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5/14/2003 11:29 AM

National Commission on Terrorist Attacks Upon the United States

WORKPLAN

May 13,2003

Immigration, Nonimmigrant Visas and Border Control

Elizabeth Swope
Tom Eldridge
Susan Ginsburg
Janice Kephart-Roberts
5/14/03 11:48 FAX 202 708 4769 AGENCY LIAISON

Border Security and Foreign Visitors: Questions

I. What were the facts and circumstances of the 9/11 terrorist attack with respect to our
ms of immigration, nonimmigrant visas, and border controls?
f V f'
~~l/ a. How, specifically, did each of the 9/1 1 hijackers gain entry to the U.S.: their legal basis for
entry; locations of visa application and entry; pattern of entries, subsequent monitoring, etc.?
How did other terrorists and the associates of the 9/1 1 terrorists gain entry, etc.?

b. At the time of 9/1 1, what was the national framework — especially encompassing
State/DS/INR, Justice/INS/FBl, and Treasury/Customs, and intelligence agencies - governing
entry and visits by foreign nationals so as to reduce U.S. accessibility by foreign terrorists?

c. Could the then-existing border security structure have identified or excluded some or all of
the 9/11 terrorists, and if so, what persons, agencies, or systems failed, and/or what
reasonably available additional measures might have made a difference?

It. Does the current border security framework effectively reduce terrorist access to the
U.S.? /

a. What additional border security measures did the government impose in the period
immediately following the 9/1 1 attacks (with White House Tyeam) and subsequent to that time?

/b! What is the impact on security and other vital national interests of the changes made since
C •' 9/11 at each successive line of border control: (1) obtaining an internationally valid and secure
form of identification (with Aviation Security Team); (2) acquiring permission to enter the
U.S. outside U.S. borders, including the visa process (with Foreign Policy Team),clearances,
and other procedures (with Intelligence and Domestic Law Enforcement Teams); (3) screening
people and cargo at the border, including at ports of entry, and before the foreign point of
departure (with Aviation Security Team); (4) locating and tracking foreign nationals in the
U.S., (5) securing access by foreign nationals to legitimizing identification in the U.S.; (6)
enforcing immigration laws including through detention and removal (with Domestic Law
Enforcement Team); and (7) maintaining accurate exit records of foreign nationals.

DI. What specific recommendations would improve the U.S. ability to prevent foreign
terrorists from entering^the U.S., consistent with other national interests, including
constitutional principles and economic prosperity? Key policy topics;

a. Passports: biometric identifiers; fraud enforcement, b. Visas: policy on admissibility; the


watch list and clearance systems; procedures, including the visa waiver, resources; and fraud
enforcement; c. Border security: clearances and watch-lists; alien smuggling 'enforcement
resources and practices; [cargo security]; d. Post-entry activity: student and other reporting;
detention and removal practices; role of state and local authorities; e. international
cooperation, including with Mexico and Canada; and f. Code Red readiness and incident
response.
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Border Security and Foreign Visitors: Briefing Plan for Commissioners

Reading List

Table of immigration facts and circumstances regarding the 19 hijackers to be developed


by Team 5, with illustrative appendix

Summary materials: U.S. immigration law and governmental organization, statutes,


Commissions, and Commission recommendations

Statistics: visas issued; number/categories of entries; counter-terrorism; overstays, crime,


fraud; enforcement for period 1993-2003.

Summary of border security systems in place to counter terrorism: human, technology,


interagency intelligence sharing agreements.

1^
(s\s-iS^\d Security Council Border Security Advisor

DHS: Under Secretary Asa Hutchinson; Deputy Under Secretaries: Bureau for
Immigration and Customs Enforcement (BICE) Mike Garcia; Bureau of Customs and
Border Protection (BCBP) Robert Bonner.

Senior State Consular Affairs official, visa policy and procedures


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Border Security and Foreign Visitors: Interview Candidates

Joint Inquiry Staff

Dave Barton, currently Senate Governmental Affairs, minority


Rich Stana, currently GAO border security director

Department of Homeland Security (INS, BICE, BCBP, DHS)

Former INS officials:


INS Commissioners, Ziegler, Meissner
INS Assistant Commissioner, Chris Sales,
Director, National Security Unit
Chief, Task Force to implement student tracking, Morrie Berez,
Border inspectors of the 9/11 hijackers

Relevant DHS Unit Chiefs in BICE and BCBP (Enforcement, Intelligence, Inspections,
Technology, Program Directors

Department of Justice

Former officials:
Main Justice, Deputy Attorneys General: Gorehck:

Former and current officials:


Office of the Attorney: General, Chris Kobach,
Office of the Deputy Attorney General, Stuart Levy,
FBI: JTTF personnel from selected field offices
FBI: liaison(s) with Department of State for clearances
OIG: investigators involved in border security-related investigations

Department of State

Former officials:
Assistant Secretary of State for Consular Affairs Mary Ryan, (currently, Georgetown
University Institute for International Migration);
Consular officials responsible for issuing visas to 9/11 hijackers;
INR John Arriza,

