Why the Government is Increasingly Depending on the Coast Guard as an Important Player
in National Security
CSC 1997
Subject Area - National Security
EXECUTIVE SUMMARY
Title: Why the Government is Increasingly Depending on the Coast Guard as an Important Player
in National Security
Author: Lieutenant Commander David A. Cinalli, United States Coast Guard
Thesis: The Coast Guard has become an increasingly important, if unsung, player in ensuring the national security of the United States. As Military Operations Other Than War (MOOTW) starts to play a greater role in United States national security, the Coast Guard alone has the unique ability to integrate its humanitarian mission of search and rescue, and its national security mission of law enforcement, with its multi-mission platforms to meet these emerging demands.
Discussion: With the global threat of the Cold War diminished, increased involvement in Military Operations Other Than War (MOOTW) in the 21st Century will continue to increase as chaos spreads and world resources become scarce. This is occurring as the federal government is downsizing, and funding continues to be scarce throughout an austere budget environment. The federal government, therefore, needs a service capable of meeting these multi-mission demands in a cost effective manner. A case study of the Haitian Mass Exodus which occurred from 1991 to 1994, exemplifies why the federal government is increasingly dependant upon the Coast Guard's expertise and capabilities as the service of choice in similar maritime operations in the littorals.
The Coast Guard was the primary maritime federal law enforcement agency and took the lead throughout the Haitian Mass Exodus, bearing the burden of enforcing United States immigration laws. The Coast Guard provided an invaluable service and a most noteworthy contribution to humanity, saving thousands of Haitian lives that would surely have perished at sea. The Coast Guard's ability to expertly handle the vital functions of Search and Rescue (SAR) and law enforcement integrating them with their mulit-mission platforms, while still responding to routine emergencies, proved once again that the Coast Guard is the premier maritime service and the service of choice for this type of operation. Being prepared to stop the influx of illegal migrants is a key part of the Coast Guard's law enforcement mission and an important national security concern.
Conclusions: Given the likelihood that the next naval conflict will be in the littoral versus open ocean, the Coast Guard's multi-mission capabilities will make it the service of choice. Operation Able Manner was a classic example of how the Coast Guard was able to use its multi-mission force to provide a non-redundant capability to complement the Navy in support of U.S. goals and interests in a littoral area. Its complex, yet efficient, organization of people, ships, boats, aircraft, and operation centers consistently ensured that the proper tools were always at hand. The Coast Guard's greatest strength was its versatility and its ability to tie together its many missions, effectively meeting challenges whenever and wherever they arose. An aggressive high seas boarding program is essential for both deterring and interdicting drug and alien smuggling at sea. The demand for Coast Guard assets and expertise will continue to grow. There is simply no one else available with the training, experience, or multi-mission platforms to assure these national maritime priorities in the absence of the Coast Guard.
CONTENTS
CHAPTER PAGE
1. THE COAST GUARD AS THE LEAD AGENCY IN
THE HAITIAN MASS EXODUS.................................................................. 1
2. HAITI - THE CASE STUDY......................................................................... 5
Haiti: An Agenda For Democracy................................................. 5
Haitians Know When to Go and When to Stay.............................. 6
Alien Migrant Interdiction Operation............................................. 9
Legal Framework for Coast Guard Operations in
Support of Immigration Law Enforcement..................................... 12
Executive Order 12807.................................................................. 13
Another Mass Exodus................................................................... 17
Operation Able Manner................................................................. 19
3. Search and Rescue.............................................................................. 22
4. LAW ENFORCEMENT................................................................................. 27
Legal Authorization....................................................................... 30
5. tRAINING.................................................................................................... 33
6. MULTI-MISSION PLATFORMS AND APPROACH................................... 37
7. CONCLUSION............................................................................................. 42
APPENDIX A: CHRONOLOGICAL HISTORY OF US/HAITI INTERACTION...... 45
NOTES.......................................................................................................................... 49
BIBLIOGRAPHY.................................................................................................... ..... 54
Why the government is increasingly depending on the The United States Coast Guard as an important player in National Security
CHAPTER ONE
THE COAST GUARD AS THE LEAD AGENCY IN
THE HAITIAN MASS EXODUS
SEMPER PARATUS!!! Always ready. The Coast Guard has a long sea-going tradition and a high spirit which is summed up in its motto. The United States Coast Guard, known as the "Smokies of the Sea" and the "Lifesavers," has approached its mission and served its country and humanity with professionalism, enthusiasm, and a high sense of vigor since August 4, 1790. The Coast Guard was originally entrusted with the enforcement of the young republic's anti-smuggling laws using its fleet of ten cutters. As such, the Coast Guard is the oldest continuous sea-going armed service of the United States. In 1967, the Coast Guard was transferred from the Treasury Department to the Department of Transportation where it performs a peace time mission. In war time, the Coast Guard reports under the Department of Navy and serves alongside other Navy surface combatants.
With the global threat of the Cold War diminished, increased involvement in Military Operations Other Than War (MOOTW) in the 21st Century will continue to increase as chaos spreads and world resources become scarce. This is occurring at the same time that the federal government is downsizing, and funding continues to be scarce throughout an austere budget environment. The federal government, therefore, needs a service capable of meeting these multi-mission demands in a cost effective manner.
The Coast Guard has become an increasingly important, if unsung, player in ensuring the national security of the United States. As MOOTW starts to play a greater role in United States national security, the Coast Guard alone has the unique ability to integrate its humanitarian mission of search and rescue, and its national security mission of law enforcement, with its multi-mission platforms to meet these emerging demands. A case study of the Haitian Mass Exodus exemplifies why the federal government is increasingly depending on the Coast Guard's expertise and capabilities, as the service of choice in similar maritime operations in the littorals.
Although the Immigration and Naturalization Services (INS) is the primary agency for enforcing United States immigration law and administering the relevant federal programs, most Americans remember the United States Coast Guard as the first military force and government agency involved in the Haitian Migration Mass Exodus. The Coast Guard was the primary maritime federal law enforcement agency and took the lead throughout this crisis, bearing the burden of enforcing United States immigration laws and related international agreements at sea. The Coast Guard may have been the smallest United States military service and government agency involved, but it was also the most visible. Providing an invaluable service and a most noteworthy contribution to humanity, the Coast Guard saved thousands of Haitian lives that would surely have perished at sea.
