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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

t V Dr|MHntMil oF Itmnc

U.l>. Immigration
aiul ( usU>ms
Fin force mem

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: 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)

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: 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 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 LAW & POLICY

Immigration
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.
IACP - Documents - Chief Counsel's Archive Page 1 of3

INTERNATIONAL ASSOCIATION CHIEFS OF POLICE

IACP,
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Research Center The War on Terror's "Absconder Initiative"
Foundation
By Craig E. Ferrell Jr.
Resolutions
Publications By Craig E. Ferrell Jr., Deputy Director, Administrative General Counsel, Chiefs Command Legal
Services, Houston, Texas, Police Department
Awards/
Campaigns
September 11, 2002, marked the one-year anniversary of the terrorist attacks on the United States. As
Legislative we all know by now, some of the hijackers were in this country legally, while others had overstayed
Activities 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.
Professional
Assistance The task of locating foreign nationals remaining in the United States after their visas have expired
Divisions/ (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
Sections/ of Justice listed the names of these absconders on the National Crime Information Center (NCIC)
Committees 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 Page 1 of3

Deceml

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Nation/Politics
Commentary Classifieds

Site Map Groups sue over immigration TOP STORIES

data • Albright's joke joins

Front Page
growing list of Bush
Nation/Politics By Jerry Seper theories
THE WASHINGTON TIMES
-Pruden on Politics • Bush marriage Mortg
-Inside the Beltway stance not 'clear' at 40'
-Inside Politics • Summit group
-Inside the Ring confirms use of ID Select 'i
Several pro-immigration and civil rights chip RateS!
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• Groups sue over
-Around the Nation lawsuit to stop the government from immigration data
r 4
-Daybook entering immigration information into a r 5
• Hinckley freed for
-Steiner Cartoon national crime database, saying the data is day trips r 6
World being misused in the wake of the r 7
Commentary September 11 attacks on America. r s
Editorials/Op-Ed Filed in U.S. District Court in New York, <? 9
Metropolitan the suit says the Justice Department and
Sports the FBI unlawfully entered civil • Sharon: Israel May Cli
Business immigration information into the National Move Some 020Q3L
AHRigtC
Settlements
Special Reports Crime Information Center (NCIC),
'• Rebels Kill One U.S.
Technology accessed by state and local police millions Soldier in Iraq
of times each day. Thus, the action • Royal Coroner to
Entertainment
subjects immigrants to the risk of unlawful Hold Princess Di
Books
arrest by state and local police. Inquest
Food
The suit also questions the authority of • Niagara Falls
Wash. Weekend Survivor Fined for
Attorney General John Ashcroft and the
Travel Stunt
Justice Department to enlist state and • French Muslim Girls
Family Times
local police in the enforcement of federal Eye Catholic
Culture, etc. Schools
immigration laws. n
Civil War "Co-opting state and local police to • Clark: Milosevic
Weather make immigration arrests undermines Warned of Massacre
Corrections • Taiwan SARS Case
public safety and encourages racial
Doesn't Worry
Classifieds profiling," said Raul Yzaguirre, president Officials
n

Home Guide and chief executive officer of the National • Russian President to
Auto Weekend Council of La Raza, one of the suit's 3
Seek Second Term
plaintiffs. • Canada Promises to
Employment Revive Pot Bill
"It makes immigrant victims and n
Health • Ireland Will Probe For The
witnesses afraid to report crimes and

http://www.washtimes.com/national/20031217-100144-6559r.htm 3/31/2004
5TgnOnSanDiego.com > News > Nation — Justice inspector general criticizes immigratio... Page 1 of 2

<5^ PRINTTHIS

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
*~~ ~ ^Printer friendly version Page 1 of 2

Tucson Citizen
www.tucsoncltizen.com

Printer Friendly Version

* Mac Users Select "File > Print" from your menu bar to print
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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
grico@tucsoncitizen.com

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 imple-
mented 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 Naturali-
zation Act.

