IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

CATHOLIC SOCIAL SERVICES, INC.,— | Case Nos. Civ S 98-629-LLK
IMMIGRATION PROGRAM, ET AL., I and S-86-1343-LKK
Plaintiffs, j NOTICE OF PROPOSED
v. SETTLEMENT OF CLASS
ACTION
TOM RIDGE, SECRETARY, DEPARTMENT
OF HOMELAND SECURITY, ET AL.,
Defendants.

Notice is hereby given that a settlement of the above-entitled class action case has been submitted for
the Court's approval. The settlement affects the rights of the following two groups of immigrants who
are entitled to object to the proposed settlement:

(A) All persons who were otherwise prima facie eligible for legalization under § 245A of the PNA,
and who tendered completed applications for legalization under § 245 A of the INA and fees to an
INS officer or agent acting on behalf of the ENS, including a QDE, during the period from May 5,
1987 to May 4, 1988, and whose applications were rejected for filing because an INS officer or
QDE concluded that they had traveled outside the United States after November 6, 1986 without
advance parole.

(B) All persons who filed for class membership under Catholic Social Services, Inc. v. Reno, CIV
No. S-86-1343 LKK (E.D. Cal.), and who were otherwise prima facie eligible for legalization under
§ 245 A of the INA, who, because an INS officer or QDE concluded that they had traveled outside
the United States after November 6, 1986 without advance parole were informed that they were
ineligible for legalization, or were refused by the INS or its QDEs legalization forms, and for whom
such information, or inability to obtain the required application forms, was a substantial cause of
their failure to timely file or complete a written application.

The proposed settlement will allow members of the two groups described above a period of one year to
apply for legalization under the 1986IRCA. Applicants who appear to be eligible for legalization will
also be entitled to temporary employment authorization. Applications will be confidential and will not
used to deport applicants who are denied legalization. The full text of the proposed settlement is
available for review at the Office of the Clerk of the Court, 5011 Street, Sacramento, CA 95814, or the
Center for Human Rights & Constitutional Law, 256 S. Occidental Blvd., Los Angeles, California
90057, and at www.centerforhumanrights.org/CSSSettlement.pdf.

Class members objecting to the proposed settlement must mail their written objections on or before
December 29, 2003, to: Clerk (CSS Settlement Objection), United States District Court for the Eastern
District of California, 501 I Street, Sacramento, CA 95814, with a copy sent to Peter A. Schey and
Carlos Holguin, Center for Human Rights & Constitutional Law, 256 S. Occidental Blvd., Los
Angeles, California 90057, and a copy to Earle B. Wilson, United States Department of Justice, Office
of Immigration Litigation, P.O. Box 878 Ben Franklin Station, Washington, DC 20044.

Hon. Lawrence K. Karlton

Senior United States District Judge
Senator Feinstein Introduces Private Bill to Grant Permanent Resident Status to Reedley ... Page 1 of 4

Senator Feinstein Introduces Private Bill to Grant Permanent

Resident Status to Reedley Family
January 28, 2004
pdf version

Washington, DC — U.S. Senator Dianne Feinstein (D-Calif.) has

introduced legislation to grant permanent resident status to members of
the Buendia family, a Mexican family living in the Fresno area facing
deportation.

The legislation would grant lawful permanent residence status to

Jose and Alicia Buendia and their daughter 15-year old Ana Laura.
The couple also has a 13-year old son, Jose, who is a United States
citizen.

Jose and Alicia Buendia have lived in the United States since the 1980s.
They currently live in Reedley, Calif., where they own their own home.
Privacy Notice
Jose is a construction worker and has been employed by Bone
Construction for the past five years. Alicia works as a seasonal fruit
packer. Their daughter, Ana Laura, is in 10,th grade at Reedley High
School and has earned a 4.0 GPA.

The Buendias will not be deported as long as the private bill is pending
before Congress. Without this private bill, the Buendias would have
been deported to

Mexico on January 31, 2004. Private legislation is usually introduced on

behalf of individuals whose compelling circumstances require Congress
to act when administrative or legal remedies have been exhausted.

The following is the statement which Senator Feinstein entered into the
Congressional Record:

"Mr. President, I rise today to offer legislation to provide

lawful permanent residence status to Jose Buendia Balderas,
Alicia Aranda De Buendia and Ana Laura Buendia Aranda,
Mexican nationals who live in the Fresno area of California.

I have decided to introduce legislation on their behalf

because I believe this family is deserving of an exception.
Firstly, an immigration judge has granted the family relief, only
to have that decision overturned by the Board of Immigration
Appeals. Immigration Judge Polly A. Webber held that Jose
Buendia and his wife, Alicia Aranda de Buendia, should be

http://feinstein.senate.gov/04Releases/r-buendiaintroduction.htm 6/9/2004
Immigration - Frequently Asked Questions Page 1 of 2

Frequently Asked Questions On Immigration

Late Amnesty

Late-amnesty applicants can finally apply for permanent residence. You have until May 31, 2002, to s<
application to the INS.

"Late amnesty" refers to permanent residence (green card) applications filed late under the 1986 legali:
program. The U.S. federal courts forced the INS to extend the original deadline of May 4, 1988. The a
found, that the INS had improperly discouraged people from applying.

Many late-amnesty applicants have been waiting more than 10 years to get permanent residence. The I
estimates that up to 440,000 people may qualify, though my guess is that the number is substantially k

Under the Legal Family Equity Act, people who filed for amnesty before Oct. 1, 2000, under the CSS
Meese, LULAC vs. INS, or Zambrano vs. INS cases can get permanent residence. To qualify, you mu;
applied for a green card under one of these cases before Oct. 1, 2000.

And, like all other legalization applicants, you must have 'come to the United States before Jan. 1, 198:
lived here in an unlawful status until at least May 4, 1988. You must also pass a U.S. citizenship langu
civic knowledge test (or be taking a course in these subjects).

Apply for late amnesty by filing INS form 1-485, Application to Regioar Permanent Residence Of Adj
Status, a new form 1-485 Supplement D, INS form G-325A, Biographical Information, two immigratic
photos (three-quarter profile with your right ear showing), and a filing fee of $330 plus $25 for fingerp
You may apply for employment authorization using INS form 1-765, Application for Employment
Authorization (fee - $100), and travel permission using INS form 1-131, Application for Travel Docun
(fee $95).

You must file your LIFE Legalization application by mail. Send your application, certified mail/rerun
requested to: VS-Immigration and Naturalization Service, PO. Box 7219, Chicago, 111. 60607-7219.

You can get th'e forms and more information at the INS Web site www.ins.com, or by calling the INS
375-5283.

(By Alan Wernick)

4 back
home

[x] Click here to visit our sponsor

The Datacom Ad Network

http://www.chinatown-online.conVseivices/irnmigration/faq/amnesty.htm 4/26/2004
2005 DIVERSITY IMMIGRANT VISA PROGRAM Page 1 of 14

U.S. Department of State

Bureau of Consular Affairs
Visa Services

INSTRUCTIONS FOR THE 2005 DIVERSITY IMMIGRANT VISA

PROGRAM (DV-2005)

The congressionally mandated Diversity Immigrant Visa Program is administered on an annual

basis by the Department of State and conducted under the terms of Section 203(c) of the
Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649)
amended INA 203 to provide for a new class of immigrants known as "diversity immigrants" (DV
immigrants). The Act makes available 50,000 permanent resident visas annually to persons from
countries with low rates of immigration to the United States.

The annual DV program makes permanent residence visas available to persons meeting the simple,
but strict, eligibility requirements. Applicants for Diversity Visas are chosen by a computer-generated
random lottery drawing. The visas, however, are distributed among six geographic regions with a
greater number of visas going to regions with lower rates of immigration, and with no visas going to
citizens of countries sending more than 50,000 immigrants to the U.S. in the past five years. Within
each region, no one country may receive more than seven percent of the available Diversity Visas in
any one year.

