R Street Institute examines federal law enforcement and U.S. Customs and Border Protection

Eli Lehrer, President and Co-founder at R Street Institute
Eli Lehrer, President and Co-founder at R Street Institute
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The R Street Institute released on Mar. 21 the second part of its six-part series analyzing major policing strategies in the United States, focusing this installment on U.S. Customs and Border Protection (CBP).

The report highlights CBP as the largest federal law enforcement agency, with more than 60,000 employees and a budget exceeding $19 billion. The agency is responsible for law enforcement, trade facilitation, and screening people and goods entering the country.

According to the analysis, CBP was created following the Homeland Security Act of 2002, which consolidated customs, immigration inspection, and agricultural inspection functions from three separate departments into one agency under the Department of Homeland Security. This reorganization aimed to address gaps identified by the 9/11 Commission regarding border security and intelligence sharing.

CBP’s mission includes protecting Americans, safeguarding borders, and enhancing economic prosperity. Its strategic priorities are countering terrorism, combating transnational crime, securing borders, facilitating lawful trade and travel. The report notes that while counter-terrorism is also a core mandate of the Federal Bureau of Investigation (FBI), CBP focuses on preventing threats from crossing U.S. borders.

The article details CBP’s scale: nearly 70,000 authorized positions but ongoing staffing shortfalls; operations at over 300 ports of entry; preclearance facilities in six countries; land border patrols covering more than 6,000 miles; and air/marine operations with hundreds of aircraft and vessels. It explains that CBP derives authority from Title 8 (immigration) and Title 19 (customs) of U.S. Code—granting broad powers at ports of entry under the “border search exception” to the Fourth Amendment—and describes how these authorities change based on location.

Hiring requirements include U.S. citizenship, background checks, polygraph exams, medical evaluations, physical fitness tests, age limits up to 40 years old for applicants due to staffing needs. Training varies by component but includes instruction in law enforcement procedures as well as language skills when necessary.

Use-of-force policy follows Supreme Court standards requiring reasonableness under circumstances; officers receive regular firearms training and annual recertification for less-lethal devices. A National Use of Force Review Board evaluates significant incidents.

The next part in R Street’s series will examine U.S. Immigration and Customs Enforcement (ICE), comparing its interior-focused mission with CBP’s border-centric role.



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