Tag Archives: US Department of Homeland Security

Malta Expresses Interest in Use of Drones for Migrant Surveillance at Sea

Malta Today reported last week that the Armed Forces of Malta (AFM) “have expressed interest in benefitting from a European Union-sponsored project involving the deployment of unmanned drones to assist in migrant patrols at sea.”  “An AFM spokesman told Malta Today that while the armed forces are ‘fully involved in the development of the system’ it is however ‘not participating in the testing of such drones.’”

The use of drones for land and sea border surveillance is contemplated by the EU Commission’s EUROSUR proposal which is currently being considered by the European Parliament.  The Heinrich Böll Foundation’s recent report, “Borderline – The EU’s new border surveillance initiatives”, noted that “[w]hile FRONTEX has demonstrated a great amount of interest in the use of drones, it remains to be seen whether the agency will purchase its own UAVs. According to the 2012 FRONTEX Work Programme, the agency’s Research and Development Unit is currently engaged in a nine-month study to ‘identify more cost efficient and operational effective solutions for aerial border surveillance in particular Unmanned Aircraft Systems (UAS) with Optional Piloted Vehicles (OPV) that could be used in FRONTEX Joint Operations (sea and land).’”

The United States has been using drones for some years now to monitor land and sea borders and is currently planning to expand the use of drones in the Caribbean and Gulf of Mexico despite serious questions that are being raised about the effectiveness of surveillance drones operating over the sea. According to a recent Los Angeles Times article the Predator drones that are currently being operated by the Department of Homeland Security over the Caribbean “have had limited success spotting drug runners in the open ocean. The drones have largely failed to impress veteran military, Coast Guard and Drug Enforcement Agency officers charged with finding and boarding speedboats, fishing vessels and makeshift submarines ferrying tons of cocaine and marijuana to America’s coasts.”  “‘I’m not sure just because it’s a UAV [unmanned aerial vehicle] that it will solve and fit in our problem set,’ the top military officer for the region, Air Force Gen. Douglas M. Fraser, said recently. …  For the recent counter-narcotics flights over the Bahamas, border agents deployed a maritime variant of the Predator B called a Guardian with a SeaVue radar system that can scan large sections of open ocean. … But test flights for the Guardian [drone] showed disappointing results in the Bahamas, according to two law enforcement officials familiar with the program who were not authorized to speak publicly.  During more than 1,260 hours in the air off the southeastern coast of Florida, the Guardian assisted in only a handful of large-scale busts, the officials said….”

Click here, here, and here for articles.

3 Comments

Filed under European Union, Frontex, Malta, News

Office of Legal Counsel (US Dept of Justice) 1994 Legal Opinion, “Whether the Interdiction of Undocumented Aliens Within United States Territorial Waters Constitutes an Arrest Under Section 287(a)(2) of the Immigration and Nationality Act”

This post will be of little interest to most people, but I wanted to give an online home to this US Department of Justice Office of Legal Counsel (“OLC”) legal opinion issued on April 22, 1994 [22 April 1994 OLC Opinion] and which we obtained last month pursuant to a Freedom of Information Act request submitted to OLC in September 2009.

The legal opinion, “Whether the Interdiction of Undocumented Aliens Within United States Territorial Waters Constitutes an ‘Arrest’ Under Section 287(a)(2) of the Immigration and Nationality Act,” concludes that “[t]he interdiction within the territorial waters of the United States of illegal aliens entering or attempting to enter the United States is not an ‘arrest’ of such aliens within the meaning of INA § 287(a)(2).”

By concluding that an interdiction within US territorial waters does not constitute an arrest under US immigration laws, the 1994 legal opinion re-affirmed a 1993 OLC legal opinion that aliens interdicted within the 12 mile territorial sea zone are not entitled to hearings before an immigration judge which in turn means that such aliens are not able to seek protections under US immigration law, including protection against refoulement. The 1993 memo stated, inter alia, that “the State Department has advised us of its view that the United States’s international law obligations under the Protocol do not require it to provide … hearings to aliens who have merely arrived in its territorial waters.”

