
 
“Generally, I thinkthat spending withinthe Department of Home-land Security is out of control,” he said Wednesday afternoon.

During the hearing, O’Rourke noted that his assessment is backed up by countless GAO reports that show DHS beginning expensive projects without knowing the full cost or having defined goals for the projects.
 
O’Rourke said the classic example of a border security boondoggle was SBINet, a part of the Secure Border Initiative that DHS launched in 2006.
 
The project cost ended up topping $1 billion before it ultimately was scrapped by then-Secretary Janet Napolitano in 2010, he said.
 
The project had intended to place technologically advanced towers along the border to help with border security, but ultimately the department had nothing to show for it.
 
“What is very concerning to me is I don’t know how much DHS has learned from that very costly solution,” he said.
 
O’Rourke said he sees similarities between SBINet and DHS’ current plan to place integrated fixed towers along Arizona’s border with Mexico to provide additional monitoring of activity. The price tag on that project is poised to top $500 million even though O’Rourke said there are no metrics or clear lifecycle costs for the project.O’Rourke also criticized a $5.5 million project to erect a half-mile stretch of border fencing at Hart’s Mill, a historic crossing point near El Paso.
 
The freshman congressman said crossings at that point have decreased recently and are now a fraction of what statistics indicated four years ago, but the project is still moving forward.
 
“Why fence a half-mile section when there’s no demonstrable need?” he asked, explaining that he brought that up with former DHS leaders and was told that the projects were too far along to be halted.
 
O’Rourke said while the El Paso fence project didn’t account for a large percentage of the department’s budget, the number of other projects along the border could end up costing taxpayers a lot to cut off land from the rest of the country.
 
“$5.5 million may not sound like a lot, but $5.5 million here, $5.5 million there — soon it adds up and becomes real money,” he said.
 
O’Rourke, like many Democrats in Congress who represent border districts, said fencing in and of itself is not a smart investment for the federal government.
 
“Whatever you think about a wall, the need is just not there,” he said, explaining that the costs of building and maintaining a fence along the border had little return on investment compared to other expenses.
 
“That money could go to hire customs officers, which we desperately need along the border,” he said.The full cost for hiring an additional customs officer, he said, is about $144,000, but the Commerce Department has found that single hire can help contribute an additional $2 million into the economy while creating another 33 jobs, many concentrated in border states like Texas.
 
O’Rourke said DHS should work to redistribute its assets, especially personnel, to meet the needs along the border and stop constructing fixed structures.
 
He said he thinks contractors are to blame for the runaway border spending, as the GAO report suggested that was the issue with SBINet.
 
“Ultimately the contractors were writing the scope of the contract,” he said. “The agency itself no longer had control, which is why it turned out to be such a fiasco.”
 
The DHS Acquisition Accountability and Efficiency Act, which aims to curtail spending within the department, has been placed on the House calendar and will be considered by the full House after its Committee on Homeland Security gave it a favorable recommendation last week.
 
U.S. Rep. Filemon Vela Jr., D-Brownsville, serves on the committee but was not present for Wednesday morning’s hearing.

http://m.brownsvilleherald.com/news/local/article_2afcc190-d661-11e3-85aa-0017a43b2370.html?mode=jqm#.U2tvx_lm7uE.facebook

Thursday, March 20, 2014

At Border Security Expo, companies keep eyes on lucrative U.S. market

Los Angeles Times
March 19, 2014
by Cindy Carcamo

PHOENIX — A fake barrel cactus with a camera mounted inside. An unmanned robot hardy enough to explore underground drug tunnels. Software that recognizes faces while tapping into federal databases.

"We give them a tasting here," said Steve Roser, vice president of Elbit Systems of America, who was hawking drones this week at the annual Border Security Expo, a high-tech bazaar aimed at those who police the criminal shadow lands along international frontiers. "We get them a little interested."

U.S. Customs and Border Protection last year spent more than $300 million for border security, fencing infrastructure and technology, and has requested appropriations totaling nearly $400 million for 2015.

But the border bonanza may only be beginning. An immigration reform plan debated in Congress last year called for raising the ante by several orders of magnitude, spending as much as $46 billion on heightened border security, including $3.2 billion on sophisticated surveillance equipment.

The legislation stalled, but that hasn't stopped the growth of the gadget-heavy industry on display here at what is billed as the largest exhibit of border security equipment in the world.

Attendees from 14 nations surveyed gizmos from nearly 100 manufacturers aimed at "disrupting and dismantling transnational criminal organizations" — and tapping into what is seen as an increasingly lucrative U.S. market.

With worldwide demand rising for security products, "there's more development in this field for devices that help people protect themselves," said Enrique H. Herrera Martinez, chief executive of TPS Global, which develops armored vehicles.

Men and women in suits and law enforcement uniforms milled around a convention hall during the two-day conference that ended Wednesday, ogling hundreds of high-tech instruments designed to detect humans — be they drug smugglers, immigrants or others — making their way into a country.

Gregory Schultz, who co-owns a Tucson-based business that manufactures clothing that stops electricity from penetrating a body, said his product, Thorshield, could help save border agents at risk of having their stun guns seized by assailants and used against them.

Schultz covered his hand in the cotton-like material, took up a stun gun and fired repeatedly.

"It's a highly conductive fabric that actually short-circuits stun guns and Tasers," he said without blinking.

Roser said his company's drones were in use along the Afghan and Israeli borders.

The unmanned aerial vehicle, which has a camera able to move any which way, is compact enough to carry in a backpack. It's light enough to launch by hand and can soar up to 3,000 feet.

Roser said expos such as the one in Phoenix were crucial, giving him the opportunity to meet the movers, shakers and purse-string holders in high levels of the federal government.

Matthew C. Allen, a special agent with U.S. Immigration and Customs Enforcement, said government must improve its technological expertise because criminals were doing the same thing. "We have adaptable adversaries," he said.

But this festival of peddling and purchasing comes at a time when President Obama and congressional Republicans are at odds about a budget and already are ordering a $500-billion cut to defense spending over the next decade.

And it's exactly these types of surveillance gadgets that worry people like Chris Rickerd, policy counsel for the American Civil Liberties Union, who wonders whether criminals will be the only ones in these high-tech surveillance sights.

"It's creating a warlike setting. There is a real question of fiscal responsibility, but also quality of life in border communities," he said. "There's not enough oversight."

Rickerd said there needs to be a thorough evaluation of whether the technology now in place is working before purchasing more gadgets.

He pointed to the Secure Border Initiative Network, a $1-billion system with a high error rate that ended up covering only a 53-mile stretch of the Arizona-Mexico border with high-tech cameras, radar and vibration sensors.

In 2011, officials replaced it with the Arizona Border Surveillance Technology Plan, a $700-million high-tech effort to boost border security. The Government Accountability Office in a report this month found that the effort had no evaluation system, so there's no way to show whether new camera towers or motion sensors have helped Border Patrol agents.

"Rolling out projects like that is really concerning," Rickerd said. "It's a waste of money."

Still, there was no shortage at this week's expo of opportunities for spending money.
Kurt Ludwigsen held a faux tree stump in one hand and a fake small cactus in the other. These polyurethane concealments, some as tall as 7 feet, can be used for different purposes but mainly are designed to house spy cameras that can be wired to another location or send data to a smartphone.

"Specifically for the border what you're looking to do is … drop these every thousand yards all along the way and have that digital feed come back to you," Ludwigsen said.

Perhaps the most eye-catching exhibit was a bullet-riddled 2008 Jeep Grand Cherokee that used to belong to Minerva Bautista Gomez, security chief for the Mexican state of Michoacan. Drug cartel members attacked the SUV in 2010 with guns and grenades.

"It took 14 minutes of nonstop fire," said Patricio Canavati, manager of operations in Texas for TPS Global. There were 2,700 bullet shells found at the scene, Canavati said. "Thank God she walked away with only minor scratches and bruises."

The company, which is headquartered in Mexico, opened its first U.S. office about a year ago, Herrera Martinez said.

