"Warsaw wants in on U.S. visa waivers Poles to press Obama in visit"

Hi Gang:
I was recently interviewed by Dave Boyer, White House correspondent for the Washington Times.  He was preparing a report on how the government of Poland is currently seeking to join a growing fraternity- countries whose citizens are exempt the requirement of applying for and receiving visas before seeking to enter the United States under the aegis of one of the most wrong-headed programs created by our government, the Visa Waiver Program.
That news report appeared on the Washington Times website yesterday, Thursday, May 26th and I am providing you with a copy of that important report at the conclusion of my commentary today.
Those of you who have become familiar with my stand on border security and the effective enforcement and administration of our nation’s immigration laws know just how adamantly I am opposed to the Visa Waiver Program.  Last month I wrote a commentary about how our leaders in Washington are attempting to get a bill through the process that would purportedly make the visa issuing process more secure.  I have provided you with my entire commentary and the news report that predicated my commentary beneath today’s Washington Times article.  
I will warn you that even by my standards, that commentary is long- however, the threat that the visa issuing process poses to national security is so great that I felt compelled to make that commentary as complete as possible to provide you with the insight to understand just how insane it is for our nation to admit millions of aliens into our country each year, without requiring that they first apply for and receive visas.
As I have noted on many occasions, our nation’s borders do not only exist along the borders that are supposed to separate the United States from Mexico and Canada, out borders also exist at every international airport and seaport.  Therefore, in a very real sense, any state that has a seaport or an international airport must be thought of as a “Border State.”
You should also know that at some major international airports around the United States, according to my sources at CBP (Customs and Border Protection) well over half of the nonimmigrants admitted into the United States are admitted under the auspices of the fatally flawed Visa Waiver Program!
I also want you to understand that it is not just the governments of those countries that desire to become members of the club, but the executives of the hospitality and travel industries along with the Chamber of Commerce that opposes virtually any measure to secure our borders even as our nation faces continuing threats of terrorist attacks and even as members of the Mexican drug cartels and other transnational gangs and criminal organizations find that our borders serve as little more than “speed bumps” when they seek to smuggle illegal aliens including criminals and terrorists into our country. 
Check out the link I have provided to you below and excerpts from the material to be found on the webpage posted by the organization that posted the material.  According to this website, NRF (National Retail Federation) has joined the Discover America Partnership!  These industries have absolutely no expertise in national security or in issues where border security are concerned.  Yet they have staked out a position because they are motivated by nothing more than greed!  The more people who will travel to the United States, the more people who are likely to stay in hotels, eat in the restaurants, attend Broadway shoes and buy the souvenirs and other trinkets peddled in cities around the United States.  
NRF Joins New Travel Coalition to Reform Visa Process
Increase in Tourism to Generate Demand for U.S. Goods and Create 1.3 million U.S. Job

The National Retail Federation is calling for comprehensive reform to the antiquated visa process that has cost the U.S. economy billions of dollars. To help advance these measures, NRF has joined the Discover America Partnership, a broad coalition to advance visa and reentry reforms for international travel.


“The visa process is broken and is in desperate need of reform”


“The visa process is broken and is in desperate need of reform,” said NRF President and CEO Matthew Shay. “We need a visa policy that will bring visitors from the fastest growing countries to the U.S. to help generate jobs and bolster economic growth.”

A new report issued by the U.S. Travel Association outlines how common-sense reforms that are relatively easy to implement could create 1.3 million more U.S. jobs and add $859 billion to the U.S. economy by 2020 – all with little or no cost to taxpayers.

The report’s comprehensive, four-step plan will help the United States achieve its goal of becoming more competitive in the global travel market, which in turn will expand U.S. exports, create new jobs and drive economic growth. The report recommends:


  • America must align U.S. State Department resources with market demands;

  • America must reduce visa interview wait times to 10 days or fewer;

  • The U.S. State Department must improve planning, measurement and transparency; and

  • America must expand the Visa Waiver Program.


The Discover America Partnership, under the leadership of the American Hotel and Lodging Association, National Restaurant Association, National Retail Federation, U.S. Chamber of Commerce, and U.S. Travel Association, is a lobbying and grassroots campaign to advance visa and entry reforms that will enable the United States to regain the 17 percent market share of overseas travelers it had in 2000 by 2015.

As the world’s largest retail trade association and the voice of retail worldwide, NRF’s global membership includes retailers of all sizes, formats and channels of distribution as well as chain restaurants and industry partners from the United States and more than 45 countries abroad. In the United States, NRF represents the breadth and diversity of an industry with more than 1.6 million American companies that employ nearly 25 million workers and generated 2010 sales of $2.4 trillion. www.nrf.com 

Date Posted: 2011-05-16

More news about: 
 
