T5 B9 Alien Absconder Initiative Fdr- Press- Org And Govt Info And Reports- Testimony- 1st Pgs For Reference

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*** REPORT ON POST-9/11 DETENTIONS Released by the

LIBERTY AND SECURITY INITIATIVE OF THE CONSTITUTION PROJECT

June 2, 2004

MEISSNER TESTIFIES ON INS DETENTION ISSUES

Page 1 of 12

1998 Congressional Hearings Intelligence and Security

TESTIMONY OF DORIS MEISSNER COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE DEPARTMENT OF JUSTICE BEFORE THE SUBCOMMITTEE ON IMMIGRATION COMMITTEE ON THE JUDICIARY U.S. SENATE

CONCERNING INS REFORM: DETENTION ISSUES SEPTEMBER 16, 1998 226 DIRKSEN SENATE OFFICE BUILDING 2:OO PM

Introduction

Thank you Chairman Abraham, and members of the Subcommittee, for the opportunity to appear before you today to discuss the Immigration and Naturalization Service's (INS) Detention Program -- where we have come from, where we are today, and what has to be done to get where we need to be.

Strengthening this country's capacity to detain and remove criminal and other deportable aliens is one of the key components of INS' comprehensive strategy to deter illegal immigration and to protect public safety. The Detention Program is a critical component of both the border and interior enforcement efforts of INS. Without an effective program, apprehending deportable aliens becomes a training exercise, lacking credibility and producing little result.

Establishing an effective Detention Program, however, requires more than simply enhancing our capacity to detain and remove deportable aliens. We must ensure that this capacity is being exercised consistently and humanely nationwide. Additionally, we have to be sensitive to the unique circumstances of those asylum-seekers who are placed in our detention system and guarantee that their claims are adjudicated as expeditiously as possible. People who come to this

http://www.fas.org/irp/congress/1998_hr/98091631Jlt.html

4/1/2004

ICE DEPORTATION OFFICERS NAB 108 ABSCONDER ALIENS

Page 1 of2

U.S. Immigration ; and Customs Enforcement

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Press Release December 16, 2003

ICE DEPORTATION OFFICERS NAB 108 ABSCONDER ALIENS Two Child Sexual Predators Among Most Recent Arrests EL PASO, Texas—Detention and Removal (DRO) officers from U.S. Immigration and Customs Enforcement (ICE) arrested two more child sexual predators under the Absconder Apprehension Initiative (AAI) that was established in January 2002 bringing the total number of criminal alien arrests to 108 since March 2003. ICE DRO is continuing to enforce a Department of Justice directive to locate, apprehend and remove aliens who have failed to surrender for removal or comply with an Immigration Judge's removal order. In response to this directive, ICE DRO established the National Fugitive Operations Program (NFOP) in February 2002 to identify, locate, apprehend, process and remove fugitive aliens from the United States. The designated NFOP teams work solely on absconder cases, concentrating on locating and apprehending fugitive aliens who were ordered removed from the United States. As part of the NFOP program, ICE DRO this week arrested two Mexican Nationals who had committed sexual crimes making them deportable. The first of the two individuals is: ALFONSO SNELL RODRIGUEZ, 58, who was arrested Dec. 9 after exhausting a lengthy appeals process to the Board of Immigration Appeals (BIA). He was convicted of aggravated sexual assault of a child in 1997. The second individual is RODOLFO OLAGUE ARMENDARIZ, 73, who was arrested Wednesday, also after the BIA denied his appeal. In 1998, he was convicted of aggravated sexual assault of a child. RODRIGUEZ and ARMENDARIZ were U.S. permanent residents holding green cards. However, their felony convictions made them subject to removal proceedings. Both have been turned over to Mexican immigration officials, and both are barred for life from returning to the United States due to their criminal convictions. "El Paso's ICE Fugitive Operations Program is committed to protecting our community— especially our children—from predatory criminals," said Robert E. Jolicoeur, Detention and Removal Field Office Director. "When we remove these criminal aliens and absconders from

http://www.ice.gov/graphics/news/newsrel/articles/absconderaliens_121603.htm

3/29/2004

LIMITED OFFICIAL USE / LAW ENFORCEMENT

3™ AGENCY NOTIFICATION SIGNIFICANT INCIDENT REPORT (SIR) Attorney General Absconder Initiative Project To: Fax:

Headquarters National Security Unit (HQNSU) Regional JTTF Coordinator 202-305-0833 (HQ) [802-660-5064 (ERO) / 214-905-5571 (CRO) / 949-360-2579 (WRO)]

Fm:

(Name/Title) (Office / Phone) (Date/Time)

3rd AGENCY NOTIFICATIONS Absconder Name: A#:

A.

United States Attorney's Office: ATTF Coordinator POC Name and Telephone Number: Date and Time of Notification: Criminal Prosecution:

Authorized Federal Charge: 1-247 DETAINER LODGED Declined

B.

Federal Bureau of Investigation:

FBI POC Name and Telephone Number: FBI Assessment:

Terrorism Association (Further FBI Investigation Necessary) Criminal Association (Further FBI Investigation Necessary) No Further FBI Investigation

**THIS FORM MUST BE RETURNED TO HQNSU & REGIONAL JTTF COORDINATOR NO LATER THAN 72 HOURS AFTER ARREST OF ABSCONDER **

Attach any additional relevant information to this cover sheet and forward it concurrently LIMITED OFFICIAL USE / LAW ENFORCEMENT SENSITIVE

LIMITED OFFICIAL USE / LAW ENFORCEMENT

INVESTIGATIVE CASE STATUS SIGNIFICANT INCIDENT REPORT (SIR) Attorney General Absconder Initiative Project To: Fax:

Headquarters National Security Unit (HQNSU) Regional JTTF Coordinator 202-305-0833 (HQ) [ 802-660-5064 ( ERO) / 214-905-5571 (CRO) / 949-360-2579 (WRO) ]

Fm:

(Name/Title) (Office / Phone) (Date/Time)

I. DETAILS (NOTE: ONE FORM MUST BE SUBMITTED FOR EACH ABSCONDER APPREHENDED) Absconder's Name / Alien Number: Date and Place of Birth: Citizenship: Immigration Charge on Warrant of Removal/ Deportation: Custody Location : Type of Contact / Status:

Arrest Initial Arresting Agency: Date / Time / Location of Arrest: Investigative Leads Indicate SUBJECT Residing in Other District (_ J [List District Code /e.g. BUF] / Fugitive Folder to be returned to HQNSU Not Located /Leads Exhausted /Fugitive Folder to be returned to HQNSU II. ASSOCIATED SIGNIFICANT INVESTIGATIVE EVENTS

A. Other INS Arrests:

NO YES [List below]

List SUBJECT(s) Name(s) /Alien Number(s) / Charges (e.g. Overstay/EWI) / Custody Status 1 2 3

B. Agent's Notes [List any noteworthy events (i.e. Terrorism Intelligence /Firearms/ Narcotics)]:

** THIS FORM MUST BE RETURNED IMMEDIATELY TO HQNSU & REGIONAL JTTF COORDINATOR AFTER ARREST OF ABSCONDER OR APPROPRIATE ACTION ** Attach any additional relevant information to this cover sheet and forward it concurrently LIMITED OFFICIAL USE / LAW ENFORCEMENT SENSITIVE

LIMITED OFFICIAL USE / LAW ENFORCEMENT

NOTIFICATION OF REMOVAL SIGNIFICANT INCIDENT REPORT (SIR) Attorney General Absconder Initiative Project To:

Headquarters National Security Unit (HQNSU) Regional JTTF Coordinator Fax:

202-305-0833 (HQ) [802-660-5064(ERO) / 214-905-5571 (CRO) / 949-360-2579 (WRO)]

Fm:

(Name/Title) (Office / Phone) (Date/Time)

I. DETAILS (NOTE: ONE FORM MUST BE SUBMITTED FOR EACH ABSCONDER REMOVED) Absconder's Name/Alien Number: Date and Place of Birth: Citizenship: Immigration Charge on Warrant of Removal/ Deportation: Date of Removal: Port of Departure/Airline Flight #:_ Country Removed To: Escorted by D&R to Removal Country:

YES

NO 1-205 Completed with Photograph and Fingerprint:

YES

NO Agent's Notes [List any noteworthy events relating to Absconder's Removal]

**THIS FORM MUST BE RETURNED TO HQNSU & REGIONAL JTTF COORDINATOR IMMEDIATELY AFTER REMOVAL OF ABSCONDER ** Attach Completed Copy of Executed Warrant of Removal / Deportation and any additional relevant information to this cover sheet and forward it concurrently

LIMITED OFFICIAL USE / LAW ENFORCEMENT SENSITIVE

In Tracking Down "Absconders," DOJ to Target Nationals of Countries Where Al Queda ... Page 1 of 2

