INS Testimony on Combating
Terrorism
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
10:00AM
215 DIRKSEN SENATE OFFICE BUILDING
January 30,
2003
Good morning Mr. Chairman and Members of the Committee. Thank you
for the opportunity to appear before this committee today to discuss
the Immigration and Naturalization Service’s (INS) commitment to
combating terrorism.
The INS responded to the September 11, 2001, terrorist attacks with
an immediate and sustained dedication of effort by performing direct
law enforcement activities, providing identification and intercept
capabilities, increasing border security, supplying intelligence
information, completing investigative and detention functions with the
goal of strengthening national security, and working even more closely
with our fellow law enforcement agencies.
Allow me briefly to describe how, since September 11th, INS is
strengthening border security, enhancing our interior enforcement
efforts, and working in coordination with the new Department of
Homeland Security.
Ports-of-Entry
INS along with other federal law
enforcement agencies are responsible for 368 land, sea, and air
Ports-of-Entry (POEs) covering more than 8,000 miles of land and
coastal borders. Our lead role in the admissibility and control of
aliens is fundamental to the security of the United States, so, one
can understand the magnitude of INS’ responsibility. Since September
11th, Immigration Inspectors at our POEs have focused on providing
heightened security, at first with INS’ Threat Level One operating
procedures and now with our color-coded Alert Level operating
guidance. Threat Level One commitments included: staffing all small
and remote land ports 24 hours a day, 7 days a week; completing record
checks of those seeking admission; completing enhanced checks of
vehicles as they cross the land borders; and working with the U.S.
Coast Guard and other agencies to safeguard our seaports.
Because of September 11, 2001, there was an increased focus on our
Northern Border POEs, this resulted in more than 250 Inspectors, an
increase of nearly 55%, being added along our Northern Border.
In order to support and sustain last year’s Threat Level One
operations in terms of monitoring and securing our land POEs, we
requested and received support from the Department of Defense (DoD).
This request was supported through $34 million provided in the first
Counter Terrorism Supplemental Appropriation passed by Congress.
The DoD supplied National Guard personnel and equipment to land
border POEs to provide a heightened security presence, assisted INS
officers in physical inspection of vehicles, and helped perform
traffic management and pedestrian control duties. Between the POEs,
the DoD supplied logistical and technical support to sector
intelligence centers, helicopters in six sectors, and assistance in
deploying sensing and surveillance equipment. INS has effectively used
this partnership to maintain Threat Level One anti-terrorism
operations to protect the integrity and security of our border.
Most recently, INS has implemented the National Security Entry Exit
Registration System (NSEERS). The NSEERS program requires certain
nonimmigrant aliens from designated countries to be fingerprinted,
interviewed and photographed by the INS at POEs at the same time they
apply for admission to the United States. In addition, other aliens
who are identified from intelligence sources or who match certain
pre-existing criteria determined by the Attorney General or Secretary
of State may also be enrolled in NSEERS.
NSEERS promotes several important national security objectives:
- It allows the United States to run the fingerprints of aliens
seeking to enter the U.S. or present in the U.S. against a database
of known terrorists.
- It enables the INS to determine instantly whether such an alien
has overstayed his/her visa.
- It enables the INS to verify that an alien is living where he
said he would live, and doing what he said he would do while in the
United States, and to ensure that he is not violating our
immigration laws.
During the enrollment process, specific biographic information,
itineraries and addresses are collected. If aliens registered at POEs
remain in the United States longer than 30 days, they must return to
an INS office for an interview to confirm their address and activities
in the United States. Registrants must also complete a departure check
when they leave the country.
In addition to the POE enrollment process, there is another class
of aliens subject to special registration, known as “Domestic
Registrants.” Domestic Registrants are certain nonimmigrant aliens who
were admitted to the United States prior to the inception of the new
registration program, have since remained and who, when designated by
the Attorney General, must report to an INS office to be registered.
