New law aims to curb wasteful spending on US border security contracts

From both sides of the U.S. political spectrum, the Border Patrol’s lack of resources has been identified as one of the main obstacles to controlling the irregular entry of migrants. In addition to budget constraints, poor financial management has also been a key issue, as highlighted in a report by the Government Accountability Office (GAO). To address these concerns, a new law set to take effect early next year aims to curb waste and improve spending oversight. Signed by President Joe Biden on December 23, the legislation introduces measures to enhance oversight and efficiency in third-party service contracts. Under the new law, the Department of Homeland Security (DHS) will be required to submit a report to Congress for all contracts exceeding $50 million.

“This law will identify new ways to better protect taxpayer dollars and support our Border Patrol agents, CBP officers, and other personnel who work tirelessly to safeguard Texans,” said Sen. John Cornyn, R-Texas, in a statement. Cornyn was a co-sponsor of the bipartisan bill, alongside New Hampshire Sen. Maggie Hassan, D-N.Y., who argued that the new rule “will help ensure that the Department of Homeland Security and its contractors are operating as effectively as possible at the border.” U.S. Reps. Josh Brecheen (Oklahoma) and Mark Green (Tennessee) co-sponsored the measure in the House.

A 2020 report by the Government Accountability Office found a significant increase in third-party contracts for border security and highlighted a lack of oversight regarding contracted services and spending. From 2013 to 2018, the DHS allocated $70.7 billion — 76% of its total expenditures — on contracted services. The study noted: ”DHS and selected components do not consistently plan for the level of federal oversight needed for these contracts because there is no guidance on how to document and update the number of federal personnel needed to conduct oversight.”

It further cautioned that contracted services “include functions that are closely associated with inherently governmental, critical, or special interest, which could put the government at risk of losing control of its mission if performed by contractors without proper oversight by government officials.”

The contracted services that will now be subject to congressional review include detention centers, transportation services, border security teams, and medical care providers for migrants crossing the southwest border into the United States.

The report must include several key components, such as the criteria used by the DHS to determine the need for contract personnel; an analysis of the purpose, number, and location of contract personnel addressing mission requirements; an evaluation of the benefits of using contracted personnel for these services; a strategy for improving the acquisition and delivery of these services; and recommendations based on the findings. Additionally, DHS will be required to report to Congress on the status of ongoing contracts.

“This measure will not cost a dime,” Brecheen said when the bill was approved by the House in March, as it would be included in the already approved budget.

Staff shortages

The lack of resources at the border became prominent during the last election campaign, when then-Republican presidential candidate Donald Trump blocked the passage of a bipartisan bill that aimed to inject over $20 billion into staffing and equipping immigration and border services. This legislation, which had resulted from months of negotiations between Democrats and Republicans, was stalled in the Senate. It would have funded the hiring of 1,500 additional Customs and Border Protection agents, as well as increasing the number of asylum officers and immigration judges.

Long hours and challenging working conditions have further complicated efforts to recruit staff at the border. A 2023 audit revealed that 88% of border stations were understaffed. Despite attempts by Biden, Trump, and Barack Obama to increase the number of Border Patrol agents, the number has remained around 20,000 for the past four years, even as border apprehensions surged by 250% over the same period.

In the final months of 2024, however, the number of arrests at the border dropped dramatically after President Biden introduced stricter measures to limit asylum in June. By December, arrests had fallen to around 44,000, the lowest number since July 2020. This was in stark contrast to the previous year, when December 2023 saw a peak of nearly a quarter of a million arrests along the southern border.

During the election campaign, Trump blamed the Biden administration — particularly Vice President Kamala Harris, who was also the Democratic presidential candidate — for the chaos at the border, pointing to the record-breaking surge of migrants in 2023. He also repeatedly accused migrants of fueling a security crisis, highlighting crime in border regions. However, several experts argue that migrants are often victims of crime, not the perpetrators, and that the border is one of the safest areas for the average white American.

After blocking a bipartisan bill aimed at increasing border staffing, the president-elect has pledged to add 10,000 new Border Patrol agents in his second term. This is part of his comprehensive immigration plan, which includes the mass deportation of 11 million undocumented migrants and is set to begin once he assumes office on January 20.

Sign up for our weekly newsletter to get more English-language news coverage from EL PAÍS USA Edition