He's optimistic about tapping into the American market.

http://www.latimes.com/nation/la-na-ff-border-security-20140320,0,536970.story#axzz2wYfshQza

Friday, June 7, 2013

As Wars End, a Rush to Grab Dollars Spent on the Border

New York Times June 6, 2013 by Eric Lipton TUCSON — The nation’s largest military contractors, facing federal budget cuts and the withdrawals from two wars, are turning their sights to the Mexican border in the hopes of collecting some of the billions of dollars expected to be spent on tighter security if immigration legislation becomes law. Half a dozen major military contractors, including Raytheon, Lockheed Martin and General Dynamics, are preparing for an unusual desert showdown here this summer, demonstrating their military-grade radar and long-range camera systems in an effort to secure a Homeland Security Department contract worth as much as $1 billion. Northrop Grumman, meanwhile, is pitching to Homeland Security officials an automated tracking device — first built for the Pentagon to find roadside bombs in Afghanistan — that could be mounted on aerial drones to find illegal border crossers. And General Atomics, which manufactures the reconnaissance drones, wants to double the size of the fleet under a recently awarded contract worth up to $443 million. The military-style buildup at the border zone, which started in the Tucson area late in the Bush administration, would become all but mandatory under the bill pending before the Senate. It requires that within six months of enactment, Homeland Security submit a plan to achieve “effective control” and “persistent surveillance” of the entire 1,969-mile land border with Mexico, something never before accomplished. For military contractors, that could be a real boon. “There are only so many missile systems and Apache attack helicopters you can sell,” said Dennis L. Hoffman, an Arizona State University economics professor who has studied future potential markets for the defense industry. “This push toward border security fits very well with the need to create an ongoing stream of revenue.” Since 2005, the number of Border Patrol agents has doubled to 21,000, and the stretches protected by pedestrian or vehicle fencing have grown to 651 miles as of last year from 135. But there are still large swaths where people trying to enter the United States illegally have good odds of success, particularly in rural Texas. And with budget cutting in the past two years, money for surveillance equipment along the border has been pared back. “The main gap in our ability to provide a more secure border at this point is technology,” Mark S. Borkowski, the head of acquisitions for Homeland Security’s Customs and Border Protection, told participants at a border security industry conference in March. Military contractors have not played a significant role in lobbying for the passage of the immigration legislation, which includes $4.5 billion to bolster border security over the next five years. But teams of lobbyists, including former Senator Alfonse M. D’Amato, a New York Republican, and Benjamin Abrams, a former top aide to Representative Steny H. Hoyer, a Maryland Democrat and House minority whip, have already been pressing Homeland Security officials and lawmakers on behalf of their clients, efforts that have been backed up with millions of dollars of industry campaign contributions. Homeland Security would have to decide, in consultation with Congress, how to divide the money — on long-range cameras, radar systems, mobile surveillance equipment, aircraft or lower-tech solutions like more border agents or physical fences — decisions that would determine how various contractors might fare. “It has been a tough time for the industry: people have been laid off or furloughed,” said James P. Creaghan, a lobbyist who represents a small Texas company, Personal Defense, which is trying to sell more night-vision goggles to Homeland Security. “This could help out.” Northrop has won some important allies on Capitol Hill, including Senator Thomas R. Carper, Democrat of Delaware, the chairman of the Homeland Security and Governmental Affairs Committee, who is urging the department to invest more in Northrop’s drone-mounted surveillance system, called Vader. General Atomics, which Mr. D’Amato represents, has so much support in Congress that it has pressed Homeland Security in recent years to buy more Predator drones than the department has the personnel to operate, so they often sit unused, according to an agency audit. The specific requirement in the legislation now before the Senate is that Homeland Security must install surveillance equipment or other measures that would allow it to apprehend or turn back 9 out of 10 people trying to illegally enter across all sectors of the southern land border. The department would be prohibited from moving ahead with the “pathway to citizenship” for immigrants already in the United States until this new security strategy is “substantially operational.” The bill is scheduled to be taken up for debate on the Senate floor next week, and certain Republicans have already drafted amendments that would make the requirement even more demanding, explicitly mandating that the 90 percent standard be achieved before the pathway to citizenship can proceed. The Tucson area, for years the busiest crossing point for illegal immigrants, has served as the testing ground for the federal government’s high-technology border effort, although even senior Homeland Security officials acknowledge it got off to a poor start. Boeing was selected back in 2006, when the last major push by Congress to rewrite the nation’s immigration laws was under way, to create a “virtual fence” that would use radar and video systems to identify and track incursions, information that would then be beamed to regional command centers and border agents in the field. But the ground radar system at first kept shutting down because of faulty circuit breakers, audits found, while the towers installed for the mounting of radar and advanced long-range cameras swayed too much in the desert winds. Even rainstorms snarled things, creating countless false alerts. “It should have been pretty simple,” Mr. Borkowski said in a recent speech of the troubled $850 million project. “We weren’t frankly smart enough.” Critics say the government often is too fixated on high-technology solutions. C. Stewart Verdery Jr., a former Homeland Security official who now runs a lobbying firm, said federal officials should instead focus their limited resources on making it harder for illegal immigrants to work in the United States, an approach that would serve as an effective deterrent. “Where are you going to get the biggest bang for the buck?” Mr. Verdery said. “Enforcement of the workplace is probably the best area to invest more dollars.” But the technological solutions still have many advocates in Arizona, where Border Patrol officials contend that the equipment Boeing installed, despite its flaws, has fundamentally changed the cat-and-mouse game that plays out every day. One recent afternoon, as the temperature in the Arizona desert hovered near 100 degrees, Border Patrol agents stationed inside a command center in Tucson were notified that a ground sensor had gone off. The command center, built under the Boeing contract, resembles the set from the Hollywood movie “Minority Report,” with Border Patrol agents sitting in front of banks of computer terminals and oversize screens that allow them to virtually fly over huge expanses of open desert 70 miles away. Using his computer, one agent pointed the long-range, heat-seeking camera at the location where the sensor had gone off. Within seconds, black-and-white images of a group of men and women walking rapidly through the desert heat appeared on his screen. “One, two, three, four, five,” the agent called out, counting until he reached 15 people in the group. He also carefully scanned the images to see if any of the people were carrying large sacks, a sign of a possible drug delivery, or had any rifles or other weapons. The Border Patrol radios lit up as he directed nearby agents on the ground to respond and called for backup from one of Customs and Border Protection’s helicopters based in Tucson. “What you see today is like night and day compared to what we had,” said Cmdr. Jeffrey Self of the Border Patrol, who oversees the Tucson region. The Boeing system, along with the surge in Border Patrol agents, has resulted in a major drop in attempted illegal crossings, he said, with apprehensions dropping 80 percent since their peak in 2000, considered a sign of a drop in overall traffic. But the system’s weaknesses are still apparent. The computer terminal crashed while the search was under way, cutting off one agent’s video feed. And on that recent afternoon, no air support was immediately available. The one helicopter nearby that was on duty was running low on fuel, so it did not arrive on the scene until 90 minutes later. Meanwhile, the Border Patrol agents at the Tucson command center lost the border crossers as they dropped into a ditch, taking them out of the line of sight of the camera and radar. Apparently seeing Border Patrol trucks and the helicopter, the group realized it had been spotted and retreated back south, an agency spokesman said. The 15 were marked down as “turn backs.” Homeland Security has been preparing for more than a year to expand this system, under a new contract that would rely on proven surveillance technology. That is why the military contractors vying for the job will be asked in coming weeks to demonstrate their gear. The department also wants to identify a mix of equipment — some on fixed towers, others on trucks for mobility — so that officials can tailor uses to the different needs along the border. Department officials said their choices would be driven by a determination of what the best available tools were for securing the border, not what the defense contractors or their lobbyists were pitching. Customs and Border Protection officials, said Michael J. Friel, a department spokesman in a statement, are “dedicated to continuing this progress towards a safer, stronger and more secure border.” http://www.nytimes.com/2013/06/07/us/us-military-firms-eye-border-security-contracts.html?ref=ericlipton&_r=0

