T5 B5 W Hempel's Files 2 Of 2 Fdr- Misc Reference Materials Re Immigration- 1st Pg Scanned For Reference 184

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CATHOLIC SOCIAL SERVICES, INC.,— IMMIGRATION PROGRAM, ET AL., Plaintiffs,

v. TOM RIDGE, SECRETARY, DEPARTMENT OF HOMELAND SECURITY, ET AL.,

| I

Case Nos. Civ S 98-629-LLK and S-86-1343-LKK

j

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION

Defendants. Notice is hereby given that a settlement of the above-entitled class action case has been submitted for the Court's approval. The settlement affects the rights of the following two groups of immigrants who are entitled to object to the proposed settlement: (A) All persons who were otherwise prima facie eligible for legalization under § 245A of the PNA, and who tendered completed applications for legalization under § 245 A of the INA and fees to an INS officer or agent acting on behalf of the ENS, including a QDE, during the period from May 5, 1987 to May 4, 1988, and whose applications were rejected for filing because an INS officer or QDE concluded that they had traveled outside the United States after November 6, 1986 without advance parole. (B) All persons who filed for class membership under Catholic Social Services, Inc. v. Reno, CIV No. S-86-1343 LKK (E.D. Cal.), and who were otherwise prima facie eligible for legalization under § 245 A of the INA, who, because an INS officer or QDE concluded that they had traveled outside the United States after November 6, 1986 without advance parole were informed that they were ineligible for legalization, or were refused by the INS or its QDEs legalization forms, and for whom such information, or inability to obtain the required application forms, was a substantial cause of their failure to timely file or complete a written application. The proposed settlement will allow members of the two groups described above a period of one year to apply for legalization under the 1986IRCA. Applicants who appear to be eligible for legalization will also be entitled to temporary employment authorization. Applications will be confidential and will not used to deport applicants who are denied legalization. The full text of the proposed settlement is available for review at the Office of the Clerk of the Court, 5011 Street, Sacramento, CA 95814, or the Center for Human Rights & Constitutional Law, 256 S. Occidental Blvd., Los Angeles, California 90057, and at www.centerforhumanrights.org/CSSSettlement.pdf. Class members objecting to the proposed settlement must mail their written objections on or before December 29, 2003, to: Clerk (CSS Settlement Objection), United States District Court for the Eastern District of California, 501 I Street, Sacramento, CA 95814, with a copy sent to Peter A. Schey and Carlos Holguin, Center for Human Rights & Constitutional Law, 256 S. Occidental Blvd., Los Angeles, California 90057, and a copy to Earle B. Wilson, United States Department of Justice, Office of Immigration Litigation, P.O. Box 878 Ben Franklin Station, Washington, DC 20044. Hon. Lawrence K. Karlton Senior United States District Judge

Senator Feinstein Introduces Private Bill to Grant Permanent Resident Status to Reedley ...

Page 1 of 4

Senator Feinstein Introduces Private Bill to Grant Permanent Resident Status to Reedley Family January 28, 2004 pdf version Washington, DC — U.S. Senator Dianne Feinstein (D-Calif.) has introduced legislation to grant permanent resident status to members of the Buendia family, a Mexican family living in the Fresno area facing deportation.

The legislation would grant lawful permanent residence status to Jose and Alicia Buendia and their daughter 15-year old Ana Laura. The couple also has a 13-year old son, Jose, who is a United States citizen.

Privacy Notice

Jose and Alicia Buendia have lived in the United States since the 1980s. They currently live in Reedley, Calif., where they own their own home. Jose is a construction worker and has been employed by Bone Construction for the past five years. Alicia works as a seasonal fruit packer. Their daughter, Ana Laura, is in 10,th grade at Reedley High School and has earned a 4.0 GPA. The Buendias will not be deported as long as the private bill is pending before Congress. Without this private bill, the Buendias would have been deported to Mexico on January 31, 2004. Private legislation is usually introduced on behalf of individuals whose compelling circumstances require Congress to act when administrative or legal remedies have been exhausted. The following is the statement which Senator Feinstein entered into the Congressional Record: "Mr. President, I rise today to offer legislation to provide lawful permanent residence status to Jose Buendia Balderas, Alicia Aranda De Buendia and Ana Laura Buendia Aranda, Mexican nationals who live in the Fresno area of California. I have decided to introduce legislation on their behalf because I believe this family is deserving of an exception. Firstly, an immigration judge has granted the family relief, only to have that decision overturned by the Board of Immigration Appeals. Immigration Judge Polly A. Webber held that Jose Buendia and his wife, Alicia Aranda de Buendia, should be

http://feinstein.senate.gov/04Releases/r-buendiaintroduction.htm

6/9/2004

Immigration - Frequently Asked Questions

Page 1 of 2

Frequently Asked Questions On Immigration Late Amnesty Late-amnesty applicants can finally apply for permanent residence. You have until May 31, 2002, to s< application to the INS. "Late amnesty" refers to permanent residence (green card) applications filed late under the 1986 legali: program. The U.S. federal courts forced the INS to extend the original deadline of May 4, 1988. The a found, that the INS had improperly discouraged people from applying. Many late-amnesty applicants have been waiting more than 10 years to get permanent residence. The I estimates that up to 440,000 people may qualify, though my guess is that the number is substantially k Under the Legal Family Equity Act, people who filed for amnesty before Oct. 1, 2000, under the CSS Meese, LULAC vs. INS, or Zambrano vs. INS cases can get permanent residence. To qualify, you mu; applied for a green card under one of these cases before Oct. 1, 2000. And, like all other legalization applicants, you must have 'come to the United States before Jan. 1, 198: lived here in an unlawful status until at least May 4, 1988. You must also pass a U.S. citizenship langu civic knowledge test (or be taking a course in these subjects). Apply for late amnesty by filing INS form 1-485, Application to Regioar Permanent Residence Of Adj Status, a new form 1-485 Supplement D, INS form G-325A, Biographical Information, two immigratic photos (three-quarter profile with your right ear showing), and a filing fee of $330 plus $25 for fingerp You may apply for employment authorization using INS form 1-765, Application for Employment Authorization (fee - $100), and travel permission using INS form 1-131, Application for Travel Docun (fee $95). You must file your LIFE Legalization application by mail. Send your application, certified mail/rerun requested to: VS-Immigration and Naturalization Service, PO. Box 7219, Chicago, 111. 60607-7219. You can get th'e forms and more information at the INS Web site www.ins.com, or by calling the INS 375-5283. (By Alan Wernick)

4 back home

[x] Click here to visit our sponsor

The Datacom Ad Network

http://www.chinatown-online.conVseivices/irnmigration/faq/amnesty.htm

4/26/2004

2005 DIVERSITY IMMIGRANT VISA PROGRAM

Page 1 of 14

U.S. Department of State Bureau of Consular Affairs Visa Services

INSTRUCTIONS FOR THE 2005 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2005) The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 to provide for a new class of immigrants known as "diversity immigrants" (DV immigrants). The Act makes available 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. The annual DV program makes permanent residence visas available to persons meeting the simple, but strict, eligibility requirements. Applicants for Diversity Visas are chosen by a computer-generated random lottery drawing. The visas, however, are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to citizens of countries sending more than 50,000 immigrants to the U.S. in the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year. The entry period for the DV-2005 Diversity Visa Lottery ended December 31, 2003. It is now too late to submit new DV-2005 entries. New entries will not be accepted. The Department of State Warns of impostor or fraudulent Websites. There have been instances of fraudulent websites posing as official US Government sites. Some companies posing as the US Government have sought money in order to "complete" applications. Learn more For DV-2005, natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. in the previous five years: CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible. ENTRIES FOR THE DV-2005 DIVERSITY VISA LOTTERY MUST BE SUBMITTED ELECTRONICALLY BETWEEN SATURDAY, NOVEMBER 1, 2003 AND TUESDAY, DECEMBER 30, 2003. APPLICANTS MAY ACCESS THE ELECTRONIC DIVERSITY VISA ENTRY FORM AT 'WWW.DVLOTTERY.STATE.GOV DURING THE 60 DAY REGISTRATION PERIOD BEGINNING NOVEMBER 1. PAPER ENTRIES WILL NOT BE ACCEPTED.

