T5 B45 Student Tracking 4 Of 6 Fdr- Entire Contents- Letters- Memos- Reports- 1st Pgs For Reference 300

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11:21

-llmtEd Statts Sniau WASHINGTON. DC 20510

February 22, 2000 The Honorable Doris Meissncr, Commissioner U.S. Immigration and Naturalisation Service 42S I Street, NW Washington, D.C. 20536 Dear Commissioner Meissncr: We. Hie writing to urge the Immigration and Naturalization Service to postpone implementation of proposed rule 1991-99 authorizing the collection of fees levied on foreign students and exchange visitors to fund the INS studenMracking system. We have heard the concerns of many universities and other organisations across ibe country and we arc troubled by these regulations, which would create several new requirements, increase university coats, and place schools and exchange programs in an inappropriate rote. Colleges and universities have expressed the view that this rule would undermine the education of U.S. students, the resources of U.S. institutions and their local communities, and the U.S leadership in international education. Requiring U.S. institutions to collect fees to fund a federal program is an inappropriate role for higher education institutions, which are not third party financial organizations equipped to fulfill such a fiduciary responsibility. The large amounts of money, time, work, resources, and personnel needed to collect INS fees would directly impair the abilities of colleges and universities to educate all students as well as compete for students in the global marketplace, which brought Si 1 billion into the U.S. economy last year. At a time when the U.S. is in fierce competition with Australia. Japan, and the UK for the world's best students, this proposal would place the U.S. at a disadvantage. Loss of foreign students to the U.S. means a loss of thousands of dollars and dozens of talented students and academics in each local university community. After carefully reviewing the concerns raised by the academic community, we have deuided that if there is to be a fee assessed, the federal government, not schools or other private sector organizations, should be designated as responsible agents for foreign student tec collection.

The Immigration Service and Student Tracking. 9/11 hijackers use of student status Mohammad Atta (alleged pilot AA #11), Hani Hanjour (alleged pilot AA#77), and Marwan AlSehhi (alleged pilot UA #175), and Ziad Jarrah (alleged pilot UA #93) were all students in the U.S. during the course of their U.S. stays. • Atta received a change of status from tourist to vocational school two days prior to his last arrival in the US in July of 2001, seven months after acquiring his commercial pilot license from Huffman Aviation and six months after being permitted entry as a student under a tourist visa in January 2001. • Hanjour received an academic student visa prior to his last arrival in the US in December 2000. His intended address was the ELS Language Center in Orlando. Hanjour entered the US on that student visa in December 2000. Hanjour had previously requested a change of status from a tourist visa to academic student status in June 1996 to attend English-speaking school. He re-entered on an academic student visa in 1997, and in 1998, applied for a change of status from academic to vocational student. Hanjour received a commercial pilot license from the FAA in 1999 without ever obtaining approval for his 1998 vocational status until January 2001. • Al Shehhi entered the US on a tourist visa in May 2000, applied for a change of status from tourist to vocational student in September 2000 at the same time as Atta, and was approved in August 2001. In the intervening time, he was admitted twice on a business/tourist visa, having completed his schooling with Atta in December 2000. • Jarrah came in to the U.S. for the first time on June 27, 2000. The next day he began flight school, which he attended through January 2001. He left and re-entered three times during his studies, never applying for a change of status. History of student tracking An Old Regulation and an Outdated Database Receive an Inquisitive Look The requirement for U.S. academic, vocational and exchange institutions to maintain current information on their foreign students dates back to 1984, when the Attorney General issued a rule that all schools report termination for disciplinary action to the Immigration and Naturalization Service (INS). Noncompliant schools, under the rule, were to be disciplined, meaning loss of INS accreditation to receive foreign students. To comply with the INS rule, schools and foreign students worked their way through a myriad of paperwork: certification to accept foreign students under INS rules, applications to the schools, INS 1-20 forms from the school for the student to present to a visa officer, visa application to attend the school, U.S. entry documents, and school registration information.1 Regulations governing students are: 8 CFR 214.2 (f), (m), and (j); 214.3 re approval of institutions;