Tuesday, June 4, 2013

Border technology remains flawed

Arizona Republic June 3, 2013 by Bob Ortega UCSON - A long, sharp, high-pitched beep sounds every 30 or 40 seconds at the Border Patrol’s windowless sector-control room. Agents here monitor a vast array of video screens and sensors linked to cameras, radar and other surveillance equipment along 262 miles of the Arizona-Mexico border — including hundreds of ground sensors that beep loudly whenever one detects something. That something might be a drug smuggler or a migrant — but far, far more often, it’s a cow, or the wind, or some other false alarm, which may be why the agents seem to pay these constant beeps little mind. To complement the 651 miles of barriers along the U.S.-Mexican border, Customs and Border Protection deploys drones, tethered radar blimps, P-3 Orion surveillance aircraft, thermal-imaging devices, towers with day and night video cameras, ground surveillance radar and much more. But, as the ceaseless beeping of the sensor alarms illustrates, many pieces of that technology are flawed: Some produce frequent false alarms, some suffer detection failures or leave gaps in coverage. Then, too, CBP — despite spending more than $106 billion over the past five years militarizing and securing the border — struggles to mesh these pieces smoothly together so it can make good use of the data they provide. The flaws, the gaps and the challenges in analyzing the data have left CBP, of which the Border Patrol is a part, unable to answer such seemingly basic questions as how well all of this technology works and how many of the people and how much of the drugs coming across the border make it through. Many border-security analysts see that lack of answers as problematic, given current plans in Congress. The comprehensive immigration-reform bill being debated in the Senate would boost border-security spending by as much as $6.5 billion over the next five years. That would roughly quadruple the more than $2 billion in Customs and Border Protection’s existing budget plans for more technology and to fix what’s in place. In a nutshell, the bill would require the Border Patrol to build more fencing, more stations and more remote “forward-operating bases” near the border; to increase surveillance to cover the entire border 24 hours a day, seven days a week; to deploy more planes, helicopters and drones; to increase horse patrols; and to improve radio equipment and communication with other federal, state and local law enforcement. The bill also mandates hiring another 3,500 CBP officers (who work at ports of entry, versus Border Patrol agents, who work the rest of the border), a 16-percent increase, among other provisions. And it would require the Border Patrol to apprehend or turn back 90 percent of would-be border crossers. Within Congress, tighter border security has been treated as a precondition for any reform of immigration policy, but many analysts and academics who study the border express doubts about the need for more fences, agents and surveillance. The number of Border Patrol agents nearly doubled over the last seven fiscal years, to 21,394. But over that time period, the number of migrants heading north plunged — mostly because of the U.S. economic downturn, most analysts say, but also in part because of the increasing dangers of going north as more fences and surveillance pushed crossers into more remote areas. Border Patrol apprehensions fell 69 percent over those years, from nearly 1.2 million to fewer than 365,000. In 2005, Border Patrol agents apprehended an average of 106 people a year apiece. Last year, each agent apprehended an average of 17 people, or about one person every three weeks. In the Tucson Sector, each agent averaged 28 apprehensions a year, or about one every 13 days. In Yuma, each agent averaged one every two months. In the El Paso Sector, the least busy, each agent averaged 3.5 apprehensions a year. “On a lot of parts of the border, it’s gotten to the point that every person we put out there makes less and less of an additional difference,” said Eric Olson, associate director of the Latin American program at the Wilson Center, a nonpartisan Washington, D.C.-based think tank that seeks to connect academic research to public-policy discussion. Complicating this picture is the fact that over the six months ending in March, Border Patrol apprehensions along the Southwest border climbed 13 percent from a year earlier, to just over 189,000. Most of that increase is happening in Texas’ Rio Grande Valley. Even with this rebound, apprehension numbers over that period are still the third lowest since 1972, above only last year and the year before. Looking at the current state of border security, most analysts agree on some needs — such as improving radio communications — but some say CBP really should focus on what it has in hand. “It’s not just putting a surveillance camera somewhere and you’re done; the challenge is integrating the data into Border Patrol operations. ... The Department of Homeland Security (which includes CBP) needs to step back ... and integrate the technology they have now before they get any new technology,” said James Lewis, director of the technology and public-policy program at the Center for Strategic and International Studies, a conservative D.C. foreign-policy think tank focused on political, economic and security issues. Edward Alden, a senior fellow at the Council on Foreign Relations, said what is “really needed is a serious management effort to see what works and what doesn’t.” The lack of such an assessment “is at some level an irresponsible use of taxpayer dollars, given that we spend $18 billion a year on immigration enforcement,” added Alden, one of the authors of a recent study on the effectiveness of border enforcement. U.S. Sen. Jeff Flake, one of the “Gang of Eight” promoting immigration reform in Washington along with Arizona’s other Republican senator, John McCain, said Saturday that the issues of added border security and technology snafus have been thoroughly discussed. “We believe the situation clearly is better on the border than in times past; the frustration with all of us is with conflicting information out of DHS. Within the same report, they’ll use increased apprehensions to signal success, and decreased apprehensions to signal success,” Flake said. “We haven’t had a comprehensive plan by the Border Patrol to reach certain metrics of effectiveness. We did come to the conclusion that more barriers in certain places, more manpower where they need it and more technology would help ... but in combination with employer enforcement, and a legal framework for people to come in.” The Republic made several requests to interview Mark Borkowski, the CPB’s assistant commissioner in charge of technology and acquisition. DHS and CPB did not make him or other agency officials available. Faulty ground sensors The ground sensors offer one example of the challenge of making sure technology works properly. About 13,400 have been deployed piecemeal along the border over several decades. They are typically placed along known or suspected migrant or smuggler routes, and may detect vibrations (for foot traffic), metal (for vehicles) or have acoustic or infrared sensors. Sensors from the Vietnam War era remain in use. A possible false alarm from a ground sensor, and faulty radio communications, may have contributed to the death of Border Patrol Agent Nicholas Ivie in a friendly-fire incident Oct. 2. As is often the case with sensor alarms, agents didn’t detect anyone but each other when they arrived. Ivie, responding separately, apparently mistook the other agents for smugglers and opened fire. One of the agents shot and killed him. But false alarms are nothing new. In 2005, Homeland Security’s inspector general reported that only 4 percent of the alarm signals detected migrants or smugglers (34 percent were confirmed false alarms, 62 percent couldn’t be determined). The sensors, which run on batteries, frequently fail because of corrosion or bugs eating through wires. They were supposed to be replaced as part of the $1.1 billion Secure Border Initiative, a massive 2006 effort to boost security at the border. But most of the money was spent on a problematic network of high-tech towers, known as SBInet. The towers, to be equipped with video and infrared cameras and radar, were to cover the whole border. By the time Homeland Security pulled the plug in 2010, after a host of problems, the contractor, Boeing, had completed only 15 towers covering a 72-mile stretch of Arizona’s border. Most of the old ground sensors — with their false-alarm problems — remained. In January 2011, Homeland Security launched another initiative, the Arizona Border Surveillance Technology Plan. That plan called for spending $1.5 billion over 10 years to integrate the SBInet towers, build new camera towers, buy trucks loaded with surveillance gear — and replace 525 ground sensors in Arizona with more sophisticated military models. The military sensors use a combination of technologies that can distinguish more accurately between, say, a four-legged coyote and the two-legged kind, and can even detect the direction of travel. But CBP confirmed this past week that — eight years after the problems were identified — the sensors still had not been replaced. However, under the new technology plan, Arizona agents have received: Twenty-three hand-held thermal-imaging devices (like night-vision binoculars). Two “scope trucks” – modified Ford 150 4x4 trucks with day and night cameras mounted on retractable poles. Twelve “agent portable surveillance systems,” which include radar, video and infrared video sensors and can be carried in a box and set up on tripods. Drone problems Drones, too, have proven problematic. So far, CBP has acquired 10 drones, all versions of the Predator B made by General Atomics, for about $18 million apiece. CBP’s unarmed drones carry radar, video and infrared sensors. Theoretically, the drones can fly for up to 20 hours at a time. But last year, according to CBP, the drones flew an average of 94 minutes a day. The main problem: CBP spent so much of its budget buying the drones that it hadn’t set aside enough to operate them. “They’re on the ground most of the time for lack of funding,” said Adam Isacson, a regional security-policy analyst for the Washington Office on Latin America, a human-rights organization that studies the effects of U.S. policies on Latin America. “They cost $3,234 an hour to operate. They haven’t had the budget for maintenance or crews.” Last year, Homeland Security’s inspector general found that, because of poor planning, CBP not only flew the drones less than one-third the number of planned hours in 2011, but also had to use $25 million from other budgets pay for the hours the drones did fly. CBP also didn’t have enough operational support equipment at the airfields where the drones are based, and didn’t prioritize missions effectively, the inspector general found — all findings with which CBP concurred. Flight hours last year rose 30 percent from the year before, to 5,700, but were still well below half the target hours. Budget cuts this year because of the congressional sequester are likely to further limit flight hours, Isacson said. The drones are sensitive to high winds and thunderstorms. They face Federal Aviation Administration flight restrictions because they are less able than manned aircraft to detect other aircraft and avoid collisions. And their use raises privacy concerns. At a Senate hearing in March, Sen. Tom Coburn, R-Okla., cited reports that “DHS has customized its drone fleet to carry out domestic surveillance missions such as identifying civilians carrying guns ...” that fly in the face of civil liberties. “We must ask whether the trade-off in terms of border security is worth the privacy sacrifice.” But CBP officials have said they believe FAA concerns and other issues can be addressed, and that drones can help increase surveillance wherever it’s most needed. More coordination In practice, every piece of technology at the border has limitations: Eight aerostats, or tethered radar blimps, that CBP is taking over from the military, can’t be flown in high winds, and the line-of-sight radar makes them less effective in rugged, mountainous areas, which is much of the Tucson Sector. In May 2011, an aerostat crashed in a Sierra Vista neighborhood after coming loose in 50-mile-an-hour wind gusts. CBP limits the use of its 16 Blackhawk helicopters because the high rate at which they guzzle fuel makes them very expensive to operate, according to pilots; and CBP budget documents confirm plans to temporarily ground nine of the 16 Blackhawks next year pending enough money for renovations. The 16 workhorse P-3 Orion surveillance aircraft are, on average, 42 years old. Refurbishing costs $28 million apiece. But the bigger issue is a lack of coordination in fitting all of the pieces together and making effective use of the data they provide, said Rick Van Schoik, director of the North American Center for Transborder Studies at Arizona State University in Phoenix. “It’s still hard for CBP to figure out what we get out of all these billions that have been spent,” he said, which hampers planning for the future. Others argue that focus now should be on the ports of entry rather than on the vast spaces between them. By some estimates, as many as 40 percent of undocumented migrants are people who entered legally through ports of entry and overstayed their visas, said Eric Olson, at the Wilson Center. And, according to CBP data, most hard drugs are smuggled through the ports. “A strong case can be made now that the biggest risks are at the ports of entry,” Olson said. Olson supports the bill’s call to add 3,500 more CBP officers, which he said also potentially “has a huge benefit, which is making the ports more efficient and reducing wait times for business and for legal travelers between the U.S. and Mexico.” Outside analysts aren’t the only ones suggesting Congress reconsider its focus on more security. A May 3 Congressional Research Service study invited members of Congress to consider that “certain additional investments at the border may be met with diminishing returns.” Some lawmakers, the report said, “may question the concrete benefits of deploying more sophisticated surveillance systems across ... vast regions in which too few personnel are deployed to respond to the occasional illegal entry that may be detected.” For their part, Homeland Security, CBP and Border Patrol officials in recent months reiterated Secretary Janet Napolitano’s insistence that the border is more secure than ever before. And Assistant Commissioner Borkowski earlier this year made it clear CBP learned one lesson from its past struggles with technology: He said CBP won’t even consider buying technology unless it has been proven to work in the field. But Rep. Raúl Grijalva, D-Ariz., sees the push for border security as political. “Without it, you don’t have a path to citizenship or any real compromise” in the immigration bill, he said. “But if we’re going to put more resources on the border, we should modernize the ports of entry, to expedite trade and travel,” Grijalva said. More drones, towers and sensors “may have symbolic value. But it’s fighting a perception, rather than a reality.” http://www.azcentral.com/news/politics/articles/20130524border-technology-flawed.html

