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Analysis

Documents used to formulate the legal structure of Operation Jump Start should be kept secret, argues the Texas Attorney General’s Office (OAG), because the mission involves “law enforcement” and “anti-terrorism” activities that could be compromised by too much transparency.

But if law enforcement is so crucial to the National Guard operation, doesn’t legal authority for the mission reside with Congress?
The OAG makes strong claims about the law enforcement and anti-terrorism mission of Operation Jump Start in a June 30 memo that seeks to keep legal planning documents secret.

“More specifically,” says the June 30 memo from the OAG office of public information (PIO), “the release of such information would interfere with law enforcement because such information could be used by those trying to enter the United States illegally to devise methods to avoid capture or escalate the use of force continuum to their advantage.”

Since Operation Jump Start is “also meant to prevent acts of terrorism in the United States,” release of public information about the mission “would be available to such terrorists who could then use the information to more easily gain entry to the United States” says the memo.

On June 8, the Texas Civil Rights Review requested documents that would “indicate the earliest requests for involvement of the Texas Attorney General’s Office in the operation that has come to be known as Operation Jump Start”.

In answering the public information request, the OAG did not return samples of “requests for invovlement.” Instead, the Public Information Office (PIO) assembled a file of work produced by the the OAG in response to those “requests.” The PIO now seeks to keep those work products secret.

Although the Texas Civil Rights Review did not ask for work products in the first place, reasons for keeping them secret state that “law enforcement” and “anti-terrorism” are foundational to the legal purpose for Operation Jump Start. This is significant since the Posse Comitatus act requires that Congress approve any use of the National Guard for federal law enforcement purposes.

“It is clear that the submitted information is maintained for the purpose of preventing an act of terrorism and that it pertains to the staffing requirements and tactical plans for the enhancement of border security.”

In addition to law-enforcement and anti-terrorism concerns, the June 30 memo argues that the OAG enjoys attorney-client privilege with the Texas National Guard (whose commander-in-chief is the Governor). And the “deliberative process” that the OAG goes through while formulating legal advice for the Guard is protected from public disclosure, including notes taken “for the purpose of interpreting the law.”

“While some of the submitted information may be factual in nature, the information at issue here does not constitute a ‘neutral recital’ of facts,” argues the PIO. “Because the facts have been selected by attorneys and staff of the OAG and/or its clients, and ordered for the purpose of interpreting the law, such recitations and compilations are non-neutral, rather than purely factual or basically factual, summaries or communications.”

Disclosing such selections of facts would, reveal “mental impressions”, hinder the “core function” of the OAG, and “rob the OAG of the ability to protect such internal documents.”

Furthermore, says the PIO, since the documents include information regarding use of force guidelines, arming orders, and weapons limitations: “The Texas National Guard advises that the release of such information would interfere with their law enforcement efforts along the US-Mexico border, and has requested that such information be withheld from disclosure.”

The Attorney General’s Open Records Division will review the memo and determine whether to release the documents. Meanwhile, the Texas Civil Rights Review plans to renew a request for documents that would help to establish a timeline for the operation’s legal planning.

Regular visitors will know that we usually don’t do this much archiving. But this report from the Sac Bee is the best we’ve seen about the Imperial Beach hearings–gm

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Terror talk on southern border
GOP-led hearing links illegal immigration, dire risk scenarios.

By Peter Hecht — Bee Capitol Bureau

Published 12:01 am PDT Thursday, July 6, 2006

Story appeared on Page A1 of The Bee

IMPERIAL BEACH — A House subcommittee opened the first of a series of politically charged hearings on border protection Wednesday by seeking to link illegal immigration and a porous southern border to the threat of international terrorism. Few potentially grim scenarios were left unmentioned as a Republican-led subcommittee probing “border vulnerabilities and international terrorism” held a hearing at the U.S. Border Patrol headquarters just north of the California-Mexico border.

The Subcommittee on International Terrorism and Nonproliferation, headed by U.S. Rep. Ed Royce, R-Fullerton, is one of several House panels seeking to build public support for a tough House immigration bill that would increase border security and criminalize illegal immigration.