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Source: Legal > FederalLega\-_U,S, > United States_CMe_SeryiceXUSCS)_MateriaJs > United States Code Service Titles 1 through 50 - Selected Documents GO TOC: UnitedLStatesL^d^^.rvjce...-iTit!eAJJhiojjgJl5Q > /..,..,.,_/ > MJ_SCJLLANEQUS > § 1372. Program to collect information relating to nonimmigrant foreign students and other exchange program participants Terms: 8 use 1372 (EdJlSearch)

•f Select for FOCUS™ or Delivery 8 USCS § 1372 UNITED STATES CODE SERVICE

Copyright © 2003 Matthew Bender & Company, Inc., one of the LEXIS Publishing (TM) companies All rights reserved *** CURRENT THROUGH P.L. 108-198, APPROVED 12/19/03 *** *** WITH A GAP OF 108-173 *** TITLE 8. ALIENS AND NATIONALITY CHAPTER 12. IMMIGRATION AND NATIONALITY ADJUSTMENT AND CHANGE OF STATUS MISCELLANEOUS

* GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION

8 USCS § 1372 (2003) § 1372. Program to collect information relating to nonimmigrant foreign students and other exchange program participants (a) In general. (1) Program. The Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall develop and conduct a program to collect from approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs in the United States the information described in subsection (c) with respect to aliens who-(A) have the status, or are applying for the status, of nonimmigrants under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act [8 USCS § 1101(a)(15)(F). (J), or (M)]; and (B) are nationals of the countries designated under subsection (b). (2) Deadline. The program shall commence not later than January 1, 1998. (3) Aliens for whom a visa is required. The Attorney General, in consultation with the Secretary of State, shall establish an electronic means to monitor and verify-(A) the issuance of documentation of acceptance of a foreign student by an approved institution of higher education or other approved educational institution, or of an exchange visitor program participant by a designated exchange visitor program; (B) the transmittal of the documentation referred to in subparagraph (A) to the Department of State for use by the Bureau of Consular Affairs; (C) the issuance of a visa to a foreign student or an exchange visitor program participant; (D) the admission into the United States of the foreign student or exchange visitor program participant; (E) the notification to an approved institution of higher education, other approved educational institution, or exchange visitor program sponsor that the foreign student or exchange visitor participant has been admitted into the United States;

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ONE HUNDHLO SEVENTH CONGRFSS

' '

V".,.....i

Congress of the Hnited;

'

House of Representation COMMITTEE ON THE JUDICIARY HOUSE Ortict WASHINGTON. DC 20515-6216 (202) 225-3951

October 9, 2001

MEMORANDUM

TO:

Members, Subcommittee on Immigration and Claims

FROM:

Keith Ausbrook, Chief Counsel for Oversight and Investigations Brian Zimmer, Senior Investigator /I' •:

RE.

Subcommittee Oversight Hearing on INS Information Technology

Chairman Gekas has scheduled an oversight hearing on the Immigration and Naturalization Service's (INS) use of information technology in enforcement for October 11th, at 10;00 a.m. in Room 2141 of the Raybum House Office Building. Purpose of the Hearing The purpose of this hearing is to review INS implementation of the information technology systems that it uses for enforcement. The hearing will examine INS's performance in managing large new investments in information technology, including the $111 million for new investment proposed in the FY2002 INS appropriation bill. The hearing will also provide Members with an opportunity to evaluate the agency's lack of progress in implementing specific automated systems, such as the automated element of the biometric Border Crossing Card (to permit scanning of border crossing documents for verification of biometric information and prevent duplicate admissions on a single card) and the Student and Exchange Visitor Information System (SEVIS) (to track foreign students enrolled in American colleges and universities). Although these systems were required by statute to be implemented, INS has failed to do so, raising serious questions about the INS's capacity to secure the Nation's borders according to Congressional mandates.

/
o /;

/

U.S. Department o

Immigration and Nai

Office of the Commissioner

on Service

425 Eye Street N. W. Washington, D.C. 20536

MAY I I (995 EXECUTIVE SUMMARY TO:

THE DEPUTY ATTORNEY GENERAL

FROM:

THE COMMISSIONER IMMIGRATION AND NATURALIZATION SERVICE

SUBJECT:

Immigration Controls on Foreign Students

PURPOSE:

To provide information regarding the current process of admission and control of foreign students in the United States.

