T5 B3 Meissner- Doris Fdr- Letters- Questions- Report And Testimony- 1st Pgs For Reference 122

Thomas H. Kean CHAIR

February 4, 2004

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick

Ms. Doris Meissner Senior Fellow Migration Policy Institute 1400 16th Street, NW Suite 300 Washington, DC 20036

Slade Gorton Bob Kerrey John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

Dear Ms. Meissner: Thank you for testifying at the January 26, 2004 hearing of the National Commission on Terrorist Attacks Upon the United States. We appreciate your taking the time to appear before the Commission to discuss the border security system prior to September 11, 2001. Both your written and oral testimony will become part of the permanent record of this Commission. The Commission will study your testimony and will benefit from the historical record and guidance you have given us. We know we have more to learn about the INS during your tenure as Commissioner, and we look forward to future discussions with you, as well as welcoming your comments and suggestions to the Commission. We will keep in touch with you in the months ahead. However, please do not hesitate to contact us if you have further information or recommendations for the Commission. With best wishes,

Thomas H. Kean Chair

301 7th Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-11 commission.gov

Lee H. Hamilton Vice Chair

26 Federal Plaza Suite 13400 New York, NY 10278 T 212.264.1505 F 212.264.1595

Additional Questions for Doris Meissner January 12,2004 Admission periods. Our understanding is that at one point, the length of stay of a visitor was within the discretion of the POE inspector based on stated length of stay, amount of money in one's pocket, stated intent while in the US. At some point that changed. When? Why? By whom? How did admission times for visitors get set? What types of information were taken into account when making the decisions? What national security information? i i / i \ t \ ^, _L. •- (•u* Customer Service lines/Did you ever make a decision as to how long the wait should be for a visitor to get through an inspection line at a POE? If yes, what was the decision? When? W.hy? Was there Congressional pressure? ^White House pressure? management of INS: • the embarrassment of Citizenship USA where 263,000 aliens were naturalized without having been adequately screened by the FBI, and subsequent screening showed 77,000 had a criminal history; ••'"^Wi ($^tvs ft> cf<^f^)\o^ |;U*. IfytJffyJs , • $800 million from 1995-97 "squandered" on technology upgrades like automated I-94s that didn't happen, an IDENT system that didn't talk to the FBI's criminal database or from location to location, and only held 5,000 names and was appropriated $85 million: barely anv betterment of the situation on the SW border despite a near doubling in agents/*In the end, Congress wanted '"more DAG oversight ot INS. Did you notice an increase in oversight from Jamie Gorelick? In what areas? Did you ever have discussions with her on counterterrorism?

•i

.

_: —

•—•

Entry-exit. Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 directed the AG to develop an automated entry and exit program to collect records every alien arriving and departing the US. The June 2000 Data Management Improvement Act directed integration of DOJ/DOS electronic arrival and departure information, beginning in 2003.yThe_yisa Waiver Pilot Act of 200(frrequired coljected^entry/exit information-frnm alte"" prnvidfd a waiv?r ty%? Ant. '">> «*^* • What were your views of the value of an entry-exit prop-am.? j\ff \G oversight. In the late 90s, Congress in its Approps language was complaining bitterly about the /i • Why did you £OJ, require your staff to come up with an implementation plan? (Congress \A// / required it be provided by January 1996) Congressional appropriations documents show that inJ996 $20 million was given for "automated border lookout systems including piloting an exit control system". In 1997, gp^thgr-miiUftp was added to the project. In 1998, anotherj>20 million. That's $41 million over three years. The Sept 1999 conference notes of a Canada/America Business and Trade Alliance where it says: Meissner "thanked CAN/AM BTA for its pivotal role in educating Congress on the realities and needs of the Northern Border and especially in its involvement in convincing ,(/>• Congress to delay the implementation of Section 110 and the inclusion that Trade and Travel / ,f^ . are not to be impeded or delayed. Further CAN/AM BTA continues its commitment for i J- fi/)\l of Sect

