T5 B59 Dos Docs- Niv 2 Of 5 Fdr- 6-18-03 Harty Memo Re Gao Report Of Visa Revocations 185
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& INFORMATION MEMORANDUM S/ES
June 18, 2003
UNCLASSIFIED- •
TO:
The Deputy Secretary
FROM:
CA - Maura Harty
SUBJECT:
GAO Report of Visa Revocations
The GAO has issued a report on visa revocations, "Border Security: New Policies and Procedures Needed to Fill Gaps in the Visa Revocation Process (GAO-03-798)". The report contains little that is new, and we have long ago addressed with our interagency colleagues the problems that it highlights. In particular, we instituted last year a system in which notices of our visa revocations are automatically conveyed to the INS (DHS) lookout system. Since that time, we have not had any problems similar to those identified by the GAO. The GAO report is an outgrowth of our revocations in July 2002 of 105 visas when the FBI informed us that it had concerns about the applicants after the clearance response deadlines had already passed and the visas had been issued. This failure of timely communications was what led us to drop fixed deadlines ("the clock") for interagency visa clearances shortly thereafter. Subsequent review of all i.105 cases confirm that there was no derogatory information that would have led us to refuse them a visa. There was subsequent congressional interest in these visa revocations. This led to a GAO investigation of the process used by CA to revoke visas and the corresponding process used by INS and the FBI to take domestic enforcement actions related to those revocations. The investigation covered 240 visas (including the 105 mentioned above) that CA revoked between 09/12/2001 and 12/31/2002 because of potential ineligibilities under the terrorism statute of the Immigration and Nationality Act. We revoked the remaining 135 visas prudentially and of our own volition when we received derogatory information that
UNCLASSIFIED
UNCLASSIFIED -2may have related to applicants who had already received visas. It is important to understand that we--continually review new information against visas already issued and revoke visas if there is any possibility that the new information relates to a visa holder. CA revokes visas based on receipt of derogatory information from any of a variety of sources. In each case, we prepare a certificate of revocation, a cable to the field, and make an entry into the visa lookout system. We fax a copy of the certificate to DHS, include DHS and FBI as addressees on the cable, and share the lookout entry through datashare. DHS and FBI are responsible for locating everyone who has already entered the U.S. The volume of such cases increased significantly after 9/11 and GAO identified some shortfalls. The GAO report, which is particularly harsh on the FBI; focuses on the following CA issues: --We faxed copies of all 240 certificates of revocation to INS, but INS officials claim to have only received 155, for a total of 85 certificates missing at INS. --We also sent cables in all of these cases, but INS insists it did not receive the cables in 40 of those 85 cases. --In some instances, we used a lookout code that did not transfer to INS because their system did not accept our code. Within my first month on the job, we began using a special lookout code for revocations and have verified that the INS lookout system is accepting this code through datashare. • : GAO also looked at the domestic enforcement actions taken by INS or other law enforcement agencies, including the FBI, to locate the aliens who were of concern. GAO reportedly determined that no domestic enforcement actions were taken in the 240 cases. Justice, however, has been trying to address this oversight. The House Government Reform Subcommittee on National Security, Emerging Threats and International Relations are holding a hearing on this report today, June 18. The Department, DHS, and DOJ have all been called to testify.
UNCLASSIFIED
UNCLASSIFIED -3Doc: IM to S on GAO report on revocations Drafted: CA/VO: C Barry, Ext: 3-1153 Cleared: CA/P: E Shouse - ok CA/VO/L: S Fischel - ok CA/VO/I: M Sardinas - ok HrMChang subs DrABarry subs P:SSeger subs M:ANamm subs
UNCLASSIFIED
June 18, 2003
UNCLASSIFIED- •
TO:
The Deputy Secretary
FROM:
CA - Maura Harty
SUBJECT:
GAO Report of Visa Revocations
The GAO has issued a report on visa revocations, "Border Security: New Policies and Procedures Needed to Fill Gaps in the Visa Revocation Process (GAO-03-798)". The report contains little that is new, and we have long ago addressed with our interagency colleagues the problems that it highlights. In particular, we instituted last year a system in which notices of our visa revocations are automatically conveyed to the INS (DHS) lookout system. Since that time, we have not had any problems similar to those identified by the GAO. The GAO report is an outgrowth of our revocations in July 2002 of 105 visas when the FBI informed us that it had concerns about the applicants after the clearance response deadlines had already passed and the visas had been issued. This failure of timely communications was what led us to drop fixed deadlines ("the clock") for interagency visa clearances shortly thereafter. Subsequent review of all i.105 cases confirm that there was no derogatory information that would have led us to refuse them a visa. There was subsequent congressional interest in these visa revocations. This led to a GAO investigation of the process used by CA to revoke visas and the corresponding process used by INS and the FBI to take domestic enforcement actions related to those revocations. The investigation covered 240 visas (including the 105 mentioned above) that CA revoked between 09/12/2001 and 12/31/2002 because of potential ineligibilities under the terrorism statute of the Immigration and Nationality Act. We revoked the remaining 135 visas prudentially and of our own volition when we received derogatory information that
UNCLASSIFIED
UNCLASSIFIED -2may have related to applicants who had already received visas. It is important to understand that we--continually review new information against visas already issued and revoke visas if there is any possibility that the new information relates to a visa holder. CA revokes visas based on receipt of derogatory information from any of a variety of sources. In each case, we prepare a certificate of revocation, a cable to the field, and make an entry into the visa lookout system. We fax a copy of the certificate to DHS, include DHS and FBI as addressees on the cable, and share the lookout entry through datashare. DHS and FBI are responsible for locating everyone who has already entered the U.S. The volume of such cases increased significantly after 9/11 and GAO identified some shortfalls. The GAO report, which is particularly harsh on the FBI; focuses on the following CA issues: --We faxed copies of all 240 certificates of revocation to INS, but INS officials claim to have only received 155, for a total of 85 certificates missing at INS. --We also sent cables in all of these cases, but INS insists it did not receive the cables in 40 of those 85 cases. --In some instances, we used a lookout code that did not transfer to INS because their system did not accept our code. Within my first month on the job, we began using a special lookout code for revocations and have verified that the INS lookout system is accepting this code through datashare. • : GAO also looked at the domestic enforcement actions taken by INS or other law enforcement agencies, including the FBI, to locate the aliens who were of concern. GAO reportedly determined that no domestic enforcement actions were taken in the 240 cases. Justice, however, has been trying to address this oversight. The House Government Reform Subcommittee on National Security, Emerging Threats and International Relations are holding a hearing on this report today, June 18. The Department, DHS, and DOJ have all been called to testify.
UNCLASSIFIED
UNCLASSIFIED -3Doc: IM to S on GAO report on revocations Drafted: CA/VO: C Barry, Ext: 3-1153 Cleared: CA/P: E Shouse - ok CA/VO/L: S Fischel - ok CA/VO/I: M Sardinas - ok HrMChang subs DrABarry subs P:SSeger subs M:ANamm subs
UNCLASSIFIED
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