Two Joint Chiefs of Staff, have recognized the Coast Guard as a valuable asset. In 1992, General Colin Powell stated, "I'm more certain than ever that the Coast Guard belongs in the toolbox of military capabilities. The Coast Guard's national security functions will evolve with the emerging requirements of the post Cold War era." [1] The Coast Guard was further recognized receiving numerous other accolades by General Powell's successor General Shalikashvili, the present Commander of the Joint Chiefs of Staff, during a visit to Haiti. He stated to Admiral Kramek, Commandant of the Coast Guard , "Your people performed superbly in Haiti. You were right there when we needed you the most. We can always rely on the Coast Guard ! You are truly Semper Paratus." [2]
The Haitian Mass Exodus, which occurred from 1991 to 1994, was sparked by the overthrow of President Jean-Bertrand Aristide, a Roman Catholic priest, was elected to office on 16 December 1990. Jean-Bertrand Aristide was Haiti's first popularly elected president receiving 67% of the vote. On September 30, 1991, LT Gen Raoul Cedras, named by Aristide to run the army, led a coup and seized control of the country. The leaders of the coup massacred many Haitians after assuming power.[3] Aristide fled to Caracas, Venezuela, and then eventually to Washington, D.C.
In an effort to restore him to power, the United Nations, led by the United States, imposed an embargo on the island. This worsened the already desperate economic situation. The exodus of the Haitians was also prompted in part by the Clinton administration's decision to grant political asylum hearings to Haitians picked up at sea, rather than summarily returning them to Haiti. A mass exodus form Haiti ensued. During this mass exodus, thousands of Haitians departed Haiti in an attempt to reach the United States in search of freedom and a better life. Unfortunately, they used a variety of extremely dangerous, overloaded, and unseaworthy craft. Nearly all of the vessels lacked basic safety equipment and had inadequately trained crews. This ultimately challenged the Coast Guard, which was tasked with both enforcing immigration laws and working around the clock performing numerous search and rescue (SAR) missions to assure the preservation of life.
CHAPTER TWO
HAITI - THE CASE STUDY
Haiti, located in the Caribbean, occupies the western one-third of the island of Hispaniola between the Caribbean Sea and the North Atlantic Ocean. It is west of the Dominican Republic and just to the east of Cuba. (See figure 1) Its population is approximately six and one-half million, with a population density of 2000 people per square mile. Haiti lacks a stable economy and unemployment is as high as 60 %. The capital is located in Port-au-Prince, where one fifth of the population resides.
hAITI: AN AGENDA FOR DEMOCRACY
According to sources from the World Bank, Haiti is by far the western hemisphere's poorest country, despite receiving a large volume of international aid. The United Nation's Human Development Index, a device designed to measure standards of living rather than just income, also ranks Haiti at the bottom of the hemisphere, resting firmly in the misery levels of the world's poorest countries, with a per capita income of only $218 per year.[4]
Numerous attempts by the United States and other nations to resurrect Haiti have failed. Josh Dewind, the Director of Latin American and Caribbean Studies at Hunter College in Pennsylvania, and David Kinley III of the World Bank stated, " in the past, as much as 80% of money earmarked for aid was misused for corruption." [5] Likewise, sources from the Government Accounting Office (GAO) stated, "corruption has a grave impact on Haiti's dire poverty and severe social problems." [6] With a long history of corruption in a country where a coup is capable of ousting the president and massacring hundreds of people, it is no wonder Haitians sought refuge in the United States.
Throughout the last decade, the number of Haitians who attempted to enter the United States illegally rose and fell according to the degree of political and economic problems facing the Haitians. In 1981, the United States Government established an agreement with the government of Haiti that permitted the Coast Guard to board Haitian-flagged vessels on the high seas in an attempt to aid Haitian vessels in distress, remove Haitians from unseaworthy vessels, and prevent them from entering the United States illegally. Haiti's poverty, high population density, and political instability are endemic. Therefore, Haitians have sought, and are likely to continue to seek, better conditions elsewhere. As Paul Kennedy comments in his book, Preparing for the 21st Century, the United States continues to be the destination for thousands of Haitian immigrants who consider it very desirable. Unfortunately, Haitian migrants come to the United States with low educational and skill levels, and they tend to congregate in Southern Florida, which places severe demands upon social, educational, and medical services.
ALIEN MIGRANT INTERDICTION OPERATION
In early 1981, thirty Haitians drowned and washed ashore at Hillsboro Beach , Florida.[10] This drowning, in combination with several other tragic incidents, convinced the United States public, as well as policymakers, that the U.S. needed to control the number of Haitians attempting to enter the country. In September 1981, Executive Order 12324 was signed and issued by President Reagan. Executive Order 12324 established the Alien Migrant Interdiction Operation (AMIO), which authorized the Coast Guard to interdict vessels suspected of transporting illegal immigrants to the U.S. In addition, the U.S. signed a treaty with Haiti detailing the joint cooperation between the U.S. and Haiti in implementing these interdictions. The AMIO program also allows the Coast Guard to interdict stateless vessels as well as vessels of countries with which the U.S. has an interdiction agreement. This means that any boats which are suspected of having illegal aliens embarked can be intercepted by Coast Guard cutters, with the Coast Guard empowered to assess the situation and screen all potential refugees. Since the conception of AMIO, the Coast Guard has stationed at least one large or medium cutter in the Windward Passage, the body of water which separates Haiti and Cuba, with an INS agent and an interpreter on board. Additionally, a Coast Guard Liaison Officer (billeted for a CDR/O-5) is stationed in Port-au-Prince and oversees issues which involve coordination between the Coast Guard and Haiti.
