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Under Lofgren's bill, titled the "Electronic Device Privacy Act," Border Patrol agents could not require anyone entering the United States to submit to a search of the electronic contents of their laptop computer or "similar device." The bill defines "similar device" as "any other electronic device normally used for electronic mail or messaging, or storing electronic data."
The legislation specifically states that it should not be construed to limit or affect searches based on lawful authority "other than the power of a sovereign to search at borders or upon entry to the territory of that sovereign."
The topic of warrantless laptop searches at the border has generated a great deal of media interest recently, with a number of lawmakers, business groups, and others expressing concern about the practice.
When introducing the bill, Rep. Lofgren stated, "We live in an era where data can be worth millions or even billions. Many business travelers are now wary of traveling to and from the United States because they fear that their legitimate and proprietary business data will be seized at our borders. Further, the record of the Department of Homeland Security in protecting data is a poor one as evidenced by this week's GAO report on government data security. Business travelers have a legitimate fear that their proprietary data maybe compromised and exploited by competitors after seizure by DHS. This legislation protects the privacy of travelers' data, while preserving the government's ability to search and seize electronic devices in appropriate circumstances."
In a statement posted on CBP's public website, CBP Deputy Commissioner Jayson Ahern defended the searches as "legal, rare, and essential." He noted that terrorists and criminals increasingly transport illicit material on laptops and other electronic media; that such searches have been going on for years; and that travelers who have their laptops searched represent a very small number of people.
View the CBP statement in its entirety.
H.R. 6588 has been referred to the House Judiciary Committee. We'll let you know what happens.
Currently, FERS-covered employees earn no credit toward retirement for unused sick leave. Federal workers covered under the older Civil Service Retirement System (CSRS) do receive such credit.
The proposal was introduced by House Oversight and Government Reform Committee Chairman Henry Waxman (D-California). Rep. James Moran (D-Virginia) has introduced similar legislation in the House.
The Waxman proposal would provide for the application to pension calculations of 75 percent of such accrued and unused leave over the next three years for FERS employees. After that, 100 percent of the leave would be applied for pension purposes.
Supporters of the measure say it benefits not only FERS-covered employees, but their agencies as well. They contend that it would provide a strong incentive for FERS employees to retain their sick leave rather than lose any benefit from it when they retire, as is now the case.
The bill passed the House on July 30th. It has been referred to the Senate Committee on Health, Education, Labor, and Pensions. We'll let you know what happens.
Former Border Patrol Agent David Cruz, 32, worked as a border patrol agent until September 2007, when he suddenly resigned during a human smuggling and public corruption investigation by the U.S. Immigration and Customs Enforcement's Office of Professional Responsibility. ICE agents obtained information that aliens were smuggled from Mexico to Laredo, and then to San Antonio, Austin, Houston and other destinations with the assistance of a border patrol agent. In December 2007, Cruz was arrested with his wife, Susana Lopez Portillo De Cruz, 36, of Laredo, and a third alien smuggler, Bertha Alicia "La Guera" Esquivel, 40, of Nuevo Laredo, Tamaulipas, Mexico.
David and Susana Cruz entered guilty pleas January 17th before U.S. Magistrate Judge Diana Saldaña to three counts each of conspiring to transport/harbor illegal immigrants. Esquivel entered a guilty plea February 13th to the same counts.
Esquivel was identified as a guide who transported aliens by commercial bus and coordinated the smuggling through Susana Cruz. Susana Cruz relayed information, such bus numbers, locations and times to her husband, who allowed the aliens with Esquivel to pass through the checkpoint. The Cruzes also provided documents to Esquivel, which she gave to the aliens in case they were stopped or questioned in route.
During sentencing on August 12th, David Cruz received 50 months incarceration, a fine of $5000, three years of supervised release following completion of his sentence, and a special assessment of $100 per count of conviction; Susana Cruz received 50 months incarceration followed by a three-year-term of supervised release, and a special assessment of $100 per count of conviction; and Bertha Esquivel received 30 months incarceration in the Federal Bureau of Prisons and a special assessment of $100 per count of conviction.
David Cruz was allowed to remain on bond pending report to the Bureau of Prisons. Susana Cruz and Esquivel remain in custody.