General Accounting Office:

Investigators on visa and watch list reports

Central Intelligence Agency,

Liaisons with the Department of State for TIPOFF and clearances


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Department of Defense
Defense Intelligence Agency, National Security Agency

Liaison with Department of State for TIPOFF and clearances


Briefer on intelligence on 19 and suspected terrorists pre- and immediately after 9/11;

State and local law enforcement:

Police commissioners: Bratton (LA), Oliver (Detroit), Kelly (NYC)


Academic: George Kelling, top criminologist (Broken Windows) at Rutgers, who has
convened a monthly meeting of all east coast major city chiefs (including Commr Kelly)
to exchange information on anti-terrorism operational and enforcement policy issues

Business/economics:

Panels to be organized with the assistance of the following:


Business Council for International Understanding;
U.S. Chamber of Commerce;
National Association of Manufacturers;
National Academy of Science; /
Economist

Civil liberties and human rights:

TBD Law professor(s)

Community:

Arab-American moderate community leader

Immigration policy experts: (TBD)

Susan Martin, former Executive Director, US Commission on Immigration Reform,


currently at Institute for the Study of International Migration, Georgetown University;
Steve Camarota, Center for Immigration Studies;
Demetri Papademetriou, Director, Migration Policy Institute
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Border Security and Foreign Visitors: Document Requests

Joint Inquiry

Relevant sections of the Joint Inquiry report and interviews

Department of Homeland Security (INS, BICE, BCBP)

Organization charts INS/DHS 1998-2003

All materials provided to Joint Inquiry

INS/DHS memoranda relating to Justice's policy on INS/DHS' BICE and BCBP role in
counter-terrorism, databases development, intelligence capabilities, and investigatory
tools useful in countering terrorism both pre-9/11 and post 9/11

Department of Justice

Organization charts Main Justice 1998-2003

Main Justice memoranda relating to Justice's policy on INS role in counter-terrorism,


developing databases, intelligence capabilities, and investigatory tools useful in
countering terrorism

Justice (BJS, EOUS A): summaries and statistics on deportations and removals

Main Justice: summaries and statistics relating to unlisted arrests, detentions, special
interest cases, and deportations

FBI: Documents collected re entry of 9/11 hijackers; agents' summaries of entries and
movements in U.S., including reports by JTTF personnel/detailees; intelligence and
investigatory materials on 9/11 hijackers and potential affiliates; intelligence materials on
suspected terrorists pre- and immediately after 9/11

Department of State

All materials provided to Joint Inquiry

Copies of visa applications and entry paperwork for 9/11 hijackers

Memoranda by senior officials to all intelligence and law enforcement agencies


concerning visa clearances and watchlists

Immigrant Visa Control and Reporting, statistics on visa applications, processing times,
denials, and reasons for denials prior to and post 9/11
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Organization charts State, including personnel occupying posts 1998-2003

State, Office of Consular Affairs: CLASS; TIPOFF; Mantis, IP ASS, Shark, Viper, pre-
inspection, visa paperwork, visa waiver program, information-sharing agreements on
border issues

Central Intelligence Agency

Materials on 19 terrorists pre- and immediately after 9/11

Intelligence materials on suspected terrorists pre- and immediately after 9/11

Department of Defense

Information on detention, treatment and trials of non-citizens related to terrorism

Defense Intelligence Agency

Materials on 19 terrorists pre- and immediately after 9/11

Intelligence materials on suspected terrorists pre- and immediately after 9/11

National Security Agency

Intelligence materials on 19 terrorists pre- and immediately after 9/11


i
Intelligence materials on suspected terrorists pre- and immediately after 9/11

General Accounting Office

Supporting documentation for border security related reports


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Border Security and Foreign Visitors: Reading List

Joint Inquiry testimony related to border security.

Joint Inquiry interview reports: estimated 24 (4 INS; 4 GAO; 9 State; 1 Coast Guard; 5
Customs; 1 FBI)

Visa applications and computer database printouts from State for all 19 hijackers.

Entry documents and computer database printouts from INS for all 19 hijackers.

Entry documents and computer database printouts from Customs for all 19 hijackers.

PDDs, related to border security, including "Homeland Security Presidential Directive-2


(Oct. 29, 2001): Combating Terrorism Through Immigration Policies"

GAO Report: Visa Process should be Strengthened as an AntiTerrorism Tool, October


2002

GAO Report: Terrorist Watch Lists Should be Consolidated to Promote Better


Integration and Sharing, April 2003.

State I.G. Report: Review of the Visa Process, December 2002.

State I.G. Report: Review of Granting of Visas to the 9/11 hijackers, March 2003

Summaries of National Strategies related to border security: National Security Strategy


of the U.S., Sept, 2002; National Strategy for Combating Terrorism, Feb. 2003, National
Strategy for Homeland Security, July 2002.

Summaries of post 9/11 legislation and regulations related to border security: USA
Patriot Act; Homeland Security Act of 2022, Title VI-Directorate of Border, Enhanced
Border Security and Visa Reform Act of 2002, regulations for SEVIS and NSEERS.