TIMETABLE:

Information due to DAG May 11, 1995.

DISCUSSION: I have directed that responsible managers and staff within the agency initiate a top-down review of the current process of scrutinizing, admitting, and monitoring foreign students in the United States, assessing risks and vulnerabilities relative to issues of security, and to specify the resources and requirements for a tight and effective process for controlling, monitoring and tracking foreign students. The team, comprised of representatives from the Service, Enforcement, and Information Resource Management components from INS headquarters and field offices will conduct the top-down review and make recommendations for improvement and action. The team will also consult with the appropriate components of the Federal Bureau of Investigation, the U.S. Information Agency, and the Department of State, to solicit their detailed and comprehensive views and comments on tightening foreign student controls. RECOMMENDATION: informational.

No action is recommended.

This transmittal is

APPROVE

Concurring components: None

DISAPPROVE

Nonconcurring components : None

OTHER

United States Department of State Washington, D.C. 20520

May 17, 2000

TO WHOM IT MAY CONCERN:

I have had the pleasure of working with Morrie Berez over an extended period of time during my two-year tenure as Director, Office of Field Support and Liaison, in the Bureau of Consular Affairs' Visa Directorate. Professional and results-oriented, Mr. Berez is one of the most effective inter-agency players with whom I've worked in twenty years of Foreign Service experience. He is a natural leader particularly adept at managing complex policy and procedural issues. As demonstrated below, Morrie brings a wealth of expertise to any job. Mr. Berez and I worked closely together on CIPRIS (Coordinated Interagency Partnership Regulating International Students), the congressionally-mandated automated system for tracking foreign students and exchange visitors. This was a massive undertaking requiring effective coordination of different parts of INS, State, the former USIA, the Department of Education, and US learning institutions. I was continually impressed by Morrie's skilled leadership of this process. His strategic planning and abilities in leading the development, design and pilot test implementation, and for setting the course for development of the national CIFRI3 pro-gran; demonstrated, a broad understanding of both INS's and other agencies' missions and business processes. Mr. Berez' professionalism, technical expertise, and enthusiasm for his work helped build the alliances needed to make progress on CIPRIS. He was a catalyst for positive change within the INS-led interagency Task Force on CIPRIS. His vision was tc create a multi-faceted program that would use today's technologies to leverage collective resources, enhance border security, and provide good ciistomer service. A CIPRIS strategy paper prepared by Morrie clearly demonstrated his abilicy to balance competing goals such as

U. S. Department of Justice Office of Investigative Agency Policies

Washington, D.C. 20530

September 26, 1994 MEMORANDUM TO:

Jamie S. Gorelick

Deputy Attorney General FROM:

Louis J. Freeh, Director Office of Investigative Agency Policies

At your request, the Office of Investigative Agency Policies ("OIAP") has considered "current procedures, policies and practices relating to aliens' entry into and departure from the United States," and addressed ways "to improve the Department's law enforcement capabilities in these areas." In making this request, you noted the participation of aliens in two heinous crimes: the World Trade Center bombing and the killings outside of the Central Intelligence Agency Headquarters. After consulting with the members of the OIAP's Executive Advisory Board ("EAB"),1 I make the recommendations contained herein. AThe recommendations, if fully implemented, would require an infusion of funds and personnel. Visa Applications The members of the EAB stressed the need for coordination and cooperation in determining whether the United States Government should issue a visa to an alien. In this regard, it was noted that, when agencies provide information to the State, Department which suggest that a visa should not be issued, the' State Department should not specify the reason for the visa's denial. Such information often results from criminal investigations and, thus, its disclosure could jeopardize them. Accordingly, the EAB recommends, and I endorse, the establishment of a uniform system for the State Department's communication of visa denials. 'The EAB consists of representatives from the Drug Enforcement Administration ("DBA"), United States Marshals Service ("USMS"), Immigration and Naturalization Service ("INS"), Federal Bureau of Investigation ("FBI"), and the Department of Justice's Criminal Division.