The purpose is to gather the same information that may have been
collected at the POEs had those aliens arrived after the effective
date for NSEERS. These requirements do not apply to United States
citizens, lawful permanent residents, refugees, asylees, certain
asylum applicants or aliens who entered without inspection. The goal
of NSEERS is to secure our borders, by intercepting terrorists and
criminals at the POEs, by identifying aliens who deviate from their
stated purposes once they enter the country, and by identifying
instantly aliens who overstay their visas. The process has operated
effectively with participation of more than 74,000 temporary foreign
visitors from more than 151 countries. INS officers have made every
effort to minimize any delay or inconvenience to those individuals
required to register under this program. Currently, our average
processing time for registration at the port of entry is only 18
minutes.
As of January 23, 2003, NSEERS has led to the identification and
apprehension of 7 suspected terrorists. In addition, under the NSEERS
program, we have apprehended or denied admission to more than 341
aliens at our ports of entry who present law enforcement threats due
to felony warrants or prior criminal or immigration violations
rendering them inadmissible. These individuals would have entered the
country had NSEERS not been in place. Thus far, 26,334 individuals
have been registered through the domestic enrollment program and 2,776
of those individuals have been charged with status violations. 84 of
these individuals remain in custody and 21 have serious criminal
histories. Among these individuals are an alien from a state sponsor
of terrorism who was here illegally and had been convicted three times
of assault with a deadly weapon and an alien from a state sponsor of
terrorism who was here illegally and had been convicted twice of child
molestation. In addition, as a result of evading the 30 day reporting
requirement, we investigated and apprehended a Saudi Arabian flight
student in Florida, who has now been placed in removal
proceedings.
Effective border enforcement starts overseas. Through an initiative
with the Department of State, we have deployed more than 100
immigration officers, most of them Inspectors, to consulates and
airports abroad to aid local authorities in identifying and
intercepting individuals attempting to enter the United States by
means of fraud.
As part of our ongoing efforts to enhance public safety and
national security, the INS announced this month that it will require
all commercial carriers to submit detailed passenger manifests to the
INS electronically before an aircraft or vessel arrives in or departs
from the United States. Section 402 of the Border Security and Visa
Entry Reform Act of 2002 requires the submission of Advanced Passenger
Information (API) on all passengers arriving by sea or air. Passenger
information that must be submitted in advance includes: complete name;
date of birth; citizenship; gender; passport number and country of
issuance; country of residence; U.S. visa number, date and place of
issuance (where applicable); alien registration number (where
applicable); address while in the United States; and such other
information the Attorney General, in consultation with the Secretary
of State and the Secretary of Treasury, determines to be necessary for
the enforcement of the immigration laws and to protect safety and
national security. The advance submission requirement will help the
INS verify the identities of individuals being transported and enforce
U.S. immigration laws. This program will assist inspectors in our
Passenger Analytical Units (PAUs) in reviewing passenger manifests
prior to an aircraft or vessel’s arrival. These units generate useful
information for Inspectors engaged in determining whether an alien
seeking admission to the United States is in fact admissible. Using
the Advanced Passenger Information System (APIS) in conjunction with
the Interagency Border Inspection System (IBIS), INS PAU Inspectors
are able to analyze precisely the passenger arrival and departure
information.
Combined with other passenger information systems or information
obtained through on-line airline reservation systems, Inspectors can
make associations between suspected fraud and smuggling activity and,
through link analysis, identify individual enforcement targets before
they arrive in the United States for inspection. This critical work
assists the INS in identifying illegal aliens, criminals, and
terrorists prior to their arrival at a U.S. POE.
We have worked with the State Department to expand data sharing to
ensure that Immigration Inspectors have access to the issued visa
information in the Consolidated Consular Database. Because of this
cooperative effort, an alien’s photograph from the time of visa
issuance and visa information is now available in INS Secondary
Inspection to help determine if an alien is engaging in fraudulent
conduct. We will continue to work with the Department of State to
expand our exchange of information.