Not only does the agreement between the U.S. and Haiti allow the Coast Guard to board all Haitian vessels, it also provides some protection to Haitians who are repatriated. The Haitian Government agreed that they will not prosecute Haitians who are returned for illegal departure.[11] Despite the AMIO program, Haitian emigration grew steadily until 1988, when it experienced a slight drop. However, from 1991 to 1993, an enormous increase occurred. Figure One below details the number of Haitians interdicted each month from 1981 through September 1995. Since 1981, the Coast Guard interdicted 92, 660 Haitians attempting to enter the United States illegally.[12]
|
1981 |
1982 |
1983 |
1984 |
1985 |
1986 |
1987 |
1988 |
1989 |
1990 |
1991 |
1992 |
1993 |
1994 |
1995 |
JAN |
|
129 |
0 |
25 |
104 |
258 |
192 |
503 |
438 |
54 |
309 |
6663 |
1354 |
63 |
36 |
FEB |
|
0 |
5 |
318 |
34 |
453 |
9 |
0 |
141 |
90 |
0 |
1223 |
9 |
347 |
0 |
MAR |
|
21 |
17 |
84 |
37 |
158 |
252 |
741 |
1535 |
0 |
0 |
1141 |
11 |
274 |
0 |
APR |
|
0 |
145 |
75 |
750 |
550 |
101 |
329 |
687 |
113 |
758 |
6158 |
0 |
613 |
252 |
MAY |
|
13 |
41 |
134 |
197 |
200 |
206 |
540 |
0 |
1 |
70 |
13103 |
1 |
1459 |
1 |
JUN |
|
0 |
158 |
191 |
25 |
92 |
159 |
400 |
135 |
99 |
127 |
366 |
109 |
5603 |
41 |
JUL |
|
8 |
90 |
43 |
0 |
133 |
604 |
402 |
150 |
206 |
196 |
150 |
91 |
16086 |
8 |
AUG |
|
0 |
8 |
58 |
288 |
1248 |
506 |
173 |
70 |
0 |
43 |
246 |
77 |
345 |
423 |
SEP |
|
0 |
25 |
380 |
652 |
6 |
547 |
209 |
429 |
156 |
157 |
141 |
371 |
131 |
0 |
OCT |
169 |
0 |
140 |
141 |
44 |
8 |
368 |
452 |
115 |
191 |
68 |
737 |
95 |
22 |
|
NOV |
18 |
0 |
55 |
953 |
32 |
24 |
429 |
431 |
0 |
0 |
6023 |
1016 |
60 |
110 |
|
DEC |
0 |
22 |
78 |
540 |
248 |
258 |
168 |
434 |
37 |
214 |
2336 |
494 |
226 |
16 |
|
TOT |
187 |
193 |
762 |
2942 |
2411 |
3388 |
3541 |
4614 |
3737 |
1124 |
10087 |
31438 |
2404 |
25069 |
761 |
Figure 1: Haitian Migrants Interdicted by Sea by USCG from 1981 to 1995
Source: Material provided by Aaron Danis, National Maritime Intelligence Center, Suitland, Maryland, on December 6, 1996, during an interview in person and by LT Eric Giesie, Coast Guard Headquarters, Office of Law Enforcement (G-OLE), on December 13, 1996, during an interview in person.
legal FRAMEWORK FOR COAST GUARD OPERATIONS IN SUPPORT OF IMMIGRATION LAW ENFORCEMENT
The statutory basis for all Coast Guard law enforcement missions is contained in 14 United States Code, (USC) 2 which states, "The Coast Guard shall enforce or assist in the enforcement of all applicable federal laws on, under, and over the high seas and waters subject to the jurisdiction of the U.S." [13] 14 USC 89 is the primary statutory basis for Coast Guard law enforcement jurisdiction in the maritime arena. The Coast Guard may at any time go on board any vessel subject to U.S. jurisdiction for the purpose of ensuring compliance with all applicable federal laws, including the violation of the Immigration and Naturalization Act. This enforcement authority extends to all waters over which the United States has jurisdiction, as well as all international waters. 14 USC 89 provides active duty Coast Guard petty officers, warrant officers, and commissioned officers authority to board, search, detain, arrest, and/or seize in appropriate circumstances. A second relevant statute is 14 USC 141(a) which provides broad authority for the Coast Guard to assist any federal agency in performing any activity for which Coast Guard personnel are especially qualified. In most cases, Coast Guard authority to assist a foreign government in cooperative enforcement cases is derivative in the sense that the Coast Guard acts at the request of the State Department following appropriate bilateral communications through diplomatic channels. Additionally, Executive Order 12807 of May 24, 1992, mandated Coast Guard migrant interdiction operations. [14]
EXECUTIVE ORDER 12807
ANOTHER MASS EXODUS
The Coast Guard clearly demonstrated its unique capabilities to mobilize and adapt quickly to this highly demanding situation. The Coast Guard rapidly recalled all of its major cutters and resources for Operation Able Manner despite the fact that many had just returned from long patrols and had spent only a few days in port. Cutters were prepared for immediate deployment, allowing the Coast Guard to cover the vast search and rescue missions as well as the mass exodus law enforcement missions. The Coast Guard found itself coordinating with numerous other Government agencies but, more frequently, shouldered alone most of the burden of the Haitian migration while other government agencies sought solutions. As a result, the Coast Guard declared a crisis at sea before receiving any assistance from the White House or any other governmental agency.
The Coast Guard interdicted all the Haitian migrants without a single safety mishap. This record was remarkable and ranks second to none, considering the vast dangers associated with the mission. Haitians were overloaded on board Coast Guard cutters, with hundreds of Haitians living outside on the weather decks of the ships for as long as two weeks at a time. The crews of the Cutters who took part in the AMIO operation during this period administered everything from basic medical care to assisting with child birth while aboard ship. The Coast Guard prevented an enormous loss of life by interdicting Haitian migrants who would have certainly perished at sea. By interdicting Haitian migrants, the Coast Guard also saved South Florida from a potential socio-economic disaster the migrants might have caused if they had reached Miami.
Operation Able Manner was a huge success, virtually stopping all illegal immigration from Haiti. Five interdictions were completed in just the first hundred hours. Upon conclusion of the operation, there was no further activity. During Operation Able Manner, the Coast Guard intercepted over 23,000 Haitians without significant loss of life. However, the toll on the Coast Guard was considerable. The increased tempo of operations put the Coast Guard over its planned budgetary expenditures and extended many of its sea and air assets beyond the scheduled operational hours. Not only has equipment life and the personal lives of the crew suffered, but training and maintenance were sacrificed to maintain the high vigilance at sea. Another consequence was that other missions, such as counternarcotics enforcement, experienced a severe drop, causing an immeasurable impact to the national security of the United States.