REQUIREMENTS FOR ENTRY • Applicant must be a native of one of the countries listed beginning on page 10. See "List Of Countries By Region Whose Natives Qualify." Native of a country whose natives qualify: In most cases this means the country in which the applicant was born. However, if a person was born in a country whose natives are ineligible but

http://travel.state.gov/dv2005 .html

4/15/2004

16

The^al-Qaeda Documents: Vol. 1 - Tempest Publishing - www.tempestpublishinq.com

UK/BM-22 TRANSLATION Financial Security Precautions: 1.

2. 3. 4. 5.

Dividing operational funds into two parts: One part is to be invested in projects that offer financial return, and the other is to be saved and not spent except during operations. Not placing operational funds [all] in one place. Not telling the Organization members about the location of the funds. Having proper protection while carrying large amounts of money. Leaving the money with non-members and spending it as needed.

Forged Documents

(Identity Cards. Records Books. Passports)

The following security precautions should be taken:

1.

2. 3.

4.

5.

Keeping the passport in a safe place so it would not be ceized by the security apparatus, and the brother it belongs to would have to negotiate its return (I'll give you your passport if you give me information) All documents of the undercover brother, such as identity cards and passport, should be falsified. When the undercover brother is traveling with a certain identity card or passport, he should know all pertinent [information] such as the name, profession, and place of residence. The brother who has special work status (commander, communication link, ...) should have more than one identity card and passport. He should learn the contents of each, the nature of the [indicated] profession, and the dialect of the residence area listed in the document... The photograph of the brother in these documents should be without a beard. It is preferable that the brother's public photograph [on these documents] be also without a beard. If he already has one [document] showing a photograph with a beard, he should replace it. When using an identity document in different names, no more than one such document should be carried at one time.

27

/'Documents: Vol. 1 -Tempest Publishing - www.tempestpublishinq.com

OK/BM-23 TRAHSIATION 7. 8. 9. 10.

The validity of the falsified travel documents should always be confirmed. All falsification matters should be carried out through the command and not haphazardly (procedure control) Married brothers should not add their wives to their passports. When a brother is carrying the forged passport of a certain country, he should not travel to that country. It is easy to detect forgery at the airport, and the dialect of the brother is different from that of the people from that country.

Security Precautions Related to the Organizations' Given Names: 1. 2.

The name given by the Organization [to the brother] should not be odd in comparison with other names used around him. A brother should not have more than one name in the area where he lives (the undercover work place)

28 The.

Diversity Immigrant Visa Program is announced for the year 2000 (08/16/98)

Page 1 of 3

Diversity Immigrant Visa Program is announced for the year 2000

Below is a statement provided by James Rubin, spokesman for the U.S. Department of State, about the Diversity Immigrant Visa Program (DV-2000). Section 203(c) of the Immigration Act of 1990 makes available 55,000 permanent (immigrant) resident visas each year by random selection through a diversity visa lottery (DV-2000). (The Nicaraguan and Central American Relief Act passed by Congress in November 1997 stipulates that 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NCARA program.) The DV2000 registration mail-in period will be held from noon on Thursday, October 1, 1998, through noon on Saturday, October 31, 1998.

Q: How are the visas being apportioned? A: The visas will be apportioned among six geographic regions. A greater number of visas will go to those regions that have lower immigration rates. There is a limit of 3,500 visas to natives of any one foreign state. Information about the visa allotments for each region is unavailable at the present time. Q: Who is not eligible? A: Persons born in "high admission" countries are, in most instances, not eligible for the program. "High admission" countries are defined as those from which the United States has received more than 50,000 immigrants during the last five years in the immediate relative, family and employment preference categories. Each year, the Immigration and Naturalization Service adds the family and employment immigrant admission figures for the previous five years, to identify the countries that must be excluded from the annual diversity lottery. Since there is a separate determination made prior to each lottery entry period, the list of countries that do not qualify is subject to change each year. For the year 2000 "high admission" countries are: China (mainland and Taiwan), India, the Philippines, Vietnam, South Korea, Poland, United Kingdom and dependent territories, Canada, Mexico, Haiti, Jamaica, El Salvador, Colombia, and the Dominican Republic. Persons born in Hong Kong SAR and Northern Ireland are eligible to apply for the DV-2000 lottery. Q: What are the requirements? A: An entrant must be a native of a qualifying country, He or she must also have either a high school education or its equivalent, or within the past five years have two years of work experience in an occupation that requires at least two years of training or experience. There is no initial application fee or special application form to enter. The entry must be typed or clearly printed in English on a sheet of plain paper and must include the applicant's full name; date and place of birth for both the applicant and for the spouse or any minor children who might also wish to immigrate;

http://www.ukrweekly.com/Archive/1998/339816.shtml

4/15/2004

vember 6, 2003 Immigration News Update

Page 2 of 7

experiencing, there are issues of information sharing within the DHS that may seriously undermine the deployment of the system. A recent statement from a government spokesperson seems to indicate that the databases of the different immigration agencies will not be integrated by the time US-VISIT is deployed. If this is true, individuals whose visa extensions are pending with Citizenship and Immigration Services may be erroneously denied entry to the United States simply because of a lack of communication between the immigration groups within DHS. As the first stage of US-VISIT implementation approaches, we will keep you informed of any new pertinent developments. To read a fact sheet about the US-VISIT program, go to: http://www.dhs.gov/dhspublic/display?content=736 2. Attorney General Gives FBI Agents Immigration Powers The Attorney General has issued an order delegating to the FBI full authority to "exercise the powers and duties of the Immigration Officers." This order, which pertains primarily to FBI counterterrorism investigations, may also have implications for all foreign nationals in the United States. The order gives the FBI authority to investigate and arrest foreign nationals who have committed or are committing non-criminal, i.e., civil violations of Immigration law. A memorandum circulated to all FBI offices from the FBI General Counsel summarizes the order. According to the General Counsel's memo, the order gives FBI agents authority "to exercise the functions of immigration officers in some circumstances" and provides "guidance on the implementation of this authority." Specifically, FBI agents can now exercise the functions of immigration officers when: (1) "investigating, determining the location of, and apprehending, any alien who is in the United States in violation of the [immigration law and regulations] relating to" visas, admission, or the maintenance of status; or (2) "enforcing any requirements of such statutes or regulations, including, but not limited to, nonimmigrant aliens subject to special registration." The memo also states that the order grants FBI agents the authority to arrest a foreign national without a warrant when they have reason to believe the alien is present in the United States in violation of an immigration provision, a standard "that can be met by an admission from the alien, a review of immigration records, or other reliable information." Although the FBI insists that the new authority will ordinarily be used only in support of ongoing investigations, agents will have the option of exercising the authority at any time. 3. Religious Worker Program Extended until 2008 A bill to extend the immigrant visa category for certain foreign religious workers passed Congress and has been signed into law by the President. The new law extends the special immigrant religious worker program, in its current form, until 2008.

http://www.twmlaw.com/resources/news 11 6 03 .html

2/25/2004

Federation for American Immigration Reform: Most 9/11 Terrorists Carried Florida Drive... Page 1 of 1

Federation for American Immigration Reform Most 9/11 Terrorists Carried Florida Driver's Licenses, Says FAIR April 12,2004