National

Immigration

IMMIGRATION LAW & POLICY

Law

Center

Arrest and

Detention

IN TRACKING DOWN "ABSCONDERS,11 DOJ TO TARGET NATIONALS OF COUNTRIES WHERE AL QUEDA IS ACTIVE Immigrants'Rights Update, Vol. 16, No. 1, February 28, 2002

The U.S. Dept. of Justice is implementing an "Absconder Apprehension Initiative" in order to locate, apprehend, interview, and deport non-U.S. citizens who are subject to final removal orders and who have failed to surrender for removal, according to a memo from Deputy Attorney General Larry Thompson to agencies within the DOJ responsible for implementing the plan. According to the memo, the Immigration and Naturalization Service has determined that there are approximately 314,000 such individuals, termed "absconders." The initiative will focus its initial efforts on several thousand individuals from countries where Al Queda, the organization presumed to be responsible for the Sept. 11,2001, terrorist attacks on New York and Washington, D.C., has been active. The DOJ calls these individuals "priority absconders." The memo says that some of them "have information that could assist our campaign against terrorism." The memo sets out the process for apprehending and interviewing the priority absconders. The first step is for the department's Foreign Terrorist Tracking Task Force to draw the names of priority absconders from the INS Deportable Alien Control System database, search public databases to determine a last known address for the absconder, and search other investigation databases to remove from the list individuals who are subjects or targets of other investigations. Then the INS is to review the A-files of priority absconders to confirm "that the absconder was on notice and that the deportation warrant remains valid," after which the INS is to enter the names into the National Crime Information Center database (NCIC). With copies of relevant information from each absconder's A-file, the INS is to create and transmit an "absconder fugitive file" to the INS field office located in the judicial district of the absconder's last known address. Local INS and FBI field offices are to coordinate in forming apprehension teams for locating, apprehending, and interviewing each absconder. The memo notes that INS agents can arrest absconders based on the warrant of deportation, while other federal officers can arrest them, under section 243 of the Immigration and Nationality Act, for the felony of willfully failing to depart. The memo cautions that, unlike the Interview Project, which involved consensual interviews (for more on the Interview Project, see "Justice Dept. Announces Plan to Interview 5.000 Men." Immigrants' Rights Update, Dec. 20, 2001, p. 2), this initiative is directed at persons who violated the law by failing to comply with a deportation order and, in some cases, by committing other criminal acts. Therefore, they "are to be apprehended and treated as criminal suspects, and they are to be afforded all standard procedural rights and constitutional protections." Absconders are to be advised of their Miranda rights, and the interview should proceed only if they waive those rights.

http://www.nilc.org/immlawpolicy/arrestdet/ad046.htm

3/29/2004

TESTIMONY OF JAMES W. ZIGLAR COMMISSIONER IMMIGRATION AND NATURALIZATION SERVICE

BEFORE THE HOUSE COMMITTEE ON THE JUDICIARY SUBCOMITTEE ON IMMIGRATION AND CLAIMS

ROOM 2141, RAYBURN HOUSE OFFICE BUILDING MARCH 19, 2002, 4:00 P.M.

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By Craig E. Ferrell Jr. By Craig E. Ferrell Jr., Deputy Director, Administrative General Counsel, Chiefs Command Legal Services, Houston, Texas, Police Department September 11, 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.

http://www.theiacp.org/documents/index.cfm?fuseaction=document&document_type_id=l...

6/8/2004

jroups sue over immigration data - The Washington Times: Nation/Politics

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Several pro-immigration and civil rights groups yesterday filed a class-action • Groups sue over lawsuit to stop the government from immigration data entering immigration information into a • Hinckley freed for national crime database, saying the data is day trips being misused in the wake of the September 11 attacks on America. Filed in U.S. District Court in New York, the suit says the Justice Department and the FBI unlawfully entered civil • Sharon: Israel May Move Some immigration information into the National Settlements Crime Information Center (NCIC), '• Rebels Kill One U.S. accessed by state and local police millions Soldier in Iraq of times each day. Thus, the action • Royal Coroner to subjects immigrants to the risk of unlawful Hold Princess Di Inquest arrest by state and local police. • Niagara Falls The suit also questions the authority of Survivor Fined for Attorney General John Ashcroft and the Stunt Justice Department to enlist state and • French Muslim Girls local police in the enforcement of federal Eye Catholic Schools immigration laws. • Clark: Milosevic "Co-opting state and local police to Warned of Massacre make immigration arrests undermines • Taiwan SARS Case public safety and encourages racial Doesn't Worry profiling," said Raul Yzaguirre, president Officials and chief executive officer of the National • Russian President to Seek Second Term Council of La Raza, one of the suit's • Canada Promises to plaintiffs. Revive Pot Bill n "It makes immigrant victims and • Ireland Will Probe witnesses afraid to report crimes and

http://www.washtimes.com/national/20031217-100144-6559r.htm

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3/31/2004

5TgnOnSanDiego.com > News > Nation — Justice inspector general criticizes immigratio...

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Justice inspector general criticizes immigration data checks By Joe Cantlupe COPLEY NEWS SERVICE 3:53 p.m. March 2, 2004

WASHINGTON - A Mexican citizen convicted of raping and killing a nun in Oregon two years ago easily managed to get into this country because Border Patrol agents failed to check his past criminal records, the Justice Department's Inspector General said Tuesday. One of the problems is that the immigration service and the FBI have two separate fingerprint identification programs, and both systems weren't checked, officials said. An inspector general's report recommended that officials work to combine both the IDENT, a fingerprint system used by the immigration service, and IAFIS, the FBI's automated identification database. The IDENT system, built in 1994, focuses mostly on immigration violations. The more powerful IAFIS, launched in 1999, includes extensive criminal background checks. Too often, officials don't coordinate the information from each system, according to the Inspector General's report. The lack of coordination was tragically illustrated in a case involving Mexican citizen Victor Manual Batres, who is now serving a life prison term for the rape and murder of a nun in Klamath Falls, Ore., in September 2OO2.

Months earlier, Batres, 35, had twice tried to enter the U.S. illegally, but was detained by the Border Patrol in New Mexico. On each occasion, agents returned Batres voluntarily to Mexico. Because they didn't check both database systems, border patrol agents were unaware of Batres' extensive criminal record involving California and other states and previous deportations. If they knew his background, Batres would have been held in custody, officials said. "The Batres case again illustrates the urgent need to integrate the separate automated fingerprint identification systems," said Inspector General Glenn A. Fine. "We continue to believe that the integration project should remain a critical priority, and that full integration will help avoid recurrence of cases like Batres." Because the immigration service's IDENT database "is not integrated with IAFIS criminal history files, it does not apprise Border Patrol agents of aliens with serious criminal records," Fine's report said. San Diego officials routinely use IDENT to make fingerprint checks of suspected fraud among immigrants at the Otay Mesa and San Ysidro border crossings, officials said.

http://signonsandiego.printthis.clickability.com/pt/cpt?action=cpt&title=SignOnSanDiego.c... 3/3/2004

Border chief confident about crackdown By Lynn Brezosky The Associated Press, May 12, 2004 http: //www.ksat.com/news/3293956/detail .html FALFURRIAS, Texas (AP) -- As what border officials call the "season of death" begins, the man responsible for stopping illegal immigration across the dangerous deserts of the Southwest is feeling optimistic. With a new crackdown on the Arizona border, increased staffing and more technology, U.S. Customs and Border Protection Commissioner Robert Bonner hopes this year to stem the flow and end the deaths. "We're about to maintain a much higher level of control for our entire border," he said during an interview with The Associated Press at this immigration checkpoint 75 miles north of the border. "You've got to close the last door. The last door is Arizona." Last summer there were 249 immigrant deaths along the border, 115 in Arizona. There were 60 in Texas, starting in May with the discovery of an abandoned tractor trailer in Victoria, Texas, in which 19 migrants died. Smugglers have targeted Arizona as a remote and underguarded portion of U.S. border and have established sophisticated networks there. There has been a surge in crossings this year, but apprehensions are up 50 percent. Bonner, who has been on the job since March 2003, said the Arizona crackdown will help stop immigrants and terrorists. He dismissed notions it would shift movement to the far West Texas desert. And he also defended President Bush's proposal to allow migrants with jobs three years of legal stay in the United States - a proposal some say is contributing to the surge. "The cynics and the negativists say, 'Well, you close that down and it'll open up someplace else,"' he said. "Well, no, because we've increased our strength." The Arizona Border Control program starts in June and will deploy 200 to 300 more agents along the Arizona border. The agency also plans to use unmanned aerial drones and add more helicopters for patrols. There also will be air-conditioned tents to detain migrants. Some migrants caught in Arizona said they were coming because they have heard of Bush's proposal. Others said they wanted to cross before the

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Tucson Citizen www.tucsoncltizen.com