CHAPTER THREE
SEARCH AND RESCUE
The Coast Guard's ability to expertly handle the vital functions of Search and Rescue (SAR) cases during the Haitian Mass Exodus while still responding to routine emergencies proved once again that the Coast Guard is the premier maritime service and the service of choice for this type of operation. SAR is without a doubt the mission that the Coast Guard is best known for, both domestically and throughout the world. Saving lives and property at sea has been a mainstay of the Coast Guard and will remain a primary focus in the Coast Guard's maritime safety role in the foreseeable future.
SAR, as the most publicly known mission of the Coast Guard, traces its roots back to the early 1800s when the Fleet Revenue Cutter was tasked by the Secretary of Treasury to render aid to vessels in distress. Later, the U.S. Lifesaving Service was established to provide beach patrols, launching surf boats to rescue distressed people just offshore. In 1915, The Revenue Cutter Service and Lifesaving Service combined to form the Unites States Coast Guard. Today, despite the number of Coast Guard missions, SAR is the top priority. [27]
Coast Guard SAR response involves multi-mission stations, cutters, aircraft, and boats linked by a communications network. The National SAR Plan is divided into three regions: Inland, Maritime, and Overseas. The Coast Guard, as the maritime coordinator, is responsible for conducting SAR throughout the Maritime SAR area. The maritime SAR Area is a massive region which includes all waters subject to the jurisdiction of the United States, and high seas areas covering much of the North Atlantic and Pacific Oceans, as well as a substantial portion of the Arctic Ocean. To meet these vast responsibilities, the Coast Guard maintains SAR facilities on the East, West, and Gulf coasts, as well as in Alaska, Hawaii, Guam, and Puerto Rico, the Great Lakes, and on the internal waterways. The Coast Guard has continually been recognized as the leader by the international SAR community. In addition, maritime tradition and international law require Coast Guard assets to respond to distress requests for assistance in any area in which they are operating, regardless of location.
Over the years, the Coast Guard has developed a vast amount of knowledge and expertise in the SAR mission area, undertaking more than 65,700 SAR missions per year. In a typical day, the Coast Guard saves 14 lives and assists 328 people. The Coast Guard pulls them from the water, from cliffs, from rooftops, and sinking ships. To each of the 4,380 people whose lives are saved each year, to their families, friends, communities, and to America, the Coast Guard is the premier maritime service, a service that patrols America's coasts and abroad to rescue people in distress, provide cutters, aircraft, and expertise to state, local, and federal authorities in search and rescue missions, rescue victims of natural disasters, such as floods or hurricanes, and to deliver food, water and medicine to those in need. Additionally, the Coast Guard partners with local emergency response teams to provide assistance in the wake of maritime accidents or disasters such as the TWA Flight 800 crash where Coast Guard Cutter Adak (WPB-1333), (my previous command) was the first on scene, to improve recreational boating safety, and administer training, standards, and various safety programs such as the Partnership for Safety Program for commercial fishing vessels. Skipper Lawrence Bassett reaffirmed the Coast Guard's commitment and its importance when he was rescued by stating, "You never think it's going to be you. But today, it was my crew and they wouldn't be here now if the Coast Guard hadn't been there expeditiously. We owe them our lives." [28] With the Coast Guard conducting an average of one SAR case every eight minutes and saving a life every two hours, it is no wonder that this training and expertise paid off during the Haitian Mass Exodus.
The lifesaving efforts of Coast Guard men and women captured worldwide attention throughout the Haitian Mass Exodus, but especially during the summer of 1994. The Coast Guard responded not only to the Haitian Mass Exodus but also to a Cuban Mass Exodus and more than 58,000 people were assisted during the two largest Coast Guard SAR operations since World War II. The cutters assigned to Operation Able Manner during the Haitian Mass Exodus rescued more than 23,000 people from overcrowded un-seaworthy sailboats off the coast of Haiti between May and July. During the two weeks beginning June 24, the cutters assigned to Able Manner worked an average of 31 SAR cases, rescuing more than 1,200 people each day. The daily SAR record reached a new plateau on July 4th, when 3,247 Haitians were rescued from 70 leaky sailboats. While these two operations drew international attention, the Coast Guard also kept pace with its normal busy routine comprised of 10,000 SAR cases per year in the 1.8 million square miles of water off South Carolina, Georgia, Florida, and the Caribbean. Kent Smiri, a Fish and Game warden from California, commented on the Coast Guard's covering the vast amount of area when he said, " The Coast Guard's success does not surprise me. We have a huge amount of territory to cover. Time and again the Coast Guard is there for us. They are a service that is well trained and have a wealth of expertise in maritime operations." [29]
Despite the large areas of operation, the Coast Guard has been successful by utilizing advances in technology to assist with SAR and search planning. The Coast Guard uses a system called Computer Assisted Search Planning System (CASP), which uses the Monte Carlo simulation technique to provide probability distribution for search target location. The system uses environmental input provided by Navy Oceanographic Center to predict drift of search target location. This is the only data base and tool available today that takes into account the many uncertainties associated with a search and results of prior searches. Additionally, the Coast Guard coordinates an Automated Mutual Assistance Vessel Rescue system (AMVER) in order to assist fellow mariners. Apart from Coast Guard assets, the Coast Guard also has always depended on other assets, such as commercial and salvage vessels, for assistance, utilizing the Good Samaritan rule when the Coast Guard requests. This has proven very effective, as only a small percentage of mariners refuse to participate.
The Coast Guard's SAR expertise, various platforms, thorough training, and past experience proved invaluable during the Haitian Mass Exodus. SAR is a vital function that the Coast Guard will surely continue to perform well into the future. Not only is SAR what the Coast Guard is best known for but it is one of the missions that no other service or agency can duplicate. As the world's premier maritime agency, the Coast Guard remains prepared to handle future mass exoduses and is furthering its skills and expertise by dedicating research and development funding to advanced SAR systems.
