T5 B45 Student Tracking 6 Of 6 Fdr- Entire Contents- Transcripts- Memos- Reports- Questions- 1st Pgs For Reference 302

Congress of the United States House ofHcprcscnoinocs COMMITTEE ON THE JUDIC!A= < 2138 RavBURN HOUSE OFF ct B-_ .: WASHINGTON. DC 20515-62 v: (202) 225-3951 "i"ii wwv. T'^se g>~'. [un^i.irv

September 13, 2002

MEMORANDUM To:

Members. Subcommittee on Immigration, Border Security, and Claims

From: Keith Ausbrook, Chief Counsel for Oversight and Investigations Andrew Arthur, Counsel Re:

Oversight Hearing on the INS's Foreign Student Tracking Program

The Subcommittee on Immigration, Border Security, and Claims will hold an oversight hearing at 10:00 A.M. on Wednesday, September 18, 2002, in Room 2237 of the Ravburn House Office Building. The hearing will be on "The INS's Implementation of the Foreign Student Tracking Program." The purpose of the hearing is to review the Immigration and Naturalization Service's (INS's) implementation, in response to a mandate in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). of a program to collect information on nonimmigrant foreign students and exchange visitors from approved institutions of higher education and designated exchange visitor programs. The issues expected to be addressed at the hearing include the following: The INS's ability to complete its electronic tracking system for students and exchange visitors, the Student and Exchange Visitor Information System (SEVIS), to comply with Congressional mandates. Schools' ability to comply with the INS's requirements for SEVIS compliance by January 2003 •

The methods that the INS will propose to collect fees to pay for SEVIS. Whether there is a need for training of school administrators before the INS fully implements SEVIS.

•

Whether SEVIS will be an effective tool for tracking alien students in the United States.

9/10/2003 10:00 AM Team 5, Border Security and Foreign Visitors: FOREIGN STUDENT TRACKING

Briefing Materials, Document Requests, and Interviews I.

What were the facts and circumstances of the 9/11 terrorist attack with respect to our systems of immigration, nonimmigrant visas, and border controls? b. At the time of 9/11, what was the national framework - especially encompassing State, Justice/INS, and Treasury/Customs and intelligence agencies - governing entry and visits by foreign nationals so as to reduce U.S. accessibility to terrorists? Victim question: Why was CIPRIS (foreign student tracking) not implemented fully prior to 9/11 as required by law? Briefing Materials (Background and Key Documents) Law • U.S. law mandating the creation of a foreign student tracking system, P.L. 104-208, Section 641 (pages 162 (law) and 165 (appropriations) of JKR hearing record) Internal INS Documents (JKR in possession while in Senate employ) • DOJ/INS Certificate of Eligibility for Nonimmigrant (F-1/F-2/M-1/M2) Student • 9.26.94: Memorandum to Jamie Gorelick (DAG DOJ) from Louis Freeh (Director Office of Investigative Agency Policies) re improving DOJ's law enforcement capabilities re aliens entry and departures from the U.S. • 1.01.95: Memorandum on Receipt of Final Report of the Task Force on Foreign Student Controls to HQADN Michael Aytes to Chris Sale, Deputy Commissioner through T.Alexander Aleinkoff, Exec Assoc. Comm'r for Programs and through Louis Crocetti, Jr., Associate Comm'r for Examinations • 5.11.95: Executive Summary to DOJ DAG from Commissioner INS re Immigration Controls on Foreign Students • 9.26.95: Status Report on the Foreign Student Controls Task Force to Amy D. Jeffress, Special Assistant to DAG from Chris Sale, Deputy Commissioner INS (transmittal letter and report) • 10.11.95: INS Commissioner Doris Meissner's Approval for Student Registration Initiative with discussion of key elements • 12.22.95: Memorandum on Formal Report of the Task Force on Foreign Student Controls to Michael Aytes from Maurice Berez, Task

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September 13, 2002

MEMORANDUM To:

Majority Members, Subcommittee on Immigration, Border Security and Claims

From: Keith Ausbrook, Chief Counsel for Oversight and Investigations Andrew Arthur, Counsel V- *»— Re:

