U.S. Customs and Border Protection Statement for the Record for a May 25, 2023, hearing on, "Modernizing Customs Policies to Protect American Workers and Secure Supply Chains," before the House Committee on Ways and Means, Subcommittee on Trade.
Statement for the Record
U.S. Customs and Border Protection (CBP) submits this statement for the record regarding CBP’s Air and Marine Operations (AMO) law enforcement authorities in the maritime domain.
AMO is a critical component of CBP’s border security mission and the Department of Homeland Security’s (DHS) comprehensive and multi-layered approach to homeland security. Established in 2006 after the September 11, 2001, terrorist attacks against the United States, AMO uses specialized training, advanced technological assets, and sophisticated domain awareness capabilities to protect America’s security and prosperity interests beyond the nation’s border in source and transit zones, between ports of entry, in our coastal waters, and within the nation’s interior.
Although AMO was created to provide unique cross-domain law enforcement capabilities to counter present-day threats in a dynamic threat environment, with few exceptions,[1] AMO’s maritime law enforcement authority[2] is still limited to areas within the historical “customs waters”[3] – or 12 nautical miles from the coastline - of the United States. This geographic constraint limits AMO’s ability to effectively respond to current threats and situations, essentially curtailing its ability to decide how and where to conduct engagement with suspect vessels, often preventing AMO’s interdiction of vessels in time to prevent their escape, placing our law enforcement capability at a significant disadvantage.
CBP supports H.R. 529, Extending Limits of U.S. Customs Waters Act, and S.71, the Senate companion bill, which would update a number of existing laws, by formally adopting Presidential Proclamations 7219 (1999) and 5928 (1988). This legislation would extend and align Title 19 customs law enforcement authorities in establishing the Territorial Sea at 12 nautical miles and extend the customs waters from 12 nautical miles to 24 nautical miles. By expanding law enforcement jurisdiction into the near shore waters, AMO, U.S. Coast Guard and other federal authorities could better enforce U.S. customs, fiscal, immigration, and sanitary laws at sea. For AMO specifically, removal of the 12-nautical-mile limitation would enable it to fully leverage its cross-domain authorities, enhance its response to the modern and sophisticated capabilities of transnational criminal organizations (TCOs), better support its law enforcement partners, and increase detection, interdiction, and ultimately, prosecution of those conducting illegal smuggling, unsafe entry, or other violations of U.S. law.
Current State of the Maritime Border
TCOs pose a significant threat to our nation’s maritime border security. The maritime domain is generally less restricted than the air and land environments, and it is an expansive pathway, without barriers, that connects to more than 95,000 miles of U.S. shoreline.
AMO encounters a wide range of vessels and tactics used by TCOs to smuggle migrants and illicit drugs in the maritime approaches to the United States, typically by small vessels either attempting to conceal their activities by mimicking legitimate recreational traffic or by eluding detection altogether.
Increased engagements with drug smuggling vessels have coincided with increased violence in the maritime environment. For example, during an incident this past November near Cabo Rojo, Puerto Rico, an AMO marine interdiction agent was shot and killed and two others gravely injured during an interdiction of a suspicious vessel. However, AMO continues to effectively intercept tons of dangerous illicit drugs, keeping them from reaching our shores and communities. In Fiscal Year (FY) 2022, AMO enforcement efforts led to the seizure of 382,916 pounds of drugs,[4] with approximately 82 percent of these seizures occurring in the maritime environment.
AMO is also experiencing increasing maritime encounters with migrants who put their lives in the hands of TCOs and human smuggling networks, often making the journey in improvised, rustic vessels. In FY 2022, AMO enforcement efforts led to the interdictions of 9,392 migrants in the maritime environment, an increase of 242 percent from FY 2021 and 334 percent from FY 2020. AMO encounters with these vessels very often become rescue missions, situations that are extremely dangerous for migrants as well as our marine agents.
AMO Maritime Capabilities and Operations
Although AMO routinely makes seizures through maritime border patrols, most enforcement actions are the result of actionable information or detection by aircraft and other domain awareness and detection capabilities.[5] Often, there is little time to interdict inbound suspect vessels, and AMO has honed its maritime border security response capability around rapid and effective interception, pursuit, and interdiction of these crafts.
In their capacity as CBP law enforcement agents, AMO agents may board a vessel for the purpose of enforcing customs law.[6] AMO agents have the same broad immigration authority[7] as the U.S. Border Patrol; however, they are also in the unique position to enforce this authority in the maritime environment in addition to land and air jurisdictions, providing a critical layer of continuity in enforcement and investigative efforts.
AMO’s highly trained agents, together with our unique authorities, specialized assets, and tactical expertise, comprise a well-rounded, professional, and established law enforcement organization that is fully engaged in safeguarding the United States’ maritime borders and protecting its interests from threats at the border and beyond.
A critical component of CBP’s border security operations, AMO will continue to adapt to changing conditions and emerging security threats and looks forward to working with Congress to maximize the intended operational potential of AMO's specialized capabilities in the pursuit of protecting U.S. national security interests – including drug enforcement efforts and rescue operations – in the maritime domain.
[1] In certain circumstances, AMO is authorized to operate on the high seas, for instance when enforcing laws on U.S. registered vessels (19 CFR § 162.3), governing hovering vessels (19 U.S.C. § 1401(k)), and vessels subject to hot pursuit (19 U.S.C. § 1581). Additionally, beyond the customs waters, AMO may enforce the Maritime Drug Law Enforcement Act (46 U.S.C. § 70501-70502), where appropriate.
[3] 19 U.S.C. §§ 1401(j), 1709(c).
[4] https://www.cbp.gov/border-security/air-sea. FY 2022 AMO enforcement actions in the maritime domain led to the seizure of 234,349 pounds of cocaine, 75,918 pounds of marijuana, 1,432 pounds of methamphetamine, and 146 pounds of fentanyl.
[5] These capabilities include, but are not limited to Unmanned Aircraft Systems, P-3 Long Range Tracker and Airborne Early Warning aircraft, Multi-Role Enforcement aircraft, and Tethered Aerostat Radar Systems.
[7] See Title 8, Aliens and Nationality