Industry: Restaurant 
 
Category: Other 
 
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It is understandable that the business executives want to have more customers but while they have signed on to a program referred to as “Discover America” it is apparent that they have forgotten that al-Qaeda has already discovered America! 
They are also very short sighted- in the days, weeks and even months after the attacks of September 11, 2001 airliners flew with many empty seats.  Hotels, restaurants and tourist-related businesses were nearly devoid of patrons.  It was seen as an act of patriotism and, in fact, heroic, for people to board airliners and fly anywhere in the United States but especially to major cities.  
If, God forbid there is another terrorist attack it is entirely possible that many hotels will go bankrupt along with restaurants and other businesses that depend on tourism.
I am not, however, surprised that these corporate executives do not seem to dive a damn about the safety of our nation- not when it may cause them to lose revenue.  What is  infuriating is that our “leaders” in Washington are actually doing what these idiots tell them to do when they call for an expansion of the Visa Waiver Program!  
What qualifies these corporate executives to essentially create a program that endangers our nation’s security?  How credible is their advice?
These business executives have no knowledge and no experience in anything other than knowing how to separate people from the contents of their wallets and yet when they demand that our nation compromise its security and endanger the lives of the citizens our government gladly does what these executives want!
By the way, did you notice how the language calling for an expansion of the Visa Waiver Program sounds remarkably like the language calling for Comprehensive Immigration Reform?  Here is a direct quote from that web page again- in case you missed it the first time:
                                                                                  **************

“The visa process is broken and is in desperate need of reform,” said NRF President and CEO Matthew Shay. “We need a visa policy that will bring visitors from the fastest growing countries to the U.S. to help generate jobs and bolster economic growth.”

                                                                                  **************

How many times have we heard that the immigration system is broken and the solution is to implement a program (Comprehensive Immigration Reform) that would provide perhaps tens of millions of illegal aliens with lawful status and official identity documents even though there is no reliable way of knowing anything about the vast majority of these people whose presence represents a violations of our borders and our laws that are intended to prevent the entry of aliens into our country whose presence would be harmful or might even present a clear danger to our citizens and our nation?
When you read the Washington Times article, I want you to pay attention to an interesting point that Dave Boyer made about one of the proposed requirements that must be met by countries before they can be added to the list:
                                                                                                            ***********************
 “The bills would make an overstay rate of less than 3 percent the primary qualifying criteria for a nation’s membership in the program. Current policy uses a country’s rate of visa refusals, which many experts think is an outdated method of assessing security risks.”

                                                                                                            ***********************

The problem is that there is absolutely no way of reliably knowing what the overstay rate is for any country!
One of the recommendations of the 9/11 Commission was to implement US-VISIT which would track the arrival and departure of aliens who enter the United States on nonimmigrant visas.  Our nation has spent hundreds of millions of dollars on this program that was deemed to be essential by the 9/11 Commission and, after many years, the departure of aliens from the United States is not accurately tracked.  So much for national security!
I have a theory- I believe that there is a reason that the departure of nonimmigrant aliens has never been accurately determined because under the Visa Waiver Program, if it was determined that the overstay rate of aliens from a particular country exceeded the 3% figure, that country would have to be eliminated from the program.  Being the cynic I am, I am of the opinion that this is simply a matter of “Don’t ask, Don’t tell!”  
Except in this case- ignorance is anything but bliss!
What is really wacky is that the United States sees participation in the Visa Waiver Program as a reward to acknowledge countries that have worked in close cooperation with the United States in various ways including sending their soldiers to back up U.S. troops engaged in battles around the world in the hunt for terrorists.  The problem with this fatally flawed reasoning is that it makes no sense reward countries that work with us by expanding a program that endangers our national security.  

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.  

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same.  We need to create a “Bucket Brigade of Truth!”

The practice of good citizenship does not end in the voting booth, it only begins there.

The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!


The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.  

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world.  However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels or members of other transnational gangs or members of al-Qaeda!

If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation! 

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!


-michael cutler- 



Please check out my website:

http://www.washingtontimes.com/news/2011/may/26/warsaw-wants-in-on-us-visa-waivers/

Warsaw wants in on U.S. visa waivers

Poles to press Obama in visit

8:10 p.m.,
Thursday, May 26, 2011

Poland sends troops to fight alongside U.S. soldiers and considers
itself a strong ally, but it’s the only Central European country whose
citizens cannot travel to America without a visa, a sore point that
Poles hope President Obama will rectify when he visits their nation
Friday.

Of the 25 European nations that signed a mutual travel
pact in 1985, only Poland is still petitioning the U.S. to be allowed
into the State Department’s Visa Waiver Program. Entry in the program
allows visitors from approved countries to travel in the United States
for up to 90 days without a visa.

Mr. Obama pledged last December
to make the issue a priority, promising Polish President Bronislaw
Komorowski that he would solve the question “during my presidency.”
Administration officials have said the president likely will outline a
plan during his visit.

Action on visa waivers would please
lawmakers who have been pressing the administration on the subject, such
as Sen. Barbara A. Mikulski, Maryland Democrat. “We believe the
president will be very helpful,” she said.

Some of the most
outspoken advocates for a Polish visa-waiver program are lawmakers from
Mr. Obama’s home-state delegation of Illinois. Mr. Obama sought out his
Irish roots at the start of his European trip, but his hometown of
Chicago bills itself as the largest Polish city outside Poland.

“The United States should stand by its commitment to this strong, democratic ally,” said Sen. Mark Kirk, Illinois Republican.

Rep. Dan Lipinski, Illinois Democrat, noted that Poland will assume the EU presidency in July.

“The
president’s visit is the right time for him to recommit to passing
legislation that will enable Poland to join the Visa Waiver Program,”
Mr. Lipinkski said.