CHAPTER FOUR
LAW ENFORCEMENT
Law enforcement has been a mission which the Coast Guard traces back to its inception. In the first decade following the Revolution, our young country found itself deep in a postwar economic depression. Facing heavy debts incurred during the war, the new Congress began raising money by passing a tariff law in 1789, taxing imported goods. Almost immediately, large scale smuggling sprang into existence and America's largest single source of desperately needed income was threatened. Enforcement of laws and treaties became the first mission of the Coast Guard when Alexander Hamilton, the first Secretary of the Treasury, requested in 1790, that Congress authorized the purchase of ten boats properly manned and armed with which to fight the smuggling. Congress responded by providing funds for the boats and, at Hamilton's insistence, authorizing that their officers and crews be given full military standing. The Coast Guard, then called the Revenue Marine Service, was well on its way to impacting history as a significant maritime interdiction service.
It was a bright crisp morning on July 26, 1991, and I had just assumed command of Coast Guard Cutter Adak (WPB-1333) ten days earlier. The seas and the winds were slightly building and an intelligence report stated that a mother ship (a large freighter) was due in the area within the next six hours, carrying a enormous load of cocaine. The transfer would occur within the next 24 hours to a fishing vessel and Adak was one of only three cutters in the AOR. As the search dragged on and the day got longer, there was no sign of any vessel traffic. Then, in a quick flash, the radio blared and a Coast Guard helicopter called to report a sighting 30 miles north from our position. I engaged the trootles and rang up 30 knots, headed due north and began prepping the boarding team. Upon completion of the evolution, Adak's law enforcement team boarded the vessel and seized over five and one-half tons of cocaine, setting a new record for the largest drug seizure ever on the East coast by land or sea.
As the proceeding example illustrates, the Coast Guard is uniquely positioned in terms of mandate, capabilities, and practical experience, among all federal agencies to protect borders from undocumented migrants as well as from illegal drugs and by being able to draw upon both military capabilities and law enforcement authorities. The Coast Guard enforces or assists in the enforcement of applicable laws and treaties and other international agreements, including enforcing all federal laws on the high seas and waters under U.S. jurisdiction. The principal functions of these missions are: to interdict smugglers moving drugs, to intercept illegal aliens and contraband being smuggled into the U.S., to enforce the Exclusive Economic Zone laws relating to fisheries and other resources out to 200 miles from U.S. coasts, to inspect domestic and foreign fishing vessels to ensure compliance with U.S. laws, assist other law enforcement agencies and enforce all other U.S. laws associated with marine matters and combat maritime terrorism.
The Coast Guard's mission addresses areas that are of deep concern to Americans. The economic and social impact of the counter narcotics threat, for example, is becoming more complex and pervasive on an international scale while simultaneously reemerging as a primary concern to the American people. Illegal drugs continue to threaten the well being, safety, and security of all American citizens. The cost to society is staggering. It entails: lost worker productivity, soaring medical costs, and violent drug related crimes. A Washington Post nationwide poll indicated that Americans, in increasing numbers, are greatly concerned by the alarming rates of crime and drug use, and the extent to which their interrelated efforts are compounded by illegal immigrants.
In an effort to combat these problems, the Coast Guard, as the primary maritime federal law enforcement agency on the front line of America's National Drug Control Strategy, accounts for over 25 percent of the total U.S. seizures of cocaine and marijuana. Conducting numerous law enforcement boardings and the rigorous training in preparation for this tasking, enables the Coast Guard to perfect its skills and develop the expertise for operations such as the Haitian Mass Exodus.
Being prepared to stop the influx of illegal migrants is a key part of the Coast Guard's law enforcement mission and an important national security concern. The Coast Guard's interdiction policy is directed by the National Security goals. This policy is directed by the White House and Presidential Decision Directive 9, focusing U.S. interdiction efforts as far out at sea as possible. It also directs all law enforcement agencies to shift their efforts to meet the new alien smuggling threats.
The Haitian and Cuban mass migration in 1994, brought migrant interdiction efforts into the spotlight. However, lower-level illegal migrant threats are a daily part of our enforcement efforts, and the Coast Guard has interdicted migrants from more than 40 countries. The number of countries with potential migrants continues to rise. Reports indicate that on any given day, there are 125,00 migrants awaiting transportation from Caribbean region countries to the U.S. Over the past 5 years, the Coast Guard has interdicted over 135,000 illegal migrants, saving the American people 500 million dollars in annual support and social costs. In addition to these actual Coast Guard interdictions, the Coast Guard assisted other agencies in preventing nearly 100,000 illegal entries into the U.S. Public concern over illegal migrants costing the U.S. citizens jobs and increased taxes is high, and the Huddle Study, which was conducted in 1993, estimated that the illegal aliens that settled in the U.S. since 1992, required public assistance and displacement costs exceeding $11.9 billion annually.
LEGAL AUTHORIZATION
The Coast Guard has a distinct advantage and special uniqueness compared to other U.S. Armed Forces by its unique authorization to act under the Posse Comitatus Act. The Posse Comitatus Act (18 USC 1385) was enacted during the Reconstruction Era where criminal law proscribing use of Army, and later Air Force, to execute laws except where expressly prohibited by the Constitution or Congress. Its limits on the use of military for civilian law enforcement also applies to the Navy by regulation. In December 1981, additional laws were enacted (codified 10 USC 371-78) clarifying permissible military assistance to civilian law enforcement agencies including the Coast Guard, especially in combating drug smuggling within the U.S.
Posse Comitatus clarifications emphasize supportive and technical assistance, such as use of facilities, vessels, aircraft, intelligence, technical aid, and surveillance, while generally prohibiting the direct participation of Department fo Defense (DOD) personnel in law enforcement activities such as search, seizure, and arrest. For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard Navy vessels and perform the actual boardings of interdicted suspected drug smuggling vessels and illegal immigration and, if needed, arrest their crews.
Positive results have been achieved especially from Navy ship and aircraft involvement. Presidential authorization in 1986, expended military (Army, Navy, Air Force, and Marine) involvement, and DOD is now the lead department in detection and monitoring through the fiscal year (FY) 88 DOD Authorization Act for monitoring air, sea transit of illegal drugs into the U.S., integrating all command and control, communications, and intelligence assets dedicated to interdiction through communication networks. However, DOD is still not authorized to directly engage in the law enforcement aspects of leading a boarding, conducting arrests, or acting as a customs officer. However, DOD took on the important role of assisting the Coast Guard with interdiction operations of illegal immigrants as demonstrated in the Haitian Mass Exodus.