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SATURDAY, FEBRUARY 7, 2004

Tracking system has 4,000 successes The Border Patrol uses the world's most advanced gear, linked to the FBI, to instantly identify illegal immigrants who are suspects in crimes. GABRIELA RICO [email protected] More than 4,000 illegal immigrants with criminal records were busted last year by Tucson sector Border Patrol agents using the world's most advanced biometric tracking system. The latest suspect, a sex offender with a warrant out of Los Angeles, was picked up near Douglas on Thursday. Victor Manuel Grande, 42, a citizen of El Salvador, was caught by agents and processed through the Integrated Automated Fingerprint Identification System, which revealed an outstanding warrant for his arrest in Los Angeles, according to Andy Adame, spokesman for the Border Patrol's Tucson sector. Grande's criminal record includes arrests for sex offenses dating back to 1989. He is in the custody of the Border Patrol, pending extradition to California. Adame characterized the tracking system, which the Border Patrol has used for the past two years, as "the most advanced biometric system in the world" and said it is an effective tool to keep criminals from sneaking into the country. "The Border Patrol is committed to patrolling our nation's borders and protecting the homeland," he said. "The arrest of this wanted felon removes a criminal element from our community." The identification system, which is linked to the FBI, uses a five-finger scan and instantly reveals any criminal record or outstanding warrant, Adame said. Burglary, rape and even murder suspects have been captured by using the system, he said. Adame said law officers often will ask the Border Patrol for help in finding people suspected of having fled into Mexico to avoid arrest. Because illegal immigrants with criminal records often give false names, the five-digit fingerprint, along with digital photo, helps assure their identity, Adame said.

http://www.tucsoncitizen.com/index.php?page=local&story id=020704bl_bordercrime&t...

2/11 /2004

PAGE 8

VOLUME 2003-4

Deported Felon File Enhancements Changes to the NCIC Deported Felon File (DFF), to include necessary data remediation, were implemented on August 25, 2003. This immediate implementation was in response to a directive from the US Attorney General and Department of Homeland Security mandates to provide NCIC record entry capability for specific individuals who have violated some section of the Immigration and Naturalization Act. In December 2002 the Criminal Justice Information Services Advisory Policy Board approved a motion to restructure the NCIC DFF to accommodate the entry of the aforementioned foreign-born individuals. These enhancements include changing the File name to Immigration Violators File (IVF) and creating three categories of offenders each with a unique caveat, Message Key (MKE) translation, and offense code. The Bureau of Immigration and Customs Enforcement, Law Enforcement Support Center (LESC), formerly the United States Immigration and Naturalization Service, remains the only agency authorized to enter records into the IVF. The Originating Agency Identifier (ORI) for OKI/VTINS1000 will translate to BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, LAW ENFORCEMENT SUPPORT CENTER (877) 999-5372 in all IVF hit responses. Record hit responses will be reflective of the information indicated under each category listed below. There is a wide variation among jurisdictions as to the authority of law enforcement to act on these records. We are currently researching this issue

Deported Felon Category The Deported Felon Category contains records for previously deported felons convicted and deported for drug trafficking, firearms trafficking, or serious violent crimes. Caveat: WARNING REGARDING FOLLOWING RECORD - SUBJECT OF NIC/NXXXXXXXXX IS A PREVIOUSLY DEPORTED FELON. CONTACT LESC AT (877) 999-5372 FOR IMMEDIATE HIT CONFIRMATION AND AVAILABILITY OF BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINER. MKE Translation'. MKE/IMMIGRATION VIOLATION - DEPORTED FELON Offense Code Translation: SUBJECT IS A DEPORTED CRIMINAL/AGGRAVATED FELON

Absconder Category The Absconder Category contains records for individuals with an outstanding administrative warrant of removal from the United States who have unlawfully remained in the United States. Caveat: WARNING REGARDING FOLLOWING RECORD - SUBJECT OF NIC/NXXXXXXXXX HAS AN OUTSTANDING ADMINISTRATIVE WARRANT OF REMOVAL FROM THE UNITED STATES. CONTACT LESC AT (877) 999-5372 FOR IMMEDIATE HIT CONFIRMATION AND AVAILABILITY OF BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINER. Continued on next page

SHUSTERMAN'S IMMIGRATION UPDATE (March 2002), a Free Monthly Newsletter... Page 3 of 15 import permit and a link to the regulations at http://www.atf.treas.gov/press/fy02press/020502alienfirearmregs.htm • H-1B Numbers - For the first quarter of fiscal year 2002, the INS reported that 28,000 petitions had been approved, and another 18,000 were pending, most of which would probably be subject to the 195,000 numerical cap. This represents a 58% decrease in filings compared to the first quarter of fiscal year 2001. It must be noted that on the first quarter fiscal year numbers were greatly inflated as employers rushed to submit H-1B petitions before the filing fees were raised in December 2000. In any case, there seems to be little danger that the H-1B cap will be reached during this fiscal year. To read the complete text of the INS Statement, see http://uscis.gOv/graphics/publicaffairs/statements/H 1B1 OtrState.htm • GAO Report On Immigration Fraud - A report released by the General Accounting Office (GAO), entitled "Immigration Benefit Fraud: Focused Approach Needed To Address Problems", reaches the alarming conclusion that 20% to 30% of applications for immigration benefits filed at some offices are fraudulent. The GAO report is available online at http://www.gao.gov/new.items/d0266.pdf (PDF File) • India - On February 13, the U.S. Consulate in Chennai introduced a voluntary online system to schedule appointments for nonimmigrant visas. On March 4, the web-based system became mandatory. We link to the new system from our "India" page at http://shusterman.com/toc-india.html • LIFE Act Legalization - Time is running out to apply for legalization under the Legal Immigration Family Equity (LIFE) Act. The statutory deadline is May 31, 2002. The Center for Human Rights & Constitutional Law, the attorneys for the plaintiffs in both the CSS and LULAC class action suits, has posted online a 20-page manual, entitled "Legalization Under The LIFE Act: A Legal Services Practice Manual". We link to the manual on our "LIFE Act" page at http://shusterman.com/life.html under "Late Amnesty and the LIFE Amendments". • Physicians - A State Department memo clarifies that IMG's only need to pass Part I of the U.S. Medical Licensing Examination (USMLE I) and the appropriate English examinations prior to entering the United States in order to take the Clinical Skills Assessment (CSA). Previously, passing the USMLE II was required. See http://shusterman.com/img-csa02.html • Poverty Income Guidelines - The Department of Health and Human Services (HHS) has published its new poverty income guidelines. Persons filing Affidavits of Support (Form 1-864) must show that their household income is at least 125% of the current poverty income guidelines according to the number of persons in their household. For Affidavit of Support purposes, the new guidelines are effective as of April 1, 2002. Our site lists the annual HHS Poverty Income Guidelines from 1996 to 2002. See our "Affidavit of Support" page at

http ://www. shusterman.com/mar02 .html

4/6/2004

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By Craig E. Ferrell Jr., Deputy Director, Administrative General Counsel, Chiefs Command Legal Services, Houston, Texas, Police Department September 11, 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.

http://www.theiacp.org/documents/index.cfm?document_id=359&fuseaction=document&s... 3/29/2004

tomflocco.com - Manifest Raises Questions About Saudi Flights After 9/11

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List and testimony indicates FBI may have allowed alleged hijacker's kin to leave U.S. with son of Saudi defense minister without questioning them. by Tom Flocco

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WASHINGTON - April 4, 2004 - Posted 07:45 ET TomFlocco.com — A copy of a previously unpublished manifest, obtained late Thursday night and dated September 15, 2001, provides evidence of a private Boeing-727 Saudi flight from Lexington, Kentucky to London. But the names on the manifest raise serious questions about FBI policies and procedures related to witness identification, criminal investigations and obstruction of justice. Ahmad A. M. Alhazmi, 20, (Saudi passport no. B805019) is listed on the manifest with Prince Sultan bin Fahad bin Salman bin Abdulaziz, 19, (Saudi passport no. 406 A), son of Saudi defense minister Crown Prince Abdullah bin Abdulaziz.

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The name Alhazmi and its ties to laundered Riggs Bank cashiers checks may become a subject of interest when National Security Advisor Condoleezza Rice testifies later this week—especially since young Ahmad Alhazmi has the same last name as Nawaf Alhazmi, one of the terrorists identified as an alleged hijacker of American Airlines flight 77.

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The White House had originally asserted that flights evacuating Saudis from the United States after 9/11 never existed, but author Craig Unger-who has written a book about clandestine Bush-Saudi relationships-obtained flight manifest lists which were drawn up by the Saudi embassy.

