Workplan For 9/11 Commission's Team 5

FOR OFFICIAL USE ONLY COMMISSION SENSITIVE

NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES TEAM #5 WORKPLAN Border Security and Foreign Visitors

Team Members: Elizabeth Swope _ .Tom Eldridge Susan Ginsburg Janice Kephart-Roberts

Item 1

Key Questions

Item 2

Suggested Readings

Item 3

Document Requests

Item. 4

Interview Candidates

FOR OFFICIAL USE ONLY COMMISSION SENSITIVE

Immigration, Nonimmigrant Visas and Border Control: Questions 1. Contemporaneous border security framework. On 9/11, what was the national framework governing entry and visits by foreign nationals that the terrorists encountered? How was responsibility shared among State, INS, Customs, and intelligence and law enforcement agencies? 2. The terrorists' entry. How did each of the 9/11 hijackers gain entry to the US? Describe their legal basis for entry; locations of visa applications and entry; pattern of entries; subsequent monitoring, etc. How did other terrorists and associates of the 9/11 terrorists' gain entry to the US? 3. Accountability. Could the border security framework in place prior to 9/11 have identified or excluded some or all of the 9/11 terrorists? If so, where were the failures, and what reasonably available additional measures might have made a difference? 4. Enforcement response. How has me government used immigration law enforcement authority to respond to the 9/11 attacks, both at the borders and with respect to foreign citizens in the U.S., including: detentions; "voluntary interviews;" closed hearings and other limitations on public information; military assistance to-the INS at the land borders; the absconder initiative and other removals; special registration and other new requirements? Have these measures been effective and what impact have they had on individual rights? 5. Watchlists. Tlow were watchlists and clearance procedures used to support consular, border, and internal immigration-related actions prior to the 5/11 attacks and since then? 6. Issuance of visas. Does the visa issuance process - its standards, procedures, resources, and enforcement mechanisms - effectively prevent terrorists from entering the U.S. and admit other people consistent with U.S. interests? 7. Visa Waiver Program. Does the Visa Waiver Program, by waiving the visa requirement for people meeting certain criteria from specific countries, appropriately balance the risk of terroristaccess to the US with other vital national interests? 8. Border screening and enforcement. With respect to people entering the US legally and illegally, what security and other gains can be achieved from improved screening and other enforcement measures before entering and at ports of entry, and along borders? Should some travelers be expedited? How important is more robust enforcement against alien smuggling? 9. Document fraud. What is the role of passport and other personal identification fraud in facilitating terrorist movement and access? What measures - including biometric identifiers in passports, driver license reforms, and enforcement activity - will reduce document fraud? 10. Enforcement of immigration laws as applied to foreigners after entry into the US. Does the government have sufficient information about the entry, stay, and exit of potential terrorists? Is it using the best means (a) to obtain compliance by foreigners with the rules; (b) gain . cooperation from affected employers and communities with law enforcement and intelligence agencies; and (c) find, adjudicate and penalize immigration law violations? What are the appropriate roles of federal, state, and local authorities in immigration law enforcement? 11. International cooperation. What is the role of international cooperation in reducing foreign terrorist entry to the U.S., including measures such as information sharing, arrangements with Mexico and Canada, and law enforcement cooperation?

Immigration, Nonimmigrant Visas and Border Control: Reading List 9-11 facts 1. FBI Summary of 9-11 hijackers, their countries of origin, dates of entry into and activity within the United States (12 pages) 2. Visas Issued to the September 11,2001, Hijackers. Source: Border Security, Visa Process Should be Strengthened as an Antiterrorism Tool, GAO, October 2002, Appendix n (2 pages) Border Security Laws, Processes, and Strategies 3. Key Immigration Laws Relating to Border Security (2 pages) 4. Simplified Overview of the Border Security Process. Source: 'Terrorist Watch Lists Should be Consolidated to Promote Better Integration and Sharing," GAO, April 2003, (1 page) — . ~ " . 5. Visitor Visa Process. Source: "The Immigration and Naturalization Service's Contacts With Two September 11 Terrorists: A Review of the INS's Admissions of "Mohamed Atta^and Marwan Alshehhi, its Processing of their Change of Status _ Applications, and its Efforts to Track Foreign Students in the United States," DoJ IG, May 20, 2002, pages 25-31, 56^58 (8 pages) 6. Grounds for Visa Ineligibility. Source: Border Security, Visa Process Should be Strengthened as an Antiterrorism Tool, GAO, October 2002, Appendix in (2 pages) 7. National Strategy for Homeland Security, pp. 21-23, Border and Transportation Security, July 2002 (3 pages) 8. Homeland Security Presidential Directive-2, Oct. 29, 2001 (4 pages) 9. Presidential Decision Directive-39 (U.S. Policy on Counterterrorism), June 21,1995 (excerpt) (2 pages) Congressional Testimony and Commissions 10. "Department of Homeland Security Transition: Bureau of Immigration and Customs Enforcement," Statement of Asa Hutchinson, Undersecretary for Borde'r and Transportation Security, Department of Homeland Security, before the House Judiciary Subcommittee on Border Security,, April 10, 2003 (7 pages) 11. INS. Statement of Joseph R. Greene, Assistant Commissioner for Investigations, U.S. Immigration and Naturalization Service, before the Joint Inquiry, October 1, 2002 (9 pages).