HQ214f-C Status Report on the Foreign Student Controls Task Force

Amy D. Jeffress Special Assistant to the Deputy Attorney General

SEP 2 6 1995 Office of the 'Deputy Commissioner Immigration and Naturalization Service

Attached is the status report responding to your September 7 request for information on the progress to date and plans of our task force on foreign student controls. Please do not hesitate to contact me if you need further information.

Chris Sale Deputy Ccmmiss-u ner Attachment

STATUS REPORT OF THE FOREIGN STUDENT CONTROLS TASK FORCE

Jtem l: Has the INS specifically addressed the concern about the need for more thorough scrutiny and control of foreign students expressed in a September 26, 1994 memorandum to the Deputy Attorney General (DAG) from Louis Freeh, Director of the Office of Investigative Agency Policies (OIAP)? •

Yes. Addressing OIAP Director Freeh's concern has been a primary aim of the review. We have fully coordinated this Task Force effort with the Office of Enforcement. Also, Senior Special Agents from both the Intelligence and the Investigations divisions are active members of the Task Force.

•

A major recommendation of the Task Force is to transform the foreign student administration process from one of rare contact via adjudication to one of Information Technologybased registration, monitoring, tracking and control through mandatory event-based notification. At present, foreign students in the U.S. are not subject to any process of continuing scrutiny, tracking, or monitoring, and schools are not required to notify INS when students depart, drop out, transfer, or violate their status. There is no system or process for reporting or maintaining current addresses of students. Currently, it is only at the point of adjudication for employment related student benefits, reinstatement (at .the student's initiative), or granting of a change of status to student that a nonimmigrant student contact with the Service may occur.

•

The Task Force's major recommendation at this preliminary point of its effort is that all foreign students be subject to a mandatory ADP-supported registration process upon admission to the U.S., and that INS institute "event-based" notification (i.e., timely notification by the schools to INS) for such things as no-shows, violation of status, academic probation, arrest by campus or local police (if known), graduation, transfer out/in, and the like). Another key recommendation is that the direct mail process at the Service Centers ensure improved scrutiny via lookout checks on nonimmigrants applying for a change to (or extension of) student status, seeking reinstatement to status, and other benefits.

•

The Task Force Coordinator recently briefed the INS representative to the OIAP on the focus and initial draft recommendations of the Task Force regarding ADP supported registration, tracking and monitoring, the process of mandatory "event-based" notification by schools, and effective lookout checks by the Service Centers incident to adjudications via direct mail. The INS' OIAP representative,

J

4

it

Memorandum

HQ 70/6.2.6 Subject

Receipt of Final Report of the Task Force on Foreign Student Controls

To

Date

'01 M 1995 From

Chris Sale Deputy Commissioner

Through: Through:

Michael L. Aytes HQADN

T. Alexander Aleinikoff Executive Associate Commissioner for Programs \Jb^ l-i/l 13 far Louis -D. Crocetti, Jr. Associate Commissioner for Examinations

We have received the formal memorandum transmitting the final report of the Task Force on Foreign Student Controls. The report is comprehensive in scope, and it contains far reaching recommendations for major program and data system changes, as well as inter-agency coordination concerns. The Task Force report must be given full and' serious consideration by cognizant program officials in light of the major changes proposed. Although we are forwarding the package to your office in accordance with the December 29 delivery deadline for the report, we must have time to study and consider the major programmatic and resource implications presented in the Task Force's ambitious reinvention proposals. We are committed to making the necessary determinations and management decisions by January 31, 1996 with respect to the issues addressed by the Task Force. We are aware that Amy D. Jeffress,. Special Assistant to the Deputy Attorney General, has requested regular progress reports on the Task Force effort, and we expect that she most likely will want a copy of the Task Force report in the near future. Should you forward the report to the Deputy Attorney General's Office, please advise . them that the responsible program officials are now considering the report recommendations with the aim of initiating" a formal reinvention initiative to address the issue of foreign student controls.