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http://tomflocco.com/modules.php ?name=News&file=article&sid=53

4/6/2004

National Commission on Terrorist Attacks Upon the United States

Page 1 of 1

As a businessman and taxpayer, I was curious as to what it would take to fulfill all of the legislative mandates and policy directives imposed on the INS. In early 2002, we began the process of performing a "needs assessment" to array these mandates, to compare them with the resources available, and then to estimate the resources that would be needed to actually carryout the full scope of the mandated mission. We concluded that the INS annual budget would have to grow from $6.2 billion in FY 2002 to approximately $46 billion by FY 2010 to fulfill these mandates, assuming that the Congress and the administration actually desired that the mandates be fulfilled. It was also assumed that our immigration laws remained static. I have provided the Commission with a copy of the study, and I leave it to your discretion as to whether it should be made part of the public record. However, I would like to highlight some of the conclusions of the study. Specifically, it was concluded that in order to carry out the enforcement mandates of the Congress and administrations, past and present, the INS would need approximately the following: • 27,960 Investigators/Special Agents (compared to the 2000 employed at the time of the study), a 14fold increase. 31,700 Border Patrol Agents (compared to 10,000) 21,500 Immigration Inspectors (compared to 5,000) 15,600 Deportation Officers (compared to 650) 1,440 Attorneys (compared to 770) 110,000 detention beds (compared to 21,107) And a vast increase in office space, support staff, vehicles, computer equipment, etc.

http://www.9-l Icommission.gov/hearings/hearing7/witness_ziglar.htm

4/6/2004

Policies to Permit Police to Enforce Immigration Law Could Undermine Public Safety, V... Page 1 of 4

National

^rj Immigration """

" Center

IMMIGRATION LAW & POLICY

Arrest and Detention

POLICIES TO PERMIT POLICE TO ENFORCE IMMIGRATION LAW COULD UNDERMINE PUBLIC SAFETY, VIOLATE CIVIL RIGHTS Immigrants'Rights Update, Vol. 16, No. 7, November 22,2002

Enforcement of civil immigration law has historically been a federal obligation considered off-limits to state and local law enforcement. But since Sept. 11, 2001, Attorney General John Ashcroft and other Bush administration officials have issued a series of sometimes contradictory announcements that reverse this policy and blur the critical difference between noncitizens and terrorists. The federal government has also entered into the first formal agreement with a state to permit the state's enforcement of immigration laws under section 287 of the Immigration and Nationality Act. And it has issued regulations allowing state and local police agencies to enforce immigration laws when there is an emergency due to a mass influx of noncitizens. The National Crime Information Center. The government appears to be using the National Crime Information Center (NCIC) as the vehicle for state and local authorities to enforce immigration laws. According to the Dept. of Justice, the NCIC is the nation's principal automated information-sharing tool for law enforcement and provides on-the-street information to over 650,000 local, state, and federal officials. With the exception of domestic violence civil orders, the information stored in the NCIC databases has principally involved criminal arrests and convictions. The historic policy that treats the enforcement of immigration laws as strictly a federal responsibility is reflected in a 1996 DOJ Office of Legal Counsel opinion, which held that state and local police lack recognized legal authority to enforce the civil provisions of immigration law. The first step towards changing this view came in Dec. 2001 when Immigration and Naturalization Service Commissioner James Ziglar announced that the INS had begun sending the names of more than 300,000 noncitizens to the NCIC for inclusion in its database. These were individuals who had remained in the U.S. despite having a deportation or removal order issued against them. This new INS program was later named the Absconder Apprehension Initiative. In Mar. 2002 Commissioner Ziglar announced that under the program, the names of all noncitizens who violated criminal law by failing to depart as ordered would be entered in the NCIC database. Furthermore, state and local police were authorized to detain these individuals—non-U.S. citizens who committed a federal crime. In Apr. 2002 the AG announced that the names, photos, and other identifying data of all known or suspected terrorists would also be entered into the NCIC database. In June 2002 the AG announced the National Security Entrance and Exit Registration System (NSEERS) program, purportedly to track nonimmigrants deemed to be national security risks. Nonimmigrants from Iraq, Iran, Libya, and Sudan (Syria was later added) would be fingerprinted and photographed as they entered the country and required to report to the INS both 30 days and one year later. These individuals would also be permitted to leave the country only from certain specified places.

http://www.nilc.org/immlawpolicy/arrestdet/ad059.htm

3/31/2004

•Federation for American Immigration Reform : FAIR Applauds Effort To Expand FBI Da... Page 1 of 2

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FAIR Applauds Effort To Expand FBI Database

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I December 17, 2003 State and Local Assistance in Immigration Enforcement Vital

Recei (Washington, D.C. - December 17, 2003) Efforts to expand a national database to enable state and local law enforcement officials to identify and apprehend known criminals and illegal aliens are "an essential step to real homeland security and will be an invaluable tool in the effort to combat terrorism in the United States," says the Federation for American llmmigration Reform. FAIR is applauding a push by the Department of (Homeland Security (DHS) to expand the National Crime Information Center (NCIC) database by adding names of aliens who have been ordered deported, as well as foreign students who violate the terms of their student visas.

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View Relal Items "Information collection and sharing among the various federal agencies Topi< and local law enforcement is a vital step in preventing another 9-1 1 ," Grim commented FAIR'S executive director, Dan Stein. Stein noted that several of the 9-1 1 terrorists had direct contact with local law enforcement officials prior to the attack, and the lack of a central, accessible database made identifying them impossible. "One of the direct contributing factors to the success of the 9-1 1 terrorists was the government's failure to collect and share information that might have foiled the attacks. If we maintain a policy of willful blindness, by erecting firewalls to protect people who are in the country illegally, then we are courting another terrorist attack," commented Stein.

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There are some 400,000 alien absconders who have been issued final orders of deportation, but who cannot be located. Since these names have begun to be entered into the NCIC database, 5,000 have been removed from the U.S., including 4,200 with felony convictions. In addition to expanding the NCIC database, FAIR is urging DHS to issue arrest warrants for fugitive aliens who are entered into the database and be prepared to assume custody of aliens who are apprehended by local law enforcement. Federal warrants would remove any legal barriers that might prevent local police from enforcing immigration laws.

http://www.fairus.org/Media/Media.cfm?ID=2315&c=34

3/31/2004

immigration News: INS Fact Sheet on Interior Enforcement *** www.usvisanews.com

U.S.

Visa

News

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www.usvi

INS Fact Sheet on Interior Enforce L A T O U R & L L E R A S , p.A.

2/9/99

IMMIGRATION ATTORNEYS

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The Fiscal Year 2000 budget proposal includes $20 million and 185 new positior presence and consequences of illegal migration in the interior of the United Stati Enforcement Strategy sets forth five broad strategic goals and a series of relatec the course for INS law enforcement over the next five years. The goals are to:

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• Identify and remove incarcerated criminal aliens from the United States a recidivism,

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• Deter, dismantle and diminish smuggling or trafficking of aliens,

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• Respond to community reports and complaints about illegal immigration £ to solve local problems,

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• Minimize immigration benefit fraud and other document abuse, and

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• Block and remove employers' access to undocumented workers.

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The Interior Enforcement budget request for FY 2000 has three Interior Enforcer elements: 1) criminal alien tracking, 2) national transportation system, and 3) juv space. —>_

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Processing Times Priority Dates

The budget requests 25 program specialist positions for improvements in INS' u: Crime Information Center (NCIC) system. INS envisions a three-year plan to trar headquarters to the district offices. These NCIC positions will perform the multifj coordinating the daily use of the NCIC System, performing periodic quality valid* providing confirmation that the data is still accurate when a file is located in the t

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The budget includes $5 million to fund the Justice Prisoner Alien Transportation to replace a one-time carryover funding from the Violent Crime Reduction Progr; in prior years and will no longer be available. In addition, $11.8 million and 155 p requested to increase detention staffing directly related to transporting and esco million)

Juvenile Detention Bed Space Five positions for staffing and funding for 40 juvenile detention bed spaces natio to increase capacity for juvenile illegal aliens. ($1.9 million)

Transfer of Breached Bond/Detention Fund Obligations A requested transfer in base resources from the Breached Bond/Detention Fund Expenses Account will support detention of criminal and other unauthorized aliei additional state and local detention capacity; continued bond management and c the use of litigation to obtain compliance from surety companies delinquent in mi

http://www.usvisanews.com/memo418.html

3/31/2004

Anthony S. Tangeman Biography Page

Page 1 of2

. U.S. Immigration 1. and Customs Enforcement

ABOUT

LEADERSHIP Organization Leadership t Director of Operations > Chief of Staff > Principal Legal Advisor > Director, Office of Air and Marine Operations > Director, Office of Detention and Removal ^ Director, Federal Air Marshal Service t Director, Office of Federal Protective Service * Director, Office of Intelligence t Director, Office of Investigations > Director, Office of Public Affairs * Director, Office of Congressional Affairs Contact

Director, Office of Detention and Removal Anthony S. Tangeman Mr. Tangeman is the Director of the Office of Detention and Removal (DRO) at U.S. Immigration and Customs Enforcement (ICE) within the Department of Homeland Security. DRO manages the detention of approximately 20,000 aliens on any given day throughout the United States, as well as the completion of more than 100,000 final order removals annually. Mr. Tangeman directs the work of almost 3,500 employees, including over 2,600 law enforcement officers and 800 support personnel. Mr. Tangeman assumed his current position in 2000. The DRO mission is "to promote public safety and national security by ensuring the departure from the United States of all removable aliens through the fair and effective enforcement of the nation's immigration laws." Under Mr. Tangeman's leadership, DRO has transitioned from its Department of Justice roots to ICE, while at the same time, maintaining operations and implementing key initiatives. DRO has implemented critical detention and removal-related initiatives, including: a new compliance-monitoring program for National Detention Standards; a new Post Order Custody Review Unit focusing on the cases of long-term detainees; and forming National Fugitive Operations Program (NFOP) teams to locate and apprehend criminal aliens and others who have defied final orders of removal. The NFOP has proved enormously successful in apprehending criminal-alien absconders through the innovative "Most Wanted Criminal Aliens" program.