But the waiver program also has its critics,
who argue that Washington too often eases rules for traveling to the
United States. In all, 36 nations now enjoy visa-free travel to America.
The last waiver was granted in 2008, to Greece.

Michael Cutler,
who enforced U.S. immigration law for 30 years as an agent for the
former Immigration and Naturalization Service, said the visa process
“helps that beleaguered inspector who has to make a ‘yea’ or ‘nay’
decision” about foreign travelers at U.S. ports of entry.”

“It
really adds another layer of security to our country,” said Mr. Cutler,
who has testified before Congress on immigration law numerous times.

Opponents
of the program point out that the U.S. system has no way of tracking
visitors who overstay their welcome, creating a potential security risk.
The government estimates that at least 4.5 million visitors per year
overstay their visas, but Mr. Cutler thinks the real number is about
twice that high.

“The whole program is a corruption of our
security,” Mr. Cutler said. “No country should have [a waiver]. They’re
expanding a program that facilitates the arrival of aliens in our
country.”

In a letter to the president last month, Mr. Kirk, Ms.
Mikulski and four other lawmakers noted that Poland joined NATO in 1999
and the European Union in 2004. They also reminded the commander in
chief that Poland “significantly contributed” to the U.S.-led wars in
Afghanistan and Iraq, and that 2,500 Polish troops currently serve in
Afghanistan. At least 24 Polish soldiers have been killed in
Afghanistan.

Bipartisan legislation pending in the House and
Senate would restructure the outdated visa-waiver program and make it
more secure, these lawmakers said.

The bills would make an
overstay rate of less than 3 percent the primary qualifying criteria for
a nation’s membership in the program. Current policy uses a country’s
rate of visa refusals, which many experts think is an outdated method of
assessing security risks.

Among the newest members of the Visa Waiver Program are the Czech Republic, Malta, Slovakia, Latvia and South Korea.

© Copyright 2011 The Washington Times, LLC. Click here for reprint permission.

Senators say visa security program implementation ‘troubling’

Hi Gang:
I am providing you with a troubling news report that was based on a new GAO (Government Accountability Office) report that stated that there are gaping holes in a system that was implemented to prevent terrorists from obtaining visas that would enable them to enter the United States.  The report I have provided to you appeared in the Friday, April 22nd edition of the “Government Security News” and shows how our government refuses to take essential measures to safeguard our nation and our citizens from the threat of terrorism even as the tenth anniversary of the terrorist attacks loom large on the horizon.
Today’s commentary will be long, even by my usual standards.  As the saying goes, “The devil is in the details” and I have decided to provide you with as many details as possible. 
I request that you please take the time that is necessary to carefully read what I am providing to you today.  The topic of my commentary and the materials I am providing you in conjunction with my commentary concern national security.  There is no more serious a topic than the security of our nation and I hope you will take the time to give some serious thought to this commentary because of its extremely serious nature.  I also request that if you agree that this commentary is significant that you forward it to as many of your friends as possible- especially those who may not agree about the dire risks we face because our borders are not secure and the immigration system lacks integrity.
My goal is to attempt to get as many of our fellow Americans and our leaders, as well, to understand the concerns I have had 40 years to develop.  I am attempting to create what I have come to refer to as a “bucket brigade of truth!”
The GAO report that predicated the news article below and hence my commentary as well, was prepared pursuant to a request from the Committee on Homeland Security and Government Affairs, U.S. Senate and was given a deceptively bland title:
“BORDER SECURITY
DHS’s Visa Security Program Needs to Improve Performance Evaluation and Better Address Visa Risk Worldwide”
Here is a link to that report in its entirety:
Before you continue on with my commentary and with the various items I have provided to you in conjunction with my commentary, I want you to consider a few really critical issues that are not mentioned in the news report that served as the predication for my commentary today.
First of all, process by which visas are issued to aliens seeking to enter our country is of vital concern.  For those not familiar with the purpose of a visa, you need to know that a visa does not guarantee and alien entrance into our country but does represent the first hurdle an alien must clear if he (she) is to seek entry into the United States provided that the alien is not a citizen of the 36 countries that participate in the wrong-headed visa waiver program which enables aliens who are citizens of those countries to simply board an airliner and head for the United States if they plan to stay no longer than 90 days and simply seek to sightsee or visit with friends or family.  A bit later on I will provide you with a half dozen reasons why the Visa Waiver Program is, in my judgement, wrong-headed and poses a serious threat to national security.
Clearly the process by which the State Department issues a visa is of huge importance because an alien who is issued a visa may then proceed to seek to enter the United States with the decision of the CBP (Customs and Border Protection) being the next step in the process and it is a process I am quite familiar with, having begun my career with the former INS (Immigration and Naturalization Service) in October, 1971 as an Immigration Inspector assigned to one of the busiest international airports in the United States, John F. Kennedy International Airport in New York City.
I want you to consider this excerpt from the GAO report:
                                                                                              ****************
What GAO Recommends
GAO made several recommendations designed to address weaknesses we identified in the VSP. DHS concurred with the recommendations that the VSP provide consular officer training and develop a plan to provide more VSP coverage at high-risk posts. DHS did not concur with the recommendations that the VSP collect comprehensive data on all performance measures and track the time spent on visa security activities. GAO continues to maintain that these recommendations are necessary to accurately assess VSP performance.