This rationale was extended by a 1996 OLC legal opinion to interdictions that occur within the “internal waters” of the US.  “Internal waters” under US law include such bodies of water as “the straits between the Florida Keys [and] portions of the Chesapeake Bay.”

Since 1992, the US has maintained the position that its obligation to apply Article 33 non-refoulement protection does not extend to persons encountered outside US territory in international waters.  While asserting it is not obligated to extend Article 33 protection to persons encountered in international waters, within the 12 mile territorial sea, or within internal waters, the US does extend Article 33 protection to interdicted migrants on a discretionary case-by-case basis.

Click on this link, 1994 OLC Opinion, for newly released 1994 OLC legal opinion: “Whether the Interdiction of Undocumented Aliens Within United States Territorial Waters Constitutes an ‘Arrest’ Under Section 287(a)(2) of the Immigration and Nationality Act,” Memorandum from Office of Legal Counsel, US Department of Justice (22 April 1994).

Click here for 1993 OLC legal opinion: “Immigration Consequences of Undocumented Aliens’ Arrival in United States Territorial Waters,” Memorandum from Office of Legal Counsel, US Department of Justice (13 October 1993).

Click here for 1996 OLC legal opinion: “Rights of Aliens Found in US Internal Waters,” Memorandum from Office of Legal Counsel, US Department of Justice (21 November 1996).

Click here for Executive Order No 12807 (29 May 1992) containing, inter alia, US interpretation of its Article 33 obligations in regard to persons encountered in international waters.

Leave a comment

Filed under Judicial, United States

Euro-Africa Conference on Illegal Immigration, Human Trafficking, Drug Trafficking, and Terrorism (Napoli, 7-9 February)

The Italian Interior Ministry and the Direzione Centrale dell’Immigrazione e della Polizia delle Frontiere are conducting a three day conference, beginning today, in Napoli, 7-9 February.  In attendance will be top police officials from 45 African countries, 25 EU countries as well as officials from agencies including Interpol, Europol, Frontex and, as observers, representatives of the US FBI and Dept. of Homeland Security.  Among those scheduled to attend are Rodolfo Ronconi, Direttore Centrale dell’Immigrazione e della Polizia delle Frontiere, Interior Minister Roberto Maroni, INTERPOL Secretary General Ronald Noble, EUROPOL Director Rob Wainwright, and Frontex Director Ilkka Laitinen.

According to a draft agenda for the conference, discussion topics will include:

  • Immigration Group – The African continent as a source and place of transit for migratory flows towards Europe across the Mediterranean Sea.  Internal migration within African. Threat assessment, ongoing bilateral initiatives, multilateral initiatives, and methods of law enforcement;
  • Group on human trafficking and organized crime – Criminal networks involved in smuggling: prevention and law enforcement investigative techniques, with particular reference to flows from Greece and Central Africa to Europe;
  • Drug Trafficking Group – African continent: new narcotrafficking directed towards Europe;
  • Group on Terrorism – Cyberspace as a new platform for radicalization: comparing experiences.

Original Italian:

  • Gruppo Immigrazione – Il  Continente africano quale origine e transito dei flussi migratory diretti in Europa attraverso il Mar Mediterraneo.  I fenomeni migratori interni al Continente africano.  Valutazione della minaccia, iniziative bilaterali, multilaterali e metodologie di contrasto;
  • Gruppo Tratta degli esseri umani e criminalità organizzata sul tema “Le reti criminali coinvolte nel traffico di migranti: tecniche di investigazione preventiva e repressiva, con particolare riferimento ai flussi provenienti dalla Grecia e dal Centro Africa verso l’Europa”;
  • Gruppo Traffico di Stupefacenti sul tema “Il Continente africano: nuovo crocevia del narcotraffico diretto verso l’Europa?”;
  • Gruppo Terrorismo sul tema “Il Cyberspazio quale nuova piattaforma per la radicalizzazione: esperienze a confronto”;

Click here (IT) for short article.

Click here (IT) for draft agenda.

I would love to know more about the substance of the conference – if anyone has any information or documents to share, please do so. ( nfrenzen@law.usc.edu ).

2 Comments

Filed under Aegean Sea, Colloques / Conferences, European Union, Frontex, Greece, Italy, Mediterranean, News