508_How Homeland Security Counterterrorism Measures Invade Privacy, Civil Rights, And Civil Libertie
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American Public University *
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508
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Political Science
Date
Jan 9, 2024
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docx
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13
Uploaded by dawnofthedawgs
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How Homeland Security Counterterrorism Measures Invade Privacy, Civil Rights, And Civil
Liberties.
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Introduction
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The United States experiences an increasingly intricate and developing, menace of terrorism and target violence. Sixteen years ago, when the U.S. Department of Homeland Security was founding, foreign terrorist institutions remain committed to striking the homeland, through either directed attacks or by inspiring susceptible people in the U.S. presently. However, the country also experiences an evolving threat from domestic actors fostered by the violent, fanatical thoughts and those whose outbreaks are not ideologically driven. Domestic threat actors regularly plan and operate out their actions of violence alone and with a slight apparent warning, in a manner that constrains the effectiveness of old-style law enforcement disruption and investigation methods (
McAleenan, 2019). The developing challenges need to be confronted through the creation of an existing best approaches built against foreign terrorist intimidations, acknowledging promising novel approaches, and creating a strategic vision that offers a more holistic strategy in the prevention of terrorism and targeted violence in the United States.
For almost 16 years, the United States Department of Homeland Security has worked tirelessly to safeguard people’s liberties and the aptitude of equal conduct under the law. In the face of exceptional encounters to people’s rights and basic constitutional norms that have occurred during Trump Administration, and domestic violence arising from time to time, there is need to review the privacy, civil rights and civil liberties significant in putting a stopper on domestic violence in the U.S. The Trump management’s actions have uncovered long-standing limits on the CRCL’s potential to meaningfully realize its mission amidst the face of political leaders who progressively aim to interrupt the United States Constitution (
McAleenan, 2019)
. The CRCL's precincts become copiously vibrant within the first week of 2017, with prejudiced travel ban adopted for millions of Muslims. A similar incident occurred in 2018, characterized by a disgraceful and resolute division of kids from their parents along the southern
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border. With nearly 16 years in operation, it is high time for the national security to respect privacy, civil rights and civil liberties in effectively fighting the domestic terrorism in the U.S. Research Questions
The research paper seeks to answer the following study questions;
What are practical measures that can be adopted to avoid terrorism while respecting privacy, civil rights and civil liberties of the citizens ignites States?
What are the impacts of surveillance and counterterrorism legislation on privacy, civil rights, and civil liberties?
In what occasion should the Homeland security counterarguments be allowed to invade citizens’ privacy, civil rights, or liberty?
Literature Review Impacts of Counterterrorism Measures on Civil Liberties
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Homeland security counterterrorism strategies threaten people's civil liberties. In their study, Lutz and Ulmschneider (2019) examined the influence of U.S courts and national security on citizen's civil liberties during terrorism. The authors conclude that counterterrorism strategies implemented by homeland security and other agencies threaten people's civil liberty for the sake of security. Additionally, Lutz and Ulmschneider (2019) indicate that the lack of alternative sources of information, the established plenary powers, and the U.S courts' deference jeopardize people's civil liberties in the U.S. The authors add that the above-mentioned factors also limit the
citizen and legal resident's ability to speak or act to support peoples or organizations experiencing repression. The limitation of an individual's liberties exposes non-citizens to deportation risk in case domestic terrorists threaten the U.S national security. The study established a theory that the court's failure to protect civil liberties due to deference and previous plenary powers negatively affects policy and counterterrorism approaches. Other scholars examined the impact of counterterrorism approaches on people's civil liberties. Silva (2014) studied whether securitization compromises human security. The study also investigated the impacts of the Foreign Intelligence Surveillance Amendment Act and the PATRIOT Act on civil liberties. The author found that the intensification of terrorism securitization and the legislative measures established after the 9/11 attack threatens civil liberties and human security. Silva (2014) also explains that Foreign Intelligence Surveillance Amendment Act and PATRIOT Act threatens citizen's civil liberties. The author adds that the legislative strategies enacted raise debate among different stakeholders about promoting national security and limiting civil liberties. The debate focuses on the need to balance civil liberties, human rights, and national security. However, some stakeholders claim that to achieve national
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security requires the sacrifice of some liberties (Silva, 2014). Therefore, the increase of national security and the enactment of counterterrorism laws diminish people's liberties. Counterterrorism strategies and surveillance measures enacted after the 9/11 attack jeopardizes citizen's civil liberties. In their study, Deflem and McDonough (2015) investigated the fears resulting from counterterrorism surveillance and its impacts on civil liberties. Their research focused on analyzing the contemporary discourse about surveillance and civil liberties and the misuse of intelligence and surveillance activities. The authors conclude that the counterterrorism strategies and the surveillance practices associated with it invade people's privacy, limit the freedom of speech, and violate other civil liberties. Deflem and McDonough (2015) explain that different scholarly literature and civil liberties activism have examined the fear resulting from counterterrorism surveillance. The scholars argue that the violation of civil liberties in post 9/11 attack relies not only on surveillance practices but also on people's cultural sensitivities to personal liberties and privacy rights. Generally, counterterrorism surveillance raises a culture of fear among citizens. However, the study identified the research gap. It indicated that social scientists, surveillance, and civil liberties scholars should examine the impacts of surveillance and counterterrorism legislation on civil liberties to avoid overestimations and speculations. Researchers examined the collision between counterterrorism legislation and the protection of people's civil liberties. Shor, Baccini, Tsai, Lin, and Chen (2018) studied how respect for civil rights and counterterrorist legislation’s enactment collides with each other. The authors explain that previous literature found that counterterrorism measures affected civil liberties and human rights negatively. Shor et al. (2018) report that case studies from various countries reveal that counterterrorist laws infringe on different human liberties, such as freedom
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