Oversight Hearing on the INS's Foreign Student Tracking Program

The Subcommittee on Immigration, Border Security, and Claims will hold an oversight hearing at 10:00 A.M. on Wednesday, September 18, 2002, in Room 2237 of the Rayburn House Office Building. The hearing will be on "The INS's Implementation of the Foreign Student Tracking Program." The purpose of the hearing is to review the Immigration and Naturalization Service's (INS's) implementation, in response to a mandate in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), of a program to collect information on nonimmigrant foreign students and exchange visitors from approved institutions of higher education and designated exchange visitor programs. The issues expected to be addressed at the hearing include the following: •

The INS's ability to complete its electronic tracking system for students and exchange visitors, the Student and Exchange Visitor Information System (SEVIS), to comply with Congressional mandates. Schools' ability to comply with the INS's requirements for SEVIS compliance by January 2003 The methods that the INS will propose to collect fees to pay for SEVIS. Whether there is a need for training of school administrators before the INS fully implements SEVIS. Whether SEVIS will be an effective tool for tracking alien students in the United States.

-02.

http://www.house.gov/judiciary/immi040203.hti

WITNESS LIST COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY, AND CLAIMS Wednesday, April 2, at 2:00 PM Room 2237 Rayburn House Office Building Oversight hearing on "Immigration Student Tracking: Implementation and Proposed Modifications." Johnny N. Williams, Interim Director Immigration Interior Enforcement, ICE Glenn A. Fine, Inspector General United States Department of Justice Thomas Fischer, Former INS Atlanta District Director Dr. David Ward, President American Council on Education

Zimmer, Brian Subject: .ocation:

SEVIS Hearing 2237

Start: End:

Wed 4/2/2003 2:00 PM Wed 4/2/2003 4:00 PM

Recurrence:

(none)

Subcommittee on Immigration. Border Security, and Claims 2:00 p.m. in 2237 Raybum House Office Building Oversight hearing on "Nonimmigrant Student Tracking: Implementation and Proposed Modifications."

Hostettler Subcommittee to Examine Deficiencies in SEVIS Student Tracking System What: Who: When: Where:

Oversight hearing on the implementation of the Student and Exchange Visitor Information System (SEVIS). Immigration, Border Security, and Claims Subcommittee - Rep. John N. Hostettler (R-EV), Chairman 2:00 p.m. Wednesday, April 2, 2003 2237 Rayburn Building

The Institute of International Education has found that 582,996 aliens held student visas in the 2001-2002 academic year, an increase of 6.4 percent over the prior year. While education is one of the United States' most valuable exports, aliens who have entered the U.S. on student visas also have engaged in activities with deadly consequences for Americans. Three September 11* hijackers entered the U.S. with student visas. In addition, recentlyarrested bin Laden lieutenant and reputed mastermind of the September 11* attacks, Khalid Shaikh Mohammed, graduated from North Carolina A&T, and the former head of Iraq's nuclear weapons program received much of his education, including his doctorate in theoretical nuclear physics, here. Background... •

The USA-PATRIOT Act charged the Immigration and Naturalization Service (INS) with implementing SEVTS, the agency's computer tracking system for foreign students. The new Bureau of Immigration and Customs Enforcement (ICE) says the program went into effect in February 2003, but a March 2003 Justice Department Inspector General's report found that SEVIS has significant deficiencies and has not been implemented fully.

This hearing will... •

•

Examine the INS's and the ICE's implementation of the SEVIS program as well as some modifications to the system that might improve its performance and functionality in the war against terrorism. Examine how to ensure the student visa program is used as intended rather than arming those who wish to destroy America and American values.

Witnesses: Mr. Johnny N. Williams, Interim Director, Immigration Interior Enforcement, ICE; Mr. Glenn A. Fine, .nspector General, Justice Department; Mr. Thomas Fischer, Former INS Atlanta District Director; and Dr. David Ward, President, American Council on Education.

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ilouye Committee on the Ju._:ciar. subcommittee on Immigration. Border Security, and Claims "Oversight Hearing on the INS's Implementation of the Foreign Student Tracking Program." 18 September 2002 at 10:00 a.m. Rayburn House Office Buiiding Testimony offered by Catheryn Cotten Director. International Office Duke University. Medical Center, and Health System We are submitting this statement in outline format, as that seems the most efficient way to represent a somewhat complex and sometimes convoluted topic. We will be pleased to discuss any issue further. At the end of this document we have provided a guide to abbreviations used. I.

