On the other hand, the Department in itself was projected to deal with a large number of aspects surrounding homeland security. The arguments supporting the idea were focused on the principle that the citizens must be protected from foreign threats, such as terrorism, and they must be given the help needed to face the treacheries of nature. In aiming to accomplish the latter, the Federal Emergency Management Directorate was established. Even if it somewhat enables smoother and more effective assistance in case of natural disasters, it merely coordinates the efforts and it does not replace the actions taken at local or state level. Therefore, the decisions taken in crisis situations must pass yet another test and must receive approval from yet another decision making body before action is taken in the areas affected by floods or other natural catastrophes. A similar fact can be presented even in the case of the DHS as a whole.
Ashton Carter points out that, aside from creating a single agency with new independent structures, that would not rely on other governmental support, the DHS has little other merits. Even more, its existence, according to Carter, is slowing down the decision making process, as "the problem of interagency coordination would not be eliminated but only complicated by the introduction of this new agency. Aggregating functions such as customs, immigration, border patrol, and coast guard into the new agency might be efficient, but it can hardly be said that this entity should have the lead in homeland defense or that its creation eliminates the inherently interagency nature of responding to catastrophic terrorism." (Carter, n.d.) Therefore, the department, it can be argued, has had limited success in delivering on its promises from the Strategic Plan.
Most importantly however, the DHS, and especially FEMA, are faced with a lack of autonomous resources that could be dispatched without endangering the services in other sectors. In the case of an attack with WMD that would inevitably result in mass casualties, seeing that there are scarce medical resources, these would have to be sent in different locations that would need their intervention.
In such instances, there are several questions arising. On the one hand, there is the matter of assessing the level of gravity in each situation and of giving priority to only the truly serious ones, leaving others without any help. On the other hand, even in the eventuality of insuring discriminatory assistance to those in need, there would not be enough resources. Joseph, Macintyre and DeAtley argue that indeed the medical system is somewhat flawed and that "incorrect assumptions are being made about existing medical capabilities to treat mass casualties. In reality, hospital surge capacity and specialized medical capability across the United States has never been more restricted. While the public and the political communities assume that the healthcare systems are adequately preparing for terrorism incidents that would generate catastrophic casualty loads, the medical community is struggling just to maintain its everyday capacity." (Joseph, Macintyre & DeAtley, 2001) Thus, even if there are the specifications that would allow the deployment of rescue personnel in different emergencies, the reality on the ground cannot cover those necessities. Given these fact, any legal procedures demanding for these resources have little relevance for the resolution of the emergencies.
One of the most important factors that determined the creation of the DHS was the eventuality of new terrorist attacks, similar to those of 2001. Consequently, the Homeland Security Act focuses expressly on the issue of protecting the land and its citizens from any possible threats. Aside from these declarative ideas, measure have been taken to insure that stricter rules at the borders are respected, immigration laws were drastically adjusted, while overall control of citizens and businesses has increased. All these measures however, tend to enter in conflict with some of the core values of the American democracy, which have inspired along the years the democratic constitutions of numerous countries. Firstly, the measures taken in order to secure the borders, both those on land and at sea, tend to infringe the freedom of movement, or at least slow it down. Secondly, in relation to immigrants, stricter control would, on the one hand, prevent illegal immigrants from entering the country, but, on the other hand, cause distress and discomfort for those foreign travelers subject to scrutiny by immigration officers. This is obvious in their behavior especially taking into consideration that even the employees...
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