The entry period for the DV-2005 Diversity Visa Lottery ended December 31, 2003. It is now too late
to submit new DV-2005 entries. New entries will not be accepted. The Department of State Warns of
impostor or fraudulent Websites. There have been instances of fraudulent websites posing as
official US Government sites. Some companies posing as the US Government have sought money
in order to "complete" applications. Learn more

For DV-2005, natives of the following countries are not eligible to apply because they sent a total of
more than 50,000 immigrants to the U.S. in the previous five years:

CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI,

INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, RUSSIA, SOUTH KOREA, UNITED
KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in
Hong Kong SAR, Macau SAR and Taiwan are eligible.

ENTRIES FOR THE DV-2005 DIVERSITY VISA LOTTERY MUST BE SUBMITTED

ELECTRONICALLY BETWEEN SATURDAY, NOVEMBER 1, 2003 AND TUESDAY, DECEMBER
30, 2003. APPLICANTS MAY ACCESS THE ELECTRONIC DIVERSITY VISA ENTRY FORM AT
'WWW.DVLOTTERY.STATE.GOV DURING THE 60 DAY REGISTRATION PERIOD BEGINNING
NOVEMBER 1. PAPER ENTRIES WILL NOT BE ACCEPTED.

REQUIREMENTS FOR ENTRY

• Applicant must be a native of one of the countries listed beginning on page 10. See "List Of
Countries By Region Whose Natives Qualify."

Native of a country whose natives qualify: In most cases this means the country in which the
applicant was born. However, if a person was born in a country whose natives are ineligible but

http://travel.state.gov/dv2005 .html 4/15/2004

16 The^al-Qaeda Documents: Vol. 1 - Tempest Publishing - www.tempestpublishinq.com 27

UK/BM-22 TRANSLATION

Financial Security Precautions:

1. Dividing operational funds into two parts: One part is to
be invested in projects that offer financial return, and
the other is to be saved and not spent except during
operations.
2. Not placing operational funds [all] in one place.
3. Not telling the Organization members about the location of
the funds.
4. Having proper protection while carrying large amounts of
money.
5. Leaving the money with non-members and spending it as
needed.

Forged Documents (Identity Cards. Records Books. Passports)

The following security precautions should be taken:
1. Keeping the passport in a safe place so it would not be
ceized by the security apparatus, and the brother it
belongs to would have to negotiate its return (I'll give
you your passport if you give me information)
2. All documents of the undercover brother, such as identity
cards and passport, should be falsified.
3. When the undercover brother is traveling with a certain
identity card or passport, he should know all pertinent
[information] such as the name, profession, and place of
residence.
4. The brother who has special work status (commander,
communication link, ...) should have more than one identity
card and passport. He should learn the contents of each,
the nature of the [indicated] profession, and the dialect
of the residence area listed in the document...
5. The photograph of the brother in these documents should be
without a beard. It is preferable that the brother's
public photograph [on these documents] be also without a
beard. If he already has one [document] showing a
photograph with a beard, he should replace it.
When using an identity document in different names, no more
than one such document should be carried at one time.
/'Documents: Vol. 1 -Tempest Publishing - www.tempestpublishinq.com 28 The.

OK/BM-23 TRAHSIATION

7. The validity of the falsified travel documents should

always be confirmed.
8. All falsification matters should be carried out through the
command and not haphazardly (procedure control)
9. Married brothers should not add their wives to their
passports.
10. When a brother is carrying the forged passport of a certain
country, he should not travel to that country. It is easy
to detect forgery at the airport, and the dialect of the
brother is different from that of the people from that
country.

Security Precautions Related to the Organizations' Given Names:

1. The name given by the Organization [to the brother] should

not be odd in comparison with other names used around him.
2. A brother should not have more than one name in the area
where he lives (the undercover work place)
Diversity Immigrant Visa Program is announced for the year 2000 (08/16/98) Page 1 of 3

Diversity Immigrant Visa Program is announced for the year 2000

Below is a statement provided by James Rubin, spokesman for the U.S. Department of State, about the
Diversity Immigrant Visa Program (DV-2000).

Section 203(c) of the Immigration Act of 1990 makes available 55,000 permanent (immigrant) resident
visas each year by random selection through a diversity visa lottery (DV-2000). (The Nicaraguan and
Central American Relief Act passed by Congress in November 1997 stipulates that 5,000 of the 55,000
annually allocated diversity visas will be made available for use under the NCARA program.) The DV-
2000 registration mail-in period will be held from noon on Thursday, October 1, 1998, through noon on
Saturday, October 31, 1998.

Q: How are the visas being apportioned?

A: The visas will be apportioned among six geographic regions. A greater number of visas will go to
those regions that have lower immigration rates. There is a limit of 3,500 visas to natives of any one
foreign state.

Information about the visa allotments for each region is unavailable at the present time.

Q: Who is not eligible?

A: Persons born in "high admission" countries are, in most instances, not eligible for the program. "High
admission" countries are defined as those from which the United States has received more than 50,000
immigrants during the last five years in the immediate relative, family and employment preference
categories. Each year, the Immigration and Naturalization Service adds the family and employment
immigrant admission figures for the previous five years, to identify the countries that must be excluded
from the annual diversity lottery. Since there is a separate determination made prior to each lottery entry
period, the list of countries that do not qualify is subject to change each year.

For the year 2000 "high admission" countries are: China (mainland and Taiwan), India, the Philippines,
Vietnam, South Korea, Poland, United Kingdom and dependent territories, Canada, Mexico, Haiti,
Jamaica, El Salvador, Colombia, and the Dominican Republic. Persons born in Hong Kong SAR and
Northern Ireland are eligible to apply for the DV-2000 lottery.

Q: What are the requirements?

A: An entrant must be a native of a qualifying country, He or she must also have either a high school
education or its equivalent, or within the past five years have two years of work experience in an
occupation that requires at least two years of training or experience.

There is no initial application fee or special application form to enter. The entry must be typed or clearly
printed in English on a sheet of plain paper and must include the applicant's full name; date and place of
birth for both the applicant and for the spouse or any minor children who might also wish to immigrate;

http://www.ukrweekly.com/Archive/1998/339816.shtml 4/15/2004
 vember 6, 2003 Immigration News Update Page 2 of 7

experiencing, there are issues of information sharing within the

DHS that may seriously undermine the deployment of the system.
A recent statement from a government spokesperson seems to
indicate that the databases of the different immigration agencies
will not be integrated by the time US-VISIT is deployed. If this is
true, individuals whose visa extensions are pending with
Citizenship and Immigration Services may be erroneously denied
entry to the United States simply because of a lack of
communication between the immigration groups within DHS.

As the first stage of US-VISIT implementation approaches, we

will keep you informed of any new pertinent developments. To
read a fact sheet about the US-VISIT program, go to:
http://www.dhs.gov/dhspublic/display?content=736

2. Attorney General Gives FBI Agents Immigration Powers

The Attorney General has issued an order delegating to the FBI

full authority to "exercise the powers and duties of the
Immigration Officers." This order, which pertains primarily to FBI
counterterrorism investigations, may also have implications for all
foreign nationals in the United States. The order gives the FBI
authority to investigate and arrest foreign nationals who have
committed or are committing non-criminal, i.e., civil violations of
Immigration law.

A memorandum circulated to all FBI offices from the FBI General

Counsel summarizes the order. According to the General
Counsel's memo, the order gives FBI agents authority "to
exercise the functions of immigration officers in some
circumstances" and provides "guidance on the implementation of
this authority." Specifically, FBI agents can now exercise the
functions of immigration officers when: (1) "investigating,
determining the location of, and apprehending, any alien who is in
the United States in violation of the [immigration law and
regulations] relating to" visas, admission, or the maintenance of
status; or (2) "enforcing any requirements of such statutes or
regulations, including, but not limited to, nonimmigrant aliens
subject to special registration." The memo also states that the
order grants FBI agents the authority to arrest a foreign national
without a warrant when they have reason to believe the alien is
present in the United States in violation of an immigration
provision, a standard "that can be met by an admission from the
alien, a review of immigration records, or other reliable
information."