Summaries of National Comrnissions, their findings and recommendations with regard to


border security: Jordan Commission, Bremer Commission, Gilmore Commission, Hart-
Rudman Commission.

Summaries of congressional hearings related to border security, focusing on House and


Senate Judiciary Committees.

Summary of Executive Orders, e.g.: 'Detention, Treatment, and Trial of Certain non-
Citizens in the War Against Terrorism", Military Order of Nov. 13, 2001

Organizational charts for "old" INS, State, DHS, WH/HSC, with names of officials.
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Program evolution documentation from State, DHS, main Justice, FBI on border security
programs, including budget requests.

Team 5 flow chart of post-entry monitoring and enforcement (DHS).

Justice I.G. Reports, e.g.:

'The Immigration and Naturalization Service's Contacts With Two September 11


Terrorists: A Review of the INS's Admissions of Mohamed Atta and Marwan Alshehhi,
its Processing of their Change of Status Applications, and its Efforts to Track Foreign
Students in Hie United States," May 20, 2002;

Second Report to Congress on Implementation of Section 1001 of the USA PATRIOT


Act, on complaints alleging abuse of civil rights and civil liberties by Justice Department
officials, DOJ Inspector General Glenn A. Fine,'July 15,2002, January 22, 2003;

Justice Inspector General files on reviews of INS relevant programs

State IG's Reports reviewing visa process (post 9/11), and on other border security
issues.

Summaries of State relevant bilateral, regional and international agreements between


U.S. and Mexico, Canada.
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4/3/2003 4:45 45/p45

National Commission on Terrorist Attacks Upon the United States

WORKPLAN

April 23,2003

Immigration, Nonimmigrant Visas and Border Control

Tom Eldridge

Susan Ginsburg

Janice Kephart-Roberts

Border Security and Foreign Visitors: Questions

I. What were the facts and circumstances of the 9/11 terrorist attack with respect to our systems of
immigration, nonimmigrant visas, and border controls?

a. How, specifically, did each of the 9/11 hijackers gain entry to the U.S.: their legal basis for entry;
location of visa application and entry; pattern of entries, subsequent monitoring etc. (victims'
questions)? C.f. other terrorists.
>,\, j$i b. At the time of 9/11, what was the national framework ~ especially encompassing State,
V qf Justice/INS, and Treasury/Customs, and intelligence agencies - governing entry and visits by foreign
UA nationals so as to reduce U.S. accessibility to terrorists?
.vU
U^ Lrt/ c. Could the then existing immigration security infrastructure have identified or excluded some or all
^ f -y.f of the 9/11 terrorists, and if so, what persons, agencies, or systems failed, and/or what factors within
reackmay have made a difference?

, fj L II. Does the current foreign national and border security framework reflect the lessons learned
*< V from 9/11 and other terrorist attacks, and significantly reduce terrorist access to the U.S.?

What is the impact of the various changes on security that have been made since 9/11 with respect to
the entry and visits by foreign nationals? Consider: (a) government re-organization and funding (e.g.
DHS, HSC); (b) border officials' access to and use of expanded intelligence about terrorists (e.g.
TIPOFF/CLASS; FTTTF); (c) relationship with international agencies; (d) country-of-origin based
scrutiny (e.g. CONDOR); (e) occupation-based scrutiny (e.g. IPASS, Mantis); (f) procedural
standards (e.g. paper, pre-inspection, waiver); (g) student and other tracking (e.g. SEVIS, NSEERS);
(h) strengthened enforcement (e.g. enforcement rates; detention, deportations, removals; state and
locals; document fraud, alien smuggling); (i) "code red" response plan.

III. Are the relevant competing interests in reducing foreign terrorist access to the U.S. being
adequately considered?

Are current border security practices safeguarding community, civil liberties, and human rights? Are
they hobbling economic freedoms or shrinking U.S. leadership in education, science or technology?
Are we spending the right amount of money?

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IV. What specific recommendations would improve U.S. ability to prevent foreign terrorists from
entering the U.S., consistent with other vital interests? . ikf^ 7

fljSpnsider: (a) intelligence access and sharing; redundancy in screening; (b) government access to
Vj fa Otebhnical expertise; (c) tracking; (d) backlogs and resources; (e) role of state and local authorities; (f)
\y* '\w personal identifiers and anti-fraud measures; scope of their adoption; (g) efforts with Mexico
/ a n d Canada, other countries; (h) effective communication and enforcement; (i) immigration criteria
generally.

Briefing Materials. Document Requests, and Interviews

"* V \ hat were the facts and circumstances of the 9/11 terrorist attack with respect to our
systems of immigration, nonimmigrant visas, and border controls?
V
a. How specifically did each of the 9/11 hijackers gain entry to the U.S.: their legal basis for
entry; location of visa application and entry; pattern of entries; adjudication of visas, entry
procedures, subsequent monitoring etc. C.f. other terrorists.