12. State Department Statement of Francis X. Taylor, Coordinator for Counterterrorism, State Department, before the Joint Inquiry, October 1,2002 (6 pages) Policy and press articles

13. "Visas for Terrorists," Joel Mowbray, National Review, October 28,2002 (6 pages) 14. "The Open Door, How Militant Islamic Terrorists Entered and Remained in the United States, 1993-2001," Executive Summary, Steven Camarota, Center for Immigration Studies, 2003 (9 pages) 15. "America's Challenge: Domestic Security, Civil Liberties arid National Unity," Muzaffar Chishti, Doris Meissner, Jay Peterzell, Stephen W. Yale-Loehr, Michael Wishnie, Demetri Papademetriou, Migration Policy Institute, forthcoming May 30, 2003 16. "America Slams the Door (On Its Foot), Washington's Destructive New Visa Policies," John N. Paden and Peter W. Singer, Foreign Affairs, May-June 2003 (7 pages) 17.. "Terrorists said to seek entry to U.S. via Mexico," Bill Gertz, The Washington Times,_April 15,2003 (3 pages) 18. "How to Fake a Passport," Jeff Goddell, New York Times Magazine.-February 10, 2002 (9 pages) . Pre-9111

19. "Foreign Terrorists in America: Five Years After the World Trade Center", Senate Judiciary Subcommittee on Terrorism, Technology and Government Information, February 24,1998 (3 pages) Memorandum on Loopholes in the U.S. Visa System, FBI Director Louis Freeh to Deputy Attorney General Jamie Gorelick, Sept. 26, 1994. (2 pages) Conclusions of the INS Task Force on Foreign Student Controls, 1995 (1 page) 20. "A Strategic Framework", The United States Commission on National Security/21st Century (Hart-Rudman), Phase JJ Report on U.S. National Security Strategy, April 15, 2000, pp. 11-13 (4 pages)

Immigration, Nonimmigrant Visas and Border Control: Document Requests General - Joint Inquiry: All materials provided by all federal agencies listed below to the Joint Inquiry Department of State Unredacted copies of visa applications and entry paperwork for 9/11 hijackers Memoranda by senior officials to all intelligence and law enforcement agencies concerning guidance on visa clearances and watchlists, 1998-present Immigrant Visa Control and Reporting, statistics on visa applications, processing times, denials, and reasons for denials prior to and post 9/11 Organization charts State, including personnel occupying posts 1998-2003 State, Office of Consular Affairs: CLASS; TIPOFF; Mantis, IP ASS, Shark, Viperrpreinspection, visa paperwork, visa waiver program, information-sharing agreements on border issues ,., *• *-*'All Memoranda of Understanding with State and other government agencies regarding information sharing on terrorists for use in watch listing known or suspected terroristsMemoranda from State to CIA and FBI concerning provision of intelligence and law enforcement information to TIPOFF _ Central Intelligence Agency TBD

Department of Defense Information on detention, treatment and trials of non-citizens related to terrorism (TBD). Defense Intelligence Agency TBD

National Security Agency

TBD

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Department of Homeland Security (INS, BICE, BCBP) INS/DHS memoranda relating to Justice's policy on INS/DHS' BICE and BCBP role in counter-terrorism, databases development, intelligence capabilities, and investigatory tools useful in countering terrorism both pre-9/11 and post 9/11 Directives, policies and procedures related to work by INS/BICE special agents on FBIled Joint Terrorism Task Forces and Foreign Terrorist Tracking Task Forces. All documents summarizing the results of the 6,800 joint interviews conducted by INS/BICE agents and the FBI since 9-11 as part of the Joint Terrorism Task Forces and Foreign Terrorist Tracking Task Forces, including the nationalities of people interviewed, locations of the interviews, whether any individuals were detained following these interviews, the charges brought against any people detained as part of this interview process, the current status of any people so detained, whether any such interviews resulted hi information leading to the arrest, detention or removal of a foreign terrorist, and if sorhow many. All documents summarizing the results of the interviews of Iraqi Nationals conducted by INS/BICE agents as part of Operation Liberty Shield, including the nationalities of people interviewed, locations of the interviews, whether any individuals were detained following these interviews, the charges brought against any people detained as part of this interview process, the current status of any people so detained, whether any.such interviews resulted in information leading to the arrest, detention or removal of a foreign terrorist, and if so, how many. _ All documents detailing the results of the Absconder Apprehension Initiative begun by legacy INS in January 2002 and focusing on 5,900 aliens from countries where Al Qaeda is known to operate and 300,000 more with unexecuted final orders of removal, including the number of personnel involved in the program, number of people apprehended, locations of apprehensions, number of people charged, the charges brought them, the current status of any people so charged, whether this initiative has resulted in information leading to the arrest, detention or removal of a foreign terrorist, and if so, how many. Statistics on how many investigations have taken place focused on protecting businesses of homeland security interests from the vulnerabilities created by the employment of unauthorized workers. All documents summarizing the results of Operation Tarmac. All documents summarizing the results of Operation Glowworm. All documents summarizing the results of BICE's Anti-Smuggling Program, including the number of investigations, whether any links to terrorist groups were established, whether any prosecutions were brought, and the results of any such prosecution.