Although the FBI insists that the new authority will ordinarily be
used only in support of ongoing investigations, agents will have
the option of exercising the authority at any time.

3. Religious Worker Program Extended until 2008

A bill to extend the immigrant visa category for certain foreign

religious workers passed Congress and has been signed into law
by the President. The new law extends the special immigrant
religious worker program, in its current form, until 2008.

http://www.twmlaw.com/resources/news 11 6 03 .html 2/25/2004

Federation for American Immigration Reform: Most 9/11 Terrorists Carried Florida Drive... Page 1 of 1

Federation for American Immigration Reform

Most 9/11 Terrorists Carried Florida Driver's Licenses, Says FAIR
April 12,2004

Gov. Bush's Proposal Would Endanger American Lives Again

(Tallahassee, FL—April 12, 2004) Most of the 9/11 terrorists carried a Florida Driver's license or ID card, the very identification documents that
Governor Jeb Bush recently endorsed giving to illegal aliens in Florida, says the Federation for American Immigration Reform. According to FAIR, 12 of
the infamous hijackers possessed the coveted documents, which illegal aliens and would-be terrorists use to establish residency, open bank accounts,
get a job and board airplanes, and even re-enter the U.S. from Mexico, Canada or the Caribbean.

FAIR is holding a press conference today in Tallahassee just prior to testimony before the legislature. The press conference will begin at 2:30 at the
Waller Park area, just behind the Capitol by the fountains.

Jim Staudenraus, Eastern Regional Field Director of the Federation for American Immigration Reform, urged Governor Bush to rethink his decision to
support giving driver's licenses to illegal aliens in Florida. "Florida is once again making itself a terrorist friendly state. Not only did most of the 9/11
assassins carry the state's drivers license, but three of them attended flight school there," said Staudenraus.

In his statement endorsing the idea of giving illegal aliens driver's licenses, Governor Jeb Bush said that "the bill he is backing has enough safeguards
that it would ensure terrorists would not get licenses." That's "outright untrue," says Staudenraus. "The bill's security measures are entirely bogus.
Virtually all of the 9/11 hijackers would have been eligible for a Florida driver's license under the proposed new rules," he added.

Nationally, the state driver's license is very coveted among illegal aliens, who use the universally accepted identifier to establish themselves as legal
residents in the U.S. "Our chain of enforcement against global terrorism is only as strong as its weakest link," said Staudenraus. "And Governor Bush
has decided to announce to the world that Florida is laying out the welcome mat for illegal aliens and would be terrorists," he added.

The 9/11 hijackers who carried a Florida driver's license or identity card included:

• Nawaf al-Hamzi;
• Waleed al-Shehri;
• Wail (or Wael) al-Shehri (ID card);
• Abdulazizal-Omari;
• Marwan al-Shehhi;
• Ahmed al-Ghamdi (ID card); , ] A 0 V M. LL-
• Hamza Saleh al-Ghamdi;
• Ziad Samir Jarrah;
• Saeed al-Ghamdi (ID card);
• Ahmed Ibrahim A. al-Haznawi;
• Ahmed Abdullah al-Nami (ID card); and
• Mohammad Atta

The bill that Governor Bush has endorsed, SB 1360, lets illegal aliens use third pai
banned by other states after it was discovered that they were sold to several 9/11 terr6fl5l5 U) fiyi[) IMfe1!!! ULHyill UIIUUI b> HUdllbUb. n enaubu, uiib DIM
would constitute a gold plated invitation to illegal aliens to live and work illegally in Florida at the taxpayers' expense," added Staudenraus. "This bill is
bad for public safety, bad for immigration enforcement, and bad for Homeland security," he added.

http://www.fairus.org/news/NewsPrint.cfm?ID=2398&c=34 5/27/2004
X
3. The Absconder Apprehension Initiative (AAI)

(U) Absconders are non-citizens who willfully fail to depart the United States after
receiving a final order of deportation from an immigration judge. As such they are
susceptible to federal felony prosecution.1 After September 11, INS Commissioner James
Ziglar proposed the inclusion of the names of 314,000 absconders in the National Crime
Information Center (NCIC) database accessible by State and local law enforcement." To
meet NCIC standards, every absconder entry had to be supported by a set of fingerprints
and a photograph so that the Law Enforcement Support Center (LESC) could
electronically transmit them to the querying law enforcement official within ten
minutes."1 If the absconder's identity was confirmed, then the INS could place a detainer
or arrange for an INS agent to take the individual into custody and proceed with removal.
Finding terrorists was not a focus of the program.lv Attorney General Ashcroft liked the
idea and Commissioner Ziglar announced it on December 5, 2001.v Shortly thereafter,
based on a recommendation from an aide to the Attorney General, the initiative was re-
cast as a counterterrorism program. Deputy Attorney General Thompson on January 25,
2002 provided guidance for the newly named Absconder Apprehension Initiative (AAI).
He explained that the object of the initiative was to deport 314,000 alien fugitives known
as absconders in two phases. The first phase was to focus on several thousand priority
absconders "who come from countries in which there has been al Qaeda terrorist
presence or activity . . . because some of them have information that could assist our
campaign against terrorism." The second phase of the initiative was to locate and deport
the remaining absconders."

(U) The INS National Security Unit (NSU) took charge of the project."1 There were
approximately 5,200 priority absconder subjects when the project began."" By the
summer of 2002, the initiative had resulted in the apprehension of approximately 700
fugitives.1X By early 2003, 1,139 of the designated absconders had been apprehended;
immigration authorities had removed from the country 803 of these, and 224 were in
custody and awaiting removal. No absconders who were removed as part of the Phase I
group were deported under a terrorism statute, prosecuted for terrorist related crimes, or
linked in any way to terrorism. The Commission does not know how many of the 5,000
AAI cases were entered into NCIC, but we believe that not all of them were, and that
only a minority may have been entered due to the poor quality of the INS' records. In
addition, the Commission believes the remaining absconders who were not apprehended
in the first phase of the program no longer receive special attention from INS/DHS
enforcement personnel.

8 USC 1253 (failure to depart, imprisonment up to four years, 10 years if a criminal); 8 USC 1324d
(failure to depart, civil fine of $500 a day); 8 USC 1326 (reentry after deportation, imprisonment from two
to 20 years).
" Ziglar MFR.
iji NCIC 2000, Operating Manual, Section 5.6
iv Ziglar MFR.
v Ziglar MFR.
Recent Results of the Board of Directors Meeting Page 1 of2

About Products & New

Home AAMVA Committees Events Services Links Room Account Map

AAMVA
^Recent Results of the Board of Directors Meeting May 2!

Outcome of the Board of Directors Meeting in Statement Regarding

Saskatoon, Saskatchewan Use of DL/ID Card for
Vehicles Creating Databases
Statement Regarding Use of Driver's License/ID Approved Residency
Legislation Card for Creating Databases Definition

Training Letter to AAMVA

The Board of Directors has unanimously passed a Membership (Sept 12,
motion stating that it does not support the use of the 2002)
Standards
driver's license/ID card for creating database records
ID Security
that contain personal information and, furthermore,
About the Board of
any business that intends to use the DL/ID card for Directors
E-government that purpose does so only with the informed consent
of the individual.
Library

Board of Directors Approved Residency Definition*

The approved definition states:

A person must have an actual physical dwelling place in the jurisdiction it

which he or she seeks to obtain a driver's license or an identification care
a person has a dwelling place in more than one jurisdiction, he or she mu
choose one jurisdiction when applying for a driver's license or an
identification card. In no event shall a person obtain or hold a driver's
license or an identification card from more than one jurisdiction at any on
time.