Gov. Bush's Proposal Would Endanger American Lives Again (Tallahassee, FL—April 12, 2004) Most of the 9/11 terrorists carried a Florida Driver's license or ID card, the very identification documents that Governor Jeb Bush recently endorsed giving to illegal aliens in Florida, says the Federation for American Immigration Reform. According to FAIR, 12 of the infamous hijackers possessed the coveted documents, which illegal aliens and would-be terrorists use to establish residency, open bank accounts, get a job and board airplanes, and even re-enter the U.S. from Mexico, Canada or the Caribbean. FAIR is holding a press conference today in Tallahassee just prior to testimony before the legislature. The press conference will begin at 2:30 at the Waller Park area, just behind the Capitol by the fountains. Jim Staudenraus, Eastern Regional Field Director of the Federation for American Immigration Reform, urged Governor Bush to rethink his decision to support giving driver's licenses to illegal aliens in Florida. "Florida is once again making itself a terrorist friendly state. Not only did most of the 9/11 assassins carry the state's drivers license, but three of them attended flight school there," said Staudenraus. In his statement endorsing the idea of giving illegal aliens driver's licenses, Governor Jeb Bush said that "the bill he is backing has enough safeguards that it would ensure terrorists would not get licenses." That's "outright untrue," says Staudenraus. "The bill's security measures are entirely bogus. Virtually all of the 9/11 hijackers would have been eligible for a Florida driver's license under the proposed new rules," he added. Nationally, the state driver's license is very coveted among illegal aliens, who use the universally accepted identifier to establish themselves as legal residents in the U.S. "Our chain of enforcement against global terrorism is only as strong as its weakest link," said Staudenraus. "And Governor Bush has decided to announce to the world that Florida is laying out the welcome mat for illegal aliens and would be terrorists," he added. The 9/11 hijackers who carried a Florida driver's license or identity card included:

•

Nawaf al-Hamzi;

•

Waleed al-Shehri;

•

Wail (or Wael) al-Shehri (ID card);

•

Abdulazizal-Omari;

•

Marwan al-Shehhi;

•

Ahmed al-Ghamdi (ID card);

•

Hamza Saleh al-Ghamdi;

•

Ziad Samir Jarrah;

•

Saeed al-Ghamdi (ID card);

•

Ahmed Ibrahim A. al-Haznawi;

•

Ahmed Abdullah al-Nami (ID card); and

•

Mohammad Atta

, ] A 0 V M. LL-

The bill that Governor Bush has endorsed, SB 1360, lets illegal aliens use third pai banned by other states after it was discovered that they were sold to several 9/11 terr6fl5l5 U) fiyi[) IMfe1!!! ULHyill UIIUUI b> HUdllbUb. n enaubu, uiib DIM would constitute a gold plated invitation to illegal aliens to live and work illegally in Florida at the taxpayers' expense," added Staudenraus. "This bill is bad for public safety, bad for immigration enforcement, and bad for Homeland security," he added.

http://www.fairus.org/news/NewsPrint.cfm?ID=2398&c=34

5/27/2004

X 3. The Absconder Apprehension Initiative (AAI) (U) Absconders are non-citizens who willfully fail to depart the United States after receiving a final order of deportation from an immigration judge. As such they are susceptible to federal felony prosecution.1 After September 11, INS Commissioner James Ziglar proposed the inclusion of the names of 314,000 absconders in the National Crime Information Center (NCIC) database accessible by State and local law enforcement." To meet NCIC standards, every absconder entry had to be supported by a set of fingerprints and a photograph so that the Law Enforcement Support Center (LESC) could electronically transmit them to the querying law enforcement official within ten minutes."1 If the absconder's identity was confirmed, then the INS could place a detainer or arrange for an INS agent to take the individual into custody and proceed with removal. Finding terrorists was not a focus of the program.lv Attorney General Ashcroft liked the idea and Commissioner Ziglar announced it on December 5, 2001.v Shortly thereafter, based on a recommendation from an aide to the Attorney General, the initiative was recast as a counterterrorism program. Deputy Attorney General Thompson on January 25, 2002 provided guidance for the newly named Absconder Apprehension Initiative (AAI). He explained that the object of the initiative was to deport 314,000 alien fugitives known as absconders in two phases. The first phase was to focus on several thousand priority absconders "who come from countries in which there has been al Qaeda terrorist presence or activity . . . because some of them have information that could assist our campaign against terrorism." The second phase of the initiative was to locate and deport the remaining absconders." (U) The INS National Security Unit (NSU) took charge of the project."1 There were approximately 5,200 priority absconder subjects when the project began."" By the summer of 2002, the initiative had resulted in the apprehension of approximately 700 fugitives.1X By early 2003, 1,139 of the designated absconders had been apprehended; immigration authorities had removed from the country 803 of these, and 224 were in custody and awaiting removal. No absconders who were removed as part of the Phase I group were deported under a terrorism statute, prosecuted for terrorist related crimes, or linked in any way to terrorism. The Commission does not know how many of the 5,000 AAI cases were entered into NCIC, but we believe that not all of them were, and that only a minority may have been entered due to the poor quality of the INS' records. In addition, the Commission believes the remaining absconders who were not apprehended in the first phase of the program no longer receive special attention from INS/DHS enforcement personnel.

8 USC 1253 (failure to depart, imprisonment up to four years, 10 years if a criminal); 8 USC 1324d (failure to depart, civil fine of $500 a day); 8 USC 1326 (reentry after deportation, imprisonment from two to 20 years). " Ziglar MFR. iji NCIC 2000, Operating Manual, Section 5.6 iv Ziglar MFR. v Ziglar MFR.

Recent Results of the Board of Directors Meeting

Home

About AAMVA

Committees

Page 1 of2

Events

Products & Services

Links

New Room

Account

Map

AAMVA May 2!

^Recent Results of the Board of Directors Meeting

Outcome of the Board of Directors Meeting in Saskatoon, Saskatchewan Vehicles Legislation Training Standards ID Security E-government

Statement Regarding Use of Driver's License/ID Card for Creating Databases The Board of Directors has unanimously passed a motion stating that it does not support the use of the driver's license/ID card for creating database records that contain personal information and, furthermore, any business that intends to use the DL/ID card for that purpose does so only with the informed consent of the individual.

Statement Regarding Use of DL/ID Card for Creating Databases Approved Residency Definition Letter to AAMVA Membership (Sept 12, 2002) About the Board of Directors

Library

Board of Directors Approved Residency Definition* The approved definition states: A person must have an actual physical dwelling place in the jurisdiction it which he or she seeks to obtain a driver's license or an identification care a person has a dwelling place in more than one jurisdiction, he or she mu choose one jurisdiction when applying for a driver's license or an identification card. In no event shall a person obtain or hold a driver's license or an identification card from more than one jurisdiction at any on time. A jurisdiction shall not issue a driver's license or an identification card to < person who does not have an actual physical dwelling in the jurisdiction I which the person is applying for a driver's license or identification card, li state law requires that a person obtain a driver's license from thejurisdict in which the person is employed, and the person does not have an actua dwelling place in the employing jurisdiction, a jurisdiction may issue a pei a driver's license only if the jurisdiction is satisfied that the person does n have another driver's license or identification card issued by another jurisdiction. * AAMVA is developing guidelines to help individual jurisdictions deal with exceptions to the above definition.

92001 American Association of Ualor Vehicle Administrators 4301 Wilson Blvd. Sulla 400 Arllnalon, VA 22203 p.703-522-4200 f.703-522-1SS

http: //www. aamva. org/about/abtBoardOfDirectorsRecentResults. asp

Updated: JE

5/28/2004

Page 1 of 1

http://www.seminolesheriff.org/traveling criminals/Jimenez genaro_dl.jpg

5/27/2004

1ACP - Documents - Chief Counsel's Archive

INTERNATIONAL ASSOCIATION

Page 1 of3

CHIEFS OF POLICE IACP, search FAQs

IACP Home About IACP Membership International Conferences Leadership Calendar Training Unlcs Jobs Research Center

| Contact Us

| Other IACP Sites

Legislative Activities Capitol Report Legislative Alert State Legislative News Testimony and Communication Legislative Agenda Viewpoints Contact Congress Call for a National Commission Amicus Brief Model Statutes Project Legal Officers Section Chiefs Counsel Column Resolutions The War on Terror's "Absconder Initiative"

Foundation Resolutions Publications Awards/ Campaigns Legislative Activities Professional Assistance Divisions/ Sections/ Committees