                                                                                              ****************

Here are two mind-boggling issues that are illuminated in this brief paragraph.  First of all, it is sheer lunacy to have applicants for visas only undergo enhance scrutiny- if indeed there is any real enhanced scrutiny only at “high risk” posts!  Once terrorists realize that certain consular offices subject would be foreign visitors to the United States to an enhanced screening process, all that they would have to do is determine where the process is not so stringent and simply head to those consular offices to apply for a visa!  This is not rocket science- but then you have to understand the incompetence of our government.
Next it is outrageous that the DHS disagrees with the GAO about the need to collect data spent on visa security activities and apparently ignores what they are being told that they need to do!   Just think about this- DHS is so determined to keep the paper flowing that they are opposed to tracking just how much of an effort they are expending on protecting our nation from the threat of terrorism that the visa process should address.  I guess their motto would be, “Damn the terrorists- keep those lines of would be visitors moving!”  At least Napolitano is consistent- not only won’t she or the agencies under her direction secure our borders- the other processes under her direction are also screwed up!
The visa process that is conducted at U.S. consulates and and embassies essentially pushes our border out to those visa issuing posts.  The visa issuing process is clearly flawed and has been for decades!
What is frustrating to me, and should be to you, is that much is being made about the obvious inability of our government to create a visa process that meets the needs of our nation, especially where national security is concerned but the same government officials who are appropriately upset with this obvious lack of competence are utterly oblivious to the risks posed by our nation’s extremely porous borders.  Many of these same high level members of the political establishment who will, no doubt, seize the opportunity for a “photo op” and stand before the forest of microphones and cameras to pound the podium and demand answers to their questions will also stand before those same microphones and cameras on another day, and demand that Comprehensive Immigration Reform be enacted!
Could there possibly be greater examples of being disconnected from reality?
Why is it that supposedly intelligent “leaders” can understand who critically important it is to properly screen applicants who show up at American consulates and visas seeking visas for the United States but don’t say a word against a Visa Waiver Program that obviates the need for visas for aliens seeking to enter the United States?
Why is it that these leaders demand to know why no clear procedure has yet been created to make certain that every reasonable effort is made to prevent terrorists from securing a visa to enter the United States but are willing to accept as the truth the claims about our borders being more secure than ever made by none other than Janet Napolitano- the head of DHS, an agency that I am certain you know by now, that I have come to refer to as the Department of Homeland Surrender?
In reviewing the GAO report you will notice that the key predication for this report was the fortunately unsuccessful attempt by Umar Farouk Abdulmutallab, a 23 year old Nigerian terrorist I have nicknamed, “Captain Underpants” to destroy an airliner in the skies over Detroit on December 25, 2009,  when he attempted to detonate a bomb he secreted in his underwear as he sat on an airliner preparing to land in Detroit.  The very next day, Ms Napolitano stood before the cameras and, with a straight face, said, “The system worked!”
I wrote a commentary in which I said that if hope is not a strategy, then dumb luck is not a success!
Quick, on a scale of one to ten, how would you rate her credibility?  (You may not use negative numbers- sorry!)
If a terrorist who obtains a visa to enter the United States is a threat to our national security- and I would certainly agree that such a terrorist is- then how is a terrorist who runs our nation’s borders and, in so doing, leaves no record of his entry into our country no less a threat?  In fact, I would submit that such a terrorist making a surreptitious entry might offer an even greater threat to our nation’s security!
Next we have to consider the dangers that Comprehensive Immigration Reform would pose to national security.  As you may know, I have come to refer to Comprehensive Immigration Reform by another more honest and descriptive name- I call it the Terrorist Assistance and Facilitation Act!
There is an unknown number of illegal aliens currently present in our country in every state and in virtually every significant city.  The estimates run from a low of 11 million to a high of perhaps 30 or even 40 million.  The open borders advocates become upset when such illegal aliens are referred to as being “Illegal Aliens!”  They prefer that we use the term “Undocumented.”  For the moment let’s give them what they demand- let us consider the unknown millions of undocumented aliens who are currently living throughout our nation right now.  What makes them “undocumented” is the fact that they do not have a shred of official documentation to reliably substantiate who they are.  They cannot prove what their names are.  They cannot prove what their date of birth is.  They cannot even prove where they were born or of what country they are citizens.  This means that there is no reliable way of determining if they have criminal records.  There is no reliable way of knowing if their true name appears on a terrorist watch list or a “No Fly” list.  Therefore we have no idea as to who they may be affiliated with or what their intentions are in coming to our country in violation of law.
Among the laws that they violated by running our borders, by the way, are laws that are intended to prevent the entry of aliens into our country whose presence would pose a threat to our well being or even national security.  The immigration laws do not consider the race, religion or ethnicity of aliens seeking entry into our country.  The immigration laws do not consider race, religion or ethnicity in considering applications for various immigration benefits including the conferring of resident alien status or even United States citizenship.  The politicians who are pushing for Comprehensive Immigration Reform love to create the impression that those of us who want secure borders and the immigration laws enforced are being anti Latino or, in one way or another, racist.  The point is that the laws that must be enforced have absolutely nothing whatsoever to do with discriminating against anyone because of race, religion or ethnicity.
If you doubt what the laws about the exclusion of aliens are about, here is a link to Title 8 of the United States Code, Section 212- these are the grounds under which an alien would be ineligible to be lawfully admitted into the United States: 
Next I want you to consider an extremely important question-
If we are all in agreement that a flawed screening process may enable terrorists to enter the United States, and indeed I would certainly agree that this does pose an extremely grave threat to national security- then what happens when an illegal alien applies for lawful status in our country and the adjudications officers at USCIS (United States Citizenship and Immigration Services) do not have a shred of reliable documentation to refer to in rendering a decision as to whether or not to grant that illegal alien who ran our borders in violation of our laws meaning that this alien’s presence in our country has been a violation of law from the moment he (she) set foot on American soil?  
Remember, when an alien is granted a visa to enter the United States, the decision as to whether or not to admit that alien rests with the CBP Inspector.  When an alien is granted lawful status by an adjudications officer at USCIS the game is over!  That alien is now lawfully able to immediately head for the Social Security office and apply for a Social Security Card.  That alien is lawfully able to head for the Department of Motor Vehicles and apply for a Drivers License.  That alien is lawfully entitled to head to a bank or a number of banks and apply for credit cards and bank accounts and seek loans.  That alien is lawfully entitled to work in a wide variety of jobs in the United States including jobs that may provide access to critical infrastructure!  That alien may lawfully board airliners, enter government buildings and corporate office buildings.  The name on his (her) immigration documents would also be the name that would appear on all of those documents I just described.
What happens when it turns out that the alien lied about his true name and his real name appears on various terrorist watch lists and “No Fly” lists but he simply lied about h is identity and the adjudications officer who was under a severe time constraint and had no way of requiring a field investigation had to simply accept the name provided on the paperwork by that alien who is, I would remind you, “UNDOCUMENTED?”
This is not a farfetched scenario.  Criminals typically use many false aliases in order to conceal their true identities and cover their tracks.  The terrorists who attacked out nation on September 11, 2001 used many false identities as was noted in both the 9/11 Commission Report and in the followup document known as the 9/11 Commission Staff Report on Terrorist Travel.  Here is the link to this lengthy report:
It has been said that the only thing worse than no security is false security.  When we provide official identity documents to an individual we are also providing that person with a high level of credibility.  If the person is able to game the system by which such identity documents are issued and secure an official identity document in a false name we enable bad guys to hide in plain sight or, in the parlance of the 9/11 Commission- we enable the bad guys to embed themselves in our country.  To a criminal or a terrorist false aliases provide the same sort of camouflage that a change in coloration provides to a chameleon- it enables them to hide among their intended victims until they are ready to strike!
Here is the predication for the report and a synopsis of the findings:
March 2011
Accountability • Integrity • Reliability
BORDER SECURITY