A jurisdiction shall not issue a driver's license or an identification card to <

person who does not have an actual physical dwelling in the jurisdiction I
which the person is applying for a driver's license or identification card, li
state law requires that a person obtain a driver's license from thejurisdict
in which the person is employed, and the person does not have an actua
dwelling place in the employing jurisdiction, a jurisdiction may issue a pei
a driver's license only if the jurisdiction is satisfied that the person does n
have another driver's license or identification card issued by another
jurisdiction.

* AAMVA is developing guidelines to help individual jurisdictions deal with

exceptions to the above definition.

92001 American Association of Ualor Vehicle Administrators

4301 Wilson Blvd. Sulla 400 Arllnalon, VA 22203 p.703-522-4200 f.703-522-1SS Updated: JE

http: //www. aamva. org/about/abtBoardOfDirectorsRecentResults. asp 5/28/2004

 Page 1 of 1

http://www.seminolesheriff.org/traveling criminals/Jimenez genaro_dl.jpg 5/27/2004

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

INTERNATIONAL ASSOCIATION CHIEFS OF POLICE

IACP,
search

FAQs | Contact Us | Other IACP Sites

IACP Home Legislative Activities
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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 1 1 , 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.

htt4)://wwwAheiacp.org/documents/index.cfni?document_id=359&fuseaction=document&s... 6/16/2004
 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 3/29/2004
 Page 1 of 8

STATEMENT

OF

JOSEPH R. GREENE
ASSISTANT COMMISSIONER FOR INVESTIGATIONS
U.S. IMMIGRATION AND NATURALIZATION SERVICE

BEFORE THE

U.S. HOUSE OF REPRESENTATIVES

COMMITTEE ON THE JUDICIARY
SUBCOMMITTEE ON IMMIGRATION AND CLAIMS

REGARDING

THE INS INTERIOR ENFORCEMENT STRATEGY

WEDNESDAY, JUNE 19, 2002

2237 RAYBURN HOUSE OFFICE BUILDING

2:00 P.M.

MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, I am pleased to have the

opportunity to testify before you regarding the Immigration and Naturalization Service's (INS) Interior

Enforcement Strategy, and our efforts to increase the domestic security of the United States.

As preliminary matter, and as you know, Mr. Chairman, the President recently announced his

proposal for a new Department of Homeland Security. The INS strongly supports the creation of this

new cabinet-level department, as proposed by the President and the Commissioner considers this an

important and very positive development for the security of our nation and for the mission and

employees of the INS. In this new structure, the INS will become a key part of one of the largest

agencies in the Federal Government and will be partners in what is the most important mission of our

government: protecting the American people and ensuring the safety of our institutions and our precious

freedoms.

Enforcing our nation's immigration laws in the interior of the United States has always been an

http://www.house.gov/judiciary/greene061902.htm 3/29/2004
 PURPOSE, SCOPE, AND METHODOLOGY

We conducted the current review to determine whether the

Immigration and Naturalization Service (INS) had improved its effectiveness
at removing nondetained aliens with final orders, and whether the INS took
the actions it agreed to in response to the five recommendations we made in
our 1996 report.
The scope of this review included all aliens who received final orders
of removal from the Executive Office for Immigration Review (EOIR) during
a 15-month period from October 1, 2000 through December 31, 2001. The
EOIR's Office of Information Resource Management provided us with a
database of all aliens issued final removal orders. In each case, the aliens
either had exhausted their appeals with the EOIR or did not appeal the
initial court decision. Each case included 86 data elements pertinent to
our report, including the alien's name, file number (A-file number),
nationality, date of entrance, custody status, criminal and asylum statuses,
court appearance details, and final removal decision.
The original EOIR database had 145,361 cases drawn from the
Automated Nationwide System for Immigration Review (ANSIR).10 Although
we did not independently assess the reliability of the ANSIR data in this
review, we did omit 2,678 duplicate or multiple cases.11 In addition, we
omitted 1,768 cases that were under appeal with the Office of Immigration
Litigation because the INS cannot execute a final order of removal while it is
under appeal. To maintain comparability with our 1996 sample, we did not
remove cases where Deferred Enforced Departure or Temporary Protected
Status might have prevented the INS from carrying out the removal
orders.12 Our final database totaled 140,915 cases.

10 ANSIR is the Information Resource Management System that provides the EOIR with
case tracking and management information. . .*+- \L
11 The INS creates a unique A-file number for each alien. However, duplicate cases in
ANSIR allowed different aliens to share the same A-file number. Multiple cases in
ANSIR had several different entry lines for the same alien with the same A-file number
due to numerous court hearings and appeals, which could not fit into one data field.
12 Temporary Protected Status for Nationals of Designated States (P.L. 101-649)
authorizes the U.S. Attorney General to temporarily exempt from removal aliens who
are in a protected status because of instability in their country. In 2002, the TPS
countries included: Sierra Leone, Burundi, Sudan, Montserrat, Kosovo, Nicaragua,
El Salvador, Honduras, and Angola. Deferred Enforced Departure (Executive Order
12711) was issued in 1990, by President George H.W. Bush to temporarily protect
aliens from the People's Republic of China from removal. Presidents William J. Clinton
and George W. Bush, through Presidential Memoranda, granted this relief from removal
to Haitians and Liberians in 1997 and 2001, respectively.
U.S. Department of Justice '
Office of the Inspector General
Evaluation and Inspections Division
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The chairman of the House Appropriations Secure mobile sr

Subcommittee on Homeland Security yesterday
cited a gruesome assault by a deported felon in
Biometrics denouncing the administration's failure to provide
FBI fingerprint data to the Border Patrol.
C ontent Man agement
Dtft me IT Homeland Security Department secretary Tom
E- Government Ridge, appearing before the subcommittee,
rejected the charge leveled by Rep Harold Rogers
Homeland Security
(R-Ky.) as well as the Justice Department
IT Infrastructure inspector general's report that integrating the
Mobiles Wireless databases involved could take another four years.
New Products / Technology
Rogers cited Tuesday's inspector general report in
Outsourcing his condemnation of DHS and Justice's failure to
Policy / Regulation establish connections between the FBI Integrated pentium0
Procurement Automated Fingerprint Identification System HP Comp
Section 508 database and the DHS IDENT system, also known
Security
as the Automated Biometric Identification System.
State & Local Border Patrol agents caught Victor Manual Batres,
Storage a Mexican citizen, twice in two days as he tried to
enter the country from Mexico in January 2002,
according to the IG report. Neither time did Border
Work force / Training
Patrol officers check the FBI's IAFIS database for
information about Batres, who had a 15-year
Enterprise Architecture criminal history including several aggravated
Executive Center felony convictions and at least one prior
Portfolio / Program / Project deportation.
Current Management Edition Batres voluntarily returned to Mexico and crossed
the border illegally in September 2002, the IG
GCN In print said. He traveled to Oregon and brutally raped two
Catholic nuns, strangling one of them with her
Government Computer rosary. Batres is serving a life sentence for murder
News without possibility of parole, according to the
report.
Subscribe
GCN Management If the Border Patrol agents had had access to
IAFIS, the IG said, they could have detained
Batres for re-entry after deportation, which is easy
Sponsor message to prove and generally carries a stiff prison term.

The Internet's "The Justice Department IG has just issued a report that we are vulnerable to infiltration by t
criminals because of delays in making FBI fingerprint data available to the Border Patrol," Re
a dangerous during the hearing. "Why can't we just get this fixed?" Rogers said he lays the blame on "bur
anrl tnlH RiHno "Wo ana Innkinn tn \/oi i" tn intenrato th^ Hatahacec

http://www.gcn.com/voll_nol/daily-updates/25162-1.html 5/6/2004
IDENT/IAFIS Integration Status Report Page 1 of 3

Return to the USDOJ/OIG Home Page

Return to the Table of Contents

Status of IDENT/IAFIS Integration

Report No. 1-2002-003
December 7, 2001

BACKGROUND
This Office of the Inspector General (OIG) report describes the progress made to integrate the
Immigration and Naturalization Service's (INS) automated biometric fingerprint identification
system (IDENT) and the Federal Bureau of Investigation's (FBI) integrated automated fingerprint
identification system (IAFIS). The report provides a brief history of the efforts by the INS and the
FBI to integrate their automated fingerprint identification systems, then summarizes what has been
done since the Department of Justice (DOJ) issued an implementation plan in March 2000 to
integrate the systems. The report also describes significant changes in the integration plan since
August 2001 and details the current status of the integration project. Finally, the report provides
our recommendation that the INS continue to use and deploy IDENT while proceeding to integrate
IDENT and IAFIS.

