[Budget Supplement]
[Creating Opportunity and Encouraging Responsibility]
[11. Enforcing the Law]
[From the U.S. Government Printing Office, www.gpo.gov]
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At last we have begun to find the way to reduce crime, forming community partnerships with local police forces
to catch criminals and prevent crime.
President Clinton
January 1996
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The budget continues the Administration's aggressive efforts to make
the streets safer for all Americans and to secure the Nation's borders.
It:
empowers communities to fight crime locally by hiring more
police, provides innovative programs to prevent non-violent
offenders from becoming hardened criminals, and stresses drug
treatment and prevention;
commits resources to ensure that violent criminals and
serious drug traffickers remain behind bars, and proposes that
violent juvenile offenders be prosecuted as adults; and
targets resources to combat illegal immigration--at the
border, at worksites, and in prisons--through deterrence,
enforcement, and swift deportation.
TAKING BACK OUR STREETS
The Administration's continuing efforts to work with communities and
local police forces are paying off. In 1994, America's violent crime
rate dropped by four percent from 1993, to its lowest level since 1989.
Preliminary figures for the first six months of 1995 indicate a further
drop in violent crime. While this trend is encouraging, violent crime,
especially among juveniles, remains at an intolerable level.
The budget proposes $23.9 billion to control crime, an increase of
$2.6 billion over 1996. Chart 11-1 shows law enforcement spending by
year. To help make our streets safe and free people from fear, the
budget continues initiatives to hire more police in communities of all
sizes, enhance State and local law enforcement and crime prevention
assistance, and confront gangs, including juvenile gangs, involved in
violent crimes.
Community Policing: Community policing is integral to fighting crime
and improving the quality of life in the Nation's cities, towns, and
rural areas. That's why the President has pledged to put 100,000 new
police officers on the street by the year 2000. By the end of 1996, the
Community Oriented Policing Services (COPS) initiative will have funded
almost 49,000 officers. The budget proposes almost $2 billion to put
19,000 more officers on the street in local communities. COPS provides
flexibility to communities, giving local law enforcement agencies the
funds to buy sophisticated crime equipment, hire support personnel that
allow the deployment of more officers, and implement community policing
techniques.
The budget also proposes $25 million to give police officers advanced
education and training. The Police Corps grant program would give
educational assistance to students with a sincere interest in law
enforcement--scholarship recipients would have to make a four-year law
enforcement service obligation. The Police Scholarship program would
give scholarships to individuals now working as police officers. These
two programs would help enhance State and local law enforcement
recruitment, retention, and education.
State and Local Assistance: The Violent Crime Control and Law
Enforcement Act of 1994 was designed to provide a balance between
enforcement and prevention programs. The Violent Crime Reduction Trust
Fund (VCRTF) provides $5 billion in 1997 toward programs authorized in
the 1994 crime law.
[[Page 104]]
The President's VCRTF request includes $3.6 billion
for State and local law enforcement and $0.5 billion for prevention
programs (see Table 11-1). Along with COPS, the VCRTF funds grants for
new prisons and prevention programs for violence against women and
handgun violence.
Violent Offenders: The Administration seeks to ensure that convicted
violent offenders serve at least 85 percent of their sentences behind
bars. For this purpose, the budget proposes $630 million in State grants
to build new prisons and jail cells under two programs--the Violent
Offender Incarceration and Truth in Sentencing programs. The funding
includes $170 million to reimburse States for the costs of incarcerating
criminal aliens.
Violence Against Women: The budget proposes $250 million to combat
gender-based crime. About $180 million would go for programs to
investigate, prosecute, and convict those who commit violent crimes
against women. The other $70 million would fund programs that prevent
rape and the sexual exploitation of runaway, homeless, and street youth.
Brady Handgun Violence Prevention: To date, the 1993 Brady bill, which
provides for a waiting period before a gun purchase, already has stopped
60,000 people who are prohibited purchasers from buying guns. To further
prevent the sale of firearms to ineligible purchasers, the budget
proposes $50 million to help States upgrade their criminal history
record-keeping systems and $20 million to create a national instant
handgun check system.