RELATED LINI Air and Marine Contact Informatk for Emergencies (Life-threatening) Federal Buildings Contact Informatk for Emergencies (Non-lifethreatening) in Federal Buildings Detention Facilitie Chief Counsel Lei Offices Immigration Field Offices Interior Enforcerm Facilities SAC/RAC Offices

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Mr. Tangeman, a native of Dayton, Ohio, graduated from the U.S. Coast Guard Academy. He received his Master of Public Administration degree from The George Washington University. In 2000, Mr. Tangeman retired at the rank of Captain from the United States Coast Guard. A career Coast Guard Officer, Mr.Tangeman served several tours at sea as the Commanding Officer of three cutters performing search and rescue missions, as well as the law enforcement missions of migrant and drug interdiction and fisheries enforcement. Mr. Tangeman also served as Commander, Coast Guard Group New Orleans, Louisiana. As Chief of the Office of Law Enforcement at Coast Guard Headquarters, he developed and implemented Campaign Steel Web, a coordinated, multi-phased 10-year strategy to deny maritime

http://www.ice.gov/graphics/about/leadership/tangemanbio.htm

3/30/2004

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

3/30/2004

U.S. Department of Justice Immigration and Naturalization Service

STATEMENT OF

JOHNNY N. WILLIAMS EXECUTIVE ASSOCIATE COMMISSIONER FOR FIELD OPERATIONS U.S. IMMIGRATION AND NATURALIZATION SERVICE

BEFORE THE

SENATE COMMITTEE ON FINANCE REGARDING

COMBATING TERRORISM: PROTECTING THE UNITED STATES 10:OOAM 215 DIRKSEN SENATE OFFICE BUILDING JANUARY 30, 2003

1. U.S. seeks thousands of fugitive deportees Middle Eastern men are focus of search By Dan Eggen and Cheryl W. Thompson The Washington Post, January 8, 2002, pg. Al http://www.washingtonpost.com/wp-dyn/articles/A11180-2002Jan7.html Authorities will soon begin searching for thousands of Middle Eastern men in the United States who have disappeared after being ordered to leave the country, according to officials familiar with the operation. The Justice Department has identified about 6,000 young men from the Middle East who have ignored deportation orders, and has decided to make the arrest and removal of them the highest priority among efforts to locate hundreds of thousands of foreign nationals who have defied such rulings, authorities said. The men hail members of Osama bin backgrounds, countries of

from nations that U.S. authorities consider havens for Laden's al Qaeda terrorist network, and some have criminal authorities said. U.S. officials declined to identify the origin or provide other details about the group.

The plan to give priority to a group of Arab and Muslim men over other foreign nationals has raised concerns among some Arab American and immigrant advocate groups that the Bush administration is practicing racial profiling in its war on terrorism. The vast majority of people ignoring deportation orders are Hispanics from Latin America. Justice officials, including Attorney General John D. Ashcroft, have repeatedly denied that ethnicity plays a role in their anti-terrorism strategies. The latest effort stems from a broader initiative by the Immigration and Naturalization Service to crack down on "absconders" -- the more than 300,000 foreign nationals who have remained in the country illegally after they were ordered deported. INS Commissioner James W. Ziglar announced the effort last month and authorities are preparing to enter the names into a national FBI crime database over the next year. Justice officials have decided to enter the names of the Middle Eastern group first, and an undetermined number will be sought for capture and removal through regional anti-terrorism task forces that include representatives from the FBI, INS and U.S. attorney's offices, authorities said. Wade Henderson, executive director of the Leadership Council on Civil

[UWSA] U.S. immigration news, 1/8/02 (fwd)

Page 3 of 21

non-terrorist criminal charges. Most of those detainees are Arab or Muslim men, officials have said. In announcing the absconder initiative in December, Ziglar said it was aimed at solving a long-running immigration problem and was not part of the government's anti-terrorism effort. Ziglar declined to comment yesterday on the list of people from Middle East countries. Justice Department officials also declined to comment, citing investigative secrecy concerns. The INS has traditionally devoted few resources to absconders, focusing instead on immigrant smugglers and other criminals among the nation's 7 million to 8 million undocumented aliens. Most absconders skipped their deportation hearings or disappeared after receiving a final deportation notice, known colloquially as a "run letter" because it traditionally has prompted deportees to flee. But the INS has been so lax in enforcing deportation orders that many others do not even bother to hide, immigrant advocates say. Authorities are just beginning to add an estimated 314,000 names of absconders to the FBI's National Crime Information Center database, a list of criminal records used by more than 80,000 law enforcement agencies. Adding the names will allow local, state and federal authorities to alert the INS when they have located someone who has violated a deportation order. Officials produced the list of about 6,000 Middle Eastern men by conducting a search of the absconder database based on country, age and gender, sources said. No arrests have been made from the list so far, authorities said. The INS is required to carry out all deportation arrests, but the FBI and other law enforcement agencies may hold suspects on behalf of the immigration service. Justice officials are analyzing the group to determine whether the names are accurately included, and are debating what criteria should be used to identify those whom agents will actively seek, sources said. The INS and FBI do not have enough agents to mount a search for all the men on the high-priority list, one official said. ** * * ** * * 2. Ex-INS official: Abolish easy visas By Julia Malone, Cox News Service The Atlanta Journal-Constitution, January 8, 2002 http:7/www.accessatlanta.com/ajc/epaper/editions/tuesday/news_c3a3b96e25a541dbOOff.h WASHINGTON -- Accused hijacking conspirator Zacarias Moussaoui and "shoe-bomb" suspect Richard Reid did not need visas to enter the United States. They arranged entry through a program that waives visas for citizens of 29 countries, most of them European, and allows millions of foreigners to visit the United States without them. The program came under fresh attack Monday from a former associate commissioner of the Immigration and Naturalization Service. "Passport-holders from these countries need only buy an airline ticket to board an airplane to the U.S.," Jan C. Ting wrote in a Chicago Tribune

http://www.uwsa.com/pipermail/uwsa/2002q 1/030623.html

3/31/2004

JWSA] U.S. immigration news, 1/8/02 (fwd)

Page 9 of 21

Yet supporters press on. "We don't have high expectations," admitted Adelina Nicholls, a proponent of the proposed measure. "But we believe it's possible to do something about it." Meanwhile, immigration-reduction groups like the Georgia Coalition for Immigration Reform and the Southeastern Legal Foundation, a public-interest law firm, plan to oppose the idea as ardently as supporters lobby for it. They say giving driver's licenses to undocumented residents opens the door for them to vote and receive services just like a citizen. "Our coalition opposes any form of state driver's license or state ID card for illegal aliens or noncitizens, period," Donna Locke, coordinator for the Georgia Coalition, wrote recently in a posted e-mail. "Driver's licenses and state ID cards enable illegal aliens to look legal and escape the scrutiny of law enforcement officers, making it more difficult for the INS, local law enforcement officers and employers to identify illegal aliens and uphold the law." On Sept. 20, Gov. Roy Barnes said Georgia should allow some form of license for illegal immigrants. He directed the Department of Motor Vehicle Safety to study the issue, notably programs like those in Tennessee and North Carolina, where undocumented workers can obtain licenses. ** * * ** * * 6. Terror dragnet lands men in detention limbo By Brian Donohue, Newhouse News Service The Star Ledger (Newark), January 7, 2002 As sheriff's officer William Rodriguez makes his rounds through the Passaic County Jail, the stone hallways echo with the voices of inmates yelling from cell to cell, arguing over card games or greeting him with shouts of "What's up, L.T.?" But as Lt. Rodriguez enters a third-floor dormitory, there is near silence, broken only by the low, throaty murmur of men whispering and quietly chatting in Arabic. It is afternoon prayer time in cell 3-2, and just inside the metal bars, six Muslim men kneel on towels spread on the concrete floor, facing the side of the cell that the guards tell them is toward the east. Out of respect, dozens of other inmates lower their voices and mute the volume on the "Jenny Jones" show playing on an overhead television. These days, Passaic County's storied old lockup is a jail like no other. Most of the men snapped up in the nationwide investigation into the Sept. 11 attacks are being held here. A recent tour of the jail afforded the first glimpse into what their lives are like. Most have not been charged with any crime. They have been detained by the FBI, many for weeks or months, while investigators make sure they're not terrorists. In the four dormitories and two cellblocks set aside for federal prisoners, normal jailhouse banter is replaced by quiet. Guards say their job is a bit easier, and the blank stares from behind the bars come from faces that are

http://www.uwsa.com/pipermail/uwsa/2002q l/030623.html

3/31/2004

[UWSA] U.S. immigration news, 1/8/02 (fwd)