The INS's Automated Biometric Fingerprint Identification System (IDENT)

In 1989, Congress provided the initial funding for the INS to develop an automated fingerprint
identification system. One of the main purposes of the system was to identify and track aliens who
were repeatedly apprehended trying to enter the United States illegally. The system was also
intended to identify apprehended aliens who were suspected of criminal activity, had outstanding
arrest warrants, or who had been previously deported. According to the 1989 conference report
describing Congress's rationale for funding the project:

The conferees are concerned over the so-called "revolving door" phenomenon of illegal
entry by aliens. This phenomenon involves repeated attempts by aliens to cross U.S.
borders, requiring continual apprehension, removal and repeat apprehension of the
same individual by INS officials. Illegal immigration continues at alarming rates, and
criminal alien statistics provided by the INS indicate a growing proportion of aliens are
drug smugglers, known criminals and suspected terrorists. Emerging technology in the
area of automated fingerprint identification systems has the potential for providing
empirical data to clearly define the problem of recidivism as well as immediately
identify those criminal aliens who should remain in the custody of INS.

Between 1991 and 1994, the INS conducted several studies of automated fingerprint systems,
primarily in the San Diego, California, Border Patrol Sector. These studies demonstrated to the INS
the feasibility of using a biometric fingerprint identification system to identify apprehended aliens
on a large scale. In September 1994, Congress provided almost $30 million for the INS to deploy
its fingerprint identification system. In October 1994, the INS began using the system, called
IDENT, first in the San Diego Border Patrol Sector and then throughout the rest of the Southwest
Border.

In the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, Section 326, Criminal
Alien Identification System, Congress specifically directed the INS to expand the use of IDENT "to
apply to illegal or criminal aliens apprehended Nationwide." This Act also directed the INS to:

operate a criminal alien identification system . . . to assist Federal, State, and local law
enforcement agencies in identifying and locating aliens who may be subject to removal

http://www.usdoj .gov/oig/inspection/plus/0203/back.htm 5/6/2004

8. ENFORCEMENT
This section provides information about actions taken by the Immigration and
Naturalization Service to prevent illegal entry into the United States and to
apprehend and remove deportable aliens from the United States.
Enforcement of Immigration Laws
The Immigration and Naturalization Service (INS) has the
initial responsibility of determining who may be admitted
to the United States. The INS also has the responsibility of
enforcing immigration laws within the United States and
on the borders. These responsibilities include locating and
arresting aliens who are in violation of the Immigration
and Nationality Act (INA), i.e., aliens attempting an illegal
entry, aliens who successfully complete an illegal entry,
and aliens who entered the United States legally but have
since lost their legal status. The arrests are known as
apprehensions. Almost all of the work involved in locating
and arresting aliens is done by either Border Patrol agents
or Investigations special agents. Immigration inspectors
work to prevent the entry of inadmissible aliens at a port of
entry. The custody and processing of apprehended aliens
and certain aliens refused entry are a joint effort involving
arresting agents, INS attorneys, and detention and
deportation officers. Aliens refused admission or
apprehended may be removed from the United States as
described below.
The September 11 terrorist attacks
The September 11, 2001 terrorist attacks impacted the
enforcement work done by the INS, which is reflected in
the statistics reported in this section. Notable among these
impacts are a change in the types of cases worked by
investigators, and increased controls on migration—both at
ports of entry and between ports of entry. These impacts
are discussed in the sections below.
Border Patrol
The primary mission of the U.S. Border Patrol is to secure
the 8,000 miles of land and water boundaries of the United
States between ports of entry. The major objectives of the
Border Patrol are to prevent illegal entry into the United
States, interdict drug smugglers and other criminals, and
compel those persons seeking admission to present
themselves legally at ports of entry for inspection. The
INS "prevention through deterrence" strategy calls for
deploying Border Patrol agents along the border to prevent
and deter illegal entry, rather than apprehending
undocumented immigrants after they have entered the
United States. Border Patrol operations are divided into
21 sectors. The southwest border covers four states
(California, Arizona, New Mexico, and Texas) and divides
into nine sectors: San Diego and El Centre in California;
Yuma and Tucson in Arizona; El Paso sector covering
New Mexico and the western-most portion of Texas; and
Marfa, Del Rio, Laredo, and McAllen in Texas. The
remaining 12 sectors are: Livermore, California; New
Orleans, Louisiana; Miami, Florida; Havre, Montana;
Blaine and Spokane in Washington; Grand Forks, North
Dakota; Buffalo, New York; Swanton, Vermont; Detroit,
Michigan; Ramey, Puerto Rico; and Houlton, Maine.
Investigations Program
The Investigations Program focuses on the enforcement of
immigration laws within the interior of the United States.
Special agents plan and conduct investigations of persons
and events subject to the administrative and criminal
provisions of the INA. Agents use both traditional and
modern technological methods, including forensic science,
to investigate violations of immigration law and aliens
involved in criminal activities. They often work as team
members in multi-agency task forces against terrorism,
violent crime, document fraud, narcotic trafficking, and
various forms of organized crime. They also seek to
identify aliens who are incarcerated and deportable as a
result of their criminal convictions. In addition, agents
monitor and inspect work sites to apprehend unauthorized
alien workers and to impose sanctions against employers
who knowingly employ them. Apprehensions at places of
employment may result in removal from the workplace
and also can result in removal from the United States.
Inspections Program
Immigration inspectors determine the admissibility of
aliens who have arrived at a designated port of entry.
There are approximately 300 such ports in the United
171
V

Evaluation and Inspection Report Page 1 of 5

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The Immigration and Naturalization Service's Removal of Aliens

Issued Final Orders
Report Number 1-2003-004
February 2003

EXECUTIVE DIGEST
Each year, millions of aliens attempt to enter the United States without proper documentation, or
enter legally but overstay or violate their visas. In March 1996, we reported that the Immigration
and Naturalization Service (INS) was effective at removing detained aliens given final removal
orders by the Executive Office for Immigration Review (EOIR).l We found that the INS removed
almost 94 percent of these individuals. However, we also found that the INS was ineffective at
apprehending and removing nondetained aliens.2 The INS removed only 11 percent of our sample
of nondetained aliens ordered to leave the country. Our March 1996 review contained five
recommendations to improve the INS's effectiveness at apprehending and removing nondetained
aliens.

We conducted this current review to determine whether the INS had improved its effectiveness at
removing nondetained aliens with final orders, and whether the INS actually implemented the
actions it had agreed to take in response to the five recommendations in our 1996 report. We
found that, since our 1996 report, the INS maintained its effectiveness at removing detained
aliens. However, the INS continues to be largely unsuccessful at removing aliens who are not
detained, removing only 13 percent of nondetained aliens with final removal orders.

Moreover, we examined three important subgroups of nondetained aliens and found that the INS
was also ineffective at removing potential high-risk groups of nondetained aliens. The subgroups
we examined were aliens:

• from countries that the U.S. Department of State identified as sponsors of terrorism - only 6
percent removed,

• with criminal records - only 35 percent removed, and

• who were denied asylum - only 3 percent removed.

We also reviewed the INS's implementation of the corrective actions it agreed to take in response
to our 1996 report, and we found that it failed to take or complete corrective actions in a timely
manner. In several instances, the INS acted to implement our recommendations only after the
September 11, 2001, terrorist attacks, although it had agreed to act much sooner.

Results in Brief
The INS remains effective at removing detained aliens. Both our 1996 report and a 1998
U.S. General Accounting Office (GAO) report examined the INS's removal of detained aliens with
final orders, and these reports found that the INS removed 94 and 92 percent of detained aliens,
respectively.2 Given the strong results reported in both reviews, we selected a nominal sample of
50 cases of detained aliens ordered removed from October 1, 2000 through December 31, 2001,

http://www.usdoj .gov/oig/inspection/INS/0304/exec.htm 5/5/2004

INS Main Page Page 1 of 2

JNS Law Enforcement Support Center (IESQ)

The United States Immigration and Naturalization Service (INS) is expanding its service to law enforcement. This
new resource is the Law Enforcement Support Center (LESC). It provides a link between local, state, and federal
officers in the field and the vast database maintained by the INS. Users have direct terminal access via the LEDS
network. The following article by SSA Walter T. Hempel II, INS, describes the system and how it works.

The INS, a part of the Department of Justice, is responsible for the control of aliens within the country. Its role in
the border areas is well known but enforcement within the interior of America is less recognized. In these areas,
the Investigations Branch has over 2,000 special agents to conduct criminal and administrative investigations on
suspected violations of the Immigration Act, which includes narcotics trafficking, terrorism, and numerous
"aggravated felonies." Violators can be deported from the United States administratively and/or face Federal
prosecution.

The problem of criminal alien activity continues to grow. The threat is not confined to the large metropolitan areas.
Offices in small towns and rural America encounter foreign-born individuals on a daily basis.

When a federal, state, or local law enforcement officer arrests an alien, the INS may be able to provide vital
information and guidance. Federal law provides for mandatory detention of serious criminal violators. An INS
detainer can often mean the difference between keeping an individual who presents a threat to the community
and/or is likely to abscond in custody, and that same individual walking out the revolving door of justice before the
arresting officer has completed the processing paperwork. The problem facing the law enforcement community is
how to obtain timely and accurate information from INS.

The answer is the Law Enforcement Support Center (LESC). This facility, located in South Burlington, Vermont,
operates twenty four hours a day, seven days a week. It is staffed by trained special agents and highly skilled
analysts. Although the vast databases of the INS are not totally automated, most inquiries are answered in less
than twenty minutes. This response provides information on the alien's immigration status, previous deportations,
or removals, location of any relating files, and the location and telephone number of the INS enforcement unit
responsible for the location of the requester. Additionally, photographs and fingerprints may be available to assist
in the identification of criminal aliens.

The gateway to the LESC is the National Law Enforcement Telecommunications System (NLETS). Officers use
their state criminal justice network to access a dedicated message key, using standard NCIC format, the required
identifying data is entered and electronically transmitted to the LESC. The Center's personnel check criminal
records and the INS database. The results are analyzed and a response is prepared. The information is sent to
the requesting officer with a copy sent to the local INS enforcement office.

Currently the LESC provides access to Arizona, Colorado, Florida, Illinois, Iowa, Kansas, Kentucky,
Massachusetts, Missouri, Nebraska, North Carolina, South Dakota, Tennessee, Utah, Vermont, Wyoming, and
the Territory of Puerto Rico. Federal law enforcement agencies also have access in these areas. Working with the
State Department, the center is providing service to U.S. law enforcement agents around the globe.

County jails have a critical need for INS information, as an inmate may be processed and released to the street in
a short period of time, thereby eluding deportation prosecution. Correctional facilities with large numbers of
foreign-born inmates can launch an LESC query as part of their regular booking process. Currently all foreign-
born inmates in Dade County, Florida, Maricopa County, in Arizona, San Diego and San Mateo Counties in
California, are reviewed. The LESC is rapidly expanding to additional areas of the United States.

Through law enforcement agency use of the LESC, thousands of violent criminal aliens are identified each month.
This new and expanding partnership between the INS Investigations Branch and law enforcement agencies will
greatly enhance public safety. Aliens who have been deported previously for serious felony convictions (termed
"aggravated felonies"), if located again in the United States, routinely face anywhere from four to eight years in a
federal correctional facility. Others are wanted on existing warrants of deportation.

The LESC stands ready to assist local, state, and federal officers. It offers quick and easy access through the
existing state law enforcement networks. It only takes a minute to fill in the required information and send it to the

state nr.iis/trainins/comDendium/ins.htm 6/8/2004

 NEW YORK CITY'S 'SANCTUARY' POLICY
AND THE EFFECT OF SUCH POLICIES
ON PUBLIC SAFETY, LAW ENFORCEMENT,
AND IMMIGRATION

HEARING
BEFORE THE

SUBCOMMITTEE ON IMMIGRATION,
BORDER SECURITY, AND CLAIMS
OF THE

COMMITTEE ON THE JUDICIARY

HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION

FEBRUARY 27, 2003

Serial No. 4

Printed for the use of the Committee on the Judiciary

Available via the World Wide Web: http://www.house.gov/judiciary

U.S. GOVERNMENT PRINTING OFFICE

85-287 PDF WASHINGTON : 2003

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800
Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001
Archives of Rudolph W. Giuliani - Speech announcing Immigration Coalition Page 1 of 3

Announcement of Immigration Coalition

Archives of Rudolph W. Giuliani
US Custom House
Thursday, January 9,1997,11:00 a.m.

I'm very pleased to be here today to announce the establishment of my Immigration Coalition, which
includes celebrities, business leaders and community organizations who oppose anti-immigrant
initiatives.

Fundamental to its mission is to highlight and educate the public about the important contributions that
immigrants have made, and continue to make, to our city and our country.

In addition to the establishment of this Coalition, I'm also proud to announce that we are releasing a
report prepared by the Department of City Planning, entitled "The Newest New Yorkers: 1990-1994,"
which provides an in-depth look at immigration patterns in the 1990's.

The report details how immigration continues to affect our city and reveals that, just as it has always
been, immigration is the key to our city's growth and prosperity.

Standing here at the foot of the Statue of Liberty, I cannot think of better place to launch this Coalition,
or a more poignant setting to remind New Yorkers about our country's strong immigrant tradition.

A point of entry for 16 million immigrants, Ellis Island stands tribute to New York City's proud tradition
of welcoming immigrants from all over the world.

And as Congress convenes this February, the Coalition's first order of business will be to emphasize to
Congress and the President the need to repeal the portions of the welfare and immigration laws that are
unfair and perhaps unconstitutional.

These laws not only discriminate against immigrants but undermine the health and safety of all
Americans as well.

Each year the U.S. accepts approximately 700,000 legal immigrants into our nation.

Most of these immigrants came here because they want to create a better life for themselves...they want
to achieve...and they challenge each of us to do better.

And that is evidenced by the fact that immigrants work and own businesses in slightly higher
percentages than native-born Americans.

Their hard work and self-determination adds to the economic opportunities and prosperity of our city
and our nation.

In return for their privileges of American residency, immigrants pay federal, state, and local taxes at the
same rate as native-born Americans.

http://www.nyc.gov/hrml/rwg/html/97ayimmcoal.html 6/9/2004
TABLE 42. PRINCIPAL ACTIVITIES AND ACCOMPLISHMENTS OF THE INS INVESTIGATIONS PROGRAM
FISCAL YEARS 1992-2002

Activities and accomplishments 1992 1993 1994 1995 1996 1997 1998 1999 2000

Criminal investigations: 1
Cases completed 38,716 45,291 46,236 45,619 54,065 74,612 87,093 100,044 90,519
Defendants prosecuted 2,027 2,041 2,386 1,965 1,468 1,436 2,195 2,754 3,802
Defendants convicted 1,688 1,954 2,172 1,590 1,254 1,166 1,704 2,409 3,022
Employer investigations: 2
Cases completed 7,053 6,237 6,169 5,283 5,149 7,537 7,788 3,898 1,966
Warnings 840 758 683 550 668 733 642 383 282
Notice of Intent to Fine 1,461 1,302 1,063 1,055 1,019 862 1,023 417 178
Final orders 1,063 944 836 909 808 777 535 297 180
Arrests 8,027 7,630 7,554 10,014 14,164 17,552 13,914 2,849 953
Fraud investigations: 3
Cases completed 3,428 4,416 5,800 6,455 4,369 4,843 4,613 4,300 3,733
Defendants prosecuted 532 525 308 389 613 332 447 509 483
Defendants convicted 494 421 225 257 339 190 310 338 259
Smuggling investigations: 4
Cases completed 7,073 6,955 4,750 5,358 2,643 1,171 2,033 2,043 3,309
Smugglers arrested 13,454 1 1 ,244 8,787 8,580 4,699 3,381 2,812 4,253 4,139
Smuggled aliens arrested 38,498 48,017 53,078 68,203 43,243 35,084 45,128 41,364 46,001
Defendants prosecuted 3,030 2,491 2,029 2,636 3,360 2,287 1,830 1,951 2,618
Defendants convicted NA NA NA NA 2,838 1,737 1,183 1,199 1,474
Entered without inspection/
status violators: 5
Cases completed 24,048 23,841 19,364 23,624 33,138 33,910 25,407 27,085 38,311
Aliens arrested 6,507 7,375 8,458 8,793 15,365 13,702 11,337 13,879 14,963

1 Criminal alien cases include large-scale organizations engaged in ongoing criminal activity and individual aliens
convicted of crimes such as terrorism or drug trafficking.
2 Employer investigations target employers of unauthorized aliens and include criminal investigations,
administrative investigations, auxiliary investigations, INS Headquarters Investigation Project, and Department of
Labor ESA-91.
3 Fraud investigations seek to penetrate fraud schemes of all sizes and degrees of complexity which are used to
ASYLUM Page 1 of2

ASYLUM
The number of applications for asylum in September 2003 decreased 32 percent compared to the number filed in
September 2002. The pending caseload was 14 percent lower than in the same month last year.

Month Fiscal Year Total

Sep-2093 Sep-2002 % Change FY2003 to Date FY2002 to Date % Change FY2M2
Cases Filed 3,372 4,937 -32 48,656 66,577 -27 66,577
Approved 814 1,580 -48 12,176 19,611 -38 19,611
Denied 1,088 1,453 -25 13,119 15,734 -17 15,734
Otherwise Closed 4,045 6,172 -34 49,736 32,527 53 32,527
Referred to IJ 1,187 1,553 -24 15,687 18,529 -15 18,529
Fend ins 262,102 303,828 -14 262,102 303,828 -14 303,828

IJ - Immigration Judges at the Executive Office for Immigration Review (EOIR).

Cases filed - includes both new and reopened applications.

Denied - includes applications rejected under the one-year filing deadline.

Data Source: RAPS

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/ASYLUM.HTM 5/4/2004
NATURALIZATION BENEFITS Page 1 of2

NATURALIZATION BENEFITS
Naturalization receipts in September 2003 increased 4 percent while approvals/oaths were down 41 percent aru
denials were down 50 percent when compared to September 2002. During fiscal year 2003, receipts were down 2
percent while 455,884 applicants for naturalization took the oath of citizenship, a decrease of 23 percent compare*
to fiscal year 2002.

Month1 Fiscal Fear Total

Sep-2003 Sep-2002 % Change FY 2093 to Date FY 2002 to Date %Ckaxge FY2M2
Receipts 41,112 39,432 4 523,740 700,649 -25 700,645
Approvals/0 aths 46,612 78,920 -41 455,884 589,728 -23 589,72E
Denied 10,536 21,137 -50 91,599 139,779 -34 139,775
Fending 621,794 623,519 0 621,794 623,519 0 623,515

Data Source: PAS G-22.3

1 Receipts and Pending do not reflect an estimated 13,000 N-400S filed but not data

entered.

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/NATZ.HTM 5/4/2004
APPLICATIONS FOR IMMIGRATION BENEFITS Page 1 of2

APPLICATIONS FOR IMMIGRATION BENEFITS

Applications and petitions for immigration benefits in September 2003 increased 23 percent compared to tf
number received in September 2002. September approvals were up 25 percent, while denials decreased by
percent when compared to September 2002. For fiscal year 2003 receipts increased 4 percent, while approve
decreased 15 percent compared to fiscal year 2002.

Month Fiscal Year Total

Sep-2003 Sep-20&2 %Ckange FY2063toDate FY2002 to Date % Change FY20K
Initial Receipts1 617,970 501,047 23 6,559,773 6,324,496 4 6,324,4£
Approved 503,335 403,929 25 4,840,433 5,690,938 -15 5,690,9:
Denied 62,052 63,603 -2 667,755 635,557 5 635,5'
Fending1 5,510,553 4,383,154 26 5,510,553 4,383,154 26 4,383,1::

Data Source: PAS G-22.2

1 Receipts and Pending do not reflect an estimated 2,900 l-485s filed but not data entered.

Applications for Benefits: Receipts, Approved, and Fending

1,000,000 f I 6,000,000

900,000 -
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http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/BENEFIT.HTM 5/4/2004
INVESTIGATIONS Page 1 of2

INVESTIGATIONS
Successful completions of criminal alien cases for September 2003 decreased 6 percent when compared to
September 2002, while the same comparison for employer completions showed an increase of 10 percent. Fraud
completions in September 2003 increased 77 percent when compared to the same month last year, while
smuggling completions increased by 7 cases or 23 percent. For fiscal year 2003, criminal alien cases increased
by 3 percent, employer cases decreased by 6 percent, and fraud and smuggling cases increased by 33 and 28
percent, respectively, when compared to fiscal year 2002.

Achieved Month Fiscal Year Total

Objectives Sep-2003 Sep-2002 %Change FY2003 to Date FY2 002 to Date % Change FY2062
Criminal Alien Cases 4,076 4,350 -6 49,639 48,390 3 48,390
Employer Cases 53 48 10 1,058 1,127 -6 1,127
Fraud Cases 196 111 77 1,389 1,047 33 1,047
Smuggling Cases 38 31 23 426 332 28 332

Data Source: PAS G-23.19 & 19.1

Note: FY 2003 data does not include casework completed by Las Vegas

Criminal, Worksite, and Fraud Cases Successfully Completed

5,000 -

Criminal Alien Cases

Employer Cases
Fraud Cases

I 1 1 1 1

Definitions: Achieved Objectives: a "closed" case where an adverse action has been taken against the

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/IVST.HTM 5/4/2004
Audit Report Page 1 of 4

Return to the USDO3/OIG Home Page

Return to the Table of Contents

Immigration and Naturalization Service's Premium Processing

Program
Report No. 03-14
February 2003
Office of the Inspector General

EXECUTIVE SUMMARY
The Office of the Inspector General, Audit Division, has completed an audit of the
Immigration and Naturalization Service's (INS) Premium Processing program. The
Premium Processing program was established in June 2001 to allow for the payment of a
service fee for expedited processing of certain employment-based applications. The INS
guarantees processing of premium petitions within 15 calendar days for the basic
application fee ($130) and an additional service fee of $1,000. According to the
regulation that established the Premium Processing program and INS's internal budget
documents, the INS will use Premium Processing revenue to hire additional adjudicators,
contact representatives, and support personnel to provide service to all its customers
and to improve the infrastructure so as to reduce backlogs for all types of petitions and
applications. Currently, only the Form 1-129, Petition for Non-Immigrant Worker, is
eligible for the Premium Processing program.

The audit focused on determining if: (1) the INS was achieving the program goals for
the expedited processing of employment-based petitions and applications; (2) the
processing times for similar routine petitions and applications changed significantly after
the implementation of the Premium Processing program; and (3) the implementation of
the mandated Interagency Border Inspection System (IBIS) check procedures impacted
the Premium Processing service.1

Our audit examined the Premium Processing program for the period from June 2001
through October 2002. We reviewed Premium Processing activities at the INS
Headquarters in Washington D.C., and at the INS's four service centers: St. Albans,
Vermont; Dallas, Texas; Laguna Niguel, California; and Lincoln, Nebraska.

I. Summary of Audit Findings

Although we found that the INS is essentially meeting its 15-day processing requirement
for premium petitions, we identified the following deficiencies in the Premium Processing
program:

• The Premium Processing program has adversely affected the time required to
adjudicate routine applications and petitions. Consequently, more applicants are
paying the $1,000 Premium Processing fee to assure adjudication within 15
calendar days. The mandate to adjudicate premium applications within 15 days
has contributed in part to the increased backlog of routine petitions at the service
centers. The backlog has steadily increased since the second quarter of fiscal year
(FY) 2002, reaching 3.2 million in September 2002. Thus, a program whose
purpose was ultimately to reduce or eliminate adjudications backlogs may be
having the unintended consequence of increasing at least some of those backlogs.

http://www.usdoj.gov/oig/audit/INS/0314/exec.htm 4/15/2004
~~ federal Bureau of Investigation - Facts and Figures 2003 Page 1 of32

Investigative Technologies: The Investigative

Technologies Division provides technical and
tactical services in support of investigators and
the Intelligence Community, including
electronic surveillance, cybertechnology, and
wireless and radio communications, as well as
the development of new investigative
technologies and techniques and the training of
technical Agents and personnel.
Fingerprint Identification: The FBI maintains the
Integrated Automated Fingerprint Identification
System (IAFIS), a state-of-the-art automated
system which accepts and processes
The FBI has transitioned from a paper-based fingerprint submissions and related
system for fingerprint matching to a completely transactions electronically, and serves as a
automated system. repository for criminal history records, which
are accessed by users when searching for
arrest record information, and maintains the FBI's national database of fingerprint features. IAFIS
has the database of fingerprint features. IAFIS has the capability to process up to 62,500 ten-print
fingerprint searches and 635 latent fingerprint searches daily. IAFIS is administered by the Criminal
Justice Information Services Division, based in Clarksburg, West Virginia.

National Crime Information Center: NCIC is a nationwide computerized information system

accessed by more than 80,000 law enforcement and criminal justice agencies at all levels of
government. It provides a computerized index of documented criminal justice information on crimes
and criminals, and it includes locator-type files on missing and unidentified persons. NCIC averages
3.5 million transactions per day. This system includes the following files:

Gun File—records stolen and recovered weapons that are designed to expel a projectile by air,
carbon dioxide, or explosive action

License Plate File—records stolen license plates, acts as an early warning to police officers during
traffic stops

Missing Persons File—provides centralized computerized system to help law enforcement locate
individuals, including children, who are not wanted on any criminal charges

ATF Violent Felon File—lists individuals prohibited from possessing a firearm due to three or more
felony convictions or serious drug offenses

Unidentified Persons File—cross-references unidentified bodies against records in the Missing

Persons File

US Secret Service Protective File—maintains names and other information on individuals who are
believed to pose a threat to the President and/or others afforded protection by the US Secret Service

Vehicle File—assists in the recovery of a stolen vehicle, a vehicle involved in the commission of a
crime, or a stolen part

Violent Gang and Terrorist Organizations File—became operational in 1995 to identify violent
gangs and their members; also contains records about terrorist organizations and their members

Wanted Persons File—records individuals (including juveniles who will be tried as adults) for whom
a federal warrant, a felony, or serious misdemeanor warrant is outstanding

Fingerprint Searches—stores and searches on the right index fingerprint; search inquiries compare
the print to all fingerprint data on file (wanted persons and missing persons)

Convicted Sex Offender—records the names of individuals who are convicted sexual offenders or

http ://www.fbi.gov/libref/factsfigure/factsfiguresapri2003 .htm 5/5/2004

INVESTIGATIONS Page 1 of2

INVESTIGATIONS
Successful completions of criminal alien cases for September 2003 decreased 6 percent when compared to
September 2002, while the same comparison for employer completions showed an increase of 10 percent. Fraud
completions in September 2003 increased 77 percent when compared to the same month last year, while
smuggling completions increased by 7 cases or 23 percent. For fiscal year 2003, criminal alien cases increased
by 3 percent, employer cases decreased by 6 percent, and fraud and smuggling cases increased by 33 and 28
percent, respectively, when compared to fiscal year 2002.

Achieved Month Fiscal Year Total

Objectives Sep-2003 Sep-2062 %Cha«ge FF 2003 to Date FF2 062 to Date % Change FY2602
Criminal Alien Cases 4,076 4,350 -6 49,639 48,390 3 48,390
Employer Cases 53 48 10 1,058 1,127 -6 1,127
Fraud Cases 196 111 77 1,389 1,047 33 1,047
Smuggling Cases 38 31 23 426 332 28 332

Data Source: PAS G-23.19 & 19.1

Note: FY 2003 data does not include casework completed by Las Vegas

Criminal, Worksite, and Fraud Cases Successfully Completed

5,000 - •

Criminal Alien Cases

Employer Cases
Fraud Cases

Definitions: Achieved Objectives: a "closed" case where an adverse action has been taken against the

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/IVST.HTM 5/4/2004
SOUTHWEST BORDER APPREHENSIONS Page 1 of2

SOUTHWEST BORDER APPREHENSIONS

The U.S. Border Patrol made 72,176 apprehensions along the southwest border during September 2003, a 6 pei
increase when compared to September 2002. Voluntary returns conducted by Border Patrol agents increased
percent from a year ago to 65,737. For fiscal year 2003, apprehensions were down 3 percent and voluntary ret
were down 5 percent compared to fiscal year 2002.

Month Fiscal Fear

Southwest Border Sep-2003 Sep-2002 %Change FY 2003 to Date FY2002 to Data *<»-,.
Apprehensions 72,176 68,263 6 905,065 929,809 -3
Voluntary Returns 65,737 63,614 3 836,672 884,380 -5

Data Source: PAS G-23.8 & G-23.18

Southwest Border Total Apprehensions

200,000

Apprehensions
Seas onally A djuste d Apprehensions

Seasonally adjusted apprehensions increased in September 2003 by 4 percent when compared to August
2003, the fifth monthly increase since April 2003.

In FY 2002, Central American apprehensions on the southwest border reached 21,750, a decrease of 765 v
compared to the previous year. For fiscal year 2003, southwest border Central American apprehensions
reached 31,049, an increase of 43 percent compared to fiscal year 2002. Of the 31,049 Central Americans
apprehended in FY 2003, 45 percent were Honduran, 30 percent were El Salvadoran, 22 percent were
Guatemalan, and 2 percent were Nicaraguan.

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/SWBORD.HTM 5/4/2004
REMOVALS Page 1 of2

3*;vada =I=IJ.I*A«:«

REMOVALS
Total removals for September increased 1 percent compared to the same month a year before. In September 2
DHS removed 13,462 aliens from the United States, 5,598 of these aliens were criminals.

Month Fiscal Fear T

Sep-2003* Sttp-2002 % Change FF2&&3toDate FY2092toDate %Ckaxgt Flf

Deportable 3,304 3,858 -14 48,120 46,111 4 i

Inadmissible 10,158 9,435 8 133,859 103,874 29 1C
Total Removals 13,462 13,293 1 181,979 149,985 21 1'
Criminal Removals 5,598 5,882 -5 77,710 71,447 9 j

Non-criminal Removals 7,864 7,411 6 104,269 78,538 33 J

Data Source: HQSTA DACS Monthly Extract

* - Current Monthly Data are Preliminary.

Removals by Type

Total Removals
Criminal Removals
N on-criminal Removals

The current month's statistics are preliminary. Historically there have been significant upward revisions in th

http://uscis.gov/graphics/shared/aboutus/statistics/msrsep03/REMOVAL.HTM 5/4/2004