Wednesday, March 27, 2013

Southern Arizona in the Crosshairs

Tucson Weekly
March 21, 2013
by Todd Miller

Razor wire was coiled around a rudimentary wooden shelter. Under it, a hunched man concentrated, looking into his laptop. Cameras and radar were set up on a retractable mast behind him and could detect any activity at long range, day and night. Desert camouflage covered this large mobile surveillance machine, which was surrounded by sandbags and desert shrubs.

Dressed sharply in a suit and tie, the man was not in a militarized border zone. The DRS Technologies salesman was in the Phoenix Convention Center, trying, as the midsize military and electronics company's motto asserts, to draw "clarity from the clutter."

This "bring the battlefield to the border" scenario (as another sales representative put it), was in play throughout the spacious exhibition hall at the seventh annual Border Security Expo on March 12 and 13. Almost 200 companies big (Raytheon) and small (Tucson-based StrongWatch), were competing for the multibillion-dollar border policing pie.

The exhibition hall was a bustling mall for the surveillance state. Uniformed Border Patrol agents and other law enforcement personnel were among the civilians browsing the exhibitor booths. Products ranging from minisurveillance drones to self-heating meals (with a three-year shelf life) to semi-automatic weapons were on display. Overhead, a surveillance blimp kept an eye on everybody walking around. In the middle of the hall was a tower able to withstand a high-level blast. It looked like something from a military base in Afghanistan, but it's now envisioned for border control.

"It's as if the United States is pulling out of Afghanistan, and invading Arizona," said Dan Millis of the Sierra Club's Tucson-based Borderlands Campaign, which opposes any new border fencing along the U.S.-Mexico border.

In 2012, the U.S. government spent $18 billion on border and immigration enforcement agencies, more than on all other federal law enforcement agencies—including the FBI, DEA, Secret Service and several others'—combined. Tucson and Southern Arizona are front and center in this border policing bonanza, and it's one of the reasons the Washington D.C.-based DRS Technologies has also set up shop at the University of Arizona's Science and Technology Park on Rita Road.

The UA tech park has identified 57 border technology companies working in and around Tucson in what Bruce Wright, associate vice president for university research parks, called an "emerging industry cluster." Wright said that when you consider the international market for border technology, it is a booming industry approaching $20 billion in sales in 2013 and projected to reach $54.4 billion by 2018.

"Here we are living on the border—turning lemons into lemonade. If we are to deal with the problem, what is the economic benefit from dealing with it?" Wright said during a February 2012 interview. "Well, we can build an industry around this problem that creates employment, wages, and wealth for this region ... and this technology can be sold all over the world. So it becomes an industry cluster that is very beneficial to us in Southern Arizona."

The tech park is offering testing and evaluation services for border technology on its 1,345 acres, which includes a mockup with 18,000 linear feet of border fencing surrounding its solar farm. The tech park's business incubator helps startup border tech companies commercialize their products and gets them connected with the right people. At a March 1 event, when the tech park was showcasing DRS Technologies' integrated fixed-tower system (which included a command and control center), Wright said that "Southern Arizona could become the leading center in the world for the development and deployment of this technology."

This shouldn't be a surprise. Although in 2011 DHS canceled its contract with the Boeing Corp. for the previous technology surveillance plan known as SBInet, all eyes are still on the possibility of a virtual "wall" across Southern Arizona as part of an ever-expanding enforcement web. Many companies at the expo, including DRS, hope to make their debut in the Sonoran desert, outdoing Boeing's surveillance towers, which had difficulty with Arizona's rugged terrain.

At the expo, Mark Borkowski of U.S. Customs and Border Protection's Office of Technology Innovation and Acquisition assured anxious industry reps that the Arizona Technology Deployment Plan would happen. So expect to see more remote, mobile and fixed surveillance technology in the desert south of Tucson. Even with declining arrests of immigrants, Tucson continues to be the Border Patrol's busiest sector. The agency reports that there have been increased border-crossings in south Texas, where it also plans to concentrate new technology.

About the only thing dampening the upbeat mood of the border-protection industry was the sequester, the across-the-board federal budget cuts that went into effect March 1. However, according to Borkowski, the sequester touched very little of the money designated for technology. Companies at the expo were also enthusiastic about the improved prospects for immigration reform and the step-up in border policing that could come with the reforms.

Sarah Launius of the Tucson-based humanitarian aid group No More Deaths posed a question probably not widely considered at the expo: "When government and industry talk about 'border security' we have to ask 'security for whom?'" Since Sept. 11, the United States has spent $791 billion on homeland security, which outdoes the cost of the entire New Deal by (an inflation-adjusted) $300 billion. To answer one part of Launius' question: It certainly means a great deal of financial security for some of the companies selling cameras, sensors, drones, tanks and barriers in the buzzing exhibition hall in Phoenix.

http://www.tucsonweekly.com/tucson/southern-arizona-in-the-crosshairs/Content?oid=3668058