Over one third, (36%) of the Coast Guard's operating expense goes towards fulfilling the national security and maritime law enforcement duties. An aggressive high seas boarding program is essential for both deterring and interdicting drug and alien smuggling at sea. As we move into the 21st century, the demand for additional Coast Guard assets and expertise will continue to grow. The Coast Guard is working diligently to meet these additional requirements and operating hours and will continue to do so.
CHAPTER FIVE
TRAINING
The Coast Guard's superior and rigorous training program directly contributes to the high performance, success, and wealth of expertise that the Coast Guard enjoys today and which enabled it to perform as well throughout the Haitian Mass Exodus. As stated in the Commandant's Vision Statement,
The United States Coast Guard is committed to continuous improvement of it's performance as the world's leading maritime humanitarian and safety organization. We strive to be the armed force that offers the most challenging and rewarding career for the young men and women of our nation while preserving the and honoring those customs and traditions that have served the country so well in peace and war. We are committed to providing training to our people so that they can stand always ready, to serve, protect and enhance our nation's maritime interest. [30]
The Coast Guard has a total of four training centers where it conducts various types of training. They are: Reserve Training Center Yorktown (RTC) in Yorktown, Virginia, Recruit Training Center in Cape May, New Jersey, Training Center Petaluma in California, and the Coast Guard Academy. Reserve Training Center Yorktown offers specialized training which was utilized and proved invaluable during the Haitian Mass Exodus. Occupying the easternmost tip of Virginia's historical triangle formed by Jamestown, Williamsburg, and Yorktown, on a small peninsula just minutes from the Yorktown Battle Fields, Reserve Training Center Yorktown, hosts thousands of regulars, reservists, and auxiliarists who come each year to master the latest techniques and applications of modern Coast Guard operations. The center offers basic and advanced courses to personnel from other armed forces, state, local, and Federal agencies, and allied nations throughout the world. Some of the many courses offered are: Maritime Law Enforcement School, National SAR School, Port Safety and Security School, and Small Arms and Small Boat Maintenance School. These courses provide the opportunity to hone the skills which were repeatedly utilized during the Haitian Mass Exodus.
The Maritime Law Enforcement School graduates students who are able to enforce Federal laws and treaties upon American waters and the high seas. Students are required to practice the stressful and exacting responsibilities of a Coast Guard boarding officer while performing dangerous counternarcotics missions or equally dangerous AMIO missions. In addition, all students are required to master critical elements of Coast Guard authority, jurisdiction, basic enforcement procedures, and federal prosecution.[31] The practical aspects of this course are practiced over the six-week period under the tutelage of well-qualified and seasoned Coast Guard instructors. This course has proven to be very successful in preparing students to become solid and competent boarding officers able to handle the unexpected under stress.
The National SAR School is often referred to as the world's premier source of SAR training. The school's joint Coast Guard and Air Force staff provides training in oceanic, coastal, and inland search planning procedures to SAR professionals from all branches of the U.S. military, numerous federal, state and local government agencies, volunteer SAR organizations, and international SAR students. The facilities are state of the art and highly in demand from the various agencies mentioned above. The selection criteria for SAR instructors is vigorous. Those selected are distinguished in SAR and uphold the highest standards of performance, expertise, and leadership qualities.
Several other courses previously mentioned, as well as many others, are geared to day-to-day operations which are necessary in order to function efficiently. During the Haitian Mass Exodus, individuals trained at Reserve Training Center Yorktown served numerous valuable functions such as: small boat operations and repairs, handling of small arms, port security, navigation evolutions, radar intercepts, safety assurance, marine investigation, damage control, engineering repairs and maintenance.
As the world's premier maritime service, the Coast Guard's efforts are paying dividends as numerous countries continue to seek our assistance and expertise, especially when establishing their own Coast Guards or smaller navies. The Coast Guard is continually training and working hard to provide the best possible service at the lowest possible cost. Much of the success lies in the daily commitment to the core values of honor, respect, and devotion to duty. The Coast Guard is the most productive agency in the federal government today. In lives and property saved, the Coast Guard returns a value to America equal to four times its total budget.[32] No other Government investment can match the reward and unique value delivered by the Coast Guard. The diligent and dedicated training that the Coast Guard conducts not only pays great dividends in the international community, but also in circumstances of extremis such as the Haitian Mass Exodus. The Coast Guard's devoted commitment to training their personnel as well as other government and international
agencies will continue well into the future, assuring that the highest level of professionalism and maritime expertise provided is second to none.
CHAPTER SIX
MULTI-MISSION PLATFORMS AND APPROACH
Every day, every hour around the clock, Always Ready, always professional and compassionate, and always there! "Although the public may be most familiar with the Coast Guard's SAR mission, the multi-mission approach permits our efficient organization to respond to a wide variety of law enforcement, marine safety, port security, and national defense missions." [33] Indeed, the Coast Guard's greatest strength lies in its versatility and its ability to tie together its many missions, to effectively meet challenges whenever and wherever they might arise. Since 1790, this multi-mission capability has been at its organizational core.
Coast Guard people and platforms are diverse, multi-mission oriented, standing always ready to guard America's interests on land, air, and sea. The active duty, reservist, auxiliary, and civilian members of Team Coast Guard work together to provide America with maritime law enforcement, SAR, environmental protection, and national security. As the twelfth largest navy and seventh largest maritime air force in the world, [34] the Coast Guard uses its diverse force of over 200 cutters, 1,400 small boats, and its 234 aircraft to provide a valuable resource in support of U.S. interests worldwide, but particularly in the littoral areas, where its flexibility and maneuverability can best complement the Navy's capabilities. Nowhere was this mulit-mission capability in a littoral area better demonstrated than in Operation Able Manner.
As the experts in integrating numerous maritime roles and missions, the Coast Guard consistently operated ships in shallow water, which are not constrained by their draft. This ability often expedited the completion of mission tasking and made Coast Guard cutters the most valued asset in littoral waters.