Form G-2

Memorandum HQ 70/6.2.6

Subject

Formal Report of the Task Force On Foreign Student Controls

To

Date

DEC 2 2 1995 From

Michael L. Aytes Acting Assistant Commissioner HQADN Through:

Task Force on Foreign Student Controls

vonne M. Lafleur :hief, Nonimmigrant Branch HQADN

I am pleased to transmit the formal report prepared by the Task Force on Foreign Student Controls. The Task Force conducted a comprehensive review and analysis of current controls over foreign students in the United States. Based on its review, the Task Force determined how to strengthen the process of scrutinizing, monitoring and controlling foreign students to effectively address concerns regarding weak foreign student controls which were raised by the Director, Office of Investigative Agency Policies. The Task Force hopes that its report may serve as the blueprint to guide the Service in re-engineering the student and schools control process. Addressing the the Task Force representative The Task Force

OIAP Director's concerns has been a primary aim of effort, and the Task Force has kept the Service's to the OIAP apprised of its findings and progress. was comprised of the following individuals.

Immigration and Naturalization Service (INS) members: Maurice Berez, Coordinator, Senior Adjudications Officer, Adjudications Division; Clair Seglem, Assistant Chief Immigration Inspector, Inspections Division; Linda Loveless, Assistant Chief Inspector, Inspections Division; Mark McGraw, Senior Special Agent, Investigations Division; Albert Diplacidi, Senior Special Agent, Intelligence Division; William McNamee, Senior Adjudications Officer, Office of Field Operations; Paul Arthur, Senior Computer Specialist, Data Systems Division; Kurt Andolsun,. Senior Computer Specialist, Data Systems- Division; Kathleen Sheeran, . District Adjudications Officer, Miami .district; Bruce Gawtry, Special Operations Immigration Inspector, St.Paul district; Lauren Mack, District Adjudications Officer, San Diego district/-

G-2 {Rev. 1-2-80)

U.S. Department of Justice

Immigration and Naturalization Service

425 Eye Street N. W. Washington, D.C. 20536

DEC I 0 1998 MEMORANDUM FOR THE DEPUTY COMMISSIONER THROUGH:

EXECUTIVE ASSOCIATE COMMISSIONER FOR POLICY AND PLANNING

FROM:

Maurice R. Berez CIPRIS Project Lead

SUBJECT:

Coordinated Interagency Partnership Regulating International Students (CIPRISX

PURPOSE:

To provide background for the Deputy's briefing on CIPRIS scheduled for Monday, December 14 at 11 AM.

TIMETABLE:

CIPRIS is required by law to be initially deployed and operational in five countries by January 1, 2002. Full deployment in all countries is required by January 1, 2003.

SYNOPSIS:

Background 1. In 1995, the INS convened a Task Force to review the process by which F,M, and J aliens are admitted into the United States. The task force recommended the development and pilot test of a reengineered business process and system to be followed by development and implementation of reengineered systems and business process covering students and exchange visitors. 2. On September 30, 1996, Nine months after the Task Force Report, Pub.L 104-208 (IIRIRA) was enacted. Section 641 of IIRIRA requires that INS, in consultation with the U.S. Information Agency (USIA), Department of State (DOS), and Department of Education (DoEd), establish a program for monitoring and reporting on foreign students and exchange visitors from schools and exchange programs. The statute also requires the process to be electronic wherever feasible.

CONTROLS GOVERNING FOREIGN STUDENTS: and Schools That Admit Them

Final Report by the Task Force on Foreign Student Controls U.S. Immigration t<:Hd Naturalization Service

December 22,1995

w

RESEARCH NOTES

1828 L Street NW, Suite 1050, Washington, DC 20036 • Phone (202) 452-0650 • Fax (202) 223-5364 • Internet: wwwwashingtoninstitute.org

December 1999

Number 9

Tracking Students from Terrorism-Supporting Middle Eastern Countries: An Update Benjamin Orbach Foreign students and scholars contribute greatly to U.S. higher education. Yet, a very small number have exploited the student visa process either to commit acts of terrorism (such as the World Trade Center bombing) or to pursue studies that directly benefit their countries' pursuit of weapons of mass destruction (WMD).' This phenomenon can be explained, in part, by the U.S. government's lack of an effective system for monitoring and tracking students, exchange visitors, and scholars from terrorism-supporting countries.2 The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRA/IRA) mandates that such a program be developed and implemented by January 1, 2003. But until an appropriate electronic tracking system is implemented—and it is unlikely that a national system will be in place before 2003—the U.S. government will lack comprehensive data describing what students from terrorism-supporting countries study, where they study, and who pays for their studies. For at least three more years, this problem will continue, virtually unchecked.