In December 2002 the Criminal Justice Information Services Advisory Policy Board approved a mo-
tion to restructure the NCIC DFF to accommodate the entry of the aforementioned foreign-born indi-
viduals. 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) transla-
tion, 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 author-
ized to enter records into the IVF. The Originating Agency Identifier (ORI) for OKI/VTINS1000
will translate to BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, LAW EN-
FORCEMENT 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 de-
ported for drug trafficking, firearms trafficking, or serious violent crimes.
Caveat:
WARNING REGARDING FOLLOWING RECORD - SUBJECT OF NIC/NXXXXXXXXX IS A PREVIOUSLY DE-
PORTED FELON. CONTACT LESC AT (877) 999-5372 FOR IMMEDIATE HIT CONFIRMATION AND AVAIL-
ABILITY 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 OUT-
STANDING ADMINISTRATIVE WARRANT OF REMOVAL FROM THE UNITED STATES. CONTACT LESC
AT (877) 999-5372 FOR IMMEDIATE HIT CONFIRMATION AND AVAILABILITY OF BUREAU OF IMMIGRA-
TION 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

IACP - Documents - Chief Counsel's Archive Page 1 of3

INTERNATIONAL ASSOCIATION o) CHIEFS OF POLICE

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IACP Home Legislative Activities

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By Craig E. Ferrell Jr.
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Publications By Craig E. Ferrell Jr., Deputy Director, Administrative General Counsel, Chiefs Command Legal
Services, Houston, Texas, Police Department
Awards/
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September 11, 2002, marked the one-year anniversary of the terrorist attacks on the United States. As
Legislative we all know by now, some of the hijackers were in this country legally, while others had overstayed
Activities 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.
Professional
The task of locating foreign nationals remaining in the United States after their visas have expired
Divisions/ (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
Sections/ of Justice listed the names of these absconders on the National Crime Information Center (NCIC)
Committees 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 Page 1 of 10

for honest Government

Tom Flocco m our lif

Home Story Archive Your Account Contact Tom About

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Tom

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• Home • Me
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• Stories Archive hijacker's kin to leave U.S. with son of Saudi defense minister In
without questioning them. M
QL
Sai
by Tom Flocco

WASHINGTON - April 4, 2004 - Posted 07:45 ET - Art!

Marian! vs Bush TomFlocco.com — A copy of a previously unpublished manifest,
Ellen Marian! obtained late Thursday night and dated September 15, 2001, provides
Case evidence of a private Boeing-727 Saudi flight from Lexington,
911forthetruth Kentucky to London. But the names on the manifest raise serious
Acrobat Reader
questions about FBI policies and procedures related to witness
identification, criminal investigations and obstruction of justice.
You will need Adobe F
Acrobat Reader to secc
access our PDF Ahmad A. M. Alhazmi, 20, (Saudi passport no. B805019) is listed on
Files the manifest with Prince Sultan bin Fahad bin Salman bin
Abdulaziz, 19, (Saudi passport no. 406 A), son of Saudi defense
M minister Crown Prince Abdullah bin Abdulaziz.

Download Free 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
Top Referrers Ahmad Alhazmi has the same last name as Nawaf Alhazmi, one of the
rense.com
terrorists identified as an alleged hijacker of American Airlines flight
77.
whatreallyhappen..
Opt
davidicke.com

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

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 14-
fold 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 IMMIGRATION LAW & POLICY

^rj Immigration
""" " Center 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

Federation for American Immigratic

Media : Press Releases Recei

Select an Immigration Issue
Relea
Doing Research?
Cens
About FAIR Unde
Policy and Legislation
FAIR Applauds Effort To Print this!
Mass
E-mail this! !mmi

Media
Expand FBI Database Newt
I December 17, 2003 Proje
Press Releases
Op-Eds
Covering Immigration in Your State and Local Assistance in Immigration Enforcement Vital
State Recei
Immigration in the News (Washington, D.C. - December 17, 2003) Efforts to expand a national
Stein Report Headlines Illegc
database to enable state and local law enforcement officials to identify
A/V Clips Will!
and apprehend known criminals and illegal aliens are "an essential step
Publications to real homeland security and will be an invaluable tool in the effort to Then
Quotes Library combat terrorism in the United States," says the Federation for American Unde
CircL
What's New 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 View
their student visas.
Relal
"Information collection and sharing among the various federal agencies
Items
and local law enforcement is a vital step in preventing another 9-1 1 ," Topi<
commented FAIR'S executive director, Dan Stein. Stein noted that Grim
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, Depc
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 Loca
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. Sept.
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
L A T O U R & L L E R A S , p.A.
IMMIGRATION ATTORNEYS
Search Entire Site
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Ask a Legal Question
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http://www.usvisanews.com/memo418.html
Page 1 of 3
U.S. Visa News www.usvi
INS Fact Sheet on Interior Enforce
2/9/99
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:
• Identify and remove incarcerated criminal aliens from the United States a
recidivism,
• Deter, dismantle and diminish smuggling or trafficking of aliens,
• Respond to community reports and complaints about illegal immigration £
to solve local problems,
• Minimize immigration benefit fraud and other document abuse, and
• Block and remove employers' access to undocumented workers.
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.
—>_
Criminal Alien Tracking
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
• •
National Transportation System
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
3/31/2004
Anthony S. Tangeman Biography Page Page 1 of2

