T5 B71 Misc Files Re Dos Visa Policy 3 Of 3 Fdr- 6-10-02 Dos-armitage Letter To Doj Thompson Re Ftttf And Visa Denial 596
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Pol1 THE DEPUTY SECRETARY OF STATED WASHINGTON
/
June 10, 2002
ir
Dear Mr. Th The Foreign Terrorist Tracking Task Force (FTTTF) has been reviewing cases submitted by our overseas posts for Security Advisory Opinions (SAOs). We appreciate very much the effort FTTTF is making to respond to SAO requests. it is very important for us to receive information.and . analysis from the FTTTF as we carry forth our joint efforts to prevent the entry of terrorists into the .United States, Unfortunately, the information we have received from ,,FTTTF so far has been insufficient to permit a consular officer to deny a visa. The information we have received states only that the FTTTF believes the applicants may pose a threat to national security and therefore the FTTTF recommends against issuance. Under the Immigration and Naturalization Act (INA) , only consular officers have the authority to issue or deny visas. All visa refusals must be based on a specific statutory ineligibility,- if there are no grounds under the law on which to deny an alien a visa, the consular officer is required to issue the visa. In order to deny a visa, a consular officer must know or have reason to believe that the applicant is ineligible under one of the specific statutory grounds. For the purposes of our work with FTTTF, we are looking at the terrorism provisions of the ' INA, which are contained in section 212(a)(3)(B). These provisions are quite broad and can be used as an effective tool to prevent the entry of those who have engaged in terrorist activity or are likely to engage in terrorist activity after entry, including those who provide material support for terrorist activities. However,
"The Honorable Larry D. Thompson, Deputy Attorney General.
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of fleers must know the specific actions or associations that may render an applicant ineligible in oZdsar^Eg^I^gslly^.xieny'V visa. It is not enough that" another government agency recommend that a visa be denied because that agency objects to the applicant's entry or that agency believes the applicant is ineligible. All of the officers who review intelligence information relating to terrorism cases recognize the sensitivity of the information. All are cleared at least through the Top Secret level and most have higher clearances. We take necessary precautions to safeguard any sensitive information, including in our communications with consular officers abroad. We would be most appreciative if you could intervene to promote the information sharing that is necessary to ensure that our nation is protected against terrorist threats. Sharing of such information has long been our standard operating procedure with other law enforcement and intelligence agencies. On a related matter, we are also deeply concerned that there has been a delay in responding to many SAOs sent on behalf of refugees. As you are aware, shortly after September 11 the State Department and the FBI participated in an interagency security review of the refugee admissions program. Representatives from INS, DOJ, FBI, NSC and CIA reached an agreement on seven security requirements ultimately endorsed by the Homeland Security Council. One of the new requirements mandates that SAOs be obtained for certain refugees. The requirement specifies that the FBI (which has delegated this authority to the FTTTF) and CIA provide State with a written response within 60 days. Refugees are not allowed to travel until embassies receive a response from the Department that is based on written clearance from the FTTTF and CIA. As of today, 2,617 requests are outstanding with the FBI, and 1,135 of these are overdue. Some of these individuals were approved for admission in FY 2001 and, at current FBI response rates, will not be able to enter the United States until FY 2003. We anticipate increased pressure to resolve' these cases. Any actions that could be taken to "complete these cases, particularly the overdue ones, will be appreciated.
-3-
I am pleased with the progress we have made in our combined efforts working with the Department of Justice and its components. It has been a terrific cooperative effort. I look forward to continued success working together, and appreciate any assistance you can offer in resolving these two issues. Sincerelyt
Tbl Richard L. Armitage
/
June 10, 2002
ir
Dear Mr. Th The Foreign Terrorist Tracking Task Force (FTTTF) has been reviewing cases submitted by our overseas posts for Security Advisory Opinions (SAOs). We appreciate very much the effort FTTTF is making to respond to SAO requests. it is very important for us to receive information.and . analysis from the FTTTF as we carry forth our joint efforts to prevent the entry of terrorists into the .United States, Unfortunately, the information we have received from ,,FTTTF so far has been insufficient to permit a consular officer to deny a visa. The information we have received states only that the FTTTF believes the applicants may pose a threat to national security and therefore the FTTTF recommends against issuance. Under the Immigration and Naturalization Act (INA) , only consular officers have the authority to issue or deny visas. All visa refusals must be based on a specific statutory ineligibility,- if there are no grounds under the law on which to deny an alien a visa, the consular officer is required to issue the visa. In order to deny a visa, a consular officer must know or have reason to believe that the applicant is ineligible under one of the specific statutory grounds. For the purposes of our work with FTTTF, we are looking at the terrorism provisions of the ' INA, which are contained in section 212(a)(3)(B). These provisions are quite broad and can be used as an effective tool to prevent the entry of those who have engaged in terrorist activity or are likely to engage in terrorist activity after entry, including those who provide material support for terrorist activities. However,
"The Honorable Larry D. Thompson, Deputy Attorney General.
/CUVr<;f=7 i i
l V-
v
: -+T-,,-, .
-2-
of fleers must know the specific actions or associations that may render an applicant ineligible in oZdsar^Eg^I^gslly^.xieny'V visa. It is not enough that" another government agency recommend that a visa be denied because that agency objects to the applicant's entry or that agency believes the applicant is ineligible. All of the officers who review intelligence information relating to terrorism cases recognize the sensitivity of the information. All are cleared at least through the Top Secret level and most have higher clearances. We take necessary precautions to safeguard any sensitive information, including in our communications with consular officers abroad. We would be most appreciative if you could intervene to promote the information sharing that is necessary to ensure that our nation is protected against terrorist threats. Sharing of such information has long been our standard operating procedure with other law enforcement and intelligence agencies. On a related matter, we are also deeply concerned that there has been a delay in responding to many SAOs sent on behalf of refugees. As you are aware, shortly after September 11 the State Department and the FBI participated in an interagency security review of the refugee admissions program. Representatives from INS, DOJ, FBI, NSC and CIA reached an agreement on seven security requirements ultimately endorsed by the Homeland Security Council. One of the new requirements mandates that SAOs be obtained for certain refugees. The requirement specifies that the FBI (which has delegated this authority to the FTTTF) and CIA provide State with a written response within 60 days. Refugees are not allowed to travel until embassies receive a response from the Department that is based on written clearance from the FTTTF and CIA. As of today, 2,617 requests are outstanding with the FBI, and 1,135 of these are overdue. Some of these individuals were approved for admission in FY 2001 and, at current FBI response rates, will not be able to enter the United States until FY 2003. We anticipate increased pressure to resolve' these cases. Any actions that could be taken to "complete these cases, particularly the overdue ones, will be appreciated.
-3-
I am pleased with the progress we have made in our combined efforts working with the Department of Justice and its components. It has been a terrific cooperative effort. I look forward to continued success working together, and appreciate any assistance you can offer in resolving these two issues. Sincerelyt
Tbl Richard L. Armitage
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