Democrats have derided the hearings as one-sided shams designed to whip up anti-immigrant sentiment rather than seek workable legislation.

While opposing legislation supported by President Bush in the U.S. Senate to create a guest worker program and a path to citizenship for millions of illegal immigrants, Royce on Wednesday issued a warning that stopping illegal border crossings is directly linked to the U.S. war on terrorism.

With anti-illegal-immigrant activists outside the meeting waving flags and wearing shirts reading “Don’t Tread on Me” and “Deport All Illegal Immigrants,” Royce said his subcommittee wanted to assess “the threat of international terrorism and scrutinize our nation’s response.”

“Drug cartels, smuggling rings and gangs operating on both the Mexico and U.S. sides are increasingly well-equipped and more brazen than ever,” Royce said. “… Some border areas can be accurately described as war zones. These border vulnerabilities are opportunities for terrorists.”

Royce said U.S. Department of Homeland Security officials reported that “al-Qaida has considered crossing our southwest border” and “it may have already happened.”

But he was criticized for grandstanding by U.S. Rep. Brad Sherman, D-Sherman Oaks.

Sherman said the subcommittee’s bid to equate terrorism to illegal immigration from Mexico was a tool to hype the criminal sanctions the House immigration bill seeks to impose on people illegally crossing the border in search of work.

“The terrorist threat is greater on the Canadian border, where we have one-twentieth of the coverage (in Border Patrol agents), than on the southern border,” Sherman said. He noted that while al-Qaida suspects have been apprehended entering the United States from Canada, there has been no confirmation of any known terrorist entering from Mexico.

Another Democratic member of the subcommittee, Rep. Bob Filner, D-San Diego, said the hearing was a “charade” and a “cover-up” for the Republican Congress’ failure to pass meaningful immigration legislation.

House Republicans are stridently focusing on enforcement remedies — including constructing a 700-mile fence on the Mexican border — to combat illegal immigration.

But Republicans in the Senate are advocating a guest worker plan for 1.5 million farm workers and additional protections that could lead to citizenship for illegal immigrants.

On Wednesday, Senate Judiciary Committee Chairman Arlen Specter, R-Pa., held a hearing in Philadelphia on a need for foreign workers.

And New York City Mayor Michael Bloomberg told the gathering that his city’s economy — and the country’s — would collapse if America’s estimated 12 million illegal immigrants are deported.

“No wall or army can stop hundreds of thousands of people each year,” Bloomberg said.

Witnesses called to testify in Imperial Beach on Wednesday included U.S. Border Patrol officials and Border Patrol supporters, along with law enforcement administrators and security specialists.

Citizens opposing temporary worker programs or amnesty dominated the audience, cheering loudly when speakers advocated strong anti-illegal-immigration measures. No immigrant advocates were invited to testify.

A few hundred yards outside the gates of the Border Patrol station, several church ministers and advocates supporting a path to citizenship for illegal immigrants protested the hearing.

“I believe when members of Congress call a public hearing, the public should be invited and not excluded,” said the Rev. Art Cribbs, pastor of the Christian Fellowship United Church of Christ in San Diego. “It’s mockery of democracy.”

Inside the hearing room, Gregory Kutz, a special investigator for the Government Accountability Office, said security procedures failed in two tests last year. Investigators, crossing U.S. borders from Canada and Mexico, went undetected as they smuggled in radioactive material similar to what could be used in a “dirty bomb.”

U.S. Rep. Dana Rohrabacher, R-Huntington Beach, said the resources needed to combat illegal immigration are severely straining the Border Patrol, immigration and U.S. Customs agents.

He argued that the United States must aggressively deny employment and public services to illegal immigrants if border authorities are to have resources available to combat terrorism.

“Unless we have an overall policy to cut off jobs and benefits (to illegal immigrants), we can’t do our job and stop this invasion of the United States,” he said.

Witness Rick Flores, a border-region sheriff from Webb County, Texas, supported those sentiments. Flores said his officers witnessed incursions by Mexican soldiers protecting alleged drug shipments.

“Our southern border is ripe for a terrorist pipeline,” Flores said.