Briefing Materials (Background and Key Documents)

• Joint Inquiry interviewees: estimated 24 (4 INS; 4 GAO; 9 State; 1 Coast


Guard; 5 Customs; 1 FBI)

• Miles Kara's chronology of 9/11 hijackers '*/" i^ ,

Justice, I.G. Report: "The Immigration and Naturalization Service's Contacts i ""
With Two September 11 Terrorists: A Review of the INS's Admissions of f^
Mohamed Atta and Marwan Alshehhi, its Processing of their Change of Status
Applications, and its Efforts to Track Foreign Students in the United States,"
May 20, 2002

• Table of immigration facts and circumstances to be developed by Team 5, with


illustrative appendix (e.g. copies of visa applications)

Briefers

• [tbd: Tom Eldridge]

Document Requests

• Congress, Joint Inquiry of House and Senate: relevant sections of the Joint
Inquiry report and supporting documentation

State, DHS, BICE, Office of Intelligence (tbc): Texas Service Center V* .


Enforcement Operations Division, 91 1 Terrorist Review. Alternative source:
FBI
State: copies of visa applications and entry paperwork for 9/11 hijackers

FBI: documents collected re entry of 9/1 1 hijackers; agents' summaries of


entries and movements in U.S., including reports by JTTF personnel/detailees

Interviews

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• Mary Ryan, former Ass't Sec State for Consular Affairs (now at Georgetown
Inst. for Int'l Migration)

• DOJIG investigators involved with flight school visa review

b. At the time of 9/11, what was the national framework - especially encompassing State,
Justice/INS, and Treasury/Customs and intelligence agencies - governing entry and visits by
foreign nationals so as to reduce U.S. accessibility to terrorists?

Briefing Materials (Background and Key Documents)

• Summary materials: U.S. immigration law and governmental organization, e.g.


Jordan Commission report

• Summary materials: 1996 Anti-Terrorism and Effective Death Penalty Act;


Senate Judiciary (Kyi) hearing 2/24/98.

• Statistics: visas issued; number/categories of entries; counter-terrorism;


overstays, crime, fraud; enforcement.

• Systems in place: human, technology; interagency intelligence sharing;

• Kojm, Christopher A., Deputy for Intelligence Policy and Coordination, Bureau
of Intelligence and Research, DOS, Statement, September 19,2002

• Greene, Joseph R., Assistant Commissioner for Investigations, U.S.


Immigration and Naturalization Services, Statement, October 1, 2002

Briefers

Contemporaneous officials: INS Commissioner or relevant Unit Chiefs; State


Counterterrorism Coordinator and/or consular/visa senior official; TBD on
intelligence sharing on potential terrorists; DOJ Deputy Attorney Generals
responsible for INS oversight (Jamie Gorelick, Eric Holder)

Immigration expert: Susan Martin, former Exec Dir US Cornm'n on


Immigration Reform, currently at Institute for the Study of Int'l Migration,
Georgetown University.

Document Requests

• State: Immigrant Visa Control and Reporting, statistics on visa applications,


processing times, denials, and reasons for denials prior to and post 9/11

• DHS/BICE: statistics, CIPRIS (foreign student tracking pilot program), full


description of databases capable of tracking/tagging terrorists

• Main Justice/FBI/ INS memoranda relating to INS role in Counterterrorism,


student visas, Counterterrorism related program and task force development

• FBI/CIA/DIA/NSA and other intelligence materials on 19 terrorists pre- and


immediately after 9/11

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• FBI/CIA/DIA/NSA and other intelligence materials on suspected terrorists pre-


and immediately after 9/11

• Organization charts INS/Main Justice 1998-2003

• Organization charts State, including personnel occupying posts 1998-2003

Interviews

• State: Consular office officials; officials responsible for intelligence and


research; CLASS and TIPOFF (John Arriza) programs

• INS: former Ass't Commissioner Chris Sales; Dan Cadman, former National
Security Unit (student tracking, intelligence sharing, creation of
counterterrorism unit); Morrie Berez, head of task force to implement student
tracking

• GAO Director, Border Security: Rich Stana

c. Could the then existing immigration and border security infrastructure have identified or
excluded some or all of the 9/11 terrorists, and if so, what persons, agencies or systems
failed, and/or what factors within reach may have made a difference?

• Team 5 work assessment based on analysis of above questions, documents,


briefs, and interviews.

II. Does the current foreign national and border security framework reflect the lessons learned from 9/11
and other foreign terrorist attacks, and significantly reduce terrorist access to the U.S.?