Duke Information A. Institutional Information. 1. .An internationally recognized university and academic medical center offering undergraduate, graduate, and professional degrees, and other specialized degrees and certificates. 2. .An internationally recognized research facility conducting research in such diverse areas as biblical archeology, lemur biology and habitat. bioengineering, and medical research. 3. One of the nation's premier medical centers and hospitals providing superior medical care and ongoing bench and clinical research on newdrugs, therapies, and procedures. 4. Academic base and employer to over 1200 international students and over 1,000 international professors, researchers, area specialists, and employees. 5. Host for hundreds of international seminars., meetings, conferences, and collaborations every year. 6. For more detailed information on Duke go to http://wvv-w.duke.eda''. For more detailed information on international students and scholars and visa issues go to http://www.international.duke.edu/. B. Duke's INS/CIPRIS/SEVIS experience. 1. Authorized by INS to operate an F- 1 student program since 1 954. 1. Authorized by the Department of State to operate a J-l Exchange Visitor program since 1 950. 3. One of the 21 pilot schools that cooperated with INS to develop the electronic data management system initially know as CIPRIS.

Judiciary/Immigration... Testimony 1 8 September 2002, 1 0:00 a.m., Raybum House Office Bldg. For further information contact Catherv-n Cotten, Director, Duke University International Office. Durham NC Tel. 919-681-8472 Fax. 919-681-8492 E-mail: cotte002« mc.duke.edu Web.htip: 7intemalional.duke.edu F:\107th Hearings & Markups SeptlS SEVISYTestimony and Bios\CottenTestimony

Congress of the Hnited States liousc of Rcprcscnutiocs COMMITTEE ON THE JUDICIARY

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WITNESS LIST COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY, AND CLAIMS Wednesday, September 18, 2002 at 10:00 A.M. Room 2237 of the Rayburn House Office Building Oversight hearing will be on "The INS's Implementation of the Foreign Student Tracking Program." Janis Sposato Assistant Deputy Executive Associate Commissioner for the Imnii^nr.io-r; Services DivisicImmigration and Naturalization Service The Honorable Glenn A. Fine Inspector General United States Department of Justice Catheryn D. Gotten, Director of the International Office Duke University/Duke University Medical Center/Duke University Health System Dr. Terry W. Hartle, Senior Vice President Government and Public Affairs American Council on Education

U. S. Department of Justice Immigration and Naturalization Service

STATEMENT OF

JAMS SPOSATO ASSISTANT DEPUTY EXECUTIVE ASSOCIATE COMMISSIONER IMMIGRATION SERVICES DIVISION U.S. IMMIGRATION AND NATURALIZATION SERVICE

REGARDING

IMPLEMENTATION OF THE STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM

U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY, AND CLAIMS

10:OOA.M. WEDNESDAY, SEPTEMBER 18, 2002 2237 RAYBURN HOUSE OFFICE BUILDING

Statement of

Glenn A. Fine Inspector General U.S. Department of Justice before the

U.S. House of Representatives Committee on the Judiciary Subcommittee on Immigration, Border Security', and Claims

concerning

The INS's Implementation of the Foreign Student Tracking Program

September 18, 2002

TESTIMONY OF TERRY W. HARTLE SENIOR VICE PRESIDENT AMERICAN COUNCIL ON EDUCATION

BEFORE THE COMMITTEE ON THE JUDICIARY U.S. HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY, AND CLAIMS

SEPTEMBER 18, 2002

IN REGARD TO: "THE INS'S IMPLEMENTATION OF THE FOREIGN STUDENT TRACKING PROGRAM"

TERRY VV. HARTLE Senior Vice President for Government and Public Affairs American Council on Education One Dupont Circle, NW, Suite 836 Washington, DC 20036 Terry W. Hartle is the Senior Vice President for Government and Public Affairs at the American Council on Education (ACE). In this position, he directs government relations and public affairs activities for the 1,800 colleges and universities that belong to the nation's largest higher education association. He develops strategies to influence federal policy with both the legislative and executive branches of government, as well as media coverage on a wide range of issues, including student aid, scientific research, diversity. and tax policy. Before joining ACE in 1993, Dr. Hartle was the Education Staff Director of the U.S. Senate Committee on Labor and Human Resources, chaired by Senator Edward M. Kennedy (D-MA). Prior to his Senate staff position, he was Resident Fellow and Director of Social Policy Studies at the American Enterprise Institute for Public Policy Research from 1984-87 and a research scientist for Educational Testing Service from 1975-84. Dr. Hartle is the author of a large number of articles in scholarly journals and the popular media on education policy. He received a doctorate in public policy from The George Washington University in 1982, a master's in public administration from the Maxwell School of Syracuse University, a bachelor's degree in history from Hiram College (OH), and an honorary law degree from Northeastern University in 1996.

