1

Interpretation surveillance must be covert

Baker 5 MA, CPP, CPO
(Brian, Surveillance: Concepts and Practices for Fraud, Security and Crime
Investigation, http://www.ifpo.org/wpcontent/uploads/2013/08/surveillance.pdf)
Surveillance is defined as covert observations of places and persons
for the purpose of obtaining information (Dempsey, 2003). The term
covert infers that the operative conducting the surveillance is
discreet and secretive . Surveillance that maintains a concealed, hidden,
undetected nature clearly has the greatest chance of success because the
subject of the surveillance will act or perform naturally. Remaining
undetected during covert surveillance work often involves physical fatigue,
mental stress, and very challenging situations. Physical discomfort is an
unfortunate reality for investigators, which varies from stinging perspiration
in summer to hard shivers during the winter.

Violation- the CBP does a lot more than surveillance

US CBP
US Customs and Border Patrol, Along US Borders,
http://www.cbp.gov/border-security/along-us-borders//SRawal
One of the most important activities of a Border Patrol agent is line
watch. This involves the detection, prevention and apprehension of
terrorists, undocumented aliens and smugglers of aliens at or near the land
border by maintaining surveillance from a covert position, following up
leads, responding to electronic sensor television systems, aircraft sightings,
and interpreting and following tracks, marks and other physical
evidence. Some of the major activities are traffic check, traffic
observation, city patrol, transportation check, administrative,
intelligence, and anti-smuggling activities.

Reasons to prefer
Limitsallowing the ending of public surveillance
explodes the limits of the topic by allowing affirmatives
that deal with programs that known surveillance like
detention facilities

2
The AFFs politics of recognition ties reinscribes
oppression by tying subjecthood to suffering
Tuck and Yang 14 [Eve, & K.W., 2014, R-Words: Refusing Research. In

n D. Paris & M. T. Winn (Eds.) Humanizing research: Decolonizing qualitative

inquiry with youth and communities (pp. 223-248). Thousand Oakes, CA:
Sage Publications. Pp. 228]
The costs of a politics of recognition that is rooted in naming pain
have been critiqued by recent decolonizing and feminist scholars
(Hartman, 1997, 2007; Tuck, 2009). In Scenes of Subjection, Sadiya Hartman
(1997) discusses how recognizing the personhood of slaves enhanced the
power of the Southern slaveowning class. Supplicating narratives of
former slaves were deployed effectively by abolitionists, mainly White,
well-to-do, Northern women, to generate portraits of abuse that ergo
recognize slaves as human (Hartman, 2007). In response, new laws
afforded minimal standards of existence, making personhood
coterminous with injury (Hartman, 1997, p. 93), while

simultaneously authorizing necessary violence to suppress

slave agency. The slave emerges as a legal person only when
seen as criminal or a violated body in need of limited forms of
protection (p. 55). Recognition humanizes the slave, but is
predicated upon her or his abjection. You are in pain, therefore you
are. [T]he recognition of humanity require[s] the event of
excessive violence, cruelty beyond the limits of the socially
tolerable, in order to acknowledge and protect the slaves person
(p. 55). Furthermore, Hartman describes how slave-as-victim as human
accordingly establishes slave-as-agent as criminal. Applying
Hartmans analysis, we note how the agency of Margaret Garner or Nat
Turner can only be viewed as outsider violence that humane society
must reject while simultaneously upholding the legitimated
violence of the state to punish such outsider violence. Hartman asks,
Is it possible that such recognition effectively forecloses agency as
the object of punishment . . . Or is this limited conferral of humanity
merely a reinscription of subjugation and pained existence? (p. 55).

Speaking to the suffering of other bodies denies them

humanity
Alcoff 89
Linda Alcoff, The Problem of Speaking for Others, last date cited 1989,
http://www.alcoff.com/content/speaothers.html//SRawal
The recognition that there is a problem in speaking for others has followed from the widespread acceptance of two claims.

there has been a growing awareness that where one speaks from
affects both the meaning and truth of what one says, and thus that
one cannot assume an ability to transcend her location. In other words, a
speaker's location (which I take here to refer to her social location or social identity) has an
epistemically significant impact on that speaker's claims, and can
First,

serve either to authorize or dis-authorize one's speech. The creation of

Women's Studies and African American Studies departments were founded on this very belief: that both the
study of and the advocacy for the oppressed must come to be done
principally by the oppressed themselves, and that we must finally
acknowledge that systematic divergences in social location between
speakers and those spoken for will have a significant effect on the
content of what is said. The unspoken premise here is simply that a speaker's location is epistemically
salient. I shall explore this issue further in the next section. The second claim holds that not only is location epistemically

certain privileged locations are discursively dangerou s. In particular,

the practice of privileged persons speaking for or on behalf of less
privileged persons has actually resulted (in many cases) in increasing or
reenforcing the oppression of the group spoken for. This was part of the argument
made against Anne Cameron's speaking for Native women: Cameron's intentions were never in
question, but the effects of her writing were argued to be harmful to
the needs of Native authors because it is Cameron rather than they
who will be listened to and whose books will be bought by readers
interested in Native women. Persons from dominant groups who
speak for others are often treated as authenticating presences that
confer legitimacy and credibility on the demands of subjugated
speakers; such speaking for others does nothing to disrupt the discursive hierarchies that operate in public spaces.
For this reason, the work of privileged authors who speak on behalf of the
oppressed is becoming increasingly criticized by members of those
oppressed groups themselves.
salient, but