Wednesday, September 12, 2012

U.S. Grows An Industrial Complex Along The Border

National Public Radio September 12, 2012 by Ted Robbins The United States' southern border bristles with technology and manpower designed to catch illegal immigrants and drug smugglers. Since 1986, the government has spent hundreds of billions of dollars on fences, aircraft, detention centers and agents. But even as federal budgets shrink and illegal immigration ebbs, experts say that there's no end in sight for the growth of the border-industrial complex. A Growing Investment On The Border Stocked with equipment like Blackhawk helicopters — hundreds of aircraft fly daily missions — much of the southern border has grown into an industrial complex that is fed by the government and supplied by defense contractors and construction companies. The infrastructure includes a border fence that in some places has been built and rebuilt several times. And up to 25 miles north of the border, towers, sensors and permanent checkpoints spread across the landscape. The border-control efforts have spread even farther into the country, into cities where Immigration and Customs Enforcement agents pursue illegal immigrants and visa violators. Nationally, it extends to roughly 250 immigrant detention centers. Some of those centers are run by the government, some by private prison corporations. The government spends an estimated $5 million each day to house detainees awaiting deportation. All of this effort takes manpower; roughly 80,000 federal employees work in immigration enforcement. "It is safe to say that there has been more money, manpower, infrastructure, technology, invested in the border-protection mission in the last three years than ever before," says Homeland Security Secretary Janet Napolitano. Since the last comprehensive immigration reform was passed by Congress in 1986, creating this industrial complex focused on the southern border has been a bipartisan affair. And it really picked up after Sept. 11, 2001: Nearly every piece of security legislation since then has contained add-ons for immigration enforcement. If you add up the budgets of the responsible agencies since 1986, the bill is $219 billion in today's dollars — roughly the entire cost of the space shuttle program. Unlike the space shuttle program, though, there's no end in sight. The chairman of the House Appropriations Committee, Kentucky Republican Hal Rogers, agrees it's going to be hard to pull back spending. "It is a sort of a mini industrial complex syndrome that has set in there," he says. "And we're going to have to guard against it every step of the way." High-Tech Towers That Cover 53 Miles Arguably, there hasn't been much guarding so far. Take, for example, a tall steel tower teeming with devices in the desert southwest of Tucson. "This has sensor responders on it, as well as a communications package," says Border Patrol Agent Brent Cagen, "which is a radar, day and night cameras, infrared, laser technology." The tower is part of SBI-Net (the SBI stands for Secure Border Initiative), which was supposed to be a high-tech virtual fence across the entire 2,100-mile border with Mexico. Instead, the towers cover just 53 miles. Homeland Security pulled the plug on the project after five years and almost a billion dollars. Mark Borkowski, who's in charge of technology for Customs and Border Protection, started his job during the SBI-Net debacle. "Frankly, in my view it was a disaster," he says. "And I ended up, as it turns out, being the person who ended up having to try to manage our way through that disaster." Boeing Corp. built the towers for SBI-Net, but the system was ineffective. Some components weren't designed to work in the desert. "There were issues with heat," Borkowski says. "Sometimes it was just poor design of cabling." It was actually the third time this had happened with high-tech towers. In 1997, there was ISIS — the Integrated Surveillance Intelligence System. That was scrapped in 2003 because the technology didn't work. Then came America's Shield, also scrapped. The federal government hasn't given up. Right now, it's going over proposals to build hundreds of new towers. Many of the same defense contractors involved before have bid again: Raytheon, Lockheed and Boeing. Despite the problems, members of both parties insist the massive spending on the border buildup is working. "Immigration numbers down to 1971 levels; violent crime either down or flat; seizures of contraband up," says Napolitano, slapping the table in her office. "Those are material elements of proof, to show that we have got our arms around the border issue. And we are sustaining that." Demographics Of Immigration But there are also bigger forces at work: economics and demographics. For the last 30 years, Douglas Massey, a sociologist at Princeton University, has been studying Mexican immigration patterns. He says fewer people are crossing illegally because the American economy collapsed in 2008, taking away the job magnet pulling people here. And those who were already here stayed. "Unauthorized migrants, very rationally, stopped crossing the border," he says. Meanwhile, the economy has been improving in Mexico. And the birthrate there has fallen sharply. Fewer working-age people are available to come here and fewer need to. "Personally I think the big boom in Mexican migration is now over," Massey concludes. If that's true — and a number of experts think it may be — the U.S. is at a crossroads on border spending and strategy. "DHS is now dealing with the same challenge the entire government's facing, and that's the realization that our budget is hemorrhaging from red ink," Rogers says. "And we've got to cut spending before it's too late." For the first time in its history, the Department of Homeland Security will get less money in its upcoming budget than it did the year before. But Arizona Democratic Rep. Raul Grijalva says there's a lot of pressure from Congress and lobbyists to maintain, and even move forward, with programs. "There's a mutual dependency that's been created in the industry and Homeland Security," he says. "And that industry ... is starting to become a very, very powerful lobby up here." There are still calls for more infrastructure, more technology and more manpower to feed the border-industrial complex. http://www.npr.org/2012/09/12/160758471/u-s-grows-an-industrial-complex-along-the-border

Thursday, June 21, 2012

2013 Conference Advisory Board To Focus On Greatest Challenges and Solutions for Border Security

Press Release from the Border Security Expo:
June 21, 2012

WESTPORT, Conn., Jun 21, 2012 (BUSINESS WIRE) -- The 7th Annual Border Security Expo conference program will be developed by a group of top experts on the subject. The newly formed 2013 Conference Advisory Board is chaired by Jayson Ahern, currently Principal at The Chertoff Group and the former Acting Commissioner of U.S. Customs and Border Protection. He will be joined by:

-- W. Ralph Basham, Partner, Command Consulting Group; former Commissioner, U.S. Customs and Border Protection; former Director, U.S. Secret Service

-- Michael A. Braun, Managing Partner, Spectre Group International; former Chief of Operations, U.S. Drug Enforcement Administration

-- Bobby Brown, Vice President, Homeland Security Solutions, Telephonics Corporation

-- Ronald S. Colburn, Treasurer, The Border Patrol Foundation; former National Deputy Chief, U.S. Border Patrol

-- Jay F. Nunamaker, Jr., Ph.D., P.E. Director, National Center for Border Security and Immigration at the University of Arizona

-- Chris Marzilli, President, General Dynamics, C4 Systems

-- Ben Reyna, former Director, U.S. Marshals Service, U.S. Department of Justice; Chief of Police (Retired) Brownsville, Texas

-- Brian Seagrave, Vice President, Raytheon Homeland Security, Raytheon

-- Julie Myers Wood, President, ICS Consulting; former Assistant Secretary, U.S. Immigration and Customs Enforcement

"It gives me great pleasure to serve as Chairman of the Border Security Expo Conference Advisory Board, working alongside such esteemed colleagues and industry leaders, including former commissioners, directors, university professors and industry leaders," said Ahern. "We all bring passion and different perspectives to this dynamic Board, and we all understand the challenges and opportunities in an ever-changing and complex landscape."

"This Board represents a distinguished group of the most knowledgeable and dedicated individuals from government to academia to industry, who will direct the development of what is unquestionably the most important conference on the subject of border security and facilitation in the world," said Paul Mackler, President & CEO of Eagle Eye Expositions, LLC, the company that produces Border Security Expo. "The composition of this Board assures that every critical issue from security to international commerce will be discussed and debated by leading experts on these topics."

"The Border Security Expo Conference Advisory Board is committed to developing a content rich conference with a preeminent faculty to address the thousands of local, state, federal and international law enforcers and policy-makers charged with protecting our borders, while keeping the flow of goods and services moving through our ports of entry facilitating international commerce," said John Moriarty, Vice President/Show Director, Border Security Expo.

The 2012 Border Security Expo sold out several months prior to the event, noting a 24 percent increase in exhibit space with a waiting list of more than 70 companies unable to participate. Attendance was up 21 percent with event participants from 40 states and 10 countries. The 2013 exhibit hall has been expanded to accommodate the increased demand for exhibit space. With more than nine months until the 2013 expo, it is already over 60 percent sold.

The Border Security Expo conference and exhibition focuses on issues of terrorism, drug smuggling, human trafficking and a technological and physical infrastructure that must be upgraded, heightened and enhanced. It provides opportunities to listen and learn about today's most complex security challenges and to help identify smart, cost effective security solutions that can combat current and future security threats facing our borders.

Border Security Expo is scheduled for March 12-13, 2013 at the Phoenix Convention Center, Phoenix, Arizona. The National Center for Border Security and Immigration at The University of Arizona will again serve as the Official Academic Organization for Border Security Expo.

For more information, visit www.bordersecurityexpo.com

Wednesday, December 7, 2011

Report: Feds wasted $69 million on border fence

Orange County Register
December 6, 2011
by Cincy Carcamo

Border officials wasted $69 million of taxpayer money after they bought more steel than they needed to build the fence along United States and Mexico border, according to a report by the Office of Inspector General for the Department of Homeland Security.

Customs and Border Protection completed nearly 299 miles of fencing at a cost of $1.2 billion after The Secure Fence Act of 2006 required the agency to put up a fence in areas along the southwest border in California, Texas, New Mexico and Arizona, according to the report released on Monday. The work was done beginning in 2006 and through the time of the federal audit, which ended in April, the report said.

However, the same report states that the agency purchased 27,557 tons – about $44 million worth – of extra steel it didn't need. The agency also incurred millions of dollars in extra storage costs because it failed to move the remaining steel to a government facility for more than two years after the original storage contract expired, the report said.

The agency purchased its steel based on an estimate before legally acquiring land or meeting international treaty obligations, the audit discovered. In March 2008, The agency instructed the prime contractor to purchase approximately 145,000 tons of steel before finalizing fence designs. The agency ended up paying for $9.8 million in additional storage costs.

Customs and Border Protection officials took issue with some of the report's findings, which they say were not supported by the documentation.

The agency was faced with strict time constraints and was urgently trying to get the program started and needed to obtain large quantities of steel, CBP officials said in a rebuttal in the auditor report.

"As a result, the selection of the subcontractor with a proven record to deliver the required large quantities of steel under tight time constraints was made in accordance to the "best value" criterion instead of a "lowest cost." CBP considers that the contractor made a valid management decision," according to the CBP rebuttal.

While the federal auditors said they recognized the constraints placed on the agency by The Secure Fence Act of 2006, they maintained that if the agency had legally acquired the land and met international treaty obligations before it purchased the steel, it would have reduced the cost to purchase and store the steel.

The audit – which took place between October 2010 and April – also details what officials described as the following mistakes:

The agency lacked effective contract oversight during the project and ended up paying invoices late and didn't reconcile invoices to receiving documents
Officials didn't perform a thorough review of the contractor's selection of a higher-priced subcontractor and failed to document the reasons for its approval of the subcontractor.

In September 2009, agency officials purchased 34 tons of steel for $23,000, even though it had significant quantities of the same steel already in storage.
The report stated that the combination of missteps resulted "in additional expenditures of about $69 million that could have been put to better use."

In response to the audit, CBP officials said they issued an alert to all their contractors, letting them know that they need to perform adequate subcontract reviews and provide appropriate data.

CBP ended up moving the remaining steel inventory to a government-owned site in Texas in late March, the audit report stated. The remaining structural steel is now being used for maintenance and some new construction work.

http://www.ocregister.com/news/steel-330219-agency-report.html

Friday, July 29, 2011

Lawyers: Border fence not U.S. tax-deductible

Arizona Business Gazette
July 28, 2011
by Howard Fischer


The prime mover behind the fund to have the state build its own border fence is telling would-be donors they may be able to get a tax deduction out of the whole thing.