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Table 11-1. VIOLENT CRIME REDUCTION TRUST FUND SPENDING BY FUNCTION
(Budget authority, in millions of dollars)
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Dollar Percent
1995 1996 1997 Change: Change:
Actual Estimate\1\ Proposed 1995 to 1995 to
1997 1997
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Prevention:
Violence Against Women................................. 27 180 254 +227 +841%
Drug Courts............................................ 12 100 100 +88 +733%
Prison Drug Treatment.................................. ........ 41 61 +61 NA
Other Prevention Programs............................... 21 19 42 +21 +100%
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Subtotal, Prevention.................................. 60 340 457 +397 +662%
State and Local Assistance:
Community Policing (COPS).............................. 1,300 1,803 1,950 +650 +50%
Incarceration of Violent Offenders..................... 25 618 630 +605 +2,420%
Incarceration of Undocumented Criminal Aliens.......... 130 300 330 +200 +154%
Other State and Local Assistance....................... 550 187 659 +109 +20%
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Subtotal, State and Local Assistance................. 2,005 2,908 3,569 +1,564 +78%
Federal Law Enforcement Assistance:
Department of Justice:
Immigration.......................................... 284 381 505 +221 +78%
Other Department of Justice.......................... ........ 321 344 +344 NA
Department of the Treasury............................. 30 69 90 +60 +200%
Judiciary.............................................. ........ 30 35 +35 NA
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Subtotal, Federal Law Enforcement Assistance....... 314 801 974 +660 +210%
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Total, Violent Crime Reduction Trust Fund................. 2,379 4,049 5,000 +2,621 +110%
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NA=Not applicable.
\1\Includes Administration's proposed adjustments to 1996 continuing resolution levels.
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Gangs: Clearly, criminal gang violence is among the most difficult
challenges facing law enforcement. As gangs become an increasingly
powerful and deadly force, the Administration is pursuing a coordinated
national strategy to help combat them. The budget proposes a variety of
programs to stem violence on the street and in public housing.
[[Page 105]]
Safe Streets: The budget proposes $117 million, an increase
of $2.9 million over 1996, for the Safe Streets program, which
blends the efforts of the FBI, other Federal law enforcement
agencies, and State and local police departments to
investigate street crime and violence.
Mobile Enforcement Teams (METS): The Drug Enforcement
Administration provides guidance and other assistance to local
police agencies and State and local police departments to
disrupt and dismantle the most violent gangs involved in drug
trafficking. The budget proposes $20 million for this program,
an increase of $5.9 million over 1996.
Juveniles: Juvenile arrests for serious offenses rose 68
percent from 1984 to 1993, partly due to gang violence as
groups fought for turf. As a result, the President pledged in
his State of the Union address, ``I'm directing the FBI and
other investigative agencies to target gangs that involve
juveniles and violent crime, and to seek authority to
prosecute as adults teenagers who maim and kill like adults.''
[[Page 106]]
One Strike and You're Out: The President believes that public
housing is a privilege, not a right, and that residents who
commit crimes and peddle drugs should be immediately evicted.
The budget provides $290 million to support anti-drug and
anti-crime activities in public housing, including $10 million
to implement the President's ``one strike and you're out''
initiative.
Domestic Terrorism: Though few in number, domestic terrorist groups
are a serious threat to the security and safety of the Government and
public. The budget provides about $100 million to help Federal law
enforcement agencies prevent domestic terrorism, and investigate and
prosecute domestic terrorists who commit violent and illegal acts.
Digital Telephony: The Communications Assistance for Law Enforcement
Act ensures that law enforcement agencies can conduct court-authorized
wiretaps as the Nation converts from analog to digital communications
technology. In 1996, the President proposed $100 million to reimburse
telecommunications carriers for modifying equipment and services in
order to maintain the ability to conduct wiretaps. Congress did not fund
the program but, due to its importance, the budget again proposes $100
million.