"We work for a unique and vital organization that has one of the most important missions of any federal agency. We are the only agency whose number one priority is to fight violent crime. That's our job. It is who we are. It is what we do," said Acting Director Sullivan. "All of our training, all of our resources, all of our collective skills and experiences have equipped us to do this one thing and do it very well. We protect the public by going up against the most violent and dangerous criminals out there."
This year, 184 recipients were recognized for their achievements in the following categories: Gold Star Medal; Medal of Valor; Hostile Action Award; Distinguished Service Medal; James E. Little "Concern for People"Award; Johnny A. Masengale Memorial Award; Jake Kuredjian Memorial Award; Director's Award, Director's Internal Award; Honor Award; Lifetime Achievement Award; Memorial Award; Equal Opportunity Award; Lifesaving Award; Foreign Service Medal and five Employee of the Year Award categories.
Some of those honored included:
- Fifteen employees each received The Foreign Service Medal for their deployment to Iraq or Afghanistan for providing training in explosives and explosives detection for Iraqi police and U.S. soldiers stationed in Afghanistan;
- Twenty-four ATF special agents, investigators, forensic laboratory specialists and intelligence analysts each received the Distinguished Service Medal for their work on the Virginia Tech shooting in April 2007;
- Three special agents and one explosives enforcement officer each received the Hostile Action Award for their work on the Department of Defense task forces in Iraq called Combined Explosives Exploitation Cells;
- Four special agents and one intelligence specialist each received a Distinguished Service Medal for their investigation of an international weapons-trafficking investigation involving the Provincial Weapons Enforcement Unit of Ontario, Canada, U.S Immigration and Customs Enforcement, and various ATF offices; and
- Three local police officers each were presented with the Jake Kuredjian Memorial Award. They were New York Police Department detective James O'Connor, Santa Ana Police Department detective Charles Saale and Lieutenant Daniel Villanueva of the Miami-Dade Police Department. This award is presented to law enforcement officers who have significantly contributed to the safety of agents during the preparation, planning or implementation of an enforcement operation with ATF.
During the ceremony, Mukasey said, "Those of you we are honoring today have exemplified bravery, heroism, sacrifice, and dedication that stands out at an agency that has built, over the years and decades, a remarkable portfolio in each of these areas. Honoring service is important. And it is especially important in law enforcement. Often, the unfortunate consequence of a successful arrest or takedown is that you make it look too easy - and no one fully realizes the hours put in, the risks involved, or what may have been at stake."
On Monday, the Justice Department announced that both Chicago and Detroit would be awarded $2 million as part of an expansion of the department's Comprehensive Anti-Gang Initiative. The awards are designed to help law enforcement develop plans to combat gang violence in these cities and surrounding suburbs, and to implement their own anti-gang strategies using three components of prevention, enforcement, and prisoner reentry.
"We know that to achieve enduring success, we must address the personal, family, and community factors that cause young people to choose gangs over better, more productive alternatives," said Deputy Attorney General Mark R. Filip. "We want our young people to choose something better than gang life, and we need to do all we can to help them make that choice. But for those who don't, we need to let them know that we will not allow them to prey upon their neighbors who did make the right choice."
Chicago and Detroit are the 11th and 12th sites to be funded under the Comprehensive Anti-Gang Initiative. In May 2006, the Justice Department launched the initiative, and provided resources for prevention, enforcement and offender re-entry efforts to Los Angeles, Tampa, Cleveland, Dallas/Ft. Worth, Milwaukee and the "222 Corridor" that stretches from Easton to Lancaster in Pennsylvania. Following the success of the initiative in those areas, it expanded the initiative last year to Indianapolis; Oklahoma City; Rochester, N.Y. and Raleigh/Durham, N.C.
The newly-announced Anti-Gang grants will be allocated for efforts including:
- supporting comprehensive prevention efforts such as the Gang Reduction Program, which focuses on reducing youth-gang crime and violence by addressing the full range of personal, family and community factors that contribute to juvenile delinquency and gang activity;
- supporting enforcement programs that will focus law enforcement efforts on the most significant violent gang offenders; and
- creating re-entry assistance programs with faith-based and other community organizations that will provide transitional housing, job readiness and placement assistance, and substance abuse and mental health treatment to prisoners re-entering society.
Chicago and Detroit were selected to receive grant funds based on a variety of factors, including the need for concentrated anti-gang resources, the existence of established infrastructure to support the envisioned prevention, enforcement and re-entry components, and the existing partnerships that are prepared to focus intensely on the gang problem.