&

tSPU

d>^— -f^

Thomas H. Kean CHAIR

December 30, 2003

Lee H Hamilton VICE CHAIR

Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick

Ms. Doris Meissner Senior Fellow Migration Policy Institute 1400 16th Street, NW, Suite 300 Washington, DC 20036

Slade Gorton Bob Kerrey John F. Lehman Timothy J. Roemer James R. Thompson Philip D. Zelikow

Dear Ms. Meissner: The National Commission on Terrorist Attacks Upon the United States (better known as the 9-11 Commission) will hold a public hearing on January 26-27, 2004, in Washington, DC, on Borders, Transportation, and Managing Risk. You are invited to testify at these proceedings on the first panel—The Border Security System Prior to September 11—at 9:30 - 11:30 a.m. on January 26.

EXECUTIVE DIRECTOR

This session will be the first in the Commission's 2004 investigative hearing schedule, which will collectively advance the Commission's efforts to produce an authoritative account of the facts and circumstances surrounding the September 11, 2001, terrorist attacks. At this hearing, please focus your remarks and/or prepare to answer questions regarding policy and budget priorities at INS during your tenure; direction provided by the Department of Justice, White House, and Congress; cooperation between the INS and the Department of State; and the various elements of INS counterterrorism efforts, including intelligence, counterterrorism enforcement policy, and case activities carried out by the National Security Unit with the FBI Joint Terrorism Task Forces and the Department of Justice. We ask that you submit comprehensive written testimony and provide your statement via e-mail to Ms. Joanne Accolla at jaccolla@9-11 commission.gov by 9:00 a.m. on January 16. Your full statement will be made part of the record and carefully studied by the Commission. We would also ask that you limit your oral remarks to 10 minutes, so that we may highlight what we expect will be a highly fruitful interchange with you and other members of your panel. All witnesses at this and future Commission hearings will be asked to testify under oath.

TEL (202) 331-4060 FAX (202) 296-5545 www.9-11 commission.pov

Ms. Doris Meissner December 30, 2003 Page 2 Please contact Janice Kephart-Roberts at (202) 401-1705 with any questions you may have. We look forward to your participation in this important public forum. With best regards,

Thomas H. Kean Chair

Lee H. Hamilton Vice Chair

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR

October 23, 2003

Frederick F. Fielding

Ms. Doris Meissner Senior Fellow Migration Policy Institute 1400 16th Street NW, Suite 300 Washington, DC 20036

Jamie S. Goreliclc

Dear Ms. Meissner:

Richard Ben-Venisce Max Cleland

Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXEC' - VE DIRECTOR

The National Commission on Terrorist Attacks Upon the United States (better known as the 9-11 Commission) is directed by statute to prepare a full and complete account of the circumstances surrounding the September 11, 2001 terrorist attacks, including the nation's preparedness for, and immediate response to, the attacks. The Commission is also chartered to identify and evaluate lessons learned and provide recommendations to prevent future acts of terrorism upon our nation. Interviews with former senior policymakers are essential to developing an authoritative narrative of the September 11, 2001 attacks. As the former Commissioner of the Immigration and Naturalization Service, your perspective is vital to the Commission's collective understanding of 9-11, and we are therefore writing to request an interview with you during the week of November 3, 2003. The Commission wishes to discuss a wide range of topics with you, including (but not limited to) your description, analysis, and assessment of: •

The Justice Department, White House, and Congressional oversight of the INS during your tenure, as well as your participation in Principals' and Deputies' Committee meetings with respect to counterterrorism.

•

The INS role in formulating counterterrorism policy, programs, and resources; the administration of justice and services involving aliens; and the sharing of terrorism-related information known to the law enforcement and intelligence community with the INS during your tenure.

•

Where the balance should be struck between security and other interests, such as the economic and border policy interests of the United States, and the protection of constitutional and human rights.

You may wish to review notes and other materials you may have to refresh your recollection of these matters prior to the interview.