By Craig E. Ferrell Jr. By Craig E. Ferrell Jr., Deputy Director, Administrative General Counsel, Chiefs Command Legal Services, Houston, Texas, Police Department September 1 1 , 2002, marked the one-year anniversary of the terrorist attacks on the United States. As we all know by now, some of the hijackers were in this country legally, while others had overstayed their visas. President Bush's proclamation of a "war on terror" includes efforts to track down other foreign nationals in this country with possible ties to terrorist organizations. The task of locating foreign nationals remaining in the United States after their visas have expired (absconders) is daunting at best. In an attempt to gain the assistance of state and local law enforcement agencies across the country, the Federal Bureau of Investigation and the U.S. Department of Justice listed the names of these absconders on the National Crime Information Center (NCIC) database. The FBI requested that any agency coming into contact with an absconder listed on NCIC detain that individual until federal authorities could arrive and take over the investigation. Before September 11, 2001, state and local law enforcement agencies rarely became involved in immigration issues, let alone enforcing immigration laws. There are five basic problems that all agencies have in common when considering the enforcement of immigration laws. First, federal warrants issued for absconders or "status violators" are typically civil in nature, and law enforcement agencies generally restrict their activities to the criminal investigation arena. In 1994 police in Katy, Texas, a suburb of Houston, conducted raids in search of illegal immigrants. These raids resulted in the temporary detention of more than 80 Hispanics who were either U.S. citizens or legal residents. Civil rights groups filed a federal lawsuit that ultimately resulted in a settlement agreement wherein the city agreed that the enforcement of the civil provisions of U.S. immigration laws were a matter within the exclusive province of the U.S. Immigration and Naturalization Service (INS) (Perez v. Pat Adams, City of Katy, No. H-94-2461, October 10, 1999). Second, there are questions concerning the authority of a municipal police officer to arrest an individual on a federal civil warrant. In February 1996, the Department of Justice issued a written opinion stating that local police agencies had no legal authority to detain immigrants for being in the country illegally— a civil offense. While the department subsequently changed its position, there are no definitive U.S. Supreme Court decisions concerning this question. Therefore, uncertainty and confusion still exist in this area of law.

htt4)://wwwAheiacp.org/documents/index.cfni?document_id=359&fuseaction=document&s...

6/16/2004

Page 1 of 8 STATEMENT

OF

MICHAEL T. DOUGHERTY DIRECTOR OF OPERATIONS FOR BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT U.S. DEPARTMENT OF HOMELAND SECURITY

REGARDING A HEARING ON

"THE WAR ON TERRORISM: IMMIGRATION ENFORCEMENT SINCE SEPTEMBER 11, 2001"

BEFORE THE

HOUSE SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY, AND CLAIMS COMMITTEE ON THE JUDICIARY

MAY 8, 2003 2P.M. 2237 Room Rayburn House Office Building

MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, thank you for the opportunity today to update you on the Bureau of Immigration and Customs Enforcement's (BICE) efforts to combat terrorism. No mission of the U.S. government is more important than protecting the Nation and the American people against future terrorist attacks, and that is the paramount responsibility of the newly created Department of Homeland Security (DHS). The work of BICE is an indispensable part of fulfilling this responsibility. As you know, BICE has only recently been formed and I am especially pleased to be able to provide you with an update on initiatives begun under the now legacy Immigration and Naturalization Service (INS) and how these operations will be managed by their new custodian, BICE. We as a nation are proud of our globally celebrated-and unmatched-commitment to embracing those

http://www.house.gov/judiciary/dougherty050803.htm

3/29/2004

Page 1 of 8

STATEMENT OF

JOSEPH R. GREENE ASSISTANT COMMISSIONER FOR INVESTIGATIONS U.S. IMMIGRATION AND NATURALIZATION SERVICE BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON IMMIGRATION AND CLAIMS REGARDING THE INS INTERIOR ENFORCEMENT STRATEGY WEDNESDAY, JUNE 19, 2002 2237 RAYBURN HOUSE OFFICE BUILDING 2:00 P.M.

MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, I am pleased to have the opportunity to testify before you regarding the Immigration and Naturalization Service's (INS) Interior Enforcement Strategy, and our efforts to increase the domestic security of the United States. As preliminary matter, and as you know, Mr. Chairman, the President recently announced his proposal for a new Department of Homeland Security. The INS strongly supports the creation of this new cabinet-level department, as proposed by the President and the Commissioner considers this an important and very positive development for the security of our nation and for the mission and employees of the INS. In this new structure, the INS will become a key part of one of the largest agencies in the Federal Government and will be partners in what is the most important mission of our government: protecting the American people and ensuring the safety of our institutions and our precious freedoms. Enforcing our nation's immigration laws in the interior of the United States has always been an

http://www.house.gov/judiciary/greene061902.htm

3/29/2004

PURPOSE, SCOPE, AND METHODOLOGY We conducted the current review to determine whether the Immigration and Naturalization Service (INS) had improved its effectiveness at removing nondetained aliens with final orders, and whether the INS took the actions it agreed to in response to the five recommendations we made in our 1996 report. The scope of this review included all aliens who received final orders of removal from the Executive Office for Immigration Review (EOIR) during a 15-month period from October 1, 2000 through December 31, 2001. The EOIR's Office of Information Resource Management provided us with a database of all aliens issued final removal orders. In each case, the aliens either had exhausted their appeals with the EOIR or did not appeal the initial court decision. Each case included 86 data elements pertinent to our report, including the alien's name, file number (A-file number), nationality, date of entrance, custody status, criminal and asylum statuses, court appearance details, and final removal decision. The original EOIR database had 145,361 cases drawn from the Automated Nationwide System for Immigration Review (ANSIR).10 Although we did not independently assess the reliability of the ANSIR data in this review, we did omit 2,678 duplicate or multiple cases.11 In addition, we omitted 1,768 cases that were under appeal with the Office of Immigration Litigation because the INS cannot execute a final order of removal while it is under appeal. To maintain comparability with our 1996 sample, we did not remove cases where Deferred Enforced Departure or Temporary Protected Status might have prevented the INS from carrying out the removal orders.12 Our final database totaled 140,915 cases. 10

ANSIR is the Information Resource Management System that provides the EOIR with case tracking and management information.

. .*+- \L

11

The INS creates a unique A-file number for each alien. However, duplicate cases in ANSIR allowed different aliens to share the same A-file number. Multiple cases in ANSIR had several different entry lines for the same alien with the same A-file number due to numerous court hearings and appeals, which could not fit into one data field.

12

Temporary Protected Status for Nationals of Designated States (P.L. 101-649) authorizes the U.S. Attorney General to temporarily exempt from removal aliens who are in a protected status because of instability in their country. In 2002, the TPS countries included: Sierra Leone, Burundi, Sudan, Montserrat, Kosovo, Nicaragua, El Salvador, Honduras, and Angola. Deferred Enforced Departure (Executive Order 12711) was issued in 1990, by President George H.W. Bush to temporarily protect aliens from the People's Republic of China from removal. Presidents William J. Clinton and George W. Bush, through Presidential Memoranda, granted this relief from removal to Haitians and Liberians in 1997 and 2001, respectively.

U.S. Department of Justice Office of the Inspector General Evaluation and Inspections Division

'

.Government Computer News (GCN) daily news — federal, state and local government tec... Page 1 of 2

Magic or Scienc

GCN Search GCN Advanced Search

luickfind I Help

Biometrics C ontent Man agement Dtft me IT E- Government Homeland Security IT Infrastructure Mobiles Wireless New Products / Technology Outsourcing Policy / Regulation Procurement Section 508 Security State & Local Storage Work force / Training Enterprise Architecture Executive Center Portfolio / Program / Project Current Management Edition

GCN In print Government Computer News Subscribe

GCN Management Sponsor message

The Internet's a dangerous

Government Computer News I GCN.com

*POSI

Thursday May 6, 2004 1 Updated 10:32 AM EST May 6

Current Issue

Columnists

Products Central

—i

Site Map

Events

Subscribe

03/05/04

H Printer-Friendly Version

DHS slammed on database merger

jlt] Purchase A Reprint

By Wilson P. Dizard III GCN Staff

-

Sponsorship Information and

The chairman of the House Appropriations Subcommittee on Homeland Security yesterday cited a gruesome assault by a deported felon in denouncing the administration's failure to provide FBI fingerprint data to the Border Patrol.