DHS’s Visa Security Program Needs to Improve Performance Evaluation and Better Address Visa Risk Worldwide

What GAO Found
ICE cannot accurately assess progress toward its VSP objectives. ICE outlined three primary objectives of the VSP—identifying and counteracting potential terrorist threats from entering the United States, identifying not-yet-known threats, and maximizing law enforcement and counterterrorism value of the visa process—and established performance measures intended to assess VSP performance, including situations where VSP agents provide information that results in a consular officer’s decision to deny a visa. ICE’s VSP tracking system, used to collect data on VSP activities, does not gather comprehensive data on all the performance measures needed to evaluate VSP mission objectives. In addition, data collected by ICE on VSP activities were limited by inconsistencies. ICE upgraded its VSP tracking system in April 2010 to collect additional performance data, but the system still does not collect data on all the performance measures. Therefore, ICE’s ability to comprehensively evaluate the performance of the VSP remains limited. While ICE can provide some examples demonstrating the success of VSP operations, ICE has not reported on the progress made toward achieving all VSP objectives.

Several challenges to the implementation of the VSP affected operations overseas. DHS and the Department of State (State) have issued some guidance, including several memorandums of understanding, to govern VSP operations. However, some posts experienced difficulties because of the limited guidance regarding interactions between State officials and VSP agents, which has led to tensions between the VSP agents and State officials at some posts. In addition, most VSP posts have not developed standard operating procedures for VSP operations, leading to inconsistency among posts. Additionally, the mandated advising and training of consular officers by VSP agents varies from post to post, and at some posts consular officers received no training. Finally, VSP agents perform a variety of investigative and administrative functions beyond their visa security responsibilities that sometimes slow or limit visa security activities, and ICE does not track this information in the VSP tracking system, making it unable to identify the time spent on these activities.

In 2007, ICE developed a 5-year expansion plan for the VSP, but ICE has not fully followed or updated the plan. For instance, ICE did not establish 9 posts identified for expansion in 2009 and 2010. Furthermore, the expansion plan states that risk analysis is the primary input to VSP site selection, and ICE, with input from State, ranked visa-issuing posts by visa risk, which includes factors such as the terrorist threat and vulnerabilities present at each post. However, 11 of the top 20 high-risk posts identified in the expansion plan are not covered by the VSP. Furthermore, ICE has not taken steps to address visa risk in high-risk posts that do not have a VSP presence. Although the expansion of the VSP is limited by a number of factors, such as budgetary limitations or limited embassy space, ICE has not identified possible alternatives that would provide the additional security of VSP review at those posts that do not have a VSP presence.