During Operation Able Manner, the Navy deployed the USS Cyclone (PC-1) to the theater with a Coast Guard LEDET attached. The Cyclone, a 170 foot coastal patrol boat, is the Navy's version of the Coast Guard 110 foot patrol boat. This vessel is capable of running at high speeds; however, it lacks the shallow water operating capability needed in littoral waters. As stated in Naval Proceedings, "the draft is such that they must remain off shore far enough that they can't enter the strictly littoral waters of many of the world's coastal areas or risk grounding. Remember the image of the one of these craft grounded in the Haiti operation." [35] The illustration referred to was "the Monsoon (PC-4), that went aground off the coast of Haiti in 1994. Extensive assistance was required to get back in the game in these littoral waters." [36] This grounding not only incurred a severe financial expense but, additionally, the loss of an asset and the time of those who assisted in freeing it from the bottom.
During the Haitian Mass Exodus, Coast Guard cutters transited closer to shore, creating a presence in locations not accessible to other vessels. This proved crucial in intercepting Haitian refugee boats more expeditiously and much closer to shore. The alternative was to wait until these unsafe and unseaworthy boats transited into rougher open waters, where weather conditions and dangers significantly increased. The Coast Guard's ability to maneuver in tight spots and shallow water, significantly decreased the number of Haitian casualties by shorting their voyage and expediting their rescue in more protected and favorable conditions.
Coast Guard ships and aircraft proved invaluable, working around the clock with minimal breakdowns in addition to their normal duties. This is a tribute to the personnel of the Coast Guard who truly lived out their core values of respect, honor, and devotion to duty, but also to the vigorous training efforts and preparation provided by training centers like RTC Yorktown. Additionally, RTC provided well-trained personnel with the specialty knowledge and expertise in SAR and law enforcement which enabled the Coast Guard to locate many Haitians adrift within a large AOR and to conduct a myriad of boardings safely and effectively. This assured the Haitians safe provisions from the time they were rescued at sea, until they were safely ashore.
During this operation, the Coast Guard combined the unique skills of its people with their sea and air multi-mission platforms and their SAR and law enforcement expertise, to locate, interdict, and board numerous Haitian boats, resulting in saving over 23,000 lives. The combination of 23 cutters and 17 aircraft in the Windward Passage shut down all illegal immigration form Haiti within the first 100 hours, resulting in no immigrants getting through. This success was executed without any known mishaps or any loss of life. In the process, Coast Guard medical personnel provided badly needed medical attention to many Haitians and delivered five babies safely while at sea. TS1 Julie Duncan described an incident in which all of the crew's multi-mission skills, training and team work was tested. She wrote,
As the Coast Cutter Hamilton (WHEC-715) spotted an overloaded
boat which was very unstable. Cutter Hamilton raced to the scene to
handle the SAR case. On this 115 degree day, Hamilton quickly
pulled along side the 60 foot sailboat, overloaded with 300 Haitians.
They were stacked three high screaming, crying, and close to death.
As we took a deep breath, the air smelled foul and stagnant of salt,
feces, and death. As the crew started bringing the refugees aboard,
the boat dropped straight underwater as if it was dropped from a ten
story building. Now their were 300 weak and struggling Haitians in
the water starring up in horror at the crew. Immediately, life rings,
life lines, survival rafts, and rescue swimmers went over the side. The
crew became one and not a word was said. Everyone knew what they
had to do and knew that there was no time to waste as time was running
out quickly. After a long high tempo thirty minutes, all of the migrants
were safely on board. The 300 Haitians were safely placed on the flight
deck with 200 more Haitians that were previously picked up. The next
twelve hours were spent nursing, feeding. comforting, and praying
silently. The 75 days that followed, proved to be intense as the crew
suffered through the heat smell, and exhaustion, while only taking one
shower per week if water was available. [37]
In her final comments, TS1 Duncan stated, "Now, I understand clearly that the true reason I joined the Coast Guard was to save lives. If I had to do it all over again, I would." [38]
The Coast Guard also developed positive strategic relationships with Haiti through nation building. Despite the arduous duty and long hours during the Haitian Mass Exodus, Coast Guard personnel's work did not stop when they pulled into Haiti. After hours, Coast Guard members were involved in community relations renovating orphanages, tutoring school children, or painting churches and schools.
Given the likelihood that the next naval conflict will be in the littoral versus open ocean, the Coast Guard's multi-mission capabilities will make it the service of choice. Operation Able Manner was a classic example of how the Coast Guard was able to use its multi-mission force to provide a non-redundant capability to complement the Navy in support of U.S. goals and interests in a littoral area. Its complex, yet efficient, organization of people, ships, boats, aircraft, and operation centers consistently ensured that the proper tools were always at hand. This was also noted by David Rouse, Chief of Police in Cannon Beach, who commented on the Coast Guard's performance during Operation Able Manner. He stated, "The Coast Guard brings resources that we don't have to emergency situations all of the time. They are able to more safely affect rescues during difficult cases, and it avoids having to put our people at severe risk. I have always been impressed with their skill and courage." [39] The Coast Guard truly was the agency of choice.
CHAPTER SEVEN
Since Haiti is a nearby island to Southern Florida, Haitians are likely to continue to seek out the United States, using the sea as their main avenue of approach. In order to resolve this ongoing dilemma, the United States will have to deal with a large number of refugees in the maritime environment for the foreseeable future. This challenge will require the Coast Guard's expertise and continued vigilance to protect America's shorelines from the waves of illegal immigrants which are sure to come. Being prepared to stop the influx of illegal migrants is a key part of the Coast Guard's law enforcement mission and an important national security concern. Continuing the Coast Guard's aggressive high seas boarding program is essential for both deterring and interdicting alien smuggling at sea. The demand for Coast Guard assets and expertise will thus continue to grow.
There is no avoiding the fact that the American people desire the Coast Guard to continue its long tradition of outstanding maritime service. However, more importantly, there is simply no one else available with the training, experience, law enforcement powers, or multi-mission platforms to assume these national maritime priorities in the absence of the Coast Guard.
APPENDIX A
CHRONOLOGICAL HISTORY OF US/HAITI INTERACTION
1991
FEB 7 - Jean-Bertrand Aristide, a Roman Catholic priest was elected Dec 16, 1990 with 67 percent of the vote is sworn in as Haiti's first popularly elected president.