. U.S. Immigration
1. and Customs
Enforcement

ABOUT
LEADERSHIP RELATED LINI

Organization Air and Marine

Director, Office of Detention
Leadership and Removal Contact Informatk
t Director of Operations Anthony S. Tangeman for Emergencies
(Life-threatening)
> Chief of Staff Federal Buildings
Mr. Tangeman is the Director of the Office
of Detention and Removal (DRO) at U.S.
> Principal Legal Contact Informatk
Advisor Immigration and Customs Enforcement
(ICE) within the Department of Homeland for Emergencies
(Non-life-
> Director, Office of Air Security. threatening) in
and Marine Federal Buildings
Operations DRO manages the detention of
approximately 20,000 aliens on any given Detention Facilitie
> Director, Office of day throughout the United States, as well as the completion of more
Detention and
Removal than 100,000 final order removals annually. Mr. Tangeman directs the
work of almost 3,500 employees, including over 2,600 law Chief Counsel Lei
enforcement officers and 800 support personnel. Mr. Tangeman Offices
^ Director, Federal Air
Marshal Service assumed his current position in 2000.
Immigration Field
t Director, Office of Offices
Federal Protective The DRO mission is "to promote public safety and national security by
Service ensuring the departure from the United States of all removable aliens
through the fair and effective enforcement of the nation's immigration Interior Enforcerm
* Director, Office of laws." Under Mr. Tangeman's leadership, DRO has transitioned from Facilities
Intelligence its Department of Justice roots to ICE, while at the same time,
maintaining operations and implementing key initiatives. DRO has SAC/RAC Offices
t Director, Office of implemented critical detention and removal-related initiatives,
Investigations including: a new compliance-monitoring program for National
Detention Standards; a new Post Order Custody Review Unit focusing
> Director, Office of on the cases of long-term detainees; and forming National Fugitive
Public Affairs Operations Program (NFOP) teams to locate and apprehend criminal Adobe Acrobat
aliens and others who have defied final orders of removal. The NFOP Reader
* Director, Office of
Congressional Affairs has proved enormously successful in apprehending criminal-alien
absconders through the innovative "Most Wanted Criminal Aliens"
Contact program.

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 from nations that U.S. authorities consider havens for
members
of Osama bin Laden's al Qaeda terrorist network, and some have criminal
backgrounds, authorities said. U.S. officials declined to identify the
countries of 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)

uw-bill@UWSA.COM uw-bill@UWSA.COM
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 from nations that U.S. authorities consider havens for members
of Osama bin Laden's al Qaeda terrorist network, and some have criminal
backgrounds, authorities said. U.S. officials declined to identify the
countries of 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 Page 1 of 5

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Immigration Canada more closely with he INS and many new prosecutions will likely be a result of joint efforts by
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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 EN
supplemental record

*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 Page 1 of 1

II-
LEDS Trait
Hit Confirmation Handling Procedures .
( \• i \ -, ,
August5th-August 11th V J, /-x C-f--+- p«(
Jt-V*^
-Tr^iv Urt-Ct**\
j T^\ \ £ ? h c e
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:
webmaster.leds@state.or.us

http://www.leds.state.or.us/training tips/weekly_traming_tip_8-5-8-11 .htm 4/2/2004


