T5 B64 Gao Visa Docs 1 Of 6 Fdr- 4-1-03 Gao Meeting Re Ins Lookout Data 519

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Law Enforcement Privacy "-.•Prepared by: Kgte Brentzel YPafte prepared: AprH 1., 2003 ' by: Type reviewer name here

Index: Type bundle index here DOC Number: Type document number here DOC Library: Type library name here Job Code: 320172

Record of Interview Discussions wiih\_ Lookout Unit

Title

lariaf

lat the INS

Purpose \o collect and discuss data at the INS Lookout Unit In person meeting Contact Method INS Lookout Unit 1525 Wilson Blvd. Ste. 425 Contact Place April 1, 2003 Contact Date I Supervisory Inspector, INS Lookout Unit INSif Participants

J Supervisory Inspector, Atlanta, on detail at the Lpokout Unit Cathy Muhletaler, INS attorney liaison GAP: Kate Brentzel, Judy McCloskey, Ann Ulrich

Comments/Remarks: We met with] ] Cathy Muhletaleiy and] ]to collect data on 240 visa revocation cases. We had already sent[ Jthe list of 240 individuals whose visas had been revoked for terrorism concerns between September 11, 2001. and December 31, 2002 (this universe of 240 was established by the State Department). Our objectives at the INS Lookout Unit were: •

To collect hard copies of the visa revocation certificate and/or cable that State sent to the INS Lookout Unit. Collect the IBIS printouts that|_ ]had prepared for us on the individuals to verify if, and when, the INS Lookout. Unit posted lookouts after receiving the visa revocations from State. Enter these same names into the Nonimmigrant Information System (NIIS) database to ascertain if, and when, any of the individuals had entered the country either before or after his visa was revoked and if, and when, he had subsequently departed the country.

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Jgave us some background information on NIIS. He said that it only contains information on the entry and exit of non-U.S. and non-Canadian aliens; it does not contain information on U.S. I citizens, permanent residents, or Canadians. It used to be that landed immigrants in Canada (ie • I permanent residents in Canada who are still traveling on the home country passport, and could be | from a country such as Pakistan) did not have to fill out an 1-94 but! Isaid.that this rule i changed about one month ago. Now landed immigrants from Canada have to fill out. I-94s. When I an alien enters the U.S., he fills out an 1-94 form (his application for entry) and hands it to the INS I inspector at the port of entry. The inspector assesses the alien for eligibility to enter the United I States. Upon permitting the alien to enter, he stamps the 1-94 twice, once on the top of the form ! and once on the bottom. The top part stays with the alien, in his passport, and the bottom part goes | to an INS contractor for processing, in which the information on the 1-94 is entered into NIIS.1 I | [said that the contractor that INS uses changes from time to time but that he believes the current processing contractor is in North Dakota. He said that it might take several weeks and Page 1

Record of Interview

9/11 Law Enforcement

Privacy

Prepared by: Kate Brentzel Date Prepared: April 1, 2003 Reviewed by: Type reviewer name here

':

Index: Type bundle index here DOC Number: Type document number here DOC Library: Type library name here Job Code:320172

even up to one month before the port sends a batch of 1-94 forms to the contractor in North Dakota. Once the I-94s reach the contractor, it may take another week before the information is entered into NIIS. Once the alien leaves the U.S., he is supposed to turn in his 1-94 before he leaves. Thus the top Section of the 1-94 is turned in at the port and then collected and sent to INS' contractor so that the alien's departure date is entered into NIIS. J stressed that the NIIS system does not contain complete information. For example, the Lbottom portion of the 1-94, which reflects the alien's entry date, can get lost before it is ever entered into NHS.f Itold us that when he worked at INS' pre-clearance facility in the Bahamas, that one of the airlines which was supposed to be taking I-94s to the U.S. for processing was damping the bags of 1-94 forms off the airplane in order to lighten the plane's load. He said that NIIS often does not have departure information for an individual because, even though the alien has departed, he may not have turned in the top part of his 1-94 when he left Therefore, if there is rjo departure date for an alien in NIIS, it does not definitely mean that he is still in the U.S. We examined the NIIS files for several of the 240 visa revocation cases, we came across one example in which an individual may have entered the country after his visa was revoked because the border inspector may have been using an old version of NAILS (INS1 lookout database). Revocation case #44 involved an alien who entered the U.S. at a seaport three weeks after his visa was revoked.! ^surmised that inspectors at sea ports often board ships in order to inspect the passengers on board, using hand-held computers which often have old, backup copies of NAILS database files, instead of the newest batch of information.

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^stressed the importance of timeliness in receiving revocation certificates from the State Department. She said if State delays a few days in faxing the revocation certificate to the Lookout • Unit (so that it can be entered into NAILS, which uploads into IBIS), then there is a chance that the / ali£n will travel on that visa before INS is notified that it was revoked. ^

jalso commented that even though State makes entries into CLASS for the revocations, Lwhen it makes these entries using a "P3B" or a "00" code, they do not transfer into IBIS. Even ; though State and INS created the VRVK code for all revocation lookouts in August, 2002 (although I \d that IBIS was not prepared to accept VRVK lookouts until October, 2002), she had seen^ittle evidence of State creating any VRVK records since then. Note:[_ ^appeared to be a little testy when discussing State and what she perceived to be that agency's incompetence in sending revocation certificates and in making VRVK entries in CLASS.

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Record of Interview