Highlights of GAO-11-315, a report to the Committee on Homeland Security and Government Affairs, U.S. Senate

Why GAO Did This Study
Since 2003, the Department of Homeland Security’s (DHS) Visa Security Program (VSP) has participated in the visa process by reviewing applications at some embassies and consulates, with the intention of preventing individuals who pose a threat from entering the United States. The attempted bombing of an airline on December 25, 2009, renewed concerns about the security of the visa process and the effectiveness of the VSP. For this report GAO assessed (1) the ability of DHS’s Immigration and Customs Enforcement (ICE) to measure the program’s objectives and performance, (2) challenges to VSP operations, and (3) ICE efforts to expand the VSP program. To evaluate the VSP, we reviewed VSP data, guidance, and the ICE’s 5-year expansion plan. We also interviewed ICE officials, and observed VSP operations at 6 posts overseas.

What GAO Recommends
GAO made several recommendations designed to address weaknesses we identified in the VSP. DHS concurred with the recommendations that the VSP provide consular officer training and develop a plan to provide more VSP coverage at high-risk posts. DHS did not concur with the recommendations that the VSP collect comprehensive data on all performance measures and track the time spent on visa security activities. GAO continues to maintain that these recommendations are necessary to accurately assess VSP performance.

View GAO-11-315 or key components. For more information, contact Jess Ford at (202) 512-4268 or fordj@gao.gov.
It is also important to note that flaws in the visa program and the process by which aliens are provided with various immigration benefits also figured prominently in the terrorist attacks of 1993 nearly 19 years ago.  In fact, I was called to provide testimony for the very first time on May 20 1997 before the House Subcommittee on Immigration and Claims by the late Representative Henry Hyde who, at the time, chaired the House Judiciary Committee and Representative Lamar Smith who was, at that time, the Chairman of the House Immigration Subcommittee.  Today, as you probably know, Rep. Smith is the Chairman of the House Judiciary Committee.
The topic of that hearing was:
VISA FRAUD AND IMMIGRATION BENEFITS APPLICATION FRAUD
Here is the link to the transcript of that hearing:

http://commdocs.house.gov/committees/judiciary/hju44195.000/hju44195_0f.htm


The incentive for this hearing was the terrorist attacks that had been carried out more than four years earlier, in 1993 when in January of 1993 a Pakistani national by the name of Amir Kansi who had been granted political asylum even though he lied on his application. He repaid our nation’s kindness (and frankly, ineptitude) by opening fire on cars being driven into the CIA parking lot that winter morning with an AK-47 and killing 2 CIA officers and wounding 3 others. He fled from the United States, was located, arrested and brought back to the United States to stand trial for those murders and assaults and was found guilty and executed for his crimes- but his victims remained dead.

One month later, in February 1993 attack at the World Trade Center involving the planting of a bomb in the basement of the World Trade Center garage located under that once iconic complex left six victims dead, hundreds injured and an estimated 500 million dollars in damages inflicted on the complex that nearly caused one of the huge towers to topple sideways.

The terrorists involved in this attack had committed visa fraud and immigration benefit fraud in order to enter our country and/or embed themselves in our country.

Nearly 9 years ago, in March of 2002, I was called to provide testimony about two other “students” who had gamed the immigration system.  There names were Mohammed Atta and Marwan Al-Shehhi.  If their names are familiar it may be because they were two of the terrorists who participated in the terrorist attacks of September 11, 2001.

Here is the link to the C-SPAN video of the Congressional hearing conducted by the House Subcommittee on Immigration and Claims, at which I testified on March 19, 2002 as you watch this video I want you to consider how much has not changed in the more than 9 years since the attacks of September 11, 2001:

http://www.c-spanvideo.org/program/id/165862

Topic for the hearing:
“INS’S MARCH 2002 NOTIFICATION OF APPROVAL OF CHANGE OF STATUS FOR PILOT TRAINING FOR TERRORIST HIJACKERS MOHAMMED ATTA AND MARWAN AL-SHEHHI”
Here is the link to the transcript of the hearing in its entirety


While we are on the topic of how terrorists have gamed the process by which visas are provided to students from foreign countries that enable them to enter the United States, we should also consider how often aliens engage in marriage fraud whereby they marry a United States citizen or resident alien in order to secure an Alien Registration Card (Green Card) that signifies that they have been granted lawful immigrant status and have been placed on the pathway to United States citizenship.  We should consider how many aliens have gamed the visa programs that provide temporary visas for foreign workers, who, contrary to the intention of the law, do indeed replace American and resident alien workers by accepting much lower wages and virtually no benefit packages.  In fact, many times such “temporary workers” don’t even meet the qualifications to do the jobs they claim they will do and take on totally different jobs secure in the knowledge that ICE will have no interest in looking for them because of an abject lack of resources to conduct field investigations!