COMBATING DRUG ABUSE AND DRUG-RELATED CRIME
Drug abuse and drug-related crime cost our society an estimated $67
billion a year\1\ and destroy the lives and futures of a major portion
of our most precious resource--our youth. Illicit drug trafficking
breeds crime and corruption, drug use helps to spread AIDS and other
deadly diseases, and addiction erodes our productivity. The effects of
drugs and drug-related crime are felt acutely in our communities and on
our urban street corners.
\1\``Substance Abuse: The Nation's Number One Health Problem,'' Key
Indicators for Policy, Institute for Health Policy, Brandeis University
(1993).
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The budget proposes $15.1 billion for drug control, an increase of
$1.3 billion over 1996. The budget would build on initiatives that began
in 1996 by renewing the emphasis on drug law enforcement, interdiction,
international programs, and drug treatment and prevention. Table 11-2
shows the funding according to drug control functions.
Drug Law Enforcement: The budget proposes $8.3 billion for domestic
drug law enforcement, an increase of $0.7 billion over 1996. The budget
boosts Federal law enforcement efforts while targeting new resources to
community-based law enforcement and to stopping the flow of illegal
drugs at the border.
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Table 11-2. DRUG CONTROL FUNDING
(Budget authority, dollar amounts in millions)
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Dollar Percent
1995 1996 1997 Change: Change:
Actual Estimate\1\ Proposed 1995 to 1995 to
1997 1997
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Domestic Law Enforcement.................................. 6,983 7,553 8,255 +1,272 +18%
Demand Reduction.......................................... 4,692 4,572 4,971 +279 +6%
Interdiction.............................................. 1,280 1,339 1,437 +157 +12%
International............................................. 296 320 401 +105 +35%
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Total, Drug Control Funding............................. 13,251 13,784 15,064 +1,813 +14%
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\1\Includes Administration's proposed adjustments to 1996 continuing resolution levels.
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[[Page 107]]
The Federal role continues to focus on providing leadership and
training, fostering inter-governmental cooperation, and providing
incentives to States and localities to adopt successful drug control
methods.
Interdiction and International Programs: The Administration has an
integrated international strategy that has made it harder for
traffickers to get their product into the United States for sale. The
budget proposes $1.8 billion, $100 million more than in 1996, for these
programs.
Source Country Efforts: Internationally, the United States is
focusing on not just interdiction, but also on disrupting the
drug leadership and its production, marketing, and money-
laundering infrastructure. This requires that we closely
cooperate with narcotics source and transit countries, and
hold our allies to a high standard of action.
Drug Treatment: The budget proposes $2.9 billion from all sources to
treat drug abuse, $200 million more than in 1996.
To rid America of drug addiction, the Administration's top priority
is treating hard-core users. The following programs reflect the
Administration's commitment to address drug abuse where the battle is
toughest--in the streets, jails, and urban and rural drug markets of
America.
Drug Testing: To break the cycle of crime and drugs, the
budget proposes $42 million for the Administration's criminal
justice drug testing initiative. Under it, all those arrested
for Federal crimes would be drug tested before being released
back into the community.
Drug Courts: Drug courts, for which the budget proposes $100
million, offer an alternative for non-violent offenders who
are willing to participate in, and would benefit from,
rehabilitative drug treatment. Drug court programs rely on
sanctions, such as incarceration and increased drug-testing
and supervision, to encourage treatment.
Substance Abuse Treatment: The budget proposes $1.2 billion,
a $67 million increase over 1996, to support State substance
abuse activities, which help target resources to local hard-
core user populations. In addition, the budget helps restore
funding for substance abuse demonstration programs to $352
million, a $140 million increase over 1996, providing
treatment and prevention services for pregnant women, high-
risk youth, and other under-served Americans.
Community-Based Prevention: The budget proposes $1.6 billion for drug
prevention programs, an increase of $200 million over 1996. After
significant and steady declines through the 1980s, teenage drug use is
rising and anti-drug attitudes are softening. Drug glamorization in
popular culture, especially rock music, and the highly publicized debate
about drug legalization have fueled these reversals. To help stem these
trends, the budget puts a major focus on keeping America's youth drug-
free.