Secure mobile sr

Homeland Security Department secretary Tom Ridge, appearing before the subcommittee, rejected the charge leveled by Rep Harold Rogers (R-Ky.) as well as the Justice Department inspector general's report that integrating the databases involved could take another four years. Rogers cited Tuesday's inspector general report in his condemnation of DHS and Justice's failure to establish connections between the FBI Integrated Automated Fingerprint Identification System database and the DHS IDENT system, also known as the Automated Biometric Identification System.

pentium0 HP Comp

Border Patrol agents caught Victor Manual Batres, a Mexican citizen, twice in two days as he tried to enter the country from Mexico in January 2002, according to the IG report. Neither time did Border Patrol officers check the FBI's IAFIS database for information about Batres, who had a 15-year criminal history including several aggravated felony convictions and at least one prior deportation. Batres voluntarily returned to Mexico and crossed the border illegally in September 2002, the IG said. He traveled to Oregon and brutally raped two Catholic nuns, strangling one of them with her rosary. Batres is serving a life sentence for murder without possibility of parole, according to the report. If the Border Patrol agents had had access to IAFIS, the IG said, they could have detained Batres for re-entry after deportation, which is easy to prove and generally carries a stiff prison term. "The Justice Department IG has just issued a report that we are vulnerable to infiltration by t criminals because of delays in making FBI fingerprint data available to the Border Patrol," Re during the hearing. "Why can't we just get this fixed?" Rogers said he lays the blame on "bur anrl tnlH RiHno "Wo ana Innkinn tn \/oi i" tn intenrato th^ Hatahacec

http://www.gcn.com/voll_nol/daily-updates/25162-1.html

5/6/2004

IDENT/IAFIS Integration Status Report

Page 1 of 3

Return to the USDOJ/OIG Home Page Return to the Table of Contents

Status of IDENT/IAFIS Integration Report No. 1-2002-003 December 7, 2001

BACKGROUND This Office of the Inspector General (OIG) report describes the progress made to integrate the Immigration and Naturalization Service's (INS) automated biometric fingerprint identification system (IDENT) and the Federal Bureau of Investigation's (FBI) integrated automated fingerprint identification system (IAFIS). The report provides a brief history of the efforts by the INS and the FBI to integrate their automated fingerprint identification systems, then summarizes what has been done since the Department of Justice (DOJ) issued an implementation plan in March 2000 to integrate the systems. The report also describes significant changes in the integration plan since August 2001 and details the current status of the integration project. Finally, the report provides our recommendation that the INS continue to use and deploy IDENT while proceeding to integrate IDENT and IAFIS.

The INS's Automated Biometric Fingerprint Identification System (IDENT) In 1989, Congress provided the initial funding for the INS to develop an automated fingerprint identification system. One of the main purposes of the system was to identify and track aliens who were repeatedly apprehended trying to enter the United States illegally. The system was also intended to identify apprehended aliens who were suspected of criminal activity, had outstanding arrest warrants, or who had been previously deported. According to the 1989 conference report describing Congress's rationale for funding the project: The conferees are concerned over the so-called "revolving door" phenomenon of illegal entry by aliens. This phenomenon involves repeated attempts by aliens to cross U.S. borders, requiring continual apprehension, removal and repeat apprehension of the same individual by INS officials. Illegal immigration continues at alarming rates, and criminal alien statistics provided by the INS indicate a growing proportion of aliens are drug smugglers, known criminals and suspected terrorists. Emerging technology in the area of automated fingerprint identification systems has the potential for providing empirical data to clearly define the problem of recidivism as well as immediately identify those criminal aliens who should remain in the custody of INS. Between 1991 and 1994, the INS conducted several studies of automated fingerprint systems, primarily in the San Diego, California, Border Patrol Sector. These studies demonstrated to the INS the feasibility of using a biometric fingerprint identification system to identify apprehended aliens on a large scale. In September 1994, Congress provided almost $30 million for the INS to deploy its fingerprint identification system. In October 1994, the INS began using the system, called IDENT, first in the San Diego Border Patrol Sector and then throughout the rest of the Southwest Border. In the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, Section 326, Criminal Alien Identification System, Congress specifically directed the INS to expand the use of IDENT "to apply to illegal or criminal aliens apprehended Nationwide." This Act also directed the INS to: operate a criminal alien identification system . . . to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to removal

http://www.usdoj .gov/oig/inspection/plus/0203/back.htm

5/6/2004

8. ENFORCEMENT This section provides information about actions taken by the Immigration and Naturalization Service to prevent illegal entry into the United States and to apprehend and remove deportable aliens from the United States.

Enforcement of Immigration Laws The Immigration and Naturalization Service (INS) has the initial responsibility of determining who may be admitted to the United States. The INS also has the responsibility of enforcing immigration laws within the United States and on the borders. These responsibilities include locating and arresting aliens who are in violation of the Immigration and Nationality Act (INA), i.e., aliens attempting an illegal entry, aliens who successfully complete an illegal entry, and aliens who entered the United States legally but have since lost their legal status. The arrests are known as apprehensions. Almost all of the work involved in locating and arresting aliens is done by either Border Patrol agents or Investigations special agents. Immigration inspectors work to prevent the entry of inadmissible aliens at a port of entry. The custody and processing of apprehended aliens and certain aliens refused entry are a joint effort involving arresting agents, INS attorneys, and detention and deportation officers. Aliens refused admission or apprehended may be removed from the United States as described below. The September 11 terrorist attacks The September 11, 2001 terrorist attacks impacted the enforcement work done by the INS, which is reflected in the statistics reported in this section. Notable among these impacts are a change in the types of cases worked by investigators, and increased controls on migration—both at ports of entry and between ports of entry. These impacts are discussed in the sections below. Border Patrol The primary mission of the U.S. Border Patrol is to secure the 8,000 miles of land and water boundaries of the United States between ports of entry. The major objectives of the Border Patrol are to prevent illegal entry into the United States, interdict drug smugglers and other criminals, and compel those persons seeking admission to present themselves legally at ports of entry for inspection. The

INS "prevention through deterrence" strategy calls for deploying Border Patrol agents along the border to prevent and deter illegal entry, rather than apprehending undocumented immigrants after they have entered the United States. Border Patrol operations are divided into 21 sectors. The southwest border covers four states (California, Arizona, New Mexico, and Texas) and divides into nine sectors: San Diego and El Centre in California; Yuma and Tucson in Arizona; El Paso sector covering New Mexico and the western-most portion of Texas; and Marfa, Del Rio, Laredo, and McAllen in Texas. The remaining 12 sectors are: Livermore, California; New Orleans, Louisiana; Miami, Florida; Havre, Montana; Blaine and Spokane in Washington; Grand Forks, North Dakota; Buffalo, New York; Swanton, Vermont; Detroit, Michigan; Ramey, Puerto Rico; and Houlton, Maine. Investigations Program The Investigations Program focuses on the enforcement of immigration laws within the interior of the United States. Special agents plan and conduct investigations of persons and events subject to the administrative and criminal provisions of the INA. Agents use both traditional and modern technological methods, including forensic science, to investigate violations of immigration law and aliens involved in criminal activities. They often work as team members in multi-agency task forces against terrorism, violent crime, document fraud, narcotic trafficking, and various forms of organized crime. They also seek to identify aliens who are incarcerated and deportable as a result of their criminal convictions. In addition, agents monitor and inspect work sites to apprehend unauthorized alien workers and to impose sanctions against employers who knowingly employ them. Apprehensions at places of employment may result in removal from the workplace and also can result in removal from the United States. Inspections Program Immigration inspectors determine the admissibility of aliens who have arrived at a designated port of entry. There are approximately 300 such ports in the United 171

V

Evaluation and Inspection Report

Page 1 of 5

Return to the USDOJ/OIG Home Page Return to Table of Contents

The Immigration and Naturalization Service's Removal of Aliens Issued Final Orders Report Number 1-2003-004 February 2003

EXECUTIVE DIGEST Each year, millions of aliens attempt to enter the United States without proper documentation, or enter legally but overstay or violate their visas. In March 1996, we reported that the Immigration and Naturalization Service (INS) was effective at removing detained aliens given final removal orders by the Executive Office for Immigration Review (EOIR).l We found that the INS removed almost 94 percent of these individuals. However, we also found that the INS was ineffective at apprehending and removing nondetained aliens.2 The INS removed only 11 percent of our sample of nondetained aliens ordered to leave the country. Our March 1996 review contained five recommendations to improve the INS's effectiveness at apprehending and removing nondetained aliens. We conducted this current review to determine whether the INS had improved its effectiveness at removing nondetained aliens with final orders, and whether the INS actually implemented the actions it had agreed to take in response to the five recommendations in our 1996 report. We found that, since our 1996 report, the INS maintained its effectiveness at removing detained aliens. However, the INS continues to be largely unsuccessful at removing aliens who are not detained, removing only 13 percent of nondetained aliens with final removal orders. Moreover, we examined three important subgroups of nondetained aliens and found that the INS was also ineffective at removing potential high-risk groups of nondetained aliens. The subgroups we examined were aliens: • from countries that the U.S. Department of State identified as sponsors of terrorism - only 6 percent removed, • with criminal records - only 35 percent removed, and • who were denied asylum - only 3 percent removed. We also reviewed the INS's implementation of the corrective actions it agreed to take in response to our 1996 report, and we found that it failed to take or complete corrective actions in a timely manner. In several instances, the INS acted to implement our recommendations only after the September 11, 2001, terrorist attacks, although it had agreed to act much sooner.