Background

issued 9,767 visas to students of TSMECs between 1991 and 1996. Mann's research also brought to light In September 1997, The Washington Institute pubthe fact that a high number of these students study lished Open Admissions: U.S. Policy Toward Students from subjects that could help their respective countries to Terrorism-Supporting Countries in the Middle East, by develop programs of biological, chemical, and Hillary Mann (Policy Focus no. 34). Open Admissions nuclear weapons and ballistic missiles. focused on the difficulties the United States" has in To address the problem, Mann recommended the tracking and monitoring students from terrorism-supfollowing:3 porting Middle Eastern countries (TSMECs) in U.S. • Tightening security procedures, including applycolleges, universities, and other advanced academic ing the most comprehensive background check programs. Specifically, Mann analyzed the trends of available to all students and visitors from TSMECs. study and sources of funding for students from Iran, • Denying entry to any student from a TSMEC who Iraq, Libya, Syria, and Sudan—countries on the U.S. intends to study a subject that could aid in the Department of State's list of "state sponsors of terrorproduction of chemical, biological, or nuclear ism." Her research revealed that the United States weaponry or missile technology. • Refusing visas to individuals whose studies are fiFor instance, a key scientist in Iraq's nuclear weapons program earned a doctorate in nuclear engineering at Michigan nanced by the governments of Iran, Syria, or State University, and three Iranian scientists involved in deSudan. This is already the practice in the cases of veloping the Iranian nuclear program also studied in the students from Iraq and Libya. United States. See Hillary Mann, Open Admissions: U.S. Policy Toward Students from Terrorism-Supporting Countries in the Middle • Implementing and expanding the Immigration East, Policy Focus no. 34 (Washington: The Washington Inand Naturalization Service (INS) pilot program stitute for Near East Policy, 1997), p. 1. that would screen and monitor foreign students Most students are in the Fl visa class; scholars and exchange visitors,Jl; and nonacademic (vocational) students, Ml.The (as well as their spouses and children) from the term "student" will apply generally to all foreign students, exchange visitors, scholars, and nonacademic students studying in the United States on Fl, Jl, or Ml visas.

3.

Mann, Open Admissions, pp. 9-10.

The opinions expresst J herein are solely those of the authors and should not be construed as representing those of The Washington Institute for Near East Policy, its Board of Trustees, or its Board of Advisors.

A database of current international student and EV information. & A database of easily shared data. ** A tool to monitor and track F, M, and ** J non-immigrants. A tool that can recognize, predict and report trends and anomalies.

OFFICIAL

JAN

BILLING CODE:

8 1997

4410-10

DEPARTMENT OF JUSTICE Immigration and Naturalization Service [INS No. 1800-96] Request For Volunteers to Participate in a Foreign Student/Exchange Visitor Program Pilot

AGENCY:

Immigration and Naturalization Service, Justice.

ACTION:

Notice.

SUMMARY:

The Immigration and Naturalization

Service

(INS),

consistent with its statutory authority to regulate foreign students and exchange visitors under sections 101(a)(15)(F), (J) and (M) of the Immigration and Nationality Act as amended (the

Act),

and

in

consultation

with

the

United

States

Information Agency (USIA), the Department of State (DOS), and the Department of Education program 1997/1998

(DoE), is initiating a pilot

(hereinafter referred to as "the pilot") academic

year,

commencing

with

the

for the

1997

fall

semester, to redesign and improve the collection and reporting of

information

regarding

foreign

students

and

exchange

visitors as required under Subtitle D, section 641, of the