The Safe and Drug Free Schools and Communities Program: The
Safe and Drug Free Schools and Communities program provides an
important foundation for the Nation's drug and violence
prevention efforts, helping school districts implement anti-
drug and anti-violence programs in the schools. The program
now serves 39 million students in 97 percent of school
districts. The budget proposes $540 million, an increase of
$74 million over 1995.
SECURING OUR BORDERS AND ENFORCING THE LAW
The President has placed a high priority on controlling our Nation's
borders. For too long, insufficient staff, inadequate facilities, and
outmoded equipment and technology have permitted uncontrolled movement
across the border--over 3.5 million aliens now reside in this country
illegally. As a Nation of immigrants, we must welcome those who seek
legal entry or refugees who seek protection from harm. As a Nation of
laws, however, we must maintain our borders and deter and remove those
who enter illegally.
The President has worked with Congress over the last three years to
boost funds for the Immigration and Naturalization Service (INS) by 74
percent. The President's Immigration Initiative is a strategic plan
[[Page 108]]
to secure the borders as we work with State and local governments to reduce
the effects of illegal immigration. The budget proposes $3.1 billion for
INS, $441 million more than in 1996 (see Table 11-3).
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Table 11-3. IMMIGRATION AND NATURALIZATION SERVICE PROGRAM FUNDING
(Budget authority, dollar amounts in millions)
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Dollar Percent
1993 1995 1996 1997 Change: Change:
Actual Actual Estimate Proposed 1993 to 1993 to
1997 1997
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Appropriated Funds:
Border Patrol..................................... 354 442 583 716 +362 +102%
Investigations and Intelligence................... 142 169 229 279 +136 +96%
Land Border Inspections........................... 83 88 122 152 +69 +83%
Detention and Deportation......................... 161 194 309 401 +240 +149%
Program Support and Construction.................. 227 437 493 599 +373 +164%
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Subtotal........................................ 967 1,330 1,736 2,147 +1,180 +122%
Fee Collections and
Reimbursements:
Citizenship and Benefits.......................... 308 359 539 511 +203 +66%
Air/Sea Inspections and Support................... 255 362 381 439 +184 +72%
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Subtotal........................................ 563 721 920 950 +387 +69%
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Total, INS.......................................... 1,530 2,051 2,656 3,097 +1,567 +102%
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Securing the Border: Controlling illegal entry at the border with
limited resources has been a continuing challenge for INS--one that the
Administration has addressed. Under its plan, Border Patrol staffing
would rise by over 85 percent from 1993 to 1998 (to over 7,000 agents).
Since 1993, the Administration and Congress have provided funds to hire
1,850 more patrol agents to meet staffing needs at the Nation's busiest
Southwest border crossing points. The budget builds on this foundation,
adding resources to support 700 more Border Patrol agents, 150 INS
inspectors, and 657 Customs personnel to strengthen land ports-of-entry
and stem the flow of illegal aliens and drugs (see Chart 11-2).
Enforcement Strategy Along the Border: Since 1993, the
Administration has focused on deterrence at the border. This
multiyear plan has targeted border enforcement along the
Southwest border, starting with the largest illegal crossing
areas. Projects such as ``Operation Gatekeeper'' in San Diego
and ``Operation Hold-the-Line'' in El Paso have helped deter
illegal crossing. Local law enforcement officials cite these
projects as important factors that helped to reduce crime
significantly--upwards of 60 percent--in affected border
communities. The budget expands these initiatives to cover the
full Southwest border. It adds 850 INS agents and inspectors;
proposes $33 million to replace outmoded equipment; and funds
new weapons and electronic detection technology.
Use of Technology: INS is using advanced biometric technology
along the Southwest border to identify and control alien
crossings. Its IDENT system uses stored fingerprints and
photographs to form a unique identifier with information on
aliens, for use in law enforcement. The IDENT system has
allowed INS to tap ``lookout'' and law enforcement criminal
data bases and
[[Page 109]]
provide real-time evaluation of illegal
crossing trends, enabling INS to quickly redeploy Border
Patrol resources. The budget provides $7.8 million to expand
and operate the IDENT pilot along the entire Southwest border,
and includes another $16.8 million for technology to
strengthen Southwest border enforcement.