Results in Brief The INS remains effective at removing detained aliens. Both our 1996 report and a 1998 U.S. General Accounting Office (GAO) report examined the INS's removal of detained aliens with final orders, and these reports found that the INS removed 94 and 92 percent of detained aliens, respectively.2 Given the strong results reported in both reviews, we selected a nominal sample of 50 cases of detained aliens ordered removed from October 1, 2000 through December 31, 2001,

http://www.usdoj .gov/oig/inspection/INS/0304/exec.htm

5/5/2004

INS Main Page

Page 1 of 2

JNS Law Enforcement Support Center (IESQ) The United States Immigration and Naturalization Service (INS) is expanding its service to law enforcement. This new resource is the Law Enforcement Support Center (LESC). It provides a link between local, state, and federal officers in the field and the vast database maintained by the INS. Users have direct terminal access via the LEDS network. The following article by SSA Walter T. Hempel II, INS, describes the system and how it works. The INS, a part of the Department of Justice, is responsible for the control of aliens within the country. Its role in the border areas is well known but enforcement within the interior of America is less recognized. In these areas, the Investigations Branch has over 2,000 special agents to conduct criminal and administrative investigations on suspected violations of the Immigration Act, which includes narcotics trafficking, terrorism, and numerous "aggravated felonies." Violators can be deported from the United States administratively and/or face Federal prosecution. The problem of criminal alien activity continues to grow. The threat is not confined to the large metropolitan areas. Offices in small towns and rural America encounter foreign-born individuals on a daily basis. When a federal, state, or local law enforcement officer arrests an alien, the INS may be able to provide vital information and guidance. Federal law provides for mandatory detention of serious criminal violators. An INS detainer can often mean the difference between keeping an individual who presents a threat to the community and/or is likely to abscond in custody, and that same individual walking out the revolving door of justice before the arresting officer has completed the processing paperwork. The problem facing the law enforcement community is how to obtain timely and accurate information from INS. The answer is the Law Enforcement Support Center (LESC). This facility, located in South Burlington, Vermont, operates twenty four hours a day, seven days a week. It is staffed by trained special agents and highly skilled analysts. Although the vast databases of the INS are not totally automated, most inquiries are answered in less than twenty minutes. This response provides information on the alien's immigration status, previous deportations, or removals, location of any relating files, and the location and telephone number of the INS enforcement unit responsible for the location of the requester. Additionally, photographs and fingerprints may be available to assist in the identification of criminal aliens. The gateway to the LESC is the National Law Enforcement Telecommunications System (NLETS). Officers use their state criminal justice network to access a dedicated message key, using standard NCIC format, the required identifying data is entered and electronically transmitted to the LESC. The Center's personnel check criminal records and the INS database. The results are analyzed and a response is prepared. The information is sent to the requesting officer with a copy sent to the local INS enforcement office. Currently the LESC provides access to Arizona, Colorado, Florida, Illinois, Iowa, Kansas, Kentucky, Massachusetts, Missouri, Nebraska, North Carolina, South Dakota, Tennessee, Utah, Vermont, Wyoming, and the Territory of Puerto Rico. Federal law enforcement agencies also have access in these areas. Working with the State Department, the center is providing service to U.S. law enforcement agents around the globe. County jails have a critical need for INS information, as an inmate may be processed and released to the street in a short period of time, thereby eluding deportation prosecution. Correctional facilities with large numbers of foreign-born inmates can launch an LESC query as part of their regular booking process. Currently all foreignborn inmates in Dade County, Florida, Maricopa County, in Arizona, San Diego and San Mateo Counties in California, are reviewed. The LESC is rapidly expanding to additional areas of the United States. Through law enforcement agency use of the LESC, thousands of violent criminal aliens are identified each month. This new and expanding partnership between the INS Investigations Branch and law enforcement agencies will greatly enhance public safety. Aliens who have been deported previously for serious felony convictions (termed "aggravated felonies"), if located again in the United States, routinely face anywhere from four to eight years in a federal correctional facility. Others are wanted on existing warrants of deportation. The LESC stands ready to assist local, state, and federal officers. It offers quick and easy access through the existing state law enforcement networks. It only takes a minute to fill in the required information and send it to the

state nr.iis/trainins/comDendium/ins.htm

6/8/2004

NEW YORK CITY'S 'SANCTUARY' POLICY AND THE EFFECT OF SUCH POLICIES ON PUBLIC SAFETY, LAW ENFORCEMENT, AND IMMIGRATION

HEARING BEFORE THE

SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY, AND CLAIMS OF THE

COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS FIRST SESSION

FEBRUARY 27, 2003

Serial No. 4 Printed for the use of the Committee on the Judiciary

Available via the World Wide Web: http://www.house.gov/judiciary U.S. GOVERNMENT PRINTING OFFICE 85-287 PDF

WASHINGTON : 2003

For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

Archives of Rudolph W. Giuliani - Speech announcing Immigration Coalition

Page 1 of 3

Announcement of Immigration Coalition Archives of Rudolph W. Giuliani US Custom House Thursday, January 9,1997,11:00 a.m.

I'm very pleased to be here today to announce the establishment of my Immigration Coalition, which includes celebrities, business leaders and community organizations who oppose anti-immigrant initiatives. Fundamental to its mission is to highlight and educate the public about the important contributions that immigrants have made, and continue to make, to our city and our country. In addition to the establishment of this Coalition, I'm also proud to announce that we are releasing a report prepared by the Department of City Planning, entitled "The Newest New Yorkers: 1990-1994," which provides an in-depth look at immigration patterns in the 1990's. The report details how immigration continues to affect our city and reveals that, just as it has always been, immigration is the key to our city's growth and prosperity. Standing here at the foot of the Statue of Liberty, I cannot think of better place to launch this Coalition, or a more poignant setting to remind New Yorkers about our country's strong immigrant tradition. A point of entry for 16 million immigrants, Ellis Island stands tribute to New York City's proud tradition of welcoming immigrants from all over the world. And as Congress convenes this February, the Coalition's first order of business will be to emphasize to Congress and the President the need to repeal the portions of the welfare and immigration laws that are unfair and perhaps unconstitutional. These laws not only discriminate against immigrants but undermine the health and safety of all Americans as well. Each year the U.S. accepts approximately 700,000 legal immigrants into our nation. Most of these immigrants came here because they want to create a better life for themselves...they want to achieve...and they challenge each of us to do better. And that is evidenced by the fact that immigrants work and own businesses in slightly higher percentages than native-born Americans. Their hard work and self-determination adds to the economic opportunities and prosperity of our city and our nation. In return for their privileges of American residency, immigrants pay federal, state, and local taxes at the same rate as native-born Americans.

http://www.nyc.gov/hrml/rwg/html/97ayimmcoal.html

6/9/2004

TABLE 42. PRINCIPAL ACTIVITIES AND ACCOMPLISHMENTS OF THE INS INVESTIGATIONS PROGRAM FISCAL YEARS 1992-2002

Activities and accomplishments Criminal investigations: 1 Cases completed Defendants prosecuted Defendants convicted Employer investigations: 2 Cases completed Warnings Notice of Intent to Fine Final orders Arrests Fraud investigations: 3 Cases completed Defendants prosecuted Defendants convicted Smuggling investigations: 4 Cases completed Smugglers arrested Smuggled aliens arrested Defendants prosecuted Defendants convicted Entered without inspection/ status violators: 5 Cases completed Aliens arrested