iy, if necessary, compel
;s and the production of
:aring, and
;nated by the Commis-
ittendance of witnesses
lesignated place prior to
er paragraph (2).
D obey a subpoena law-
upon application of the
trict court of the United
mpliance with such sub-
der 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 viola-
lested, the Attorney Gen-
1 constitute a final and
administrative law judge
of the evidence received,
bsection (a), the adminis-
ngs 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 vi-
section.
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"
shall be considered a sepa-
review. The decision and
.ge shall become the final
Attorney General unless
al delegated by regulation
r the decision and order
nd order, or (B) within 30
tion or vacation (or within
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.
Law Handbook Immigration and Nationality Act
law judge if not so modified or vacated) the decision and order shall pay a civil penalty of not more than $500 to the Com-
is referred to the Attorney General pursuant to regulations351, missioner for each day the alien is in violation of this section.
in which case the decision and order of the Attorney General (b) Construction. Nothing in this section shall be con-
shall become the final agency decision and order under this strued to diminish or qualify any penalties to which an alien
subsection. may be subject for activities proscribed by section 243(a) or
(5) Judicial review. A person or entity adversely af- any other section of this Act.
fected by a final order under this section may, within 45 days PI
after the date the final order is issued, file a petition in the §275. [8 U.S.C. 1325] Entry of alien at improper time
or place; misrepresentation and concealment of facts
al
Court of Appeals for the appropriate circuit for review of the
ca
order. (a) Improper time or place; avoidance of examination
(6) Enforcement of orders. If a person or entity fails to or inspection; misrepresentation and concealment of facts.
CO
comply with a final order issued under this section against the Any alien who (1) enters or attempts to enter the United States
cri
person or entity, the Attorney General shall file a suit to seek at any time or place other than as designated by immigration
compliance with the order in any appropriate district court of officers, or (2) eludes examination or inspection by immigra- gr.
Su
the United States. In any such suit, the validity and appropri- tion officers, or (3) attempts to enter or obtains entry to the
ateness of the final order shall not be subject to review United States by a willfully false or misleading representation
CO
(7)352 Waiver by Attorney General. The Attorney Gen- or the willful concealment of a material fact, shall, for the first
un
eral may waive the penalties imposed by this section with re- commission of any such offense, be fined under title 18,
spect to an alien who knowingly violates subsection (a)(6) if United States Code, or imprisoned not more than 6 months, or
SUi
the alien is granted asylum under section 208 [1158] or with- both, and, for a subsequent commission of any such offense,
sec
holding of removal under section 241(b)(3) [1231].353 be fined under title 18, United States Code, or imprisoned not
. more than 2 years, or both. the
(e) 54 Criminal penalties for failure to disclose role as t the
document preparer. , j (b)357 Improper time or place; civil penalties. Any alien
em
(1) Whoever, in any matter within the jurisdiction of the ; who is apprehended while entering (or attempting to enter) the
um
Service, knowingly and willfully fails to disclose, conceals, or i United States at a time or place other than as designated by im-
of
covers up the fact that they have, on behalf of any person and • i migration officers shall be subject to a civil penalty of—
an)
for a fee or other remuneration, prepared or assisted in prepar- ' (1) at least $50 and not more than $250 for each such
ing an application which was falsely made (as defined in sub- : entry (or attempted entry); or
to ;
section (f)) of this section for immigration benefits, shall be (2) twice the amount specified in paragraph (1) in the case per
fined in accordance with title 18, United States code, impris- of an alien who has been previously subject to a civil penalty ori
oned for not more than 5 years, or both, and prohibited from under this subsection.
ney
preparing or assisting in preparing, whether or not for a fee or Civil penalties under this subsection are in addition to, and not
sha
other remuneration, any other such application. in lieu of, any criminal or other civil penalties that may be imposed.
for
(2) Whoever, having been convicted of a violation of para- (c) Marriage fraud. An individual who knowingly
graph (1), knowingly and willfully prepares or assists in prepar- enters into a marriage for the purpose of evading any provi- clui
ing an application for immigration benefits pursuant to this Act sion of the immigration laws shall be imprisoned for not more dun
[chapter], or the regulations promulgated thereunder, whether than 5 years, or fined not more than $250,000, or both.
Stat