Page 1 of 21

[UWSA] U.S. immigration news, 1/8/02 (fwd) [email protected] [email protected] Tue Jan 8 18:21:00 2002 • Previous message: [UWSA] White Guilt = Black Power • Next message: [UWSA] Dissent Suppressed • Messages sorted by: [ date ] [ thread ] [ subject ] [ author ]

1. Deportation of Mideast illegals a priority 2. Visa waiver program under new scrutiny 3. INS reorganization plan draws criticism 4. Officials seek standardization of licenses 5. Georgia activists seek licenses for illegals 6. Feature on terror investigation detainees 7. 111. jail might expand, hold INS detainees 8. Border crossers pay fee to avoid delays 9. U.S. reps: Release Cuban refugees 10. Churches in Fla. adapting to immigration 11. ACLU fighting anti-terror policies (link) 12. Saudi Arabian comes back to U.S. (link) 13. Middle Eastern pilot indicted again (link) 14. Man gets 6 years for "hate crime" (link) 15. Daschle backs Hispanic candidate (link) 16. Candidate courting Hispanics in 111. (link) 17. Immigrants proudly become citizens (link) -- Mark Krikorian] 1. U.S. seeks thousands of fugitive deportees Middle Eastern men are focus of search By Dan Eggen and Cheryl W. Thompson The Washington Post, January 8, 2002, pg. Al http://www.washingtonpost.com/wp-dyn/articles/All180-2002Jan7.html

Authorities will soon begin searching for thousands of Middle Eastern men in the United States who have disappeared after being ordered to leave the country, according to officials familiar with the operation. The Justice Department has identified about 6,000 young men from the Middle East who have ignored deportation orders, and has decided to make the arrest and removal of them the highest priority among efforts to locate hundreds of thousands of foreign nationals who have defied such rulings, authorities said. The men hail of Osama bin backgrounds, countries of

from nations that U.S. authorities consider havens for members Laden's al Qaeda terrorist network, and some have criminal authorities said. U.S. officials declined to identify the origin or provide other details about the group.

The plan to give priority to a group of Arab and Muslim men over other foreign nationals has raised concerns among some Arab American and immigrant advocate groups that the Bush administration is practicing racial profiling in its war on terrorism. The vast majority of people ignoring deportation orders are Hispanics from Latin America.

http://www.uwsa.com/pipermail/uwsa/2002q 1/03 0623.html

3/31/2004

In Tracking Down "Absconders," DOT to Target Nationals of Countries Where Al Queda ... Page 1 of 1

The memo sets out the process for apprehending and interviewing the priority absconders. The first step is for the department's Foreign Terrorist Tracking Task Force to draw the names of priority absconders from the INS Deportable Alien Control System database, search public databases to determine a last known address for the absconder, and search other investigation databases to remove from the list individuals who are subjects or targets of other investigations. Then the INS is to review the A-files of priority absconders to confirm "that the absconder was on notice and that the deportation warrant remains valid," after which the INS is to enter the names into the National Crime Information Center database (NCIC). With copies of relevant information from each absconder's A-file, the INS is to create and transmit an "absconder fugitive file" to the INS field office located in the judicial district of the absconder's last known address. Local INS and FBI field offices are to coordinate in forming apprehension teams for locating, apprehending, and interviewing each absconder. The memo notes that INS agents can arrest absconders based on the warrant of deportation, while other federal officers can arrest them, under section 243 of the Immigration and Nationality Act, for the felony of willfully failing to depart.

http://www.nilc.org/immlawpolicy/arrestdet/ad046.htm

3/31/2004

Page 1 of8

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

3/30/2004

ILW.COM - Criminal Prosecution for Visa Fraud

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Criminal Prosecution for Visa Fraud by Thomas W, Dean, JD, 1. BACKGROUND

The new "War on Terror" has ushered in a new era of unprecedented immigration enforcement by the INS, FBI and other federal agencies. Recent reports suggest that as part of this aggressive policy, the federal government has increased its prosecutions against individuals and companies for visa document fraud. Even before September 11, enforcement of immigration crimes had been on an increase for the last 10 years., Comprehensive data from INS, the courts and the Office of Personnel Management show a dramatic surge in the government's use of criminal sanctions against illegal immigration. From 1992 to 1998, prosecutions brought as a result of INS investigations doubled, jumping to 14,616 in 1998 compared with 7,335 in 1992. The increase in INS prosecutions has been a major factor in the sharpest annual rise in the overall number of federal prosecutions since 1971. One result was that in 1998 the INS became second among all the agencies in terms of its share of total federal convictions, besting most other agencies such as the DEA, Customs, ATF and IRS. The only agency with slightly more federal convictions that year was the FBI. Since September 11, the FBI has been working much more closely with he INS and many new prosecutions will likely be a result of joint efforts by those agencies. In 1992, the median INS prison sentence was only 2 months. In 1998, the median INS prison sentence was 12 months. This year it will no doubt be much larger. —\, the shar penalties for immigration offenses and pressure prosecutors to pursue immigration crimes^/ Because of the new laws and regulations enacted after September 11, this trend will only be accelerated under the Bush administration. Prosecutions are expected to skyrocket even farther. One common type of immigration criminal offense is Visa Document Fraud. This article will provide a brief explanation of the law in this area and potential consequences resulting from a violation. 2. IMMIGRATION AND NATIONALITY ACT The Immigration and Nationality Act (INA) contains provisions which prohibit document fraud as it relates to the application for visas. Sec. 274C. of the Immigration and Nationality Act (INA) [8 U.S.C. 1324c] provides that it is unlawful for any person or company to: (1) forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of this Act or to obtain a benefit under this Act, (2) use, attempt to use, possess, obtain, accept, or receive or to provide any forged, counterfeit, altered, or falsely made document in order to satisfy any requirement of this Act or to obtain a benefit under this Act, or

http ://ilw.com/lawyers/colum_article/articles/2001; 1214-Dean.shtm

7/11/2003

3807 Training TCIC/NCIC 2000 Inquiry Only

Based on the Texas DPS Crime Records Service Course TCIC/NCIC 2000 for Less Than Full-Access Operators

Harris County Justice Information Management System 406 Caroline, Floor 2, Houston, Texas 77002 January 2004

INTRODUCTION

NCIC 2000 DEPORTED FELON FILE SECTION 1-INTRODUCTION 1.1

DEFINITION The Deported Felon File contains records on criminal aliens who have been deported for drug trafficking, firearms trafficking, or serious violent crimes. These criminal aliens who have been deported and reenter the United States without permission are in violation of Title 8, USC, Section 1326.

1.2

CRITERIA FOR ENTRY The Immigration and Naturalization Service (INS) is the only agency authorized to enter and maintain records in the Deported Felon File. A criminal alien entered into the Deported Felon File must be a convicted felon who has been deported for drug trafficking, firearms trafficking, or serious violent crimes. If INS has reasonable grounds to believe that the subject may be operating a particular vehicle or a vehicle bearing a particular license plate, the vehicle and/or license data may be included in the record.

1.3

MESSAGE KEY (MKE) CODES Message

MKE

Translation

Entry

EW

DEPORTED FELON

Modify

MW

Cancel

XW

Inquiry*

QW ZW QWB QWI QV

zv

Clear

CW

Entry of supplemental record

EN

*There is no specific MKE to query the Deported Felon File; however, a wanted person inquiry will return a hit response on this file if a match occurs. DECEMBER 1999/NCIC 2000

7

D

E

P

O

R

T

E

D FELON FILE

LEDS Weekly Training Tip for the week of 8-5 to 8-11

LEDS Trait

Page 1 of 1

II-

Hit Confirmation Handling Procedures August5th-August 11th

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Pr/or to taking any action on a record listed in the system, the investigating agency MUST, for liability reasons, confirm the validity of such record with the entering agency. The circumstances surrounding the potential arrest and/or seizure of property, based upon records in LEDS and NCIC, will dictate the type of hit confirmation request a user should send. The two classifications are: 1) Urgent - Within 10 minutes. In those instances where the hit is the only basis for detaining a suspect or property, or the nature of a case requires urgent confirmation of a hit, the highest level of priority is specified. 2) Routine - Within 1 hour. Generally this will be used when the person or property is being held on local charges or when an urgent confirmation is not required. The agency receiving the hit confirmation request must either confirm the record or provide a time when the record will be confirmed. The decision for establishing priorities is ALWAYS made by the agency requesting confirmation and is a required field for all hit confirmation messages.