1992

38,716

1993

1994

1995

1996

1997

1999

2000

2,027 1,688

45,291 2,041 1,954

46,236 2,386 2,172

45,619 1,965 1,590

54,065 1,468 1,254

74,612 1,436 1,166

87,093 2,195 1,704

100,044 2,754 2,409

90,519 3,802 3,022

7,053 840 1,461 1,063 8,027

6,237 758 1,302 944 7,630

6,169 683 1,063 836 7,554

5,283 550 1,055 909 10,014

5,149 668 1,019 808 14,164

7,537 733 862 777 17,552

7,788 642 1,023 535 13,914

3,898 383 417 297 2,849

1,966 282 178 180 953

3,428 532 494

4,416 525 421

5,800 308 225

6,455 389 257

4,369 613 339

4,843 332 190

4,613 447 310

4,300 509 338

3,733 483 259

7,073 13,454 38,498 3,030 NA

6,955 1 1 ,244 48,017 2,491 NA

4,750 8,787 53,078 2,029 NA

5,358 8,580 68,203 2,636 NA

2,643 4,699 43,243 3,360 2,838

1,171 3,381 35,084 2,287 1,737

2,033 2,812 45,128 1,830 1,183

2,043 4,253 41,364 1,951 1,199

3,309 4,139 46,001 2,618 1,474

24,048 6,507

23,841 7,375

19,364 8,458

23,624 8,793

33,138 15,365

33,910 13,702

25,407 11,337

27,085 13,879

38,311 14,963

Criminal alien cases include large-scale organizations engaged in ongoing criminal activity and individual aliens convicted of crimes such as terrorism or drug trafficking. 2 Employer investigations target employers of unauthorized aliens and include criminal investigations, administrative investigations, auxiliary investigations, INS Headquarters Investigation Project, and Department of Labor ESA-91. 3 Fraud investigations seek to penetrate fraud schemes of all sizes and degrees of complexity which are used to 1

1998

ASYLUM

Page 1 of2

ASYLUM The number of applications for asylum in September 2003 decreased 32 percent compared to the number filed in September 2002. The pending caseload was 14 percent lower than in the same month last year. Month Sep-2093 Sep-2002 % Change

FY2003 to Date

Fiscal Year FY2002 to Date

Total % Change FY2M2

3,372

4,937

-32

48,656

66,577

-27

66,577

814

1,580

-48

12,176

19,611

-38

19,611

Denied

1,088

1,453

-25

13,119

15,734

-17

15,734

Otherwise Closed

4,045

6,172

-34

49,736

32,527

53

32,527

1,187 262,102

1,553 303,828

-24 -14

15,687 262,102

18,529 303,828

-15 -14

18,529 303,828

Cases Filed Approved

Referred to IJ Fend ins

IJ - Immigration Judges at the Executive Office for Immigration Review (EOIR). Cases filed - includes both new and reopened applications. Denied - includes applications rejected under the one-year filing deadline. Data Source: RAPS

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/ASYLUM.HTM

5/4/2004

NATURALIZATION BENEFITS

Page 1 of2

NATURALIZATION BENEFITS Naturalization receipts in September 2003 increased 4 percent while approvals/oaths were down 41 percent aru denials were down 50 percent when compared to September 2002. During fiscal year 2003, receipts were down 2 percent while 455,884 applicants for naturalization took the oath of citizenship, a decrease of 23 percent compare* to fiscal year 2002.

Receipts Approvals/0 aths Denied Fending

Sep-2003 41,112 46,612 10,536 621,794

Month1 Sep-2002 % Change 39,432 4 78,920 -41 21,137 -50 623,519 0

Fiscal Fear FY 2093 to Date FY 2002 to Date %Ckaxge 523,740 700,649 -25 455,884 589,728 -23 91,599 139,779 -34 621,794 623,519 0

Total FY2M2 700,645 589,72E 139,775 623,515

Data Source: PAS G-22.3

1 Receipts and Pending do not reflect an estimated 13,000 N-400S filed but not data entered.

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/NATZ.HTM

5/4/2004

APPLICATIONS FOR IMMIGRATION BENEFITS

Page 1 of2

APPLICATIONS FOR IMMIGRATION BENEFITS Applications and petitions for immigration benefits in September 2003 increased 23 percent compared to tf number received in September 2002. September approvals were up 25 percent, while denials decreased by percent when compared to September 2002. For fiscal year 2003 receipts increased 4 percent, while approve decreased 15 percent compared to fiscal year 2002. Month Sep-20&2

Sep-2003 Initial Receipts1 Approved Denied Fending1

617,970 503,335 62,052 5,510,553

%Ckange

501,047 403,929 63,603 4,383,154

Fiscal Year Total FY2002 to Date % Change FY20K

FY2063toDate

23 25 -2 26

6,324,496 5,690,938 635,557 4,383,154

6,559,773 4,840,433 667,755 5,510,553

4 -15 5 26

6,324,4£ 5,690,9: 635,5' 4,383,1::

Data Source: PAS G-22.2

1

Receipts and Pending do not reflect an estimated 2,900 l-485s filed but not data entered.

Applications for Benefits: Receipts, Approved, and Fending 1,000,000 f

I 6,000,000

900,000 5,000,000

800,000 700,000 -

4,000,000

0)

S 600,000 • Oa. <* 500,000 :

sn .= 3,000,000

a. '« 400,000 • m

2,000,000

300,000 • •

-Initial Receipts -Approved -Pending

200,000

100,000 0

H o O

rs

1 o

CD

rs

1

I—H CD O (N

rs CD

o rs

H

1

rs CD o rs

1

1 O

rs

h

rs o o

H

cs1 o o rs

1,000,000

1

1 o o

1

1

en CD o

1

1

en CD o

1

1

en o o

o o

CM

CO

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/BENEFIT.HTM

5/4/2004

INVESTIGATIONS

Page 1 of2

INVESTIGATIONS Successful completions of criminal alien cases for September 2003 decreased 6 percent when compared to September 2002, while the same comparison for employer completions showed an increase of 10 percent. Fraud completions in September 2003 increased 77 percent when compared to the same month last year, while smuggling completions increased by 7 cases or 23 percent. For fiscal year 2003, criminal alien cases increased by 3 percent, employer cases decreased by 6 percent, and fraud and smuggling cases increased by 33 and 28 percent, respectively, when compared to fiscal year 2002. Achieved Objectives

Month Sep-2003 Sep-2002 %Change

Criminal Alien Cases Employer Cases Fraud Cases Smuggling Cases

FY2003 to Date

Fiscal Year FY2 002 to Date

Total % Change FY2062

4,076

4,350

-6

49,639

48,390

3

48,390

53 196 38

48 111 31

10 77 23

1,058 1,389 426

1,127 1,047 332

-6 33 28

1,127 1,047 332

Data Source: PAS G-23.19 & 19.1 Note: FY 2003 data does not include casework completed by Las Vegas

Criminal, Worksite, and Fraud Cases Successfully Completed

5,000 -

Criminal Alien Cases Employer Cases Fraud Cases

I

1

1

1

1

Definitions: Achieved Objectives: a "closed" case where an adverse action has been taken against the

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/IVST.HTM

5/4/2004

Audit Report

Page 1 of 4

Return to the USDO3/OIG Home Page Return to the Table of Contents

Immigration and Naturalization Service's Premium Processing Program Report No. 03-14 February 2003 Office of the Inspector General

EXECUTIVE SUMMARY The Office of the Inspector General, Audit Division, has completed an audit of the Immigration and Naturalization Service's (INS) Premium Processing program. The Premium Processing program was established in June 2001 to allow for the payment of a service fee for expedited processing of certain employment-based applications. The INS guarantees processing of premium petitions within 15 calendar days for the basic application fee ($130) and an additional service fee of $1,000. According to the regulation that established the Premium Processing program and INS's internal budget documents, the INS will use Premium Processing revenue to hire additional adjudicators, contact representatives, and support personnel to provide service to all its customers and to improve the infrastructure so as to reduce backlogs for all types of petitions and applications. Currently, only the Form 1-129, Petition for Non-Immigrant Worker, is eligible for the Premium Processing program. The audit focused on determining if: (1) the INS was achieving the program goals for the expedited processing of employment-based petitions and applications; (2) the processing times for similar routine petitions and applications changed significantly after the implementation of the Premium Processing program; and (3) the implementation of the mandated Interagency Border Inspection System (IBIS) check procedures impacted the Premium Processing service.1 Our audit examined the Premium Processing program for the period from June 2001 through October 2002. We reviewed Premium Processing activities at the INS Headquarters in Washington D.C., and at the INS's four service centers: St. Albans, Vermont; Dallas, Texas; Laguna Niguel, California; and Lincoln, Nebraska.