The affirmative attempts to historicize the action of the

subaltern by rendering it into a recognizable people. This
project of academic integration obliterates the subaltern.
Our alternative is to refuse the incorporation of the
subaltern.
Spivak 5 [Gayatri, Prof. Comparative Literature and Society @ Columbia,
2005, Scattered speculations on the subaltern and the popular, Postcolonial
Studies Vol 8 No 4, p. 476]
Subaltern is to popular as gender is to sex, class to poverty, state to nation.
One word inclines to reasonableness, the other to cathexis / occupation
through desire. Popular divides between descriptive (as in presidential or TV ratings),
evaluative (not high, both a positive and a negative value, dependent on your politics), and
contains people, a word with immense range, from just anyone, to the masses (both a
positive and a negative political value, depending on your politics). The reasonable and rarefied
definition of the word subaltern that interests me is: to be removed from all lines
of social mobility. The disciplinary interest of literary criticism is in the singular and the
unverifiable. In Can the Subaltern Speak? it was the peculiar and singular subalternity of the young
Bhubaneswari Bhaduri that seemed of interest.1 Her story was my mother Sivani Chakravortys
testimony. The question of veridicality / of the evidentiary status of
testimony, sometimes taken for granted in unexamined oral
history / has to be thought of here. Gilles Deleuzes notion of singularity is both
complex and simple. In its simplest form, the singular is not the particular because it is an unrepeatable
difference that is, on the other hand, repeated / not as an example of a universal but as an instance of a
collection of repetitions. Singularity is life as pure immanence, what will be, of this life, as life. As the
name Bhubaneswari Bhaduri became a teaching text, it took on this imperative / repeat as singular /,
as does literature.2 If the thinking of subalternity is taken in the general

sense, its lack of access to mobility may be a version of singularity.

Subalternity cannot be generalised according to hegemonic logic.
That is what makes it subaltern. Yet it is a category and therefore
repeatable. Since the general sense is always mired in narrow senses, any
differentiations between subalternity and the popular must thus concern
itself with singular cases and thus contravene the philosophical purity of Deleuzes thought.3 The
starting point of a singular itinerary of the word subaltern can be Antonio Gramscis Southern Question
rather than his more general discussions of the subaltern. I believe that was the basic starting point of
the South Asian Subaltern Studies collective / Gramsci, a Communist, thinking beyond capital logic in
terms of unequal development. Subsequently, Partha Chatterjee developed a nuanced reading of both
Gramsci and Foucault.4 It is from Some Aspects of the Southern Question, then, that we can move into
Ranajit Guhas On Some Aspects of the Historiography of Colonial India.5 Subaltern in the early Guha
was the name of a space of difference. And the word was indistinguishable from people. Although Guha
seems to be saying that the words people and subaltern are interchangeable, I think this is not a

in their early work, the members of the

Subaltern Studies collective would not quarrel with the notion that
the word subaltern and the idea of the popular do not inhabit a
continuous space. Yet their failure to make this distinction has led to
a certain relaxing of the word subaltern that has undermined its
usefulness. The slide into the popular may be part of this.
Subalternity is a position without identity. It is somewhat like the strict
understanding of class. Class is not a cultural origin, it is a sense of economic collectivity, of social
relations of formation as the basis of action. Gender is not lived sexual difference. It is a sense of the
collective social negotiation of sexual differences as the basis of action. Race is not originary; it
assumes racism. Subalternity is where social lines of mobility, being elsewhere,
do not permit the formation of a recognisable basis of action. The early
subalternists looked at examples where subalternity was brought to crisis, as a basis for militancy was
formed. Even then colonial and nationalist historiography did not
recognise it as such. Could the subaltern speak, then? Could it have its
insurgency recognised by the official historians? Even when, strictly speaking,
they had burst the outlines of subalternity? This last is important. Neither the groups
celebrated by the early subalternists nor Bhubaneswari Bhaduri, in so far as they had
burst their bonds into resistance, were in the position of
subalternity. No one can say I am a subaltern in whatever
substantive point for him. At least

language.

And

subaltern studies will not reduce itself to the

historical recounting of the details of the practice of

disenfranchised groups and remain a study of the subaltern.

3
Plan: The USFG should place its border surveillance
technology and personnel along the Tohono border under
the control of the Tohono nation.
Multiculturalism DA The Affs attempt to wish away the
harms of the political system by removing surveillance at
the Tohono border risks extinction of the Tohono culture
Sarah Singleton January 2009 Associate Professor in the Department of
Political Science at Research institute at Western Washington University
Not our borders: Indigenous people and the struggle to maintain

shared lives and cultures in post-9/11 North America

(http://www.wwu.edu/bpri/files/2009_Jan_WP_No_4.pdf)

Conversely, the multiculturalism model argues that simply protecting

basic legal and political rights is insufficientthat in order to fulfill its
obligation to demonstrate equal concern for all people, government
must provide support for and in some sense endorse the distinct
cultures of minority groups. In what to some people, at least, is its
most persuasive version, the multiculturalist model is linked to
freedom and autonomy. The basic argument is that freedom involves
individuals making choices about the sort of lives they wish to lead,
and that their ability to make meaningful choices presupposes an array
of choices that arise from, and are made intelligible by, the societal
culture within which one identifies (Kymlicka 1995). Thus it is
governments obligation to provide some level of public recognition
and support for minority cultures, and, in some circumstances, to
waive certain legal requirement and/or grant categorical exceptions to
policies that run counter to cultural practices and beliefs. Proponents of
the multiculturalist position argue that failing to undertake such
measures is both wrong (in the sense that it violates the obligations
that governments have toward their citizens); and furthermore would
likely lead to the continuing erasure of distinct minority cultures.
Opponents claim that multiculturalist policies may exacerbate existing
tensions between groups in society while at the same time
misdirecting efforts away from the more important project of greater
economic and social equality between all people (Barry 2001).10

Immigration DA The Tohono border has become a key

sight to illegal immigration
Ned Norris, June 17 2004 Jr. Chairwoman, Tohono O'Odham Nation The
Testimony of Ned Norris, Jr. Chairwoman, Tohono O'Odham Nation
http://www.usborderpatrol.com/Border_Patrol704_X.htm

Again, without the benefit of consulting with US, federal border

security policy was developed focusing on closing down what were
considered to be key points of entry along the U.S. southern border.
This policy was implemented by extensively increasing manpower and
resources at ports of entry and located at popular entry points such as
San Diego (CA), Yuma (AZ), and El Paso (TX). Rather than preventing
illegal immigration into America, this policy created a funnel effect
causing the flow of undocumented immigrants, drug traffickers, and
other illegal activity to shift to other less regulated spots on the border.
Consequently, because of the lack of border security resources and
attention to the Nation, illegal immigration through our Reservation
has become a prime avenue of choice for undocumented immigrants
and drug trafficking activities traveling into the United States. This has
created urgent challenges to protect against possible terrorists coming
through a very vulnerable location on our Reservation. Although the
Nation has neither the sufficient manpower nor the resources to
adequately address this crisis, we continue to be the first line of
defense in protecting America's homeland security interests in this
highly volatile and dangerous region.