Reducing the ``Job Magnet'' for Illegal Entry: Each year, a powerful
``job magnet'' draws hundreds of thousands of illegal aliens to this
country. The Administration has put muscle into the employer sanctions
enforcement provisions of the 1986 Immigration Reform and Control Act.
Since 1993, the Government has taken over 15,000 enforcement actions,
leading to over 25,000 apprehensions and $10.5 million in employer
fines. The budget proposes to make it easier for employers to verify
employment eligibility, and to expand enforcement efforts against
traditional employers of unauthorized labor. In addition, the President
signed a path-breaking Executive Order on February 13, 1996 to deny
Federal contracts, for up to a year, to firms that employ illegal
aliens.
Employment Verification: Over half of the illegal aliens in
this country never crossed our borders illegally; rather, they
overstayed the terms of their visas. Many of them use
fraudulent documents to get jobs. To address this problem, INS
developed several pilot employment verification systems to
help employers determine the eligibility of potential
employees. A telephone verification system in Orange County,
California has enlisted over 200 employers--expected to grow
to over 1,000 in 1996--who use a quick, effective, and non-
discriminatory system to verify the employment eligibility of
new employees. The budget proposes $10 million to expand
verification and fraud detection and prevention programs.
[[Page 101]]
Worksite Enforcement: Worksite enforcement and employer
sanctions are keys to dampening the lure of illegal
employment. The Administration's vigorous enforcement of
employment standards denies employers the advantages of hiring
highly vulnerable and exploitable illegal immigrants to work
at substandard wages and in poor working conditions. Employers
who knowingly hire illegal aliens should be held accountable.
INS has launched a concentrated enforcement effort, centered
in the Midwest and titled ``Operation JOBS,'' that targets
employers who routinely flout the law and hire illegal aliens.
The joint exercise, drawing on the expertise of INS, the State
and Labor Departments, and local officials, has generated
5,555 alien apprehensions and 4,453 removals since it began in
January 1995. In addition, it has placed over 3,000 citizens
in jobs that illegal aliens previously held. The budget
proposes to add 106 investigators and deportation officials to
strengthen INS' worksite enforcement efforts.
Swiftly Removing Illegal and Criminal Aliens: The budget expands
another part of the President's Immigration Initiative--removing
criminal and undocumented aliens. It proposes to enhance INS' ability to
identify, locate, and remove criminals and other deportable aliens. With
these and other resources, INS would be able to remove 93,000 aliens in
1997, a 50 percent increase over projections for 1996.
Port Courts and Deportation: The budget proposes $4.2 million
to expand efforts by INS and the Executive Office of
Immigration Review (EOIR) to expand the innovative ``port
court'' concept that began in California. INS has established
a port court at the Otay Mesa land border crossing port to
expedite immigration hearings for aliens who try to enter the
country using counterfeit documents or falsely claiming U.S.
citizenship. The budget expands the courts to additional ports
of entry in 1997.
Institutional Hearing Program: The criminal alien inmate
population represents a growing portion of all inmates in
Federal, State, and local prisons and correctional facilities.
To expedite deportation and expulsions, INS, in conjunction
with EOIR and State correction officials, has launched an
innovative, on-site prison hearing program to conduct criminal
alien deportation hearings while inmates serve their
sentences. The program led to the removal of over 9,500
criminal aliens in 1995. The budget proposes $9.2 million to
add courtrooms and staff, and $11.1 million to expand the same
concept to aliens incarcerated in local jails.
Deportation: The budget proposes funds to activate 700 new
detention beds in Texas and Florida, and to enhance the INS
alien transportation system.
Assisting States and Localities with the Costs of Illegal Aliens:
Through the State Criminal Alien Assistance Program, the President has
provided unprecedented help to reimburse State and local governments for
the costs of incarcerating illegal aliens. In 1995, the Federal
Government provided $130 million to reimburse 41 States. The budget
recommends $500 million to expand reimbursements to State and local
governments.