NCIC policy requires YQ/YR transactions be used for all hit confirmation requests and responses.

IN ADDITION TO THE YQWR transaction: Agencies can confirm or request confirmation via telephone PROVIDED, the phone conversation is recorded in some manner in the even the record is later not confirmed as valid by the entering agency. Keep in mind, the phone call is in addition to the YQ/YR transaction. Not a substitute. You still must send a YQ or YR. For more detailed information on Hit Confirmation, refer to section 1.12 of your LEDS Manual. For questions or comments regarding this training tip, or, if you have ideas for future training tips, contact the LEDS center or e-mail the LEDS webmaster at: [email protected]

http://www.leds.state.or.us/training tips/weekly_traming_tip_8-5-8-11 .htm

4/2/2004

Law Handbook law judge if not so modified or vacated) the decision and order is referred to the Attorney General pursuant to regulations351, in which case the decision and order of the Attorney General shall become the final agency decision and order under this subsection. (5) Judicial review. A person or entity adversely affected by a final order under this section may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order. (6) Enforcement of orders. If a person or entity fails to comply with a final order issued under this section against the person or entity, the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final order shall not be subject to review (7)352 Waiver by Attorney General. The Attorney General may waive the penalties imposed by this section with respect to an alien who knowingly violates subsection (a)(6) if the alien is granted asylum under section 208 [1158] or withholding of removal under section 241(b)(3) [1231].353 (e) 54 Criminal penalties for failure to disclose role as t document preparer. , (1) Whoever, in any matter within the jurisdiction of the ; Service, knowingly and willfully fails to disclose, conceals, or i covers up the fact that they have, on behalf of any person and • for a fee or other remuneration, prepared or assisted in prepar- ' ing an application which was falsely made (as defined in sub- : section (f)) of this section for immigration benefits, shall be fined in accordance with title 18, United States code, imprisoned for not more than 5 years, or both, and prohibited from preparing or assisting in preparing, whether or not for a fee or other remuneration, any other such application. (2) Whoever, having been convicted of a violation of paragraph (1), knowingly and willfully prepares or assists in preparing an application for immigration benefits pursuant to this Act [chapter], or the regulations promulgated thereunder, whether or not for a fee or other remuneration and regardless of whether in any matter within the jurisdiction of the Service, shall be fined in accordance with tide 18, United States Code, imprisoned for not more than 15 years, or both, and prohibited from preparing or assisting in preparing any other such application. (f) Falsely make. For purposes of this section, the term "falsely make" means to prepare or provide an application or document, with knowledge or in reckless disregard of the fact that the application or document contains a false, fictitious, or fraudulent statement or material representation, or has no basis in law or fact, or otherwise fails to state a fact which is material to the purpose for which it was submitted.

iy, if necessary, compel ;s and the production of :aring, and ;nated by the Commisittendance of witnesses lesignated place prior to er paragraph (2). D obey a subpoena lawupon application of the trict court of the United mpliance with such subder may be punished by

g an order described in ty under this subsection Attorney General shall otice and, upon request ; less than 30 days, as es:" the date of the notice, a jaring so requested shall e law judge. The hearing /ith the requirements of ode. The hearing shall be : to the place where the : where the alleged violalested, the Attorney Gen1 constitute a final and administrative law judge of the evidence received, bsection (a), the adminisngs of fact and issue and entity an order described th civil money penalty. ion (a) of this section, the aire the person or entity to ; and to pay a civil penalty nore than $2,000 for each iolation under subsection

itity previously subject to less than $2,000 and not t that is the subject of a visection. t case of a person or entity larate subdivisions each of liring, recruiting, or refer- f§274D. [8 U.S.C. 1324d] Civil penalties for failure to rence to the practices of, • .-!<« mon control with, another I depart3" I (a) In general. Any alien subject to a final order of reshall be considered a sepamoval who— (1) willfully fails or refuses to— review. The decision and (A) depart from the United States pursuant to the order, .ge shall become the final (B) make timely application in good faith for travel or Attorney General unless other documents necessary for departure, or al delegated by regulation (C) present for removal at the time and place required by r the decision and order the Attorney General; or nd order, or (B) within 30 (2) conspires to or takes any action designed to prevent or tion or vacation (or within hamper the alien's departure pursuant to the order. order of an administrative :h conforming amendment to :ndedby§212(c)ofIIRIRA. ffective for "orders issued on this Act." •as the subject of a secondary R1RA.

130

Added by §213 ofHRIRA. 35 Subsection (f) and conforming amendments to §274C(d)(3) were added by §212(b) of 11RIRA and are applicable to the preparation of applications before, on, or after the date of enactment of 1IR1RA. 356 Added by §380 of 1IRIRA, effective for actions occurring on or after the title Ill-A effective date of 1IRIRA. 334

Immigration and Nationality Act shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section. (b) Construction. Nothing in this section shall be construed to diminish or qualify any penalties to which an alien may be subject for activities proscribed by section 243(a) or any other section of this Act.

§275. [8 U.S.C. 1325] Entry of alien at improper time or place; misrepresentation and concealment of facts (a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts. Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not . more than 2 years, or both. j (b)357 Improper time or place; civil penalties. Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by imi migration officers shall be subject to a civil penalty of— (1) at least $50 and not more than $250 for each such entry (or attempted entry); or (2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection. Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed. (c) Marriage fraud. An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both. (d) Immigration-related entrepreneurship fraud. Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both. §276. [8 U.S.C. 1326] Reentry of removed alien (a) In general. Subject to subsection (b) of this section any alien who— (I)358 has been denied admission, excluded, deported, or removed, or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter (2) enters, attempts to enter, or is at any time found in, the United States, unless— (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or

357 Added by §105 of IIRIRA, applicable "to illegal entries or attempts r to enter occurring —..»..,.6 on u.i or V* after oiici the uic first iirsi day uay of or the uie ssixth month beginning after the date of the enactment of this Act." 3 Paragraph (1) was amended first by §324 then a secondary amendment was made to the amended text by §308(d)(4)(J) of IIRIRA (as shown here). As first amended, the paragraph read: "(1) has been arrested and deported, has been excluded and deponed, or has departed the United States while an order of exclusion or deportation is outstanding, and thereafter." The amendment by §308(d)(4)(J) notes that the amendment by §324 must occur first so the amendments have different effective dates and must both be given effect within their temporal limitations. Section 324's amendments to subsection (a) apply to "departures that occurred before, on, or after the date of enactment of [IIRIRAJ [September 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date." (IIRIRA, §324(c)). Section 308's amendments are effective on April 1, 1997 at which time the

131

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Bureau of Justice Statistics Immigration Offenders in the Federal Criminal Justice System... Page 1 of 1

l.'.S. Department of Justice

BJS BJS home page Publications What's new Relevant topics:

Federal justice

system Criminal offender

Bureau of Justice Statistics

Immigration Offenders in the Federal Criminal Justice System, 2000 Describes the number of immigration offenders prosecuted in the Federal court between 1985 and 2000. The report examines the impact of the enactment of the Illegal Immigration Reform and Responsibility Act of 1986 on prosecutions. This act authorized increases in INS law enforcement activities and personnel and required longer sentences for immigration offenders with serious criminal histories. The report includes the number of persons evaluated for prosecution by the U.S. Attorneys, the nationality of persons investigated, characteristics and criminal histories of defendants, trends in prosecutions of immigration offenders, defendants adjudicated, and immigration offenders under correctional supervision. The data in the report are from the BJS Federal Justice Statistics Program. Highlights include the following: • The number of defendants prosecuted for an immigration offense rose from 6,605 in 1996 to 15,613 in 2000. • Average time to be served by immigration offenders entering Federal prison increased from about 4 months in 1986 to 21 months in 2000. • 57% of suspected immigration offenders were Mexican citizens; 7%, U.S. citizens; 3%, Chinese; and 28%, all other nationalities. 08/02 NCJ 191745 Press release | Acrobat file (385K) | ASCII file (42K) Spreadsheets (zip format 44K) About the source data | Codebooks & data sets | To order paper version Help for using BJS products BJS home page | Top of this page