Allowing for local autonomy is key to preserving the

Tohono culture
Sarah Singleton January 2009 Associate Professor in the Department of
Political Science at Research institute at Western Washington University
Not our borders: Indigenous people and the struggle to maintain

shared lives and cultures in post-9/11 North America

(http://www.wwu.edu/bpri/files/2009_Jan_WP_No_4.pdf)

Yet it is here that current government policy is most mistaken. As has been demonstrated in locations all

the maintenance of social order and law enforcement

requires adequate fundingeither internally or from higher levels of governmentand
support from the community. Failing to fund tribal law enforcement agencies and train tribal
over the world,

personnel in the implementation of homeland security initiatives and then using inadequate capacity as a
reason to deny tribes own efforts to balance security with cultural needs clearly is a case of blaming the

A more reasonable, equitable and workable approach would first focus on

compensating tribes for damages that have occurred as the unintended
consequences of new border security regimes, and then on making significant
investments in building tribes own capacities to respond to security
threats, cross-border drug trade, etc. Rather than interpreting signs of inefficiency or
inadequacy as a mandate to step in and take over, DHS should reflect on the failures of
such efforts in the past and attempt to engage tribal communities. A
victim.

variety of models are already functioning where responsibility for policy in a particular area is shared
between federal and tribal governments. In fact, both the U.S. Department of Defense and the U.S.
Department of Justice have institutionalized programs that create processes for collaboration and

There is solid evidence to

indicate that heightened responsibility or sovereignty is a necessary
condition of better performance and accountability on Indian
reservations (Cornell and Kalt, undated). The justification for such initiatives does not require an
coordination with tribes. Many states have similar programs.

it would
acknowledge that social identity and indigenous culture are important
to people and worthy of protection by government. In this case, (although
endorsement of the entire package of multiculturalist arguments, although

perhaps not in others) most of what I term culture-sensitive costs could be addressed without changing

Government
agencies could respect local autonomy and benefit from local
knowledge by allowing tribes to devise, by whatever means they
chose, a border security regime that would function in such a way as to
meet national standards. In closing, on behalf of the Tohono O'odham Nation, I appreciate the
underlying assumptions about impartiality and equal treatment under the law.

opportunity to present this statement to the Committee and respectfully request the Committee's
favorable consideration of the Nation's proposed amendment. Proposed Amendment to S. 2295 to
establish a Tohono O'odham Nation pilot border project. Amend Title I to add at the end thereof a new
Section 108: SEC. 108. ESTABLISHING PILOT BORDER PREPAREDNESS PROGRAM ON TRIBAL LANDS-- (a)
PURPOSE. To establish a pilot program to enhance the capability of Tribal governments as first responders
upon Tribal lands on or near the international borders of the United States with effective aerial and ground
surveillance technologies, integrated communications systems and equipment, health and bioterror
monitoring mechanisms, and personnel training, and facilitate the coordination by Tribal governments of
their responses with those of federal, state, and local governments to threats and hazards to the defense
and security of the United States. (b) INITIAL PILOT PROGRAM TO PROVIDE BORDER PREPAREDNESS
ASSISTANCE. The Secretary shall establish a pilot program to provide assistance to the Tohono O'odham
Nation, a federally recognized Indian Tribal government, that will enhance the capability of this
economically distressed Tribe carry out on a demonstration basis the purposes described in subsection (a)
and to assist in the effective enforcement of Federal, State and Tribal law against all national security
hazards arising from the Tribe's proximity to the international border with Mexico. (c) EXPANDED PILOT
PROGRAM TO PROVIDE BORDER PREPAREDNESS ASSISTANCE.Upon transmission of the report required in
subsection (i), the Secretary shall establish an expanded pilot program to add up to 4 federally recognized
Indian Tribal governments, in addition to the Tohono O'odham Nation, to assist in the effective enforcement
of Federal, State and Tribal law against all national security hazards arising from their proximity to the
international borders of the United States. (d) ADMINISTRATION OF ASSISTANCE. For each of fiscal years
2005, 2006 and 2007, the Secretary shall provide funds and other assistance to the Tribal governments
under this section pursuant to flexible grant or contract authorities consistent with the Indian SelfDetermination and Education Assistance Act, as amended (25 U.S.C. 450b et seq.), and the Tribal
governments shall administer this assistance only in accordance with the requirements of that Act. (e)
USES OF ASSISTANCE. Assistance provided to Tribal governments under this section shall be used
consistent with the purposes of subsection (a) and in a manner that develops prototype inter-governmental
agreements with Federal, Tribal, State, regional and local governments on strategies designed to
coordinate and enhance efforts to defend against hazards to the security of the United States. (f)
AUTHORIZATION OF FUNDS. For each fiscal year, in providing assistance under subsection (b), the
Secretary shall make directly available to the Tohono O'odham Nation such sums as may be necessary to
demonstrate the potential worth of such a pilot program. For each fiscal year, in providing assistance
under subsection (c), the Secretary shall make directly available to the Tribal governments such sums as
may be necessary to carry out the purposes of (a). (g) REPORTING REQUIREMENTS. Not later than 1 year
and 30 days after implementing the pilot program under subsection (b), the Tohono O'odham Nation shall
submit a report to the Secretary of Homeland Security which sets out the accomplishments achieved and
obstacles encountered. (h) REPORT TO CONGRESS. Not later than 1 year and 90 days after implementing
the pilot program under subsection (b), the Secretary of Homeland Security shall submit to the Senate
Committees on Indian Affairs and on Commerce, Science, and Transportation, and to the House
Committees on Science, on Homeland Security, and on Resources,a report describing the implementation
of the pilot tribal lands program and any recommendations for improving and expanding the pilot program
to other Tribal governments. http://www.usborderpatrol.com/Border_Patrol704_X.htm Again, without the