In the aftermath of September 11th, INS worked with other agencies
and the Office of Homeland Security to develop 7 interagency security
enhancements initiatives for the refugee program. These heightened
security enhancements included additional databases, records and
fingerprint checks, and pre-flight notification to the FBI. By
implementing these measures, we balanced protecting ourselves against
people who seek to harm the United States with our commitment to
provide resettlement to those in need of protection.
The INS, other Department of Justice components, and the State
Department developed new criteria for scrutinizing visa applicants,
which are now in place. Together, we are reassessing the eligibility
of certain countries to participate in the Visa Waiver Program (VWP).
For example, the Attorney General terminated Argentina’s participation
in the VWP in February 2002, and we have joined with the State
Department to tighten regulations regarding various entry procedures
that under ordinary circumstances facilitate travel, but which could
be exploited to do harm to the United States.
Current law, states that U.S. citizens do not need passports to
travel in the Western Hemisphere, except to Cuba.
Immigration Enforcement with the United States
INS has
always emphasized, and will continue to emphasize national security by
protecting our country’s borders and through enforcement of our
immigration laws. In late 1997, INS designated a Counter Terrorism
Coordinator for the INS’ involvement with other agencies in the
federal effort against international terrorism. In 1999, the National
Security Unit (NSU) was formally created within the Office of Field
Operations. In 2000, the Office of the General Counsel created the
National Security Law Division to work hand in hand with the NSU. This
Division is charged with the coordination of legal advice for all
national security cases, programs and law enforcement actions
performed by the Immigration and Naturalization Service. These two
offices work together to ensure that alien terrorists, human rights
abusers and other non-citizens that pose a threat to the security of
the United States are placed in removal proceedings and removed from
the country. The NSU Office of Field Operations was designated on
September 14, 2001 within the Office of Field Operations to coordinate
the investigation and possible detention of individuals related to the
attacks of September 11th. The attacks on September 11th refocused the
INS’ strategic approach to its interior enforcement responsibilities.
The INS is committed, as the highest priority of its interior
enforcement strategy, to ensure domestic security using all the
immigration law enforcement tools at its disposal. There are several
notable examples of this approach.
As a result of a new emphasis on worksite enforcement targeting
national interest industries and infrastructure, there has been a
significant increase in employer-related case completions.
Specifically, soon after September 11th, the INS launched Operation
Tarmac, an operation designed to enhance security at our nation’s
airports. Operation Tarmac has been undertaken in cooperation with a
variety of Federal agencies, as well as airport authority management
officials. Operation Tarmac consists of proactive worksite enforcement
investigations into the hiring practices of companies employing
individuals who work at airports and who have direct access to
commercial aircraft and other secure areas. It is designed to ensure
that these individuals are authorized to work in the United States and
that employers are complying with the employment eligibility
verification requirements. Particular attention is devoted to
companies that provide security at major airports throughout the
United States.
Operation Tarmac has proven to be an important enforcement
operation. For example, the INS has audited more than 224,000
Employment Eligibility Verification Forms (Forms I-9) at more than
3,000 airport businesses; and, to date, over 900 unauthorized aliens
have been arrested, and over 680 have been charged with criminal
violations of law. Operation Tarmac has resulted in the prosecution of
individuals who have violated criminal immigration statutes and in the
removal of unauthorized aliens from airport worksites. Operation
Tarmac also provides fraudulent document training to security
officials responsible for granting access badges to secure areas.
INS also initiated Operation Glowworm, using the same goals and
methodologies to enhance the security of our nation’s nuclear power
facilities. INS field officers have already investigated 89 nuclear
plants and facilities and 65,000 permanent and contract employees with
direct plant and facility access.
With international interest on Super Bowl XXXVII at San Diego,
California, the INS launched Operation Game Day in support of public
security and safety. Operation Game Day targeted the Security Guard
and transportation (Taxi, Limousine and Shuttle Drivers) industries in
the San Diego area that had close or unrestricted access to Super Bowl
activities including Qualcomm Stadium. The INS reviewed employment
authorization records of approximately 11,000 security guards and
checked indices for approximately 3,500 licensed taxi drivers working
in the San Diego area. Operation Game Day resulted in the arrest of 45
security guards and 24 taxi or limousine drivers from countries all
over the world for either criminal or immigration violations of
law.