What is the impact of the various changes on the security of people and technology
made since 9/11 with respect to the entry and visits by foreign nationals?

i. government re-organization and funding (e.g. DHS, HSC);

ii. border officials' access and use of intelligence about foreign visitors (e.g. TIPOFF/CLASS;
FTTTF; state, local);

iii. relationship with international agencies;

iv. country-of-origin based scrutiny (e.g. CONDOR);

v. occupation-based scrutiny (e.g. IPASS, MANTIS);

vi. tracking: foreign students (SEVIS) and others (NSEERS);

vii. procedural standards (e.g. paper; pre-inspection, waiver);

viii. strengthened enforcement (e.g. enforcement rates; state and locals; detention, deportations,
removals; document fraud, alien smuggling)

ix. "code red" response plan

Background materials

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• PDDs, including "Homeland Security Presidential Directive-2 (Oct. 29, 2001):


Combating Terrorism Through Immigration Policies"

• National Security Strategy of the U.S., Sept. 2002; national Strategy for
Combatting Terrorism, Feb. 2003

• USA Patriot Act; Homeland Security Act of 2022, Title VI-Directorate of Border
and Transportation and relevant regulations, including SEVIS and NSEERS;
Enhanced Border Security and Visa Reform Act of 2002

• Congressional hearings, with focus on House and Senate Judiciary Committee


relevant hearings

• DHS and WH/HSC organization chart

• Program evolution documentation from State, DHS, main Justice, FBI

• Justice Inspector General files on reviews of INS relevant programs

• Team 5 flow chart of visa (State+) and entry (DHS+) reviews

• Team 5 flow chart of post-entry monitoring and enforcement (DHS+)

• State/NSC/NHSC: Mexico, Canada and other relevant bilateral, regional and


international agreements

• Analysis of terrorist interdiction successes - what has worked?

Briefers

• White House Science Advisor John Marburger

• Homeland Security Council Border Security Advisor

• DHS: Under Secretary Asa Hutchinson; Deputy Under Secretaries: Bureau for
Immigration and Customs Enforcement (BICE) Mike Garcia; Bureau of
Customs and Border Protection (BCBP) Robert Bonner

• HSC: Advisor on Border Security

• Private sector/academia TBD

Document Requests
\ State, Off
Viper, pre-inspection, visa paperwork, visa waiver, information-sharing £<?
agreements on border issues i
\ DHS: NSEERS, SEV

• Justice (BJS, EOUSA): summaries and statistics on immigration cases

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• Justice: research funding

Interviews

• relevant DHS Unit Chiefs in BICE and BCBP (Enforcement, Intelligence,


Inspections, Technology, Program Directors

• Justice: Inspector General staff

• GAO: current investigations

• Major city chiefs (e.g. Bratton, Oliver, Kelly); IACP etc

III. Are the relevant competing interests in reducing foreign terrorist access to the U.S. being
adequately considered?

Background materials

• ACLU litigation materials and/or law review materials

• Articles on Arab-American community

• Enemy Aliens, civil liberties

• "View from the Trenches", Immigration Lawyer

• Executive Order: "Detention, Treatment, and Trial of Certain non-Citizens in the War Against
Terrorism", Military Order of Nov. 13, 2001

• Second Report to Congress on Implementation of Section 1001 of the USA PATRIOT Act, on
complaints alleging abuse of civil rights and civil liberties by Justice Department officials, DO J
Inspector General Glenn A. Fine, July 15, 2002, January 22, 2003;

Briefers

• Business/economics: Business Council for International Understanding;


Chamber; NAM; economist

• Civil liberties and human rights: Law professor

• Community: Arab-American moderate community leader

• National Academy of Sciences: TEA

Document requests

• TBD: information from Justice concerning unlisted arrests, detentions, special


interest cases

• DoD: information on detention, treatment and trials of non-citizens related to


terrorism

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Interviews

• TBD from DHS and DOJ/FBI

IV. What specific recommendations would improve U.S. ability to prevent foreign terrorists from
entering the U.S. consistent with other vital interests?

Background materials

• Markle Foundation report

• Team 5 work assessment based on analysis of above questions, documents,


briefs, and interviews.

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4/3/2003 4:46 46/p46

National Commission on Terrorist Attacks Upon the United States

SUPPLEMENTAL DOCUMENT LIST: Books

April 23,2003

Immigration, Nonimmigrant Visas and Border Control ^

Tom Eldridge

Susan Ginsburg

Janice Kephart-Roberts

Books

Border and Immigration Control (Rescue and Prevention)

Steven L. Labov (editor)

Immigration Policy
by Lindsay Lowell. Demetrios Papademetrious. Clark Baxter. Jay Hu

Reinventing the Melting Pot: Will Today's Immigrants Become Americans?


by Tamar Jacoby (Editor)

Immigrant Entrepreneurs: Venturing Abroad in the Age of Globalization


by Robert Kloosterman (Editor), Jan Rath (Editor)

Immigration & Asylum (In the News)


by Iris Teichmann

Mass Immigration and the National Interest: Policy Directions for the New Century
by Vernon M. Briggs

Anti-Immigrantism in Western Democracies: Statecraft, Desire and the Politics of Exclusion


by Roxanne Lynn Doty

Arab-American Faces and Voices: The Origins of an Immigrant Community


by Elizabeth Boosahda

Enemy Aliens
by David Cole

Immigration the World Over: Statutes, Policies, and Practices


by James P. Lynch. Rita James Simon. Charles James Rosen

Remaking the American Mainstream : Assimilation and Contemporary Immigration


by Richard D. Alba (Author), Victor G. Nee (Author)