But a couple of attorneys with an expertise in tax law say those who decide to list the donations, and reduce what they owe the federal and state government, could wind up with a rude surprise.

The state website set up by Sen. Steve Smith, R-Maricopa, includes a statement from state Comptroller D. Clark Partridge declaring that, under the Internal Revenue Code, the definition of a charity includes contributions made to a state "if such gift is made exclusively for public purposes." Partridge said Arizona law defines charitable contributions the same as federal rules.

Smith said that, legally speaking, he cannot tell someone that a specific donation qualifies as deductible.

"When you read the comptroller's letter, there's a precedent out there that when you give to a state or a subdivision of - which clearly this would be - it's tax-deductible," he said. "They pretty much say it in black and white."

Partridge, however, takes pains to ensure he does not go that far.

"Although it is not the function of the state to give legal or tax advice, a donation made to the state of Arizona to support a public purpose may qualify as a deduction in determining the donor's federal and Arizona taxable income," he wrote. "Donors should consult with their legal and/or tax advisers for guidance."

Attorney and tax practitioner Bob Kamman said that, on the surface, donations for the state to build a wall would appear to qualify. But, he said, the legislation setting up the fund is not clear enough to assure the Internal Revenue Service, which will review the tax returns, that the money really is going to the state.

He pointed out that the law establishes the Border Security Trust Fund, administered by the treasurer. And the state can be the beneficiary of this fund.

But he also said that the legislation allows Arizona to enter a compact with other border states to pool resources.

In that case, Kamman said, the compact also could be a beneficiary. But the compact organization, unlike the state, does not automatically have tax-exempt status and would have to apply for such a designation.

Kamman said the IRS would be likely to grant it tax-exempt status.

"But that process may take years and may not be retroactive," he said. "I would not assure my clients that gifts to the Border Security Trust Fund, even though administered by the Arizona state treasurer, are deductible on their federal income-tax returns."

That also is the assessment of attorney and tax specialist David Kozak.

He said the whole idea behind the deduction for gifts to governments is largely to benefit those who make donations, like land for public schools, parks and fire stations. He said there is no real precedent among tax-law cases on whether a border fence would qualify.

But Kozak's reasoning in warning off clients goes beyond the tax code itself. He said the whole thing could take on political implications.

He said the deduction is likely to be questioned.

"Assuming the administration and the (U.S.) Treasury is not happy about the border fence - which apparently they're not - it's really easy for them to just deny the deduction," Kozak said. "And then, it will go to trial."

Ultimately, he said, whoever loses there will take the case to the 9th U.S. Circuit Court of Appeals.

"And you can guess as well as anyone else what they're going to do," Kozak said. "They're generally thought of as the most liberal of any court of appeals."

At that point, he said, the taxpayer is going to have to make a decision.

"If anyone has enough money in this to make it worth their while, it will go up in front of the U.S. Supreme Court," Kozak said. "But that's years down the road."

He said that, for most taxpayers, the amount of money they would save by taking a deduction on a border-fence donation would not be worth the legal fees involved.

http://www.azcentral.com/business/abg/articles/2011/07/28/20110728abg-borderfence0728.html

$24.4M for Arizona fence repairs

Arizona Daily Star
July 28, 2011
by Brady McCombs

Border fences, roads and lighting are not only expensive to build, they are costly to repair and maintain.

U.S. Customs and Border Protection has issued a $24.4 million contract to a private firm to perform repairs and maintenance on border barriers, roads, lighting and electrical systems along Arizona’s border with Mexico, announced Rep. Gabrielle Giffords’ office.

The contract is the largest of four regionally based agreements that Customs and Border Protection has to maintain fences and roads, said Customs and Border Protection spokeswoman Jenny Burke.

It is a one year contract for $7.7 million with two additional one-year options that would make it worth $24.4 million, she said.

The contact — awarded to Houston-based Kellog Brown & Root — includes repairs and maintenance of five areas:

• Fences and gates

• Roads and bridges

• Lighting and electrical systems

• Drainage and grates

• Vegetation control and debris removal

Giffords’ chief of staff, Pia Carusone, applauded the contract, noting that it’s essential that border infrastructure be properly and fully maintained.

Customs and Border Protection agency spends an estimated $97 million annually on this work across the border, Burke said. The 20-year life-cycle costs of maintaining the fences, roads, lighting is estimated at about $6.5 billion, the Government Accountability Office reported in 2009.

The federal government spent $2.4 billion to build 264 miles of pedestrian fencing and 226 miles of vehicle barriers from 2004-2009, the GAO has found. Today, there are a total of 350 miles of pedestrian fences and 299 miles of vehicle barriers along the nearly 2,000-mile U.S.-Mexico border.

More than four-fifths of Arizona's 378 miles of Mexican border have some type of border barrier. There are 123 miles of pedestrian fences, 12- to 25-foot-high barriers designed to stop, or at least slow down, people. There are another 183 miles of vehicle barriers, waist- to chest-high barricades designed to stop cars.

It cost between $2.6 million to $7.4 million per mile to build the new barriers in Arizona. The most recent project, replacing 2.8 miles of old fence in Nogales, cost $4.14 million per mile.

Customs and Border Protection officials acknowledge that fences are not a panacea, but say they help deter, slow and funnel traffic. The impact of barriers on illegal immigration and drug smuggling is unknown because it has not been measured, according to a September 2009 GAO report.

The buildup of fences and roads along the border could have environmental consequences, too. Fencing has caused flooding and erosion, and it could be fragmenting wildlife habitat.

http://azstarnet.com/news/blogs/border-boletin/article_9951e1ee-b886-11e0-83b4-001cc4c03286.html

Friday, July 22, 2011

Border-fence website raises more than $80K

Arizona Daily Star
July 22, 2011
by Brady McCombs


More than $80,000 in donations have come in to a website set up to raise money for a state-supported border fence.

Through Thursday at 5 p.m., the website has received donations from 1,837 people for a total of $80,014, said Mike Philipsen, spokesman for Senate Republicans. Donations have come from every state in the union, he said.

The website went live Wednesday at 12:01 p.m. under a bill passed by the Arizona Legislature in April and sponsored by first year Sen. Steve Smith, R-Maricopa. Smith said he won't accept the federal government's stance that there are enough barriers along the border.

More than four-fifths of Arizona's 378 miles of Mexican border have some type of border barrier already. There are 123 miles of pedestrian fences, 12- to 25-foot-high barriers designed to stop, or at least slow down, people. There are another 183 miles of vehicle barriers, waist- to chest-high barricades designed to stop cars.

If donations continue coming in as briskly as they did the first two days, it would take about 130 days to raise enough money - $5.2 million - to build at least two miles of the type of border fence Smith envisions.

Smith said his wish would be to build an 18-foot-high steel beam fence such as the one up along 6.24 miles of border west of the San Pedro River in Cochise County. That fence was built by Kiewit Western Co. under a $16.6 million contract in 2008 - an average of $2.6 million per mile, information from the U.S. Army Corps of Engineers shows.

It cost between $2.6 million to $7.4 million per mile to build hundreds of miles of new fencing in Arizona over the last five years. The most recent project, replacing 2.8 miles of old fence in Nogales, cost $4.14 million per mile.

But Smith expects a state-supported fence to cost less because the state would use inmate labor at 50 cents an hour and because he expects competitive bids from construction companies.

http://azstarnet.com/news/local/border/article_2d0a8552-0aa2-52cf-aed6-1a254b437835.html

Saturday, January 15, 2011

Homeland Security chairman wants plan after White House scraps [virtual] border fence

The Hill
January 15, 2011
by Jordy Yager


The chairman of the House Homeland Security Committee is calling on the White House to present Congress with a detailed timeline for its plan to secure the U.S.-Mexico border following its move to scrap a flawed $1 billion border fence initiative.

In the wake of the administration's announcement to discontinue the SBInet program, Rep. Peter T. King (R-N.Y.) said the Department of Homeland Security should speed up its plan to establish a protected border.

The 4-year old program, started under President George W. Bush, has only established 53 miles worth of fencing along the border, and has been plagued by delays. Last year, Homeland Security Secretary Janet Napolitano ordered a complete assessment of the SBInet program.

“The Obama Administration must promptly present the people of this country with a comprehensive plan to secure our borders, incorporating the necessary staffing, fencing, and technology,” said King in a statement. “I expect the Administration, in its upcoming 2012 budget proposal, to put forward such a plan, including timelines and metrics.”

The ranking Democrat on the committee, Rep. Bennie G. Thompson (D-Miss.), also heralded the program’s ending, saying that it has been “a grave and expensive disappointment since its inception.”

“Our Committee has held 11 hearings on the project, commissioned 5 critical GAO reports, all while the program cost taxpayers nearly $1 billion for only 53 miles of coverage,” said Thompson.