SEPT 30 - Lt Gen Raoul Cedras, named by Aritide to run the army, leads a coup and seizes control of the country. Aristide flees to Caracas, Venezuela, and then to Washington, D.C. As many as 500 Haitians are massacred in the day following Aristide's ouster.
OCT 3 - Organization form the American States (OAS) adopts resolution calling on members to suspend economic, financial and commercial ties with Haiti.
OCT 4 - President George Bush bans payment by U.S. companies to the regime and freezes the government's American assets, just days after suspending foreign aid.
OCT 8 - OAS votes to impose embargo and freezes overseas assets of the Haitian government.
1992
MAY 24 - President Bush orders repatriation of thousands of boat people fleeing Haiti.
JUNE 9 - Presidential candidate Bill Clinton declares he will not use military force in Haiti and will not return the refugees until some shred of democracy is restored.
1993
JAN 14 - After Bush aides present the Clinton transition team with evidence of a large buildup of boats in preparation for a major exodus, Clinton announces that the Haitians will not be given asylum in America. U.S. Coast Guard vessels begin patrolling off of the Haitian coast to deter migration.
MARCH 16 - President Clinton meets with Aristide and steps up negotiations to restore him to power.
JUNE 4 - Clinton institutes sanctions against Haitian military leaders, including freezing their U.S. assets.
JUNE 8 - Bazin resigns and Malval takes over.
JUNE 21 - U.S. Supreme Court holds the President may order direct repatriation of aliens interdicted in the high seas.
JUNE 23 - United Nations (UN) oil embargo and OAS trade embargo commences. Assets freeze takes effect.
JULY 3 - cedras and aristide sign U.N. brokered Governors Island accord agreeing to Aristide's return on Oct 30 and establishing a ten step process to achieve a transition to democracy.
AUG 27 - U.N. sanctions, the OAS embargo and U.S. targeted economy sanction are suspended after parliament ratifies Prime Minister Robert Malval and his cabinet, as stipulated by the July 3 agreement.
OCT 11 - Warship USS Harlan County carrying military trainers as part of U.N. agreement is turned back from Port-au-Prince docks by gunmen as it attempts to land U.N./U.S. observers. White House subsequently initiates interagency task force study of military intervention.
OCT 13 - U.N. reimposes embargo and Clinton announces deployment of naval vessels to help enforce sanctions.
OCT 15 - Cedras refuses to step down in accordance with the Governors Island accords.
OCT 18 - U.N. an OAS sanctions imposed.
OCT 30 - Cedras officially reneges on agreement to let Aristide return to power.
DEC 15 - Malval returns to Haiti and resigns.
1994
AprIL 12 - TransAfrica executive director Randall Robinson begins hunger strike to protest U.S. policy calling for tighter economic sanctions and the end of repatriation of fleeing Haitians. During this period, the Congressional Black Caucus and human rights groups lobby Washington to change policy.
AprIL 26 - U.S. special envoy to Haiti Lawrence Pezzullo resigns after pressing a policy of compromise with Haiti's military rulers that drew heavy criticism from Haitian democracy activists and members of Congress.
MAY 1 - Seven Coast Guard cutters positioned off the coast of Haiti.
MAY 6 - U.N. imposes full trade embargo.
MAY 8 - White House replaces Pezzullo with William H. Gray III and announces the Migrant Processing Center (MPC). This plan consisted of a shipboard asylum policy whereby refugees picked up at sea were allowed to apply for asylum on board ship or in nearby countries.
MAY 15 - Twelve Coast Guard cutters positioned off the coast of Haiti.
MAY 22 - Increased U.N. sanctions imposed to include fuel.
MAY 25 - The National Intelligence Officer for Latin America testifies before congress stating that shipboard migrant processing will cause Haitians to flee in numbers that will quickly overwhelm shipboard processing capabilities.
JUNE 10 - Clinton bans air traffic and financial transactions with Haiti.
JUNE 22 - Clinton imposes expanded freeze on U.S. assets of Haitians.
JUNE 29 - State Department revokes non-immigrants visas issued to Haitians before May 11 and U.S. reopens reprocessing center at Guantanamo Bay naval base in Cuba.
JUNE 30 - Number of Coast Guard cutters positioned off the coast of Haiti increased to fifteen.
JULY 8 - First screened migrants repatriated to Port-au Prince.
JULY 9 - Week ends with the highest migrant outflow: 11,736 migrants interdicted.
JULY 11 - Cedras government expels human rights monitors.
JULY 12 - Number of Coast Guard cutters positioned off the coast of Haiti increased to seventeen plus one USN ship.
JULY 21 - Safe haven Policy announced. President Clinton announces this policy to encourage refugees to seek safe havens in third-party countries.
JULY 31 - U.N. Security Council votes to use all necessary means to restore democracy to Haiti. U.N. immediately adopts a resolution authorizing the use of all necessary means and the formation of a multinational coalition to restore democracy in Haiti. The number of Coast Guard cutters positioned off the coast of Haiti is decreased to twelve.
AUG 19 - Clinton approves timetable to invade Haiti and formally agrees on August 26 to the invasion.
AUG 30 - Deputy Secretary of State Strobe Talbott meets in Jamaica with the leaders of four Caribbean nations, securing their promise to contribute troops.
SEP 17 - With the invasion set for Sep 19 at 1201 a.m., Clinton sends U.S. delegation to Haiti headed by former president Jimmy Carter, Sam Nunn and Colin Powell.
OCT - U.S. begins Operation Support Democracy, President Aristide returns.
NOV - Operation Able Manner ends after interdicting over 23,000 Haitians migrants over a twenty-three month period.
Sources used in developing Appendix A:
Miami Herald, "Getting Tough; policy Changes on Haiti Since 1991," September 25, 1994, p. A-40.
Eric Giese, LT, USCG, Haiti analysis at U.S. Coast Guard Headquarters, Office of Law Enforcement (G-OLE), interview by author, 13 December 1996. Additional information provided by Aaron Danis, Haiti Analysis at the National Maritime Interdiction Center, Suitland, Maryland interview by author on 06 December 1996.
END NOTES