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The Age of Migration, Third Edition: International Population Movements in the Modern World
by Stephen Castles (Author), Mark Miller (Author)

International Immigration Policy: A Political Economy Analysis


by Eytan Meyers

No One Is Illegal: Immigration Control and Asylum


by Steve Cohen

Controlling Immigration: A Global Perspective


by Wayne A. Cornelius (Editor), Philip L. Martin (Editor), Takeyuki Tsuda (Editor)

Immigration, Asylum and Human Rights (Blackstone's Human Rights Series)


by Nicholas Blake. Raza Husain. Nicholas Blake Qc

Ins: Immigration and Naturalization Service (Government Agencies)


by Tristan Boyer Binns

In -print

The Freedom of the Migrant: Objections to Nationalism


by Vilem Flusser. Anke K. Finger (Introduction), Kenneth Kronenberg

Crowded Land of Liberty: Solving America's Immigration Crisis


by Dirk Chase Eldredge

Biomedical Globalization: The International Migration of Scientists


by Sergio Diaz-Briquets. Charles C. Cheney

Detained: Immigration Laws and the Expanding I.N.S. Jail Complex


by Michael Welch

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9-11 Commission Page 1 of 6

4/3/2003 4:46 46/p46

National Commission on Terrorist Attacks Upon the United States

SUPPLEMENTAL DOCUMENT LIST: Governmental Documents

April 23,2003

Immigration, Nonimmigrant Visas and Border Control

Tom Eldridge

Susan Ginsburg

Janice Kephart-Roberts

Governmental Documents by Category

Joint Intelligence Inquiry

Witness Interviews

September 18, 2002 ~ Representatives of September 11 Victims' Families; Joint


Inquiry Staff Statement Regarding Information Available to the Intelligence
Community

September 19, 2002 — Intelligence Consumers Panels (Armitage, Berger,


Scowcroft, Wolfowitz)

September 20, 2002 ~ Joint Inquiry Staff Statement; Agency Representatives


Regarding al-Hazmi and al-Mihdhar

September 24,2002 ~ Joint Inquiry Staff Statement; Agency Representatives


Regarding Moussaoui and the Phoenix Electronic Communication

September 26, 2002 ~ Agency Representatives Regarding the U.S. Response to the
Terrorist Threat
~~7
October 1,2002 — Joint Inquiry Staff Statement; Expert Panel Regarding L . (
Reorganization of the Intelligence Community (Hamilton, Webster, Odom, Hitz) t>

October 8,2002 -- Joint Inquiry Staff Statement; Expert Witnesses Regarding


Lessons Learned (Freeh, Rudman, Pillar, White)

October 17, 2002 -- Agency Heads (Tenet, Hayden, Mueller)

Congressional Hearings and Reports

House Judiciary Committee, Subcommittee on Immigration and Border Control

April 10,2003 - Oversight hearing on "Department of Homeland Security Transition: Bureau of


Immigration and Customs Enforcement."

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r
9-11 Commission Page 2 of 6

Witness List, Asa Hutchinson, Mark Krikorian. Timothy Danahey. Rich Stana

April 2, 2003 - Oversight hearing on "Immigration Student Tracking: Implementation and Proposed
Modifications."

Witness List, Johnny Williams. Glenn Fine. Thomas Fischer. David Ward

June 25, 2002 - Oversight hearing on "The Risk to Homeland Security From Identity Fraud and Identity
Theft."

Witness List. Paul McNulty. James Huse. Richard Stana. Edmund Mierzwinski. Final Print (Serial #86).
Hearing Transcript

June 19, 2002 - Oversight hearing on "The Immigration and Naturalization Service's (INS's) Interior
Enforcement Strategy."

Witness List. Joseph Greene. Richard Stana. Steven Camarota. Marissa Demeo. Final Print (Serial #85).
Hearing Transcript

March 19,2002 - Oversight hearing on "The INS's March 2002 Notification of Approval of Change of
Status for Pilot Training for Terrorist Hijackers Mohammed Atta and Marwan Al-Shehhi."

Witness List. Rudi Dekkers. Tom Blodgett. James Ziglar. Michael Cutler. Final Print (Serial # 63).
Hearing Transcript

February 28, 2002 - Oversight hearing on "The Implications of Transnational Terrorism for the Visa
Waiver Program"

Witness List. Yonah Alexander. Glenn Fine. Peter Becraft, William Norman. Final Print (Serial #61),
Hearing Transcript

December 19, 2001 - Oversight Hearing on "A Review of Department of Justice Immigration Detention
Policies."

Witness List. Congresswoman Sheila Jackson-Lee. Edward McElroy. Paul Thomson. Margaret Taylor,
Final Print (Serial #55), Hearing Transcript

October 11, 2001 - Oversight Hearing on "Using Information Technology to Secure America's Borders:
INS Problems with Planning and Implementation."