“The sheer size and variations of our borders show us a one-stop solution has never been best. I applaud them for taking this critical step toward using a more tailored technologically-based approach to securing our Nation’s borders.”

Napolitano announced the discontinuation of the program on Friday. She outlined a new plan that will replace SBInet with unmanned aerial vehicles, thermal imaging cameras, and a variety of other surveillance tools.

Fran Townsend, who was a homeland security adviser for President George W. Bush, said Friday that Congress should have established an office to oversee the project when it approved it years ago.

“There's plenty of blame to go around on all sides,” Townsend said on CNN with Anderson Cooper. “First of all, this was a program that came in sort of suddenly and unexpectedly on the part of the executive branch.”

“President Bush was pushing for comprehensive immigration reform, and Congress insisted on a greater enforcement package, which included this fence. So it came at the last minute. It was put on the bill. The president signed the bill. So there was not an office set up to do the oversight.”

It wasn't until several years ago that an office was set up to oversee the project.

Townsend said she hoped some of the technology being used by the military in Afghanistan and Iraq would be employed by DHS to “supplement and to support the people on the ground.”

Senate Homeland Security and Governmental Affairs Committee Chairman Sen. Joe Lieberman (I-Conn.) said that the “department’s decision to use technology based on the particular security needs of each segment of the border is a far wiser approach, and I hope it will be more cost effective.”

http://thehill.com/blogs/blog-briefing-room/news/138135-homeland-security-chairman-wants-plan-after-white-house-scraps-border-fence?page=2#comments

Homeland Security Cancels ‘Virtual Fence’ After $1 Billion Is Spent

New York Times
January 14, 2011
by Julia Preston

The Department of Homeland Security on Friday canceled a project to build a technology-based “virtual fence” across the Southwest border, saying that the effort — on which $1 billion has already been spent — was ineffective and too costly.

Janet Napolitano, the homeland security secretary, said she had decided to end the five-year-old project, known as SBI-Net, because it “does not meet current standards for viability and cost effectiveness.” In a statement, Ms. Napolitano said border agents would instead use less expensive technology that is already part of their surveillance equipment, tailoring it to the specific terrain where they will be scouting for illegal border crossers and drug traffickers.

Ms. Napolitano’s decision brought a long-expected close to a project carried out by the Boeing Corporation under a contract first signed in 2005 under President George W. Bush, which had been plagued by delays and cost overruns. Originally estimated to cost more than $7 billion to cover the 2,000-mile length of the border, it was the subject of more than a dozen scathing reports by the Government Accountability Office.

In a pilot program in Arizona, it cost about $1 billion to build the system across 53 miles of the state’s border. Officials said the new approach, using mobile surveillance systems and unmanned drones already in the Border Patrol’s arsenal, would cost less than $750 million to cover the remaining 323 miles of Arizona’s border.

Ms. Napolitano suspended financing for the project in March and ordered a review, which was just completed.

But officials moved slowly to cancel the project because it had been ensnared in the contentious debate over border security. Many Republican lawmakers have accused the Obama administration of being lax on enforcement, and they have said they would not consider an overhaul of immigration laws that President Obama supports until the border is tighter.

Anticipating criticism, homeland security officials released documents on Friday showing big increases in the Border Patrol — to 20,500 today from 10,000 in 2004 — and other border agents, and a steep decline in the number of immigrants detained at the border, indicating fewer illegal crossings. About 463,000 illegal crossers were detained last year, compared with 724,000 in 2008, according to the figures.

Ms. Napolitano said she had concluded that the original concept of the project, to develop a single technology that could be used across the entire border, was not viable. Boeing had built a complex system of sensors, radars and cameras mounted on towers that was supposed to lead border agents to the exact location of illegal crossers. But the system functioned inconsistently in the rough terrain along much of the border.

“There is no one-size-fits-all solution to meet our border technology needs,” Ms. Napolitano said.
The announcement came in advance of the expiration of the Boeing contract next Tuesday, a homeland security official said.

In a statement, Boeing noted that officials said they would continue to use equipment it had designed. “We appreciate that they recognize the value of the integrated fixed towers Boeing has built, tested and delivered so far,” the company said.

Representative Peter T. King, the New York Republican who is the new chairman of the Homeland Security Committee, criticized the administration for being slow to end the program. “I continue to have very serious concerns about the Obama administration’s lack of urgency to secure the border,” he said.

http://www.nytimes.com/2011/01/15/us/politics/15fence.html

Tuesday, September 21, 2010

Border Patrol gives contract to firm stocked with former insiders

Los Angeles Times
September 21, 2010
by Ken Dilanian

The Border Patrol wants its leaders to talk to one another, and the agency is willing to pay some former government employees nearly half a million dollars to help make that happen.

In an example of how common it has become for government agencies to outsource seemingly routine tasks to former officials, the U.S. Customs and Border Protection has awarded a "strategic consulting" contract worth up to $481,000 over five years to a small firm staffed by former agency insiders.

One of the three major tasks outlined in the deal is to "facilitate discussions among senior Border Patrol leaders" at conferences near the agency headquarters in Washington, according to the contract documents. The fees work out to about $240 an hour — not including travel expenses or the cost of the conferences.

Among those who will benefit from the contract are the agency's former commissioner and the husband of a current agency spokeswoman. It's legal as long as the officials observe a one-year ban on landing work from their former agency.

"It really is just contracting as usual," said Allison Stanger, a Middlebury College professor who detailed the explosive growth of government contracting in her 2009 book "One Nation Under Contract." "When contractors are doing so much of the work of government, these sorts of private companies are seen as extensions of government. When former agency employees are involved, the lines are blurred even further."

In a statement, Homeland Security Department spokesman Rafael Lemaitre said the contract was intended to "solicit independent, expert input for CBP's ongoing efforts to design a 21st century border security strategic framework," and that the agency "will not utilize this or any other contracts to organize conferences for CBP officials."

The contract documents say the consultants will facilitate discussions at the conferences, not organize them.

In July, the agency requested proposals for strategic consulting. The request sought three senior consultants for a total of 389 hours a year, with four years of renewable options.

The consultants' role is to help Border Patrol leaders "discuss strategy, policy, outreach, development and the delivery of a unified corporate direction and message," the documents said.

After a competition, the contract was awarded to Sentinel HS Group, a 12-person company that includes Robert C. Bonner, commissioner of U.S. Customs and then U.S. Customs and Border Protection from September 2001 to November 2005.

The firm, which reported annual revenue of $3.2 million in contract documents signed last week, was founded by one of Bonner's top aides and includes three other former agency officials.

Among the firm's "senior consultants" is Michael Ivahnenko, who worked at the border agency from November 2003 to January 2008. He is the husband of Kelly Ivahnenko, a Customs and Border Protection public affairs officer based in Washington.

Kelly Ivahnenko said in an e-mail that she played no role in the contract award and did not speak to any agency decision-makers about it.

In addition to Michael Ivahnenko, Sentinel Chief Executive Brian Goebel said he would work as one of the agency's other two senior consultants, along with Joshua Kussman, a former senior policy advisor at the agency.

Goebel, who said he was speaking for all members of the firm, said Sentinel won the contract through "fair and open competition."

"There are circumstances in which the government needs outside assistance," he said. "From our vantage point, there are people who bring specialized knowledge. … Sometimes it's a question of extra arms and legs, to help people who have to do their day job."

Goebel said he worked as an advisor to Bonner at the agency in 2001.

http://www.latimes.com/news/nationworld/nation/la-na-conference-contract-20100921,0,4565724.story

Friday, May 21, 2010

Efforts underway to stop border breaches

KVOA Tucson
May 21,2010
by Lorraine Rivera

LUKEVILLE - The steel mesh pedestrian fence at the Lukeville Port of Entry is just more than five miles long.

"You can see where they come through with cutters and just cut that thing." Patrol Agent Devin Reno is the Community Outreach Officer at the Ajo Border Patrol Station.

He said, "I don't know if you can see down there, you can see the footprints we track." He points through a rectangle cut out, measuring about 18 by 7 inches, in the mesh fence less than a tenth of a mile from the Lukeville Port of Entry.

He says this is one of the many ways illegal immigrants are trying to get across the border.

"These individual cuts, where they come in and cut the fence, that's what we call a breach," says Reno. "Any where we have a cut in the vehicle barricade or fencing of any kind we call it a breach."

There is an operation in place to address the problem.
Reno walks along a stretch of the fence and points to markings. "Each date is a date that they made a repair here. And then the actual grid coordinates, so that the Army Corp of Engineers knows where to go to make the repair."

Contractors for the Army Corp of Engineers respond with welding gear and materials. They cut panels of steel mesh and weld it over the hole.

From the Ajo Station, Border Patrol agents report, on average, two breaches a day.

"It's very frustrating because every time there's a cut here. There's got to be a guy sitting and watching that particular hole. And in the meantime, half a mile up the road we can have another guy making a cut."

