Border militarization and domestic institutions

Abstract

The objective of this paper is to examine the impact of border policies and the increased militarization of border control practices on the expansion of police powers, the erosion of constitutional constraints and on other institutional spillovers. In recent decades, the Border Patrol has been integrated with the broader national security state as part of the war on drugs and the war on terror. This has entailed the acquisition of military hardware, the incorporation of organizational structures and training originally developed in the military, and increased interaction with the military, intelligence agencies, and defense contractors. The Border Patrol has frequently lent their equipment, personnel, and powers to domestic policing that has only a tangential relationship with border security. Border militarization therefore contributes to expansions in the scope of police powers and the erosion of constitutional constraints. This process undermines functional polycentricity, and thereby alters the incentives and knowledge of political decision-makers.