Witness List. Congresswoman Sheila Jackson-Lee. Glenn Fine. Randolph Hite, James Ziglar. Demetri
Papademetriou, Hearing Transcript. Final Print (Serial #43)

February 10, 2000 - Oversight hearing on "the Visa Waiver Pilot Program."

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News Advisory, Witness List. Honorable Lamar Smith, Robert Ashbaugh. Ambassador Mary A. Ryan,
Michael Cronin, Elisa Liang. William S. Norman. E. Wayne Merry, John Ratigan. Hearing Transcript

January 26, 2000 - Oversight hearing on "Terrorist Threats to the United States."
News Advisory. Witness List. Honorable Lamar Smith. Honorable Sheila Jackson Lee Ambassador
Martin Collacott. Mr. Steven Emerson. Mr. David Harris. Mr. Christopher Sands. Mr. Gary
Stubblefield. Mr. John Thompson. Ambassador Philip C. Wilcox. Hearing Transcript

August 5, 1999 - Oversight hearing on "the H-1B Temporary Professional Worker Visa Program."
Witness List. Honorable Lamar Smith. Honorable Shiela Jackson Lee. Honorable David Dreier. Austin
Fragomen, Crystal Neiswonger, Alison Cleveland, Paul Kostek, Charles Foster. David Smith, Gene
Nelson, John Miano, Hearing Transcript

June 19, 2001 - Legislative Hearing on the "Guestworker Visa Programs"

Witness List. Randel Johnson, Mark Krikorian. Susan Martin, Cecilia Munoz, Hearing Transcript. Final
Print (Serial #22^

July 22,1999 - Oversight hearing on "Counterfeiting and misuse of the social security card and state and
local identity documents."
Witness List. In Brief. Honorable Lamar Smith. Honorable Sheila Jackson Lee, Larry F. Stewart, John
Hotchner, James Hesse, Richard Stana. Glenna Donnelly. David Simcox. Susan Martin. Michael
Anderson. Honorable Brian Flaherty. Detective Sergeant Robert Derbyshire. Hearing Transcript

July 1, 1999 - Oversight hearing on "the Immigration and Naturalization Service's Interior Enforcement
Strategy."

Witness List. Honorable Lamar Smith, John R. Fraser. Richard M. Stana, Mr. Robert Hill. Esq.. Mr.
Thomas P. Hammond. Ms. Judith M. Desantis. Mr. Daniel Stein. Muzaffar Chishti. Muzaffar Chishti,
Robert Bach. Hearing Transcript

June 10,1999 - Oversight hearing on "Illegal Immigration Issues."

Witness List. Honorable Lamar Smith, Honorable Sheila Jackson Lee, Tobin Armstrong. Larry Vance.
Angie Morfin. Carol Joyal. Terry Anderson. Dan Morris. Roger Barnett. Selena Walsh. Hearing
Transcript

May 18,1999 - Legislative Hearing on H.R. 456. H.R. 1745. H.R. 238. and H.R. 945
Witness List, Honorable Lamar Smith, Honorable James Rogan, Honorable Robert A. Underwood,
Honorable Mac Collins, Honorable Sheila Jackson Lee. Honorable Robert E. Andrews. Elliott L.
Bloxom, Georgia Bergmann, Michael J. Wildes, Bo Cooper. Anthony Tangeman. Donald M. Remy.
Hearing Transcript

May 5,1999 - Oversight Hearing on "Nonimmigrant Visa Fraud."

Witness List. Honorable Lamar Smith, Honorable Sheila Jackson Lee. Inspector General Michael
Bromwich. Inspector General Jacquelyn L. Williams-Bridgers. William A. Yates. Gary Bradford (no
prepared statement), Nancy Sambaiew, Jill Esposito. John Ratigan. Lynn Shotwell. Mark Mancini,
Hearing Transcript

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April 14,1999 - Oversight Hearing on "Law enforcement problems at the border between the United
States and Canada, focusing on the issues of drug smuggling, illegal immigration and terrorism."

Witness List, News Advisory. Honorable Lamar Smith, Honorable Sheila Jackson Lee, Michael
Pearson, Eugene Davis, Robert Trotter. Inspector General Michael Bromwich, Sheriff Dale Brandland.
Mark Hall, Demetrios G. Papademetriou, David Harris. Hearing Transcript

June 17, 1997 - Oversight hearing regarding the "Visa Waiver Pilot Program"

Witness List. Honorable Lamar Smith. Honorable Jay Kim. Honorable Neil Abercrombie. Mary Ryan.
William S. Norman. Janet Thomas, Tami Overby. Michael Cronin, Hearing Transcript

April 23,1997 - Oversight hearing regarding "Border security and deterring illegal entry into the United
States"

Witness List, Honorable Lamar Smith. Hon. Silvestre Reyes. Alan Bersin. Donnie Marshall. George
Regan. Roy Godson. Roger G. Heiserman. Esq.. Samuel H. Banks. Elisa Massimino. Jonathan M.
Winer. Richard Gallo, Hearing Transcript