Darryl Griffen, chief patrol agent for the San Diego sector of the U.S. Border Patrol, testified that out of 108,000 people apprehended crossing in the San Diego border sector this year, all but about 1,000 were from Mexico. He said 47 other people apprehended and questioned were from “special interest” countries that are considered risks for terrorism.

U.S. Rep. Brian Bilbray, a Republican representing Carlsbad in northern San Diego County, asked what Griffen and the Border Patrol were doing to protect his local Home Depot store from dozens of illegal immigrants harassing shoppers for work.

“Chief, in my neighborhood, the Home Depot is an ‘illegal hub,’ ” said Bilbray, whose victory in a race for a House seat last month was fueled by voter anger over illegal immigration. “Is it too much to ask to have a few agents go to a place known to be frequented by illegal aliens?”

Bilbray was interrupted by Sherman.

“Our subcommittee focuses on terrorism,” the Democratic congressman told him. “I don’t think there are many terrorists at Home Depot.”

HomeTownSource.Com

Posted: 7/6/06
Minnesota National Guard troops to be deployed to New Mexico to assist in safeguarding U.S.-Mexican border

by T.W. Budig
ECM capitol reporter

Minnesota National Guard troops will be deployed to New Mexico within several weeks to assist in safeguarding the U.S.-Mexican border. “I’m very comfortable with it,” said Gov. Tim Pawlenty of sending a contingent of the Guard.

The deployment is in response to a request for troops by the U.S. Department of Defense and Homeland Security for “Operation Jump Start.”

On a volunteer basis, National Guard troops will be deployed to New Mexico for up to six months — Minnesota troops could serve as additional eyes, scanning the border from high ground with binoculars, explained Minnesota National Guard Adjutant General Larry Shellito explained on Wednesday (July 5) at a Capitol press conference.

They could provide engineering, logistical services, he pointed out. The troops will not be engaged in actual hands-on law enforcement, Shellito explained.

Some 200 Minnesota Army and Air Guard troops have volunteered for duty along the border. Other troops in rotation could be deployed.

Besides the volunteers, guard troops that otherwise are scheduled for training will be used in the southern border deployment.

According to the administration, 10 other states — including neighboring Wisconsin — already have agreed to participate in the operation and have begun sending troops.

The troops are to assist in border security for up to two years while the U.S. Customs and Border Protection Agency hires and trains thousands of new agents.

The federal government will pick up the cost of the troop deployments.

With about 10,000 Army and Air National Guard troops still in Minnesota, Pawlenty believes there’s enough available to handle emergencies.

About 3,000 Minnesota troops are deployed in the Iraq War.

The governor depicted the level of security existing along the U.S.-Mexican border at crisis level. “It has been for years,” he said.

Pawlenty will keep command of the Minnesota troops being deployed to New Mexico.

According to the U.S. Department of Defense, the U.S. border patrol is expected to double in size to about 18,000 agents within two years.

Mid-Hudson News
July 6, 2006

New York National Guard to send contingent to Southwest border security mission

The New York National Guard is sending a composite company of infantry soldiers this weekend to Arizona to join with hundreds of National Guard troops from other states as part of Operation Jump Start. Included in that contingent will be members of the “Fighting 69th” from Camp Smith in Cortlandt Manor.

Approximately 150 members of the 2nd Battalion, 108th Infantry will depart this Saturday from Fort Drum to begin a 15 day annual training period in Arizona to support the U.S. Customs and Border Protection to help prevent and deter illegal immigration through the Southwest border states.

A composite infantry company under the command of Company A, based in Geneseo, has been formed by assigning platoons and teams from each of the battalion’s subordinate companies across upstate New York and from other units of the New York National Guard. Troops assigned to units at 12 different armories from across the state are assigned to this mission.

Medical and administrative staff from the Utica and Rome armories have been assigned to this team, while infantry troops are coming from Batavia, Morrisonville, Ogdensburg, Saranac lake, Gloversville, Hoosick Falls, and Ithaca. Vehicle drivers from the 427th Support Battalion are coming from the Schenectady armory and additional medics are being assigned to the unit from Company C, 1st Battalion, 69th Infantry, the “Fighting 69th” from Camp Smith, Cortlandt Manor.