federal border security policy was developed

focusing on closing down what were considered to be key points of
entry along the U.S. southern border. This policy was implemented by extensively
benefit of consulting with us,

increasing manpower and resources at ports of entry and located at popular entry points such as San
Diego (CA), Yuma (AZ), and El Paso (TX). Rather than preventing illegal into America, this policy created a
funnel effect causing the flow of undocumented immigrants, drug traffickers, and other illegal activity to

because of the lack of

border security resources and attention to the Nation, illegal
immigration through our Reservation has become a prime avenue of
choice for undocumented immigrants and drug trafficking activities
traveling into the United States. This has created urgent challenges to
shift to other less regulated spots on the border. Consequently,

protect against possible terrorists coming through a very vulnerable

location on our Reservation. Although the Nation has neither the sufficient manpower nor
the resources to adequately address this crisis, we continue to be the first line of defense in protecting
America's homeland security interests in this highly volatile and dangerous region

The Tohono Oodham Nation (pronounced TOHN-oh

is a sovereign government and federally recognized Indian

http://www.usborderpatrol.com/Border_
AUTH-um)

nation that claims 25,000 members. Their reservation established in 1917 is the second largest in
the U.S. and spans 2.8 million acres, about the size of Connecticut. The southern boundary includes 75
miles of the U.S.-Mexico international border. Estimates vary on how many Tohono Oodham live in
Mexico, and the tribal government refused to comment on the topic. The Tohono Oodham Community
College website states that about 1,800 enrolled Tohono Oodham reside in Mexico. According to the 2000
national census and subsequent report by Mexicos National Commission for the Development of
Indigenous Peoples, 363 Oodham were living in Sonora, Mexico. However, that tally included only families
in which someone in the household spoke the Oodham language, iok, which has been almost entirely

When the Tohono Oodham reservation was created,

said Velz-Ibez, it was a distinctive land base that Oodham had
control over even though it was held in trust by the U.S. government.
In Mexico that didnt happen at all. In Mexico they were at the mercy of
the Mexican government, he said. Oodham in Mexico had no special rights or recognition,
replaced by Spanish.

and throughout the 20th century Mexican ranchers encroached on their land. (It wasnt until after the
Zapatista movement sprang out of the forests in Chiapas in 1996 that Mexicos federal government
officially recognized parcels of indigenous lands.) Velz-Ibez said the special relationship between the
U.S. and native people beginning early on provided Oodham in the U.S. opportunities for education,
economic development, housing subsidies, work and training programs and health care not available
to Oodham in Mexico. The Indian health service is not a Cadillac program, he explained, but its still
much better than what Oodham in Mexico had. When the border fence was erected to this day just
concrete vehicle barriers connected by chicken wire it didnt stop Oodham from crossing between the
countries. The border meant not a thing to me, said Henry Jose, a Navy veteran whose story was
included in It Is Not Our Fault, a collection of testimonies from Oodham on both sides of the border used
to make a case to Congress for citizenship for all Oodham. (The book was published in 2001, shortly
before 9/11 changed the immigration debate drastically.) The

border is between the white

people and the Mexicans but not us Oodham. These are Indian lands, Oodham
lands. We used to go back and forth freely, confirmed Jose Garcia, lieutenant governor of the Sonoran
Oodham who serves as a liaison between their traditional leaders and the Tohono Oodham Nation. These
days Garcia, 72, splits his time between Arizona, where he owns La Indita restaurant in downtown Tucson,
and Magdalena de Kino in Sonora, Mexico, where he advocates for the Mexican Oodham. Garcias
grandparents were born on the U.S. side and migrated to Mexico. So I look at Sonora and I look at the
Nation as one for me, Garcia said. However, especially after the terrorist attacks of Sept. 11, 2001,
Customs and Border Protection and the Department of Homeland Security it operates under saw it
much differently. "Agents

across a number of Homeland Security, Justice and Defense

agencies have all been placed on alert and instructed to aggressively work all
possible leads and sources concerning this imminent terrorist threat, " Judicial

Watch stated on its website. The Texas law enforcement bulletin cites suspected fighters from the
terrorist group previously known as ISIS and based in Syria and Iraq as eyeing a border crossing. The
identities of persons operating these accounts cannot be independently verified; however the accounts
were selected for monitoring based on several indications that they have been used by actual ISIS
militants for propaganda purposes and collectively reach tens of thousands of followers, states the
bulletin. One account was verified as belonging to an individual located in Mosul, Iraq. Some 32 Twitter
and Facebook posts monitored by law enforcement over one recent week reflected interest in the southern
border, according to the bulletin. The messages, which were forwarded thousands of times, included calls
for jihadists to cross over from Mexico to carry out attacks and even alluded to a recent video by U.S.
activist James OKeefe, who was recorded coming across the Rio Grande valley in an Usama bin Laden
costume. The bulletin details numerous calls for border infiltration on social media, including one from a
militant confirmed to be in Mosul, Iraq who explicitly beckons the Islamic

State to send a
special force to America across the border with Mexico. This Twitter account holder,
who is the administrator of an ISIS propaganda trading group, stated that the time was right for such an
action because the US-Mexican border is now open large numbers of people crossing, the bulletin said.
Another message sent out via Twitter suggested that Islamic State fighters have already entered the U.S.
via the border, warning that, as a result, Americans in for ruin (sic). The Texas DPS bulletin comes on
the heels of a federal Department of Homeland Security and Department of Justice Joint Intelligence
bulletin dated August 22, a copy of which was also obtained by FoxNews.com.That bulletin, entitled

Online Reaction but No Known Credible Homeland Threats from ISIL and Its Supporters Following US Air
Strikes,addresses potential threats to the Homeland in response to recent US air strikes on the Islamic

This
bulletin notes that while the FBI and DHS are unaware of specific credible
threats against the U.S. from homegrown violent extremists, ISIL or other
violent extremist groups overseas we continue to assess that violent extremists who support
State of Iraq and the Levant (ISIL) targets in Iraq and the murder of journalist James Foley.