Bureau of Justice Statistics www.ojp.usdoj.gov/bjs/ Send comments to [email protected]

http://www.ojp.usdoj.gov/bjs/abstract/iofcjsOO.htm

OJP Freedom of Information Act page Privacy Statement and Disclaimers Page last revised on August 6,2002

3/31/2004

Bureau of Justice Statistics Press Release: Immigration Offenders in the Federal Criminal... Page 1 of 2

li.S. Department of Justice

BJS

Bureau of Justice Statistics

BJS home page Press releases More information about this report

ADVANCE FOR RELEASE AT 4:30 P.M. EOT TUESDAY, AUGUST 6, 2002

BJS 202/307-0784

IMMIGRATION LAW PROSECUTIONS DOUBLE DURING 1996-

2000 WASHINGTON, D.C. - The number of people prosecuted for immigration offenses in federal courts more than doubled from 1996 through the year 2000, growing from 6,605 defendants in 1996 to 15,613 defendants in 2000, the Justice Department's Bureau of Justice Statistics (BJS) announced today. In 1996 a new law authorized increases in U.S. Immigration and Naturalization Service (INS) hiring, which resulted in the number of INS law enforcement officers growing from 12,403 to 17,654. Two-thirds of the increase were Border Patrol agents. Approximately 75 percent of the increase in referrals to U.S. attorneys for immigration offenses between 1996 and 2000 occurred in the five states (Texas, California, Arizona, New York and Florida) that received the greatest number of new INS officers. The number of immigration offenders serving federal prison sentences increased almost ninefold between 1985 and 2000- from 1,593 to 13,676 adult men and women—more than twice the rate of increase for the entire federal prison population. A major portion of this growth was attributable to changes in federal sentencing law that increased the likelihood of a convicted immigration felony offender receiving a prison sentence - from 57 percent in 1985 to 91 percent in 2000 - in lieu of some lesser sanction. The growth was also the result of increased sentences and time actually served, which increased from about 4 months in 1985 to 21 months in 2000. The increase in the number of immigration offenders serving time in federal prisons accounted for 14 percent of the overall growth in the federal prison population during the period since 1985. Non-citizens convicted of immigration or other crimes (e.g. drug offenses) accounted for a third of that increase. Fifty percent of those charged with immigration offenses during 2000 were accused of reentering the country illegally, 25 percent with improper entry, 20 percent for alien smuggling and 5 percent for misusing visas or other immigration offenses. Criminal history played a significant role in the charging decision - more than two-thirds of defendants charged with an immigration offense had a history of previous arrests, 36 percent had 5 or more prior arrests. Sixty-one percent of immigration defendants had a prior conviction history. Overall, ninety-six percent of immigration offense defendants were convicted when prosecuted in the federal courts. During 2000, about 16,495 men and women referred to U.S. Attorneys were suspected of committing immigration offenses, the BJS special report noted, of which 57 percent were Mexican citizens, 7 percent U.S. citizens, 3 percent Chinese citizens. Eighty-seven percent of the Mexican nationals and 93 percent of the Chinese nationals were charged with illegal entry or reentry. Sixty-four percent of the U.S. citizen defendants were charged with alien smuggling. Of the 14,540 federal defendants charged with immigration offenses during 2000, 92 percent were male, 87 percent were Hispanic and almost 80 percent

http://www.ojp.usdoj.gov/bjs/pub/press/iofcOOpr.htm

3/31/2004

United States General Accounting Office

GAO

Testimony Before the Subcommittee on Immigration and Claims, Committee on the Judiciary, House of Representatives

Wednesday, June 19, 2002

IMMIGRATION ENFORCEMENT J.-LV J.-LY J. J. V ^ J . ^ - L L A J . V ^ J . 1

Challenges to Implementing the INS Interior Enforcement Strategy Statement by Richard M. Stana, Director, Justice Issues

GAO

Accountability * Intearitv * Reliability

GAO-02-861T

US DEPT. OF JUSTICE : STRATEGIC PLAN (1997-2002)

Page 1 of 37

MESSAGE FROM THE ATTORNEY GENERAL

I am pleased to present the Department of Justice Strategic Plan for 19972002. This Plan, the first ever of its kind for the Department, sets forth our mission, long range goals, the strategies for achieving these goals, and the indicators we will use to gauge our performance over the next several years. It provides the foundation for our ongoing efforts to improve the performance of our programs and achieve the results that the American people rightfully expect. The Department of Justice has a rich and storied history. Although the position of Attorney General has existed since the founding of the Republic, it was not until 1870 that a separate Department was created bringing together under the authority of the Attorney General the activities of United States Attorneys, United States Marshals and others. Today our myriad responsibilities touch the lives of nearly all Americans. We investigate and prosecute Federal crimes; we represent the United States of America in court; we manage the Federal prisons; and we enforce the Nation's immigration laws. We work with our partners at home and abroad in enforcing the law and improving the system of justice for all Americans. Our hallmark today, as it was in 1870, is the pursuit of justice. This is our most solemn and sacred duty. In remarks dedicating the Main Justice building in 1934, former Attorney General Homer Cummings said: "May its doors never be closed to those who would do justice or to those who suffer from injustice." As we enter the 21st century, we recommit ourselves to fulfilling his injunction. We are here to serve all Americans. Our Strategic Plan is a living document. It guides our annual budget and performance planning. It sets the framework for measuring our progress and ensuring our accountability to the public. We will revise and update this Plan as circumstances change and as we learn from experience. I welcome your comments.

/

Janet Reno

TABLE OF CONTENTS

Introduction

http://www.usdoj.gov/jmd/mps/plan.htm

4/1/2004

TESTIMONY OF JAMES W. ZIGLAR COMMISSIONER IMMIGRATION AND NATURALIZATION SERVICE

BEFORE THE COMMITTEE ON APPROPRIATIONS SUBCOMMITTEE ON COMMERCE, JUSTICE, STATE, AND THE JUDICIARY UNITED STATES HOUSE OF REPRESENTATIVES

CONCERNING

THE PRESIDENT'S FY 2003 BUDGET REQUEST

MARCH 7, 2002

SHUSTERMAN'S IMMIGRATION UPDATE (March 2002), a Free Monthly Newslet... Page 14 of 15 On January 25, Deputy Attorney General Larry Thompson sent an eight-page memorandum entitled "Guidance for Absconder Apprehension Initiative" to the INS Commissioner, the FBI Director, the Director of the U.S. Marshals Service and all U.S. Attorneys. The "absconders" which the government seeks to apprehend are an estimated 314,000 persons present in the U.S. who are under final orders of deportation. The memo states that "while the INS will undertake to deport all 314,000 from the United States, there are several thousand among that group who come from countries in which there has been Al Qaeda terrorist presence or activity. We want to focus our initial efforts on these priority absconders, as we believe that some of them have information that could assist our campaign against terrorism." The memo then goes on to explain, in some detail, the process for apprehending and interviewing and prosecuting/deporting "priority absconders". Reading the memo, I was struck by the huge amount of paperwork and manpower required to implement the initiative. I wonder what evidence the Justice Department possesses, if any, that there are a significant number of persons under final orders of deportation (which is what identifies one as an "absconder") who have knowledge of Al Qaeda activities. For example, we know that of the 19 terrorists who hijacked the four airliners on September 11, all but one entered the United States using valid tourist visas. One used a student visa. None of the terrorists had applied for asylum or was under deportation proceedings. None one was an absconder, priority or otherwise. Why then would one focus on the ranks of persons under final orders of deportation in an attempt to locate Al Qaeda members and sympathizers? In fact, wouldn't it be more likely that they, like the 19 terrorists, would do everything possible not to call attention to them? Wouldn't it be safer for them to be present in the U.S. legally than illegally? They could be U.S. citizens, permanent residents, students or tourists. However, if any of them are under a final order of deportation, this would leave a paper trail a mile long. Not very smart for a person who wants to remain anonymous and unnoticed until it is time to hijack a plane, explode a bomb or commit some other terrible crime. In seeking to enforce INS deportation orders against "absconders", most of who are citizens of Mexico and various Central American countries, and in trying to apprehend Middle Eastern terrorists, isn't the government mixing apples and oranges? The Justice Department memo can be accessed at http://shusterman.com/pdf/ag-absconder.pdf (PDF File) (P.S. - No one won the February 2002 Immigration Trivia Quiz. The persons pictured were all honored at the American Immigration Law Foundation's Immigrant Achievement Awards on March 8. See http://www.ailf.org) Carl Shusterman Certified Specialist in Immigration Law, State Bar of California Former U.S. Immigration & Naturalization Service Trial Attorney (1976-82) Board of Governors, American Immigration Lawyers Association (1988-97) Phone: (213) 623-4592 Fax: (213) 623-3720 Law Offices of Carl Shusterman, 624 So. Grand Ave., Suite 1608

http ://www. shusterman.com/mar02 .html

4/6/2004