That is why the contractors must respond within 24 hours to make the fix.

News 4 talked to several people working in Lukeville and Why about the issue. They tell us the illegal immigrants come in and head north as quickly as possible.

"Yes sir. They just go by," says Sam Montes who has lived in Why for 4 years. "There's no business around here. We got nothing to lose here."

While some do not feel an immediate threat in the area, the struggle goes on to patch up with the breaches and to keep the border secure.

http://www.kvoa.com/news/efforts-underway-to-stop-border-breaches/

Sunday, February 28, 2010

Contractors association honors local company

February 28, 2010
The Desert Sun
by Monica Torline and Debra Gruszecki

Granite Construction Co.'s Southern California Region office in Indio has just been notified that the design-build project, “Monument 250,” is a finalist in the Associated General Contractors of California Constructor Awards gala at The Fairmont Hotel in San Francisco.

Granite's handling of the roadway and primary border barrier fence is being distinguished in the “Meeting the Challenge” category for difficult jobs in the heavy engineering classification.

Traversing mountainous terrain, the multimillion-dollar project handled out of the Indio location with a contractor and subcontractor team of 75 led to construction of 3.5 miles of steel fence, 7,754 cubic yards of concrete, 24,000 tons of native rock crushed on site, 500,000 cubic yards of moved earth, about a half-mile of drainage pipe and five large canyon bridge crossings.

Business development manager Lee Haven said the project in the San Ysidro Mountains, primarily in the Otay Mesa Wilderness area, took 385 working days to complete and dealt with conditions so severe the initial job walk inspection had to be done in a helicopter.

Among those traveling to the final judging event will be Granite's Southern California regional manager Pat Kelly; construction manager Brad Williams; and project manager Bob Ramage.

“We're very excited about it,'' Haven said. “Just making it to the finals is a big deal.”

http://www.mydesert.com/article/20100228/BUSINESS02/2270356/1003/business/Contractors-association-honors-local-company

Thursday, February 25, 2010

At Homeland Security, contractors outnumber federal workers

February 25, 2010
Washington Post
by Ed O'Keefe

The Department of Homeland Security said this week that it employs more private contractors than federal employees, an admission that officials blamed on the department's quick establishment seven years ago and the federal government's burdensome hiring process.

DHS officials informed Senate staffers this month that it employs roughly 200,000 contractors and about 188,000 federal employees. The figure does not include uniformed members of the Coast Guard, which is one of the department's 22 agencies.

"That raises a question of whether it's the most efficient use of taxpayer money, but also the question of who's making critical decisions at the department," Sen. Joseph I. Lieberman (I-Conn.) said Wednesday during a hearing of the homeland security committee on the department's annual budget requests. "Is it private contractors, or is it full-time federal employees?" He called the figures "shocking and unacceptable."

Homeland Security Secretary Janet Napolitano called the estimates "a high number" but would not say, when asked by Lieberman, whether she thought the figure was too high.

"I think the number illustrates a problem, or an issue we have to work on," Napolitano told senators. "The department was stood up quickly, and in order to accomplish the many missions that it has, contracting was a mechanism to be used."

Paul Light, a Brookings Institution scholar on the federal government, disputed the DHS estimates, and said the number of contractors is likely to be much higher.

"I think it's a larger number, particularly when you start counting the subcontractors and the state and local employees who are working under grants and contracts," Light said. He authored a 2006 study that estimated that DHS created 140,000 contracting positions from 2002 to 2005, most for operations related to the Bush administration's response to the Sept. 11, 2001, attacks.

DHS agencies are reviewing the balance of government and contracting positions to determine which jobs should be "insourced," or converted to the federal payroll, Napolitano said. Her own office hopes to cut contractor support by 40 percent, according to the department's 2011 budget requests.

Stan Soloway, president of the Professional Services Council, applauded Napolitano's review but said DHS should focus less on the number of contractors and more on the skills they provide.

"I could have 100,000 federal employees, but if I don't have 100,000 federal employees with the right skills, that doesn't necessarily solve the challenge," Soloway said. His group is a national trade association for contracting firms, some of which will probably be hurt by the Obama administration's contracting reforms.

In addition to the contract review, the DHS is revisiting agreements exceeding $1 million as part of the Obama administration's contracting reforms. The Office of Management and Budget plans to provide more guidance to federal agencies next month on government functions that contractors can no longer conduct, an OMB spokesman said Wednesday.

Despite the planned contracting cuts, Napolitano also cited the government's lengthy hiring process as a motivation for the department's previous reliance on contractors.

Federal labor unions that have long fought DHS's use of contractors applauded congressional attention on the issue.

"We have been and continue to be concerned that the money spent on these spurious contracting-out initiatives could have been more wisely spent on equipment, training and right-sizing staffing at a number of airports," said John Gage, president of the American Federation of Government Employees, which represents DHS workers.


http://www.washingtonpost.com/wp-dyn/content/article/2010/02/24/AR2010022405433.html

Tuesday, January 26, 2010

Landowner Says The Border Wall Has Cut Off Access To Their Property

KRGV news
January 25, 2010
by Christina Rendon

BROWNSVILLE - Ernesto De Leon's family has owned land south of town for generations. They've allowed a Fermin Leal to use the land grow crops on it since the 1970's.

Leal says recent work on the border wall has cut off access to the land.

"We don't have access to our property without going through someone else's property," says Leal.

Leal tells CHANNEL 5 NEWS up until a few weeks ago, there was a gap they used to access the land, but the government has now closed that gap.

Ernesto De Leon says he didn't fight the government when they initially built the wall, giving it away on the condition crews built a 40 foot gate on his property.

"We had four or five different properties we had to sign up for that fence to go through," says De Leon.

De Leon says he plans to fight for the fence he was promised, even if he has to take it to court.

http://www.krgv.com/news/local/story/Landowner-Says-The-Border-Wall-Has-Cut-Off-Access/VNLpNmWYsE2n0K-3VayVZQ.cspx

Monday, November 30, 2009

Border store sues fence builder, US over flood damage

Arizona Daily Star
November 28, 2009
by Brady McCombs

The U.S. government and the company with which it contracted to build a border fence in Lukeville are facing a suit from the owners of a border town convenience store for damages from a July 2008 flash flood.

The Gringo Pass Inc. lawsuit also accuses Kiewit Construction Co. of owing $2.7 million in unpaid rent and water bills. Gringo Pass owns property and a private water well next to the border in Lukeville, in southeastern Arizona south of Ajo.

In a motion to dismiss the case, Kiewit says it never had a written contract with Gringo Pass for rent or water, calling the grievance an "after-the-fact demand for an exorbitant property lease — matters that fail as a matter of law."

Attorneys for Kiewit — which was given a $21.3 million contract in 2007 to build 5.2 miles of steel mesh fence flanking Lukeville — also say the grievance is really against the federal government's mandate to construct the border fence.

No trial date has been set for the case, filed in U.S. District Court in May, but attorneys are scheduled to meet in court on Jan. 12.

Debris piled up

The Gringo Pass contention that the newly constructed, 15-foot-high wire mesh border fence caused flooding during a July 12, 2008, rainstorm has backing from a report issued that year by Organ Pipe Cactus National Monument officials.

According to the report, the fence acted as a dam during a storm that dumped 1 to 2 inches of rain in 90 minutes around the border towns of Lukeville, Ariz., and Sonoyta, Sonora.

The report said debris piled up against the fence, including in drainage gates designed to prevent flooding, and that the 6-foot-deep fence foundation stopped subsurface water flow. As a result, water pooled 2 to 7 feet deep, depending on the area, causing water that usually flows north to south across the border in natural drainage washes to flow laterally.

That water flowed toward Lukeville, causing flood damage to private property, government offices and businesses in Luke-ville and Sonoyta, the report said.

The fence did not live up to promises made by officials from the Department of Homeland Security and Kiewit that it would "permit water and debris to flow freely and not allow ponding of water on either side of the border" the report said.

The water pooled up in the Gringo Pass convenience store, damaging merchandise and forcing the store's closure for cleanup, the lawsuit says. The lawsuit says the flooding diminished property value by $6 million.

Unpaid bills

The lawsuit says Gringo Pass entered into an agreement with Kiewit Construction in 2007 to rent property and provide water.

Gringo Pass says Kiewit agreed to pay 50 cents per gallon for water and that Kiewit still owes it $2 million for using 4 million gallons of water.

Kiewit says it never agreed to that rate and called it exorbitant. The city of Tucson charges customers less than one-fourth of a cent per gallon for water.

The lawsuit also says Gringo Pass rented Kiewit two parts of its property for $50,000 a month each for Kiewit to store equipment and materials. It alleges that Kiewit owes $700,000 in rent.

Kiewit said it has paid Gringo Pass for the use of the property and disputes the allegation that it agreed to additional fees for property or water.

It says they never had a written agreement and says Gringo Pass is not a utility, and thus can't charge for water.

http://www.azstarnet.com/sn/mailstory-clickthru/319248.php