The INS Anti-Smuggling Program is focused on dismantling smuggling
organizations with links to terrorism and other smuggling
organizations that pose a risk to the national security of the United
States. Information available to the INS indicates terrorist
organizations often use human smuggling organizations to move around
the globe. Investigations of these organizations play a vital role in
the INS’ overall homeland security efforts.
Our efforts to focus our anti-smuggling resources on domestic
security led to the initiation of Operation Southern Focus. In January
2002, the INS initiated a multi-jurisdictional enforcement initiative
targeting significant alien smuggling organizations specializing in
the movement of U.S.-bound aliens from countries that are of interest
to the national security of the United States. The INS believes that
alien smuggling organizations may wittingly or unwittingly be utilized
to clandestinely smuggle terrorists around the globe. Many targets of
Operation Southern Focus were believed to be responsible for smuggling
hundreds of aliens. Since the inception of this operation, eight
significant alien smugglers have been arrested and charged with alien
smuggling violations, and significant alien smuggling pipelines have
been severely crippled. INS participation in the Joint Terrorism
Task Forces (JTTFs) continues to be one of the key elements in the
INS’ efforts to combat international terrorism in the interior of the
United States. The INS has 153 agents stationed at 55 JTTF locations.
JTTF agents serve as a critical component in the effort to root out
terrorists and their supporters. INS Special Agents working with the
JTTFs have played a significant role in recent terrorist
investigations nationwide. Working closely with the FBI and other
agencies within the multi-agency task forces, INS Special Agents serve
the United States’ security efforts by proactively investigating,
targeting, and arresting known terrorists, terrorist organization
leaders, members, and associates. The INS’ Special Agents assigned to
the JTTFs have conducted approximately 6,800 joint INS/FBI interviews
since September 11, 2001 and play a critical role in our domestic
security efforts.
On January 28, 2002, the INS initiated the Absconder Apprehension
Initiative (AAI). The AAI is an aggressive strategy to locate and
apprehend aliens with unexecuted administrative final orders of
deportation or removal who have failed to appear for scheduled
immigration proceedings or have failed to surrender for removal as
ordered. The first phase of this initiative is focused on
apprehending, interviewing, and removing approximately 5,900 aliens
from countries where al Qaeda is known to operate or recruit. The
second phase of this initiative is focused on the apprehension and
removal of more than 300,000 aliens with unexecuted final orders of
removal. In order to help locate these aliens, we are entering their
names into the National Crime Information Center (NCIC) so that we add
the weight of other Federal, state, and local law enforcement officers
to this mission.
Ensuring that foreign students comply with the terms of their visas
is also critical to our nation’s security. To accomplish this, we have
developed and deployed the Student and Exchange Visitor Information
System (SEVIS). It is an Internet-based system that integrates and
incorporates information directly from schools, exchange programs, INS
systems, and Department of State data. This system will greatly
improve our ability to track foreign students. In fact, schools are
required to report the failure of a foreign student to enroll within
30 days after the school’s registration deadline. Additionally,
starting today, January 30, 2003, any new foreign student must be
entered and issued forms from SEVIS, and only INS or Department of
State approved schools or programs can access SEVIS. SEVIS will enable
us to track foreign students in the United States with far greater
speed and accuracy by maintaining critical, up to date information
about foreign students and exchange visitors, and ensure that they are
properly maintaining their status during their stay in this
country.
The Border Patrol
Following the events of September 11th,
the Border Patrol undertook a number of enforcement initiatives to
assist in supporting and augmenting U.S. national security. Upon the
initiative of the INS, 317 Border Patrol Agents were detailed to 9
airports across the country within 36 hours of the attack. As all of
you know, September 11, 2001, also resulted in a renewed focus on our
Northern Border and its security. The Border Patrol responded by
detailing additional agents and air assets to the 8 Northern border
sectors to augment existing capabilities and expand coverage within
the sectors’ areas of responsibilities. The Border Patrol worked in
cooperation with the U.S. Coast Guard conducting joint operations on
the Great Lakes and surrounding waterways to deter illegal entry and
apprehend violators.
On the Northern Border, the Border Patrol is working with the Royal
Canadian Mounted Police (RCMP), Citizenship and Immigration Canada,
Canada Customs and Revenue Agency and U.S. Customs to establish
Integrated Border Enforcement Teams (IBETs) at several key locations.
IBET teams serve as a “force multiplier” by combining team personnel,
resources and technology from many agencies, both Canadian and
American, to enhance border integrity and security at our shared
border. IBETs operate as intelligence-driven teams to address
terrorism and identify and arrest persons who pose a threat to
national security or who engage in other criminal activity. For the
first time in INS history, a permanent Border Patrol Agent position
has been authorized to be assigned to RCMP headquarters in Ottawa,
Ontario in Canada. Understanding the critical need for permanent
staffing and equipment increases to strengthen security on our
Northern Border, with your support, we increased the number of remote
video surveillance cameras, fixed-wing airplanes, and helicopters to
our list of “force multipliers” along the Northern Border. We have
also added 245 experienced Border Patrol Agents to the Northern
Border, an increase of over 70% since September 11, 2001, in addition
to the more than 250 Inspectors added to Northern Border POEs that I
mentioned earlier.
The INS is actively engaged in direct cooperative actions with both
Canada and Mexico to secure our collective borders. Last December
2001, INS actively engaged in an Office of Homeland Security-led
international conference in Ottawa, Canada, that included
representatives from the Departments of Justice, Transportation,
Defense, State, and of the Treasury. An important product of that
conference was a Smart Border Declaration signed by then Homeland
Security Director Tom Ridge and Canadian Deputy Prime Minister John
Manley. The Declaration includes 30 initiatives aimed at enhancing
security along our shared border. The INS was a major contributor to
this agreement. Turning to our southern border, in the context of 20
meetings held in Washington, Mexico City and Monterrey, since
September 11, U.S. and Mexican representatives have developed a
comprehensive and unprecedented dialogue on border safety,
regularization and other border security issues.
On March 22, 2002 then Governor Ridge, the then INS Commissioner
Ziglar, and other senior Administration officials traveled to Mexico
City, Mexico to develop broad-based proposals for strengthening our
joint security and to build on recent cooperative efforts with the
Mexican government. At that meeting, we signed the U.S. – Mexico
Border Partnership. The 22-point U.S. – Mexico Border Partnership
Action Plan focuses on three areas: infrastructure development, the
secure flow of people, and the secure flow of goods. INS is working
with the Department of State and other agencies to provide appropriate
law enforcement training, technical and material foreign assistance to
Mexican authorities in implementation of the Action Plan. This
agreement affirms our commitment and cooperation to safe and orderly
borders by endorsing a series of specific actions intended to serve
our common security in the years to come. By working together, the
United States, Canada and Mexico will ensure more secure borders. We
will continue to deploy agents, technology and support resources to
meet our long-term border management objectives to maintain and extend
control along the Southwest Border and increase control along the
Northern Border.
Conclusion
The INS’ mission of deterring illegal
migration and combating immigration-related crime has never been more
critical to our nation’s efforts to ensure the safety of the American
public. As you know, the INS will transition to the new Department of
Homeland Security on March 1, 2003. Once there, the INS will be
divided between its service and enforcement components, and the
organization we all know as the INS will cease to exist. The new
agencies that carry out our nation’s immigration mission will be
different. The men and women of the INS are preparing for this
significant change. One thing is certain, what will not change is the
determination and dedication of the men and women of the INS to secure
our borders and make our nation safe.