The GAO has issued numerous reports on various aspects of immigration benefit fraud and other failings of the immigration system. You can see a list of these reports at:

http://www.gao.gov/docsearch/locate?searched=1&order_by=rel&keyword=immigration%20fraud&search_type=publications&o=0&add_topic=&add_type=&add_year=&add_fed_type=&add_fed_desc=&add_year=2000%20-%202009

On May 18, 2004 I was called by the then Ranking Member of the House Subcommittee on Immigration, Border Security and Claims, Sheila Jackson Lee, and asked to testify before a hearing that was entitled:
“PUSHING THE BORDER OUT ON ALIEN SMUGGLING: NEW TOOLS AND INTELLIGENCE INITIATIVES”

Here is a link to the transcript of that hearing, in its entirety:

As an INS Special Agent, one of my responsibilities at the Unified Intelligence Division of the DEA and then when I was promoted to the position of Senior Special Agent with the Organized Crime Drug Enforcement Task Force where I spent the final ten years of my 30 year career with the INS was to help other law enforcement agencies recruit informants and cooperators!  There are a variety of visas and benefits that can be provided to illegal aliens who come forward and cooperate with law enforcement authorities.  There are also specific criminal charges that can be brought to bear against aliens who become involved in drug trafficking and other crimes as well as terrorism that are a part of our nation’s immigration laws or that require that the immigration component of the law violation be taken into account.  Often terrorists are not charged with terrorism but with committing visa fraud.  The visa issuing process has long been known as a major factor in national security and yet it would appear the most rudimentary issues where the visa issuing process are concerned are still not being addressed!
On May 11, 2006 I testified before the House Subcommittee on Oversight and Investigations of the Committee on International Relations on the topic:
VISA OVERSTAYS:

CAN WE BAR THE TERRORIST DOOR?”

You can read the transcript of that hearing at:

Here is a link to a CNN report that was titled, “Tracking Down Visa Violators:”
Casey Wian and his producer, Sara Weisfeldt interviewed me for this report and I appear briefly on screen.
On May 10, 2010 I was interviewed by Daniel Gonzalez, a reporter with the Arizona Republic for an news report titled, “U.S. not cracking down on immigrants with expired visas.” Here is the link to the news report in which I was quoted:
The point to understand is that once an alien is admitted into our country there is virtually nothing done to make certain that the alien does not violate the terms of his admission into the United States.  A number of the 9/11 terrorists violated the terms of their admission into our country but to this very day, nearly nothing is done to impart even the slightest levels of integrity into this process.  The estimates as to how many such aliens are currently in our country who have overstayed or otherwise violated the terms of their admission but the estimates range from 5 million to perhaps as many as 10 million and yet there are fewer than 300 special agents of ICE who are tasked with attempting to locate and apprehend these aliens.  I would not be surprised if even if such aliens are apprehended that there is a lack of detention space to take them into custody pending their removal (deportation) from the United States!  (While “Catch & Release” was a hot topic for the Border Patrol, Catch & Release has been a fact of life for the efforts of agents at the former INS and now at ICE to seek the removal of illegal aliens who are apprehended within the interior of the United States!)
Another important issue you should consider is the insane Visa Waiver Program which enables aliens from some 36 countries to enter the United States without first applying for and obtaining a visa for the United States.  Richard Reid, the so-called shoe bomber attempted to destroy a U.S. bound airliner that was packed with passengers and crew members by detonating explosives he had hidden in his shoes.  Richard Reid is a citizen of Great Britain and therefore he was not required to obtain a visa before flying to the United States to apply for admission into our country.  Had he been required to obtain a visa, if there had been no Visa Waiver Program, it is likely he would never have secured the visa and would have not been permitted to board the airliner he intended to destroy.  Our government officials now require citizens of the United States and all others who seek to board airliners to remove their shoes for inspection because of Mr. Reid- however, the vulnerability created by the Visa Waiver Program has not only been utterly ignored, but more countries have since been added to list of those countries whose citizens do not need to seek visas before traveling to the United States to apply for admission into our country even though other terrorists have also entered our country under the Visa Waiver Program!
You can review the State Department’s website for information about this wrong headed and, indeed, treacherous Visa Waiver Program at: 

Currently, 36 countries participate in the Visa Waiver Program, as shown below:

Andorra Hungary New Zealand
Australia Iceland Norway
Austria Ireland Portugal
Belgium Italy San Marino
Brunei Japan Singapore
Czech Republic Latvia Slovakia
Denmark Liechtenstein Slovenia
Estonia Lithuania South Korea
Finland Luxembourg Spain
France Malta Sweden
Germany Monaco Switzerland
Greece the Netherlands United Kingdom
Some time ago I compiled a list of the ways in which the visa process can be helpful to law enforcement and bolster our nation’s efforts to prevent the entry of aliens whose presence on our country may prove harmful to our nation and our citizens. 

Here is the list of the 6 benefits that the visa requirement provides to national security and that the Visa Waiver Program denies our nation:

 

1.  By requiring visas of aliens who seek to enter the United States, this process helps to screen potential passengers on airliners that are destined to the United States.  Richard Reid, the so-called “Shoe Bomber” was able to board an airliner to come to the United States although he had no intentions of entering the United States, his apparent goal was to blow up the airliner and its many passengers somewhere over the depths of the Atlantic Ocean by detonating explosives he had concealed in his shoes.  Because he is a subject of Great Britain, a country that participates in the Visa Waiver Program, Reid did not obtain a visa before he boarded that airliner. 