I. Summary of Audit Findings Although we found that the INS is essentially meeting its 15-day processing requirement for premium petitions, we identified the following deficiencies in the Premium Processing program: • The Premium Processing program has adversely affected the time required to adjudicate routine applications and petitions. Consequently, more applicants are paying the $1,000 Premium Processing fee to assure adjudication within 15 calendar days. The mandate to adjudicate premium applications within 15 days has contributed in part to the increased backlog of routine petitions at the service centers. The backlog has steadily increased since the second quarter of fiscal year (FY) 2002, reaching 3.2 million in September 2002. Thus, a program whose purpose was ultimately to reduce or eliminate adjudications backlogs may be having the unintended consequence of increasing at least some of those backlogs.

http://www.usdoj.gov/oig/audit/INS/0314/exec.htm

4/15/2004

~~

federal Bureau of Investigation - Facts and Figures 2003

Page 1 of32

Investigative Technologies: The Investigative Technologies Division provides technical and tactical services in support of investigators and the Intelligence Community, including electronic surveillance, cybertechnology, and wireless and radio communications, as well as the development of new investigative technologies and techniques and the training of technical Agents and personnel. Fingerprint Identification: The FBI maintains the Integrated Automated Fingerprint Identification System (IAFIS), a state-of-the-art automated system which accepts and processes The FBI has transitioned from a paper-based fingerprint submissions and related system for fingerprint matching to a completely transactions electronically, and serves as a automated system. repository for criminal history records, which are accessed by users when searching for arrest record information, and maintains the FBI's national database of fingerprint features. IAFIS has the database of fingerprint features. IAFIS has the capability to process up to 62,500 ten-print fingerprint searches and 635 latent fingerprint searches daily. IAFIS is administered by the Criminal Justice Information Services Division, based in Clarksburg, West Virginia. National Crime Information Center: NCIC is a nationwide computerized information system accessed by more than 80,000 law enforcement and criminal justice agencies at all levels of government. It provides a computerized index of documented criminal justice information on crimes and criminals, and it includes locator-type files on missing and unidentified persons. NCIC averages 3.5 million transactions per day. This system includes the following files: Gun File—records stolen and recovered weapons that are designed to expel a projectile by air, carbon dioxide, or explosive action License Plate File—records stolen license plates, acts as an early warning to police officers during traffic stops Missing Persons File—provides centralized computerized system to help law enforcement locate individuals, including children, who are not wanted on any criminal charges ATF Violent Felon File—lists individuals prohibited from possessing a firearm due to three or more felony convictions or serious drug offenses Unidentified Persons File—cross-references unidentified bodies against records in the Missing Persons File US Secret Service Protective File—maintains names and other information on individuals who are believed to pose a threat to the President and/or others afforded protection by the US Secret Service Vehicle File—assists in the recovery of a stolen vehicle, a vehicle involved in the commission of a crime, or a stolen part Violent Gang and Terrorist Organizations File—became operational in 1995 to identify violent gangs and their members; also contains records about terrorist organizations and their members Wanted Persons File—records individuals (including juveniles who will be tried as adults) for whom a federal warrant, a felony, or serious misdemeanor warrant is outstanding Fingerprint Searches—stores and searches on the right index fingerprint; search inquiries compare the print to all fingerprint data on file (wanted persons and missing persons) Convicted Sex Offender—records the names of individuals who are convicted sexual offenders or

http ://www.fbi.gov/libref/factsfigure/factsfiguresapri2003 .htm

5/5/2004

Page 1 of2

INVESTIGATIONS

INVESTIGATIONS Successful completions of criminal alien cases for September 2003 decreased 6 percent when compared to September 2002, while the same comparison for employer completions showed an increase of 10 percent. Fraud completions in September 2003 increased 77 percent when compared to the same month last year, while smuggling completions increased by 7 cases or 23 percent. For fiscal year 2003, criminal alien cases increased by 3 percent, employer cases decreased by 6 percent, and fraud and smuggling cases increased by 33 and 28 percent, respectively, when compared to fiscal year 2002. Achieved Objectives Criminal Alien Cases Employer Cases Fraud Cases Smuggling Cases

Month Sep-2003 Sep-2062 %Cha«ge 4,076 53 196 38

4,350 48 111 31

-6 10 77 23

FF 2003 to Date

Fiscal Year FF2 062 to Date

49,639 1,058 1,389 426

Total % Change FY2602

48,390 1,127 1,047 332

3 -6 33 28

48,390 1,127 1,047 332

Data Source: PAS G-23.19 & 19.1 Note: FY 2003 data does not include casework completed by Las Vegas

Criminal, Worksite, and Fraud Cases Successfully Completed

5,000 - •

Criminal Alien Cases Employer Cases Fraud Cases

Definitions: Achieved Objectives: a "closed" case where an adverse action has been taken against the

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/IVST.HTM

5/4/2004

SOUTHWEST BORDER APPREHENSIONS

Page 1 of2

SOUTHWEST BORDER APPREHENSIONS The U.S. Border Patrol made 72,176 apprehensions along the southwest border during September 2003, a 6 pei increase when compared to September 2002. Voluntary returns conducted by Border Patrol agents increased percent from a year ago to 65,737. For fiscal year 2003, apprehensions were down 3 percent and voluntary ret were down 5 percent compared to fiscal year 2002.

Southwest Border Sep-2003

Month Sep-2002

%Change

FY 2003 to Date

Fiscal Fear FY2002 to Data

*<»-,.

Apprehensions

72,176

68,263

6

905,065

929,809

-3

Voluntary Returns

65,737

63,614

3

836,672

884,380

-5

Data Source: PAS G-23.8 & G-23.18

Southwest Border Total Apprehensions 200,000

Apprehensions Seas onally A djuste d Apprehensions

Seasonally adjusted apprehensions increased in September 2003 by 4 percent when compared to August 2003, the fifth monthly increase since April 2003. In FY 2002, Central American apprehensions on the southwest border reached 21,750, a decrease of 765 v compared to the previous year. For fiscal year 2003, southwest border Central American apprehensions reached 31,049, an increase of 43 percent compared to fiscal year 2002. Of the 31,049 Central Americans apprehended in FY 2003, 45 percent were Honduran, 30 percent were El Salvadoran, 22 percent were Guatemalan, and 2 percent were Nicaraguan.

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/SWBORD.HTM

5/4/2004

REMOVALS

Page 1 of2

=I=IJ.I*A«:«

3*;vada REMOVALS

Total removals for September increased 1 percent compared to the same month a year before. In September 2 DHS removed 13,462 aliens from the United States, 5,598 of these aliens were criminals. Month Sep-2003* Sttp-2002 Deportable Inadmissible Total Removals Criminal Removals Non-criminal Removals

3,304 10,158 13,462 5,598 7,864

3,858 9,435 13,293 5,882 7,411

% Change

FF2&&3toDate

-14 8 1 -5 6

Fiscal Fear FY2092toDate

48,120 133,859 181,979 77,710 104,269

46,111 103,874 149,985 71,447 78,538

T %Ckaxgt Flf

4 29 21 9 33

i 1C 1' j J

Data Source: HQSTA DACS Monthly Extract

* - Current Monthly Data are Preliminary.

Removals by Type

Total Removals Criminal Removals N on-criminal Removals

The current month's statistics are preliminary. Historically there have been significant upward revisions in th

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/REMOVAL.HTM

5/4/2004