U.S. House Finance Committee

Preventing Identity Theft By Terrorists and Criminals (testimony before U.S. House Financial Services
Committee Subcommittee on Social Security, November 8, 2001)

U.S. Senate Appropriations Committee

Northern Border Security (testimony before the Senate Appropriations Committee Subcommittee on
Treasury and General Government; October 3, 2001)

U.S. Senate Finance Committee

U.S. Borders: Safer or Sieve? (January 30, 2003)

U.S. Senate Governmental Affairs Committee, Permanent Subcommittee on Investigations

Review of INS Policy on Releasing Illegal Aliens Pending Deportation hearings (Nov. 13,2001)

U.S. Senate Judiciary Hearings and Reports

S. Hrg. 105-75 - "Foreign Terrorists in America: Five Years after the World Trade Center (testimony
before the U.S. Senate Judiciary Committee, Subcommittee on Technology, Terrorism, and Government
Information; February 24, 1998)

"The Thwarted Brooklyn Bomb Plot: Identifying, Excluding, and Removing Terrorist Aliens
from the United States", Feb. 28,1998 and summary which appears in the Judiciary Subcmte
Report: "Crime, Terror, & War: National Security in the Information Age" Nov. '98

S. Hrg. 106-848 - "Countering the Changing Threat of International Terrorism" (testimony before the

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U.S. Senate Judiciary Committee, Subcommittee on Technology, Terrorism, and Government


Information; June 28, 2000)
S. Hrg. 106-1063 - "Enhancing Border Security" (testimony before the U.S. Senate Judiciary
Committee, Subcommittee on Immigration; February 10, 2000)

S. Hrg. 107-239 - "Homeland Defense: Exploring the Hart-Rudman Report" (testimony before the U.S.
Senate Judiciary Committee, Subcommittee on Technology, Terrorism, and Government Information;
April 3, 2001)

S. Hrg. 107-249 - "Immigration Policy: An Overview", (testimony before the U.S. Senate Judiciary
Committee, Subcommittee on Immigration; April 4, 2001)

S. Hrg. 107-611 - "The Role of Technology in Preventing the Entry of Terrorists into the United
States," (testimony before the U.S. Senate Judiciary Committee, Subcommittee on Technology,
Terrorism, and Government Information; October 12, 2001)

S. Hrg. 107-651 - "Effective Immigration Controls to Deter Terrorism," (testimony before the U.S.
Senate Judiciary Committee, Subcommittee on Immigration; October 17, 2001)

S. Hrg. 107-657 - "Biometric Identifiers and the Modern Face of Terror: New Technologies in the
Global War on Terrorism," (testimony before the U.S. Senate Judiciary Committee Subcommittee on
Technology, Terrorism and Government Information; November 14, 2001)

S. Hrg. 107-855 - "Securing Our Ports Against Terror: Technology, Resources, and Homeland
Defense," (testimony before the U.S. Senate Judiciary Committee Subcommittee on Technology,
Terrorism and Government Information: February 26, 2002)

S. Hrg. 107-890 - "The Enhanced Border Security and Visa Entry Reform Act," (testimony before the
U.S. Senate Judiciary Committee, Subcommittee on Immigration; April 12, 2002)

GAP Reports

"Border Security, Visa Process Should be Strengthened as an Antiterrorism Tool," Report to the
Chairman, Subcommittee on National Security, Veterans Affairs, and International Relations,
Committee on Government Reform, House of Representatives, October 2002, number GAO-03-132NI

"Homeland Security: Challenges to Implementing the Immigration Interior Enforcement


Strategy." GAO-03-660T April 10, 2003

"Transportation Security: Post-September 11th Initiatives and Long-Term Challenges." GAO-03-616T


April 1,2003

"Border Security: Challenges in Implementing Border Technology." GAO-03-546T March 12,2003

GAP Abstract

Weaknesses In Screening Entrants Into the United States. GAO-03-438T January 30, 2003

Border Security: Implications of Eliminating the Visa Waiver Program. GAO-03-38 November 22,
2002

Homeland Security: INS Cannot Locate Many Aliens Because It Lacks Reliable Address

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Information. GAO-03-188 November 21, 2002

Technology Assessment: Using Biometrics for Border Security. GAO-03-174 November 14, 2002

Combating Terrorism: Department of State Programs to Combat Terrorism Abroad. GAQ-02-1021.


September 6, 2002

Congressional Research Service

Short Reports:

"Homeland Security and Counterterrorism Research and Development: Funding, Organization, and
Oversight," RS 21270

"National Commission on Terrorism Report: Background and Issues for Congress," RS20598

Long Reports:

"Foreign Students in the United States: Policies and Legislation," RL31146

"Immigration Legalization and Status Adjustment Legislation," RL30780

Immigration: Legislative Issues on Nonimmigrant Professional Specialty (H-IB) Workers, RL30498

Supplemental Appropriations for FY2002: Combating Terrorism and Other Issues, RL31406

Terrorism: Automated Lookout Systems and Border Security Options and Issues, RL31019

National Commissions

Jordan Commission

Hart-Rudman

Gilmore

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