2.  The CBP inspectors are supposed to make a decision in one minute or less as to the admissibility of an alien seeking to enter the United States.  The visa requirement helps them to do a more effective job.  Their’s is a tough job I can certainly relate to, I began my career at the former INS as an immigration inspector at John F. Kennedy International Airport in New York and worked there for 4 years before I became a special agent.

3.  The application for a nonimmigrant visa contains roughly 40 questions that could provide invaluable information to law enforcement officials should that alien become the target of a criminal or terrorist investigation.  The information could provide intelligence as well as investigative leads.  You can check out the application for a nonimmigrant (tourist) visa by clicking on this link:

https://evisaforms.state.gov/ds156.asp

 
4.  If an alien applicant lies on the application for a visa that lie is called “visa fraud.”  The maximum penalty for visa fraud starts out at 10 years in jail for those who commit this crime simply in order to come to the United States, ostensibly to seek unlawful employment or other such purpose.  The penalty increases to 15 years in jail for those aliens who obtain a visa to commit a felony.  For aliens who engage in visa fraud to traffic in narcotics or commit another narcotics-related crime, the maximum jail sentence that can be imposes rises to 20 years.  Finally, when an alien can be proven to have engaged in visa fraud in furtherance of terrorism, the maximum penalty climbs to 25 years in prison.  It is important to note that while it may be difficult to prove that an individual is a terrorist, it is usually relatively simple to prove that the alien has committed visa fraud when there is fraud involved in the visa application.  Indeed, terror suspects are often charged with visa fraud. 

5.  The charge of visa fraud can also be extremely helpful to law enforcement authorities who want to take a bad guy off the street without tipping their hand to the other members of a criminal conspiracy or terrorism conspiracy that the individual arrested was being arrested for his involvement in terrorism or a criminal organization.  You can arrest the alien who commits visa fraud for that violation of law and not for other charges that might make it clear that the investigation underway is targeting a criminal or terrorist organization.

6.  Even when an alien applies for a visa and his application is denied, the application he filed remains available for law enforcement and intelligence personnel to review to seek to glean intelligence from that application.

I am extremely happy that an important vulnerability concerning national security is being considered.  However, I would remind you that it only took our nation 44 months to respond to the attack on Pearl Harbor on December 7, 1941 and bring World War II to a successful conclusion.

When President John F. Kennedy challenged our scientists, engineers, technicians and other highly educated and skilled Americans to send men to the moon and return them safely to the earth, the United States rose to meet the challenge and we sent Apollo astronauts to the moon not just once but a number of times!
There is such a lack of leadership in Washington that you can hear the sucking sound of the vacuum created by the “brain trust” that is in charge of our nation today!

If a nation cannot provide for the safety and security of its citizens, then nothing else that the nation does or aspires to do matters!
The effective enforcement and administration of our nation’s immigration laws are, arguably, among the most important of all missions that are supposed to be carried out by our federal government.  
Nothing less than the security of our nation and safety of our citizens hang in the balance!
A country without secure borders can no more stand than can a house without walls!

I

our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.  
My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.
The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.
If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same.  We need to create a “Bucket Brigade of Truth!”

The practice of good citizenship does not end in the voting booth, it only begins there.

The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!


The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.  I implore you to resolve this year to get involved!
I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world.  However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels or members of other transnational gangs or members of al-Qaeda!

If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation! 

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

-michael cutler- 


Please check out my website:


http://www.gsnmagazine.com/node/23086?c=federal_agencies_legislative

Published on Government Security News (http://www.gsnmagazine.com)

Senators say visa security program implementation ‘troubling’

Sens. Collins (R-ME), Lieberman (I-CT)

A program meant to screen out terrorists overseas before they can get to the U.S. has significant problems with implementation and confusion among DHS, ICE and State Department participants, said two leading senators on the Homeland Security and Governmental Affairs Committee.

Committee Chairman Joe Lieberman (I-CT) and Ranking Member Susan Collins (R-ME) said the Visa Security Program “is riven by slow implementation, insufficient operating guidelines, and inter-agency disagreements,” in an April 21 statement. They said implementation of the eight year-old program that places Immigration and Customs Enforcement (ICE) agents at consular posts abroad to review and investigate visa applications in order to bar terrorists from obtaining visas to enter the U.S., is woefully behind and confused.

They pointed to a new Government Accountability Office (GAO) report that found just over half of the 20 consular offices most at risk of processing visas from potential terrorists have no VSP presence. A number of problems plague the program, they said. According to the report, said Lieberman and Collins, ICE and the State Department haven’t developed adequate guidelines or operational procedures for VSP units at consular offices, while the Department of Homeland Security (DHS) and the State Department can’t agree on the degree of association a visa applicant must have to a terrorist to render the applicant ineligible.

“This GAO report paints a very disappointing and troubling picture of the Visa Security Program, which is such an important part of our strategy to keep terrorists from entering the United States,” Lieberman said. “The VSP is not working the way we need it to.

Collins and Lieberman had asked the GAO to assess the effectiveness of the program following the December, 2009 attempted bombing of a Northwest Airlines flight by a Nigerian man who obtained a U.S. visa. The program’s three primary objectives are identifying and stopping terrorists from traveling, identifying future threats, and maximizing the law enforcement and counterterrorism value of the visa process.

The GAