Nexus: Chapman's Journal of Law and Public Policy

With immigration policy reform on the minds of local and national politicians alike, it seems hardly surprising that amidst a burgeoning and increasingly violent illegal drug trade rooted in Mexican cartels, that U.S. policy makers are looking for new and innovative ways to keep Americans safe from illegal immigrants and drug traffickers. This week, discussion has emerged about one of the newest ways the Border Patrol is keeping us safe—Predator B, the unmanned aircraft (or drone plane) that looms at 19,000 feet overhead, using highly powerful cameras to record the actions of those on the ground with surprising clarity. This month in Arizona, Jerry Kersey, a Customs and Border Protection agent, oversaw a night mission that resulted in the capture of 18 illegal immigrants who had crossed the United States border. From a small trailer 40 miles from the scene, Kersey and his two-person crew controlled the unmanned aircraft and gave commands to a ground crew outfitted with night vision goggles. Unbeknownst to those on the ground, Kersey and his crew had detected a band of 31 illegal immigrants headed towards Tucson, AZ from video imaging streaming from the plane hidden high in the sky. Once the immigrants were detected, Kersey gave directions to the ground crew to “come and get these guys.” Just as the agents were about to move in, cloud cover emerged, and just like that, the multi-million dollar camera lost its image. Although 18 of the 31 were captured, 13 illegal immigrants got away. Kersey was mad, but acknowledged that escape is sometimes just part of the job.

Supporters of Predator B sing its praises as a useful and indeed imperative way to augment the systems already established for controlling our border. There are currently six Predators monitoring the borders in a limited fashion with three in Arizona, two in North Dakota, and one being tested to assume a maritime anti-narcotics duty in Florida. Representative Henry Cuellar (D-TX) from the border town of Laredo calls for the use of the unmanned drone planes in the Lone Star State, acknowledging that “this will be something that provides law enforcement extra support.”

Predator B, however, does not come without limitations. Uncontrollable factors like clouds and weather can impede the effectiveness of the plane, when without notice, the video image is obstructed. Additionally, a 2008 congressional report said that “UAVs [unmanned aerial vehicles] suffer accident rates up to hundreds of times higher than manned aircraft[s].” Although some like David Gasho, director of aviation operations at Fort Huachuca, claim that safety concerns have been resolved, there is still the logistical concern to make sure that these border control planes don’t interfere with private and commercial flights. Finally, the cost of such planes is exorbitant with the camera alone costing several million dollars.

With the current budget crisis in America and the pressing need to address border safety issues, one has to wonder if sophisticated remote control planes is really the best use of our time, effort, and most importantly, tax payer dollars.

Source: Ed Lavandera, Drones Silently Patrol U.S. Borders, CNN, (March 12, 2010), http://www.cnn.com/2010/US/03/12/border.drones/index.html?iref=allsearch.