301 7'1' Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 f 202.296.5545

Ms. Doris Meissner October 23, 2002 Page 2 We are, of course, interested in any other issues you deem important to the Commission's understanding of 9-11 specifically and immigration policy generally, as well as your thoughts on policy recommendations for the future. Members of the Commission may attend, but the interview will be conducted by Commission staff. It is the general policy of the Commission to record interviews. This proposed interview is separate from your requested participation in a public hearing to be held in Washington, DC, on January 26, 2004. You will receive a separate invitation to testify in the coming weeks, and we hope that you will agree to appear before the Commission for this important public forum. Please have a member of your staff contact Janice Kephart-Roberts at 202-4011705 to indicate your availability for such an interview and to relay any questions you or your staff may have. Thank you in advance for your time and cooperation with the Commission and its staff in this important matter. Sincerely,

Philip Zelikow Executive Director

't

America's Challenge: Domestic Security Civil Liberties, and National Unity After September

Muzaffar A. Chishti Doris Meissner Demetrios G. Papademetriou Jay Peterzell Michael |. Wishnie Stephen W. Yale-Loehr

mm

MIGRATION N POLICY I INSTITUTE INSTITL

Testimony for the National Commission on Terrorist Attacks Upon the United States Doris Meissner Senior Fellow, Migration Policy Institute (MPI) Commissioner, U.S. Immigration and Naturalization Service, 1993-2000 January 26, 2004 Mr. Chairman and Members of the Commission: Thank you for the opportunity to appear before you today. I would like to assist in any way I can with the important work you are doing. I have been asked to provide information about the context, priorities, and progress that characterized my tenure as Commissioner of the Immigration and Naturalization Service (INS) from 1993-2000. hi addition, you have asked for my recommendations regarding future policy and actions. Prior to becoming INS Commissioner, I had worked for 13 years in various positions in the Department of Justice (DOJ) during the Nixon, Ford, Carter and Reagan administrations providing staff advice to the Attorney General and other senior department officials on immigration matters. In addition, during the Reagan administration, I served as Acting Commissioner of INS for more than a year and as Executive Associate Commissioner, the number three position in the agency, for four years. So when I assumed the duties of Commissioner in the Clinton administration, I came to the assignment with some background in the policy and administrative challenges facing INS and a commitment to wide-ranging agency reform. In 2003, INS was divided and restructured as part of the creation of the Department of Homeland Security (DHS.) Prior to that time, our nation's immigration laws gave responsibility for administering the nation's immigration system to the Secretary of State and the Attorney General. The Secretary of State, through the Bureau of Consular Affairs (CA), is responsible for immigration decisions abroad, and the Attorney General, through the INS, was responsible for immigration matters in the United States. INS' principal functions included: • •

admission of aliens seeking entry to the U.S., including asylum and refugee applicants; control of U.S. borders to prevent illegal immigration and other violations of entry procedures;

Doris Meissner Doris Meissner, former commissioner of the U.S. Immigration and Naturalization Service (INS), is a Senior Fellow at the Migration Policy Institute. She contributes to MPI's project on national security and immigration and conducts policy research on international migration and development, and immigration policymaking in an era of globalization. Ms. Meissner served as INS commissioner at the U.S. Department of Justice from October 1993 to November 2000. Her impressive accomplishments included reforming the nation's asylum system; creating new strategies for managing U.S. borders in the context of open trade; improving services for immigrants; managing migration and humanitarian crises firmly and compassionately; and strengthening cooperation and joint initiatives with Mexico, Canada, and other countries. She first joined the Department of Justice in 1973 as a White House Fellow, serving as special assistant to the attorney general. Following that appointment, she became assistant director of the Office of Policy and Planning, then executive director of the Cabinet Committee on Illegal Aliens. In 1977 she was appointed deputy associate attorney general. She served as acting INS commissioner in 1981 and then as executive associate commissioner until 1986 when she left government service to join the Carnegie Endowment for International Peace. hi 1989, Ms. Meissner founded the Endowment's International Migration Policy Program, which evolved into the Migration Policy Institute in 2001. She left the Carnegie Endowment in 1993 when President Bill Clinton tapped her to serve as INS commissioner. After leaving government in 2000, she returned to the Carnegie Endowment as a senior associate in the Global Policy Program. Ms. Meissner is a graduate of the University of Wisconsin, where she earned both her BA and MA degrees.