or not for a fee or other remuneration and regardless of whether (d) Immigration-related entrepreneurship fraud. Any
in any matter within the jurisdiction of the Service, shall be individual who knowingly establishes a commercial enter-
ten
fined in accordance with tide 18, United States Code, impris- prise for the purpose of evading any provision of the immigra-
tion
oned for not more than 15 years, or both, and prohibited from tion laws shall be imprisoned for not more than 5 years, fined any
preparing or assisting in preparing any other such application. in accordance with title 18, United States Code, or both.
eral
(f) Falsely make. For purposes of this section, the inca
term "falsely make" means to prepare or provide an appli- §276. [8 U.S.C. 1326] Reentry of removed alien
(a) In general. Subject to subsection (b) of this section men
cation or document, with knowledge or in reckless disre- any:
any alien who—
gard of the fact that the application or document contains a be si
false, fictitious, or fraudulent statement or material repre- (I)358 has been denied admission, excluded, deported, or
removed, or has departed the United States while an order of porti
sentation, or has no basis in law or fact, or otherwise fails to othe
state a fact which is material to the purpose for which it was exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the (
submitted. United States, unless— port
(A) prior to his reembarkation at a place outside the United an a
.-!<«
States or his application for admission from foreign contiguous orde:
territory, the Attorney General has expressly consented to the a
I (a) In general. Any alien subject to a final order of re-
moval who— such alien's reapplying for admission; or
(1) willfully fails or refuses to—
(A) depart from the United States pursuant to the order,
(B) make timely application in good faith for travel or 357 Added by §105 of IIRIRA, applicable "to illegal entries or
amen
other documents necessary for departure, 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 perioi
month beginning after the date of the enactment of this Act."
(C) present for removal at the time and place required by graph
3 Paragraph (1) was amended first by §324 then a secondary April
the Attorney General; or
(2) conspires to or takes any action designed to prevent or amendment was made to the amended text by §308(d)(4)(J) of main
IIRIRA (as shown here). As first amended, the paragraph read: "(1) 359
hamper the alien's departure pursuant to the order.
has been arrested and deported, has been excluded and deponed,
or has departed the United States while an order of exclusion or de- the da
portation is outstanding, and thereafter." The amendment by 361
334 Added by §213 ofHRIRA. §308(d)(4)(J) notes that the amendment by §324 must occur first so
35 Subsection (f) and conforming amendments to §274C(d)(3) on till
the amendments have different effective dates and must both be 362
were added by §212(b) of 11RIRA and are applicable to the prepa- given effect within their temporal limitations. Section 324's amend-
ration of applications before, on, or after the date of enactment of on the
ments to subsection (a) apply to "departures that occurred before, 363 ,
1IR1RA. on, or after the date of enactment of [IIRIRAJ [September 30,
356 Added by §380 of 1IRIRA, effective for actions occurring on
1996], but only with respect to entries (and attempted entries) oc- apply
or after the title Ill-A effective date of 1IRIRA. curring on or after such date." (IIRIRA, §324(c)). Section 308's of[AE
amendments are effective on April 1, 1997 at which time the
130 131
Bureau of Justice Statistics Immigration Offenders in the Federal Criminal Justice System... Page 1 of 1

l.'.S. Department of Justice

BJS Bureau of Justice Statistics
BJS home
page Immigration Offenders in the Federal
Publications
Criminal Justice System, 2000
What's new 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
Relevant Illegal Immigration Reform and Responsibility Act of 1986 on prosecutions. This act
topics: authorized increases in INS law enforcement activities and personnel and required
Federal longer sentences for immigration offenders with serious criminal histories. The
justice
system report includes the number of persons evaluated for prosecution by the U.S.
Attorneys, the nationality of persons investigated, characteristics and criminal
Criminal
histories of defendants, trends in prosecutions of immigration offenders, defendants
offender
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 OJP Freedom of Information Act page

www.ojp.usdoj.gov/bjs/ Privacy Statement and Disclaimers
Send comments to askbjs@ojp.usdoj.gov Page last revised on August 6,2002

http://www.ojp.usdoj.gov/bjs/abstract/iofcjsOO.htm 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
ADVANCE FOR RELEASE AT 4:30 P.M. EOT BJS
Press releases
TUESDAY, AUGUST 6, 2002 202/307-0784

More IMMIGRATION LAW PROSECUTIONS DOUBLE DURING 1996-

information
about this 2000
report
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

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

ENFORCEMENT
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