ISIL have demonstrated the capability to attempt attacks on US targets overseas with little-to-no
warning. The report also says that because of the individualized nature of the radicalization processit
is difficult to predict triggers that will contribute to [homegrown violent extremists] attempting acts of
violencelone offenders present law enforcement with limited opportunities to detect and disrupt plots,
which frequently involve simple plotting against targets of opportunity. This Twitter account holder, who
is the administrator of an ISIS propaganda trading group, stated that the time was right for such an action
because the US-Mexican border is now open large numbers of people crossing, the bulletin said.
Another message sent out via Twitter suggested that Islamic State fighters have already entered the U.S.
via the border, warning that, as a result, Americans in for ruin (sic). The Texas DPS bulletin comes on
the heels of a federal Department of Homeland Security and Department of Justice Joint Intelligence
bulletin dated August 22, a copy of which was also obtained by FoxNews.com.That bulletin, entitled
Online Reaction but No Known Credible Homeland Threats from ISIL and Its Supporters Following US Air
Strikes,addresses potential threats to the Homeland in response to recent US air strikes on the Islamic
State of Iraq and the Levant (ISIL) targets in Iraq and the murder of journalist James Foley. This bulletin
notes that while the FBI and DHS are unaware of specific credible threats against the U.S. from homegrown
violent extremists, ISIL or other violent extremist groups overseas we continue to assess that violent
extremists who support ISIL have demonstrated the capability to attempt attacks on US targets overseas
with little-to-no warning. The report also says that because of the individualized nature of the
radicalization processit is difficult to predict triggers that will contribute to [homegrown violent
extremists] attempting acts of violencelone offenders present law enforcement with limited opportunities
to detect and disrupt plots, which frequently involve simple plotting against targets of opportunity.

4
The United States federal government should extend
section 289 of the Immigration and Nationality Act to all
members of and residents in the Tohono Oodham Nation.
This right is explicitly granted to other Native groups at
the US-Mexico border and denied to the Tohono Oodham
Nickels 1 (Bryan Nickels is a Notes & Comments Editor for the Boston
College International and Comparative Law Review, NATIVE AMERICAN FREE
PASSAGE RIGHTS UNDER THE 1794 JAY TREATY: SURVIVAL UNDER UNITED
STATES STATUTORY LAW AND CANADIAN COMMON LAW, Boston College,
2001,
http://www.bc.edu/content/dam/files/schools/law/lawreviews/journals/bciclr/24
_2/04_TXT.htm) //RL
In at least one instance, there has been a Congressional indication of
intent not only to extend wardship over other Indians within U.S.
borders, but also to extend the right of free movement to a group
that traditionally did not inhabit the lands now bifurcated by the
U.S.-Mexico border.172 Expansion of the liberal aboriginal right
concept to free movement is demonstrated by Congress treatment
of the Texas Band of Kickapoo Indians; this group was divided by the
U.S.-Mexican border, creating essentially a rightless, landless
tribe.173 Although granted a year-to-year parole status by Congress
in the 1950s,174 living conditions of the tribe decreased so
dramatically that Congress ultimately intervened to offer health and
educational assistance in conjunction with the Mexican government.175 Most
importantly, Congress extended the benefits of Section 289 to the
band: [n]otwithstanding the Immigration and Nationality Act, all
members of the Band shall be entitled to freely pass and repass the
borders of the United States and to live and work in the United
States.176 Like [*PG335]the C.F.R. relating to Canadian Indians, this
language awards the band the statutory presumption of lawful permanent
resident (LPR) status.177 While the Texas Kickapoo are granted free
passage rights, members of the Tohono Oodham tribe in Arizona
are subject to the same admission and deportation requirements as
Mexican nationals simply for travel across their own traditional
lands. 178 Complete discussion of free passage rights for native groups
situated on the U.S.-Mexican border is beyond the scope of this Note.
However, two excellent articles have been written on the subject, one from
an aboriginal rights perspective,179 the other from a human rights
perspective.180

CP solves culture their 1AC author specifies border

crossing legislation as the key internal link
1AC Austin 91(Megan, Fall 1991, A CULTURE DIVIDED BY THE UNITED
STATES-MEXICO BORDER: THE TOHONO O'ODHAM CLAIM FOR BORDER
CROSSING RIGHTS, Arizona Journal of International and Comparative Law
[Vol. 8, No. 2], Accessed 7/14/15) CH
The Tohono O'odham Tribe suffers fundamental human rights
violations under current policies governing the international border
between the United States and Mexico. The survival of this indigenous culture
depends upon its ability to pass through traditional lands freely, to collect raw materials for traditional
foods and crafts and to visit religious sites and family members .

Current policies and laws

of the United States deny the Tohono O'odham these rights. Border
crossing legislation will help to eliminate these abuses. However, in order to
be effective, the legislation must allow the Tohono O'odham people to participate in decisions regarding

The goal of the Tohono O'odham Tribe is to protect

its culture and assure its continued existence. Approaching the Tohono O'odham
regulation of the border.

claim for border crossing rights as a claim for basic human rights places indigenous groups within the

The new movements of intemational law focus

on the unique claims of indigenous groups, which amount not to
secession, but to a level of autonomy which permits the survival of
their cultures. Guided by these fundamental international principles,
the United States and neighboring nations must recognize the right
of the Tohono O'odham to keep their culture alive.
scope of international principles.