All documents summarizing the results of BICE's Anti-Smuggling Program, including the number of investigations, whether any links to terrorist groups were established, whether any prosecutions were brought, and the results of any such prosecution. All documents sequestered regarding 9-11, including Texas Service Center Enforcement Operations Division, 911 Terrorist Review Mission/priority statements for INS/DHS for the last 7 years DoJ/INS/DHS mission statements or memos relating to the priority of countering terrorism at U.S. borders and POEs Documents describing / relating / explaining new DHS Border Security Directorate organization / responsibilities / personnel Organization charts for the last 7 years OMB finalized budgets for the last 7 years

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Congressional testimonies and responses to inquiries relating to counterterrorism for the last 7 years Summaries of immigration laws and regulations prepared by-INS relating to counterterrorism Summary of intelligence information flow within DHS Interagency memorandums of understanding on intelligence/ database sharing — agreements between DHS and the intelligence community, specifically TTIC; agreements between Customs and INS; agreements between DHS/INS and state and local law enforcement re intelligence/ database sharing; Agreements between DHS/INS and the international community Lists of documents produced to DoJ OIG Documents related to the INS National Security Unit, including documents relating to its creation; document s relating to its mission; documents relating to its appropriations/staff/allocation of resources Summaries/statistics relating to its investigations Program/database information relating to CIPRIS/SEVIS; NSEERS; etc. including: oversight correspondence between DoJ/INS; correspondence among Commissioner/Directorate offices and task forces overseeing / developing / implementing programs; task force reports / findings / charts; documents relating task force personnel / affiliates; congressional correspondence; special interest correspondence; documents stating full list of program characteristics/ applications; fraud data (to be specified); enforcement data (to be specified); overstay data (to be specified); prosecution / deportation data (to be specified)

Summaries of cases prosecuted on immigration grounds yet prioritized based on information that individual terrorist-affiliated Summaries of cases brought before the Alien Terrorist Removal Court Documents relating to cases of corruption or misappropriations at the borders or POEsCustoms All documents regarding Customs' contacts with the 9/11 hijackers.. Reports of actions taken at ports on 9/11 and in the period from 9/ll .to 9/20. Secret Service All documents related to the analysis done by the Secret Service for the Joint Inquiry on the ability of the Secret Service to link the 19 hijackers and locate them prior to 9/11. Summaries of memorandums of understanding with the intelligence community Summaries of capabilities to track suspects Department of Justice Organization charts Main Justice 1998-2003 Main Justice memoranda relating to Justice's policy on INS role in counter-terrorism, developing databases, intelligence capabilities, and investigatory tools useful in countering terrorism _ ~ Justice (BJS, EOUSA): summaries and statistics on deportations and removals Main Justice: summaries and statistics relating to unlisted arrests, detentions, special interest cases, and deportations FBI: Documents collected re entry of 9/11 hijackers; agents' summaries of entries and movements in U.S., including reports by JTTF personnel/detailees; intelligence and investigatory materials on 9/11 hijackers and potential affiliates; intelligence materials on suspected terrorists pre- and immediately after 9/11

Social Security Administration All SSA's information pulled related to the 9/1 terrorists Memoranda of understanding with other agencies post-9/11 Summary of SSN investigations conducted with FBI, IRS, BICE, BCBP, State General Accounting Office

Supporting documentation for border security related reports, including names and titles of people interviewed.

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: Team 3,9/11 Commission NND PROJECT NUMBER:

52100

FOIA CASE NUMBER: 31107

WITHDRAWAL DATE: 11/20/2008

BOX: 00001

TAB: 69

FOLDER: 0001

COPIES: 1 PAGES:

DOC ID: 31206576

2

ACCESS RESTRICTED ___ i The item identified below has been withdrawn from this file: FOLDER TITLE: Teams Workplans & Action Plans DOCUMENT DATE: 01/01/2003

DOCUMENT TYPE: Appendix

FROM:

TO: SUBJECT:

Team #5 Workplan Proposed Interview Candidiates

This document has been withdrawn for the following reason(s): 9/11 Law Enforcement Sensitive 9/11 Personal Privacy

WITHDRAWAL NOTICE