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Questions for Janis Sposato Assistant Deputy Executive Associate Commissioner for Immigration Services 1.

How many schools are currently enrolled in SEVIS?

2.

How many schools are certified to accept foreign students?

3.

In your testimony, you describe the two-phase process the INS will use to recertify schools to accept foreign students. A.

B.

Phase I is the preliminary enrollment period, for schools that have been INS-approved for the last three years to admit foreign students, and that are recognized as accredited or Title IV by the Department of Education. These schools are granted access to SEVIS without an on-site visit. I.

What does it mean for a school to have been INSapproved for the last three years? How many schools fall into this category?

II.

What does it mean for a school to be "accredited or Title IV by the Department of Education?" Is this an accreditation that only comes from the United States government, or can it come from some outside entity? Does this mean that the INS is passing off responsibility for investigating schools to a professional organization?

III.

Will these schools all receive on-site visits? When?

Phase 2 is the certification that schools that are not eligible for Phase 1 recertification will receive. You state in your testimony that Phase 2 will involve certification of schools

Questions for the Hon. Glenn Fine Inspector General, United States Department of Justice 1.

What do you think are the major benefits of SEVIS over the INS's prior efforts to track alien students in the United States?

2.

What are the biggest hurdles to INS's full implementation of SEVIS by January 2003?

3.

What are the major weaknesses in the foreign student visa system? What can be done to address those weaknesses?

4.

Is it possible for alien terrorists to exploit the student visa process and gain entry into the United States? How would they do so?

5.

Is the student visa system susceptible to fraud? What sorts of fraud can be perpetrated under the current student visa system? What can be done to prevent fraud in the current student visa system?

6.

Do you believe that there should be some sort of background investigation performed on Designated School Officials? Should any limitations be placed on who should be allowed to be a Designated School Official?

7.

Following your review of the issuance of student visas to Mohammed Atta and Marwan Al-Shehhi, you recommended that the INS provide training programs for both INS schools officers and designated school officials. Why is such training necessary? What sort of training do you think is necessary?

8.

Do you believe that the INS will be able to complete recertiflcation of all of the schools that are authorized to accept foreign students by January 30, 2003? What obstacles does the INS face in achieving that goal?

Questions for Catheryn Gotten Director, International Office Duke University 1.

2.

3.

In your testimony, you state that between January and July 2002, schools using SEVIS identified serious management problems with SEVIS, and that the INS subsequently "re-evaluate[d] and restructure[d] SEVIS." A.

What problems did the schools report?

B.

How did the INS restructure SEVIS?

In discussing problems that the schools identified in the SEVIS system following preliminary enrollment in July 2002, you state that the schools notified the INS and the help desk of those problems, and that the INS corrected immediate major problems and compiled a list of the other problems to be solved. A.

What sorts of problems did the schools identify?

B.

Did the INS tell you when they plan to resolve the other problems that you identified?

The INS shifted from providing informational seminars on SEVIS to staffing a help desk to answer questions about SEVIS in July 2002. A.

What did you think about the INS's decision to discontinue the informational seminars?

B.

Have you used the help desk? What do you think of the help desk?

Questions for Terry W. Hartle Senior Vice President, American Council on Education 1.

In your testimony, you state: '"In the mid 1990s, INS began to develop an electronic system that would allow the information on [international] students to be shared instantly. For a variety of reasons, implementation of this system lagged behind schedule." What were the reasons that the student tracking system lagged behind schedule?

2.

What do you believe the INS needs to do that it has not done to ensure that SEVIS will be implemented in accordance with Congressional mandates? What action, if any. is needed from other government agencies?

3.

You state that schools have had hundreds of technical operational questions and have had very uneven success in getting answers from the INS help desk. Is the INS help desk unable to answer the questions, or have the answers from the help desk been inadequate to address the problems that the schools have had?

4.

Do you think that the INS needs to provide training to the schools before SEVIS can be fully implemented? What sort of training do you think is necessary?