Extremists and right-wing conservatives will backlash

against the plan
Jenkins 2/10 (Jack, Senior Religion Reporter for ThinkProgress, What Its
Really Like To Cross The U.S.-Mexico Border, ThinkProgress, February 10 th,
2015, http://thinkprogress.org/immigration/2015/02/10/3617896/dehydrationscorpions-vigilantes-really-like-cross-border/) //RL
Even if a traveler is fortunate enough to beat the elements and
escape natures wrath, there is still another, far more dangerous
threat to evade: other humans.
Pausing for a moment during our walk across the Jacumba, Morones stooped
to pick up an empty, broken water jug.
Morones points out a gash in a water jug, possibly sliced open by antiimmigration activists.CREDIT: JACK JENKINS/THINKPROGRESSMorones points
out a gash in a water jug, possibly sliced open by anti-immigration activists.
These holes are from an animal, probably a coyote, he said, holding up the
jug and pointing to various tooth-sized punctures near the lid. He then drew
his finger across a long, slender gash that stretched along the middle of the
jug. But this might be from something else a knife. We find empty
water bottles out here with gashes like this Minutemen will come
and slice them open.
He added that people will sometimes write chilling messages on
busted jugs, such as kill these people.
The so-called Minutemen, originally formed in 2005, are a loose
collection of armed anti-immigration activists who see migrants as a

threat to American society and regularly patrol the border looking to

intercept crossers. Led by political activist James Jim Gilchrist and
named after the Minutemen of the American Revolution, the groups
website says it is dedicated to protecting the border by running
volunteer scout patrols and offering assistance to Border Patrol
agents.
Although members of Minutemen groups have not yet been found
guilty of committing violence against border crossers, their
vehement anti-immigrant stance has caused clashes with
immigrants and Hispanics living in the United States . In 2011,
Shawna Forde, founder of Minutemen American Defense, was found
guilty of breaking into the home of 29-year-old Raul Flores and
murdering him and his 9-year-old daughter. Forde, who was given
the death penalty, explained that she had planned to rob Flores to
fund her militia group. She justified the act by saying that she
thought Flores who, like his daughter and wife, held American
citizenship was a drug dealer.
Minutemen activities have lulled over the years, but Gilchrist recently tried
to rally thousands of vigilantes to capture the droves of Latin
American children who came across the border this past year a
radical move that came with the blessing of some Texas state
lawmaker s. The Minutemen Project has since announced plans for its
largest effort to date, a robust gathering of gun-toting anti-immigrant
activists codenamed Operation Normandy scheduled for May 1, 2015 the
anniversary of the famous American invasion of France during World War II.
Organizers plan to assemble thousands of armed individuals and militias
along the border, where they will encourage participants to make their
stand against any immigrants they see cross.
The Jacumba desert
The Jacumba desert.
But while the Minutemen are currently more of an existential threat
to migrants their alleged sabotage of water supplies, if true,
constitute an indirect attack on the livelihood of migrants people
crossing the border do face real violence at the hands of those who
live along the wall. Ranchers often encounter immigrants crossing
their land, for example, and some have been known to respond to
trespassers with deadly force. In 2009, one rancher reportedly held
11 immigrants at gunpoint and threatened to set his dog loose on
them, and another shot 2 men on his property in 2011 because he
thought they were border crossers. Some ranchers have even organized
teams of people to hunt for immigrants, although most insist their intention is
only to stop them and alert Border Patrol, not hurt people.

5
The affs criticism of state surveillance reproduces
neoliberal social relations privacy protection is
undergirded by the assumption of economic individualism
that papers over the coercive functions of the market
and prevents use of the state to challenge corporate
power
Fuchs 11
Christian Fuchs 11, Professor of Social Media at University of Westminster,
Towards an alternative concept of privacy, Journal of Information,
Communication and Ethics in Society, Vol. 9, Iss. 4, p. 232-3, fwang
Etzioni (1999) stresses that liberal privacy concepts typically focus on privacy
invasions by the state, but ignore privacy invasions by companies .
The contemporary undermining of public goods by overstressing
privacy rights would not be caused by the state, but rather stem :
[...] from the quest for profit by some private companies. Indeed, I find that
these corporations now regularly amass detailed accounts about many
aspects of the personal lives of millions of individuals , profiles of the kind that until
just a few years ago could be compiled only by the likes of the East German Stasi. [...] Consumers,
employees, even patients and children have little protection from
marketeers, insurance companies, bankers, and corporate
surveillance (Etzioni, 1999, p. 9f).
The task of a socialist privacy conception is to go beyond the focus

of privacy concepts as protection from state interference into

private spheres, but to identify those cases, where political regulation
is needed for the protection of the rights of consumers and workers .
It is time to break with the liberal tradition in privacy studies and to think about alternatives .
The Swedish socialist philosopher Torbjorn Tnnsjo (2010) stresses that liberal privacy
concepts imply that one cannot only own self and personal things,
but also means of production and that the consequence is a very
closed society , clogged because of the idea of business secret, bank
privacy, etc. (Tnnsjo, 2010, p. 186). Tnnsjo argues that power structures should
be made transparent and not be able to hide themselves and
operate secretly protected by privacy rights. He imagines based on utopian
socialist ideas an open society that is democratic and fosters equality so that (Tnnsjo, 2010, pp. 191-8) in
a democratic socialist society, there is, as Tnnsjo indicates, no need for keeping power structures secret
and therefore no need for a liberal concept of privacy. However, this does in my view not mean that in a

There are some

human acts and situations, such as defecation (Moore, 1984), in which humans
tend to want to be alone. Many humans would both in a capitalist and a socialist society feel
society that is shaped by participatory democracy, all forms of privacy vanish.

embarrassed having to defecate next to others, for example by using toilets that are arranged next to each

solitude is not a pure ideology, but to a

certain desire also a human need that should be guaranteed as long
as it does not result in power structures that harm others . This means
other without separating walls. So

that it is necessary to

question the liberal-capitalist privacy ideology , to

struggle today for socialist privacy that protects workers and

consumers, limits the right and possibility of keeping power
structures secret and makes these structures transparent. In a
qualitatively different society, we require a qualitatively different concept of privacy, but not the end of

it is necessary not to idealize

privacy, but to think about its contradictions and its relation to private
property
privacy. Torbjrn Tnnsjos work is a powerful reminder that

The impact is extinction neoliberal social organization

ensures extinction from resource wars, climate change,
and structural violence only accelerating beyond
neoliberalism can resolve its impacts
Williams & Srnicek 13

(Alex, PhD student at the University of East London, presently at work on a

thesis entitled 'Hegemony and Complexity', Nick, PhD candidate in
International Relations at the London School of Economics, Co-authors of the
forthcoming Folk Politics, 14 May 2013,
http://criticallegalthinking.com/2013/05/14/accelerate-manifesto-for-anaccelerationist-politics/)
At the beginning of the second decade of the Twenty-First Century, global civilization faces a
new breed of cataclysm. These coming apocalypses ridicule the norms and organisational
structures of the politics which were forged in the birth of the nation-state, the rise of capitalism, and a

Most significant is the breakdown of

the planetary climatic system. In time, this threatens the continued
existence of the present global human population. Though this is the most critical of the
threats which face humanity, a series of lesser but potentially equally destabilising
problems exist alongside and intersect with it. Terminal resource depletion,
especially in water and energy reserves, offers the prospect of mass
starvation, collapsing economic paradigms, and new hot and cold
wars. Continued financial crisis has led governments to embrace the
paralyzing death spiral policies of austerity , privatisation of social
welfare services, mass unemployment, and stagnating wages.
Increasing automation in production processes including intellectual labour is
evidence of the secular crisis of capitalism, soon to render it
incapable of maintaining current standards of living for even the former
middle classes of the global north. 3. In contrast to these ever-accelerating catastrophes, todays
Twentieth Century of unprecedented wars. 2.

politics is beset by an inability to generate the

new ideas and

modes of

organisation necessary to transform our societies to confront

and

coming annihilations . While crisis gathers force and speed, politics withers and
retreats. In this paralysis of the political imaginary, the future has been cancelled. 4. Since 1979, the
hegemonic global political ideology has been neoliberalism , found in some
resolve the

variant throughout the leading economic powers. In spite of the deep structural challenges the new global

since 20078,
neoliberal programmes have only evolved in the sense of deepening. This
continuation of the neoliberal project, or neoliberalism 2.0, has begun to apply
another round of structural adjustments, most significantly in the form of encourproblems present to it, most immediately the credit, financial, and fiscal crises

aging new and aggressive incursions by the private sector into what remains of social democratic institutions and services.

This is in spite of the immediately negative economic and social

effects of such policies, and the longer term fundamental barriers posed by the new global
crises.

The alternative articulates a counter-conduct voting

neg pushes towards a cooperative conduct that organizes
individuals around a collectively shared commons
affirming this conduct creates a new heuristic that decouples government from the demand for competition and
production
Dardot & Laval 13
(Pierre Dardot, philosopher and specialist in Hegel and Marx, Christian Laval,
professor of sociology at the Universite Paris Ouest Nanterre La Defense, The
New Way of the World: On Neoliberal Society, pgs. 318-321)
This indicates to what extent we must take on board in our own way the main
lesson of neo-liberalism: the subject is always to be constructed . The
whole question is then how to articulate subjectivation with
resistance to power. Now, precisely this issue is at the heart of all of Foucaults thought. However, as Jeffrey T. Nealon

has recently shown, part of the North American secondary literature has, on the contrary, stressed the alleged break between Foucaults
research on power and that of his last period on the history of subjectivity.55 According to the Foucault consensus, as Nealon aptly dubs it,
the successive impasses of the initial neo-structuralism, and then of the totalizing analysis of panoptical power, led the last Foucault to set
aside the issue of power and concern himself exclusively with the aesthetic invention of a style of existence bereft of any political dimension.
Furthermore, if we follow this de-politicizing reading of Foucault, the aestheticization of ethics anticipated the neo-liberal mutation precisely by
making self-invention a new norm. In reality, far from being oblivious of one another, the issues of power and the subject were always closely
articulated, even in the last work on modes of subjectivation. If one concept played a decisive role in this respect, it was counter-conduct, as
developed in the lecture of 1 March 1978.56 This lecture was largely focused on the crisis of the pastorate. It involved identifying the

forms of resistance of conduct that are the correlate of

the pastoral mode of power. If such forms of resistance are said to be of
conduct, it is because they are forms of resistance to power as conduct and,
as such, are themselves forms of conduct opposed to this powerspecificity of the revolts or

conduct . The term conduct in fact admits of two meanings: an

activity that consists in conducting others, or conduction ; and the
way one conducts oneself under the influence of this activity of
conduction.57 The idea of counter-conduct therefore has the
advantage of directly signifying a struggle against the procedures
implemented for conducting others, unlike the term misconduct,
which only refers to the passive sense of the word.58 Through
counter-conduct, people seek both to escape conduction by others
and to define a way of conducting themselves towards others . What
relevance might this observation have for a reflection on resistance to
neo-liberal governmentality? It will be said that the concept is introduced
in the context of an analysis of the pastorate, not government.
Governmentality, at least in its specifically neo-liberal form, precisely
makes conducting others through their conduct towards themselves
its real goal. The peculiarity of this conduct towards oneself, conducting
oneself as a personal enterprise, is that it immediately and directly
induces a certain conduct towards others: competition with others ,
regarded as so many personal enterprises. Consequently, counter-conduct as a form of resistance to this governmentality must correspond to
a conduct that is indivisibly a conduct towards oneself and a conduct towards others. One cannot struggle against such an indirect mode of
conduction by appealing for rebellion against an authority that supposedly operates through compulsion external to individuals. If politics is
nothing more and nothing less than that which is born with resistance to governmentality, the first revolt, the first confrontation,59 it means
that ethics and politics are absolutely inseparable. To the subjectivation-subjection represented by ultra-subjectivation, we must oppose a
subjectivation by forms of counter-conduct.

To neo-liberal governmentality as a specific

way of conducting the conduct of others, we must therefore oppose a

no less specific double refusal: a refusal to conduct oneself towards
oneself as a personal enterprise and a refusal to conduct oneself
towards others in accordance with the norm of competition . As such,
the double refusal is not passive disobedience.60 For, if it is true that the
personal enterprises relationship to the self immediately and
directly determines a certain kind of relationship to others
generalized competition conversely, the refusal to function as a
personal enterprise, which is self-distance and a refusal to line up in
the race for performance, can only practically occur on condition of
establishing cooperative relations with others , sharing and pooling .
In fact, where would be the sense in a self-distance severed from any
cooperative practice? At worst, a cynicism tinged with contempt for those who are dupes. At best, simulation or double
dealing, possibly dictated by a wholly justified concern for self-preservation, but ultimately exhausting for the subject. Certainly not a counter-

such a game could lead the subject, for want of

anything better, to take refuge in a compensatory identity , which at
least has the advantage of some stability by contrast with the imperative of
indefinite self-transcendence. Far from threatening the neo-liberal
order, fixation with identity , whatever its nature, looks like a fall-back
conduct. All the more so in that

position for subjects weary of themselves, for all those who have
abandoned the race or been excluded from it from the outset. Worse, it
recreates the logic of competition at the level of relations between
little communities. Far from being valuable in itself, independently of
any articulation with politics, individual subjectivation is bound up at its
very core with collective subjectivation. In this sense, sheer
aestheticization of ethics is a pure and simple abandonment of a genuinely
ethical attitude. The invention of new forms of existence can only be a
collective act , attributable to the multiplication and intensification of
cooperative counter-conduct .

A collective refusal to work more, if only local, is a good example of an

attitude that can pave the way for such forms of counter-conduct. In effect, it breaks what Andr Gorz quite rightly called the structural
complicity that binds the worker to capital, in as much as earning money, ever more money, is the decisive goal for both. It makes an initial

The genealogy of neoliberalism attempted in this book teaches us that the new global
rationality is in no wise an inevitable fate shackling humanity. Unlike
Hegelian Reason, it is not the reason of human history. It is itself wholly
breach in the immanent constraint of the ever more, ever more rapidly.61

historical that is, relative to strictly singular conditions that cannot

legitimately be regarded as untranscendable. The main thing is to understand that nothing
can release us from the task of promoting a different rationality. That is why the belief that the financial crisis by itself sounds the death-knell
of neo-liberal capitalism is the worst of beliefs. It is possibly a source of pleasure to those who think they are witnessing reality running ahead
of their desires, without them having to move their little finger. It certainly comforts those for whom it is an opportunity to celebrate their own
past clairvoyance. At bottom, it is the least acceptable form of intellectual and political abdication. Neo-liberalism is not falling like a ripe
fruit on account of its internal contradictions; and traders will not be its undreamed-of gravediggers despite themselves. Marx had already

There are only human beings who act in

given conditions and seek through their action to open up a future
made the point powerfully: History does nothing.62

for themselves . It is up to us to enable a new sense of possibility to

blaze a trail. The government of human beings can be aligned with
horizons other than those of maximizing performance, unlimited
production and generalized control. It can sustain itself with self-

government that opens onto different relations with others than

that of competition between self-enterprising actors . The practices
of communization of knowledge, mutual aid and cooperative work
can delineate the features of a different world reason. Such an
alternative reason cannot be better designated than by the term
reason of the commons .

Case
Tons of alt causes other things border patrol does that
they cant resolve THIS IS THEIR EVIDENCE
CBP, no date (United States Customs and Border Protection, n.d. Border

Patrol Overview: Mission, http://www.cbp.gov/border-security/along-usborders/overview. Accessed 27 July 2015.)TB

The primary mission of the Border Patrol is to protect our Nation by reducing
the likelihood that dangerous people and capabilities enter the United States
between the ports of entry. This is accomplished by maintaining surveillance,
following up leads, responding to electronic sensor alarms and
aircraft sightings, and interpreting and following tracks. Some of
the major activities include maintaining traffic checkpoints along
highways leading from border areas, conducting city patrol and
transportation check, and anti-smuggling investigations .

Their Rivas evidence says THE PRESENCE OF BORDER

PATROL causes the violence
THEY CANT SOLVE THE VIOLENCE PEOPLE FACE ONCE
THEYRE IN THE COUNTRY
Jimenez 08
Cristina Jimenez, co-founder and Managing Director of the United We Dream
Network, Exploited: The Plot of the Undocumented Worker, ALTERNET,
http://www.alternet.org/story/94703/exploited
%3A_the_plight_of_the_undocumented_worker, 08/11/08//SRawal
We all know that undocumented workers are vulnerable to abuse and
exploitation, but under this administration, the abuses and violations of human,
labor and civil rights have become obscenely worse. A recent clear example:
Iowa's meatpacking plant raid. Much has been written about the unjust and abusive meansused by the Justice Department
and Homeland Security to deport these workers and their families. But a recent finding reported by the New York Times is

Agriprocessors, the raided meatpacking plant, hired

undocumented immigrants as young as 13. Among the 389 detained,
more than 20 workers were found to be under-age. But this is not all. The
young immigrants declared that they were exploited, mistreated,
beaten, and abused. Some of them worked 17 hours a day, six days a
week. And if you think they were making some money by getting paid overtime, you are wrong. Overtime
was rarely paid. As soon as they come to the United States, undocumented workers start desperately seeking
even more upsetting-

for job opportunities to sustain and provide a better life for their families-the very reason for migrating. And of course,

employers are more than happy to take advantage of the availability

of this vulnerable and desperate pool of workers. Conveniently, employers
create low-quality jobs that immigrants are forced to take because
their immigration status prevents them from getting or demanding
good jobs. While working, undocumented workers endure unfair treatment
and wages because they fear being fired or reported to immigration .
The existence of this under class of workers affects working class Americans more than we think. Undocumented workers'

lack of rights and vulnerable situation in the workplace enables

employers to drag down labor standards, leaving fewer decent jobs

available and forcing all workers regardless of citizenship or

immigration status to either accept the same low quality conditions
and wages or be excluded from labor sectors that mainly hire
undocumented workers. This labor dynamic is evident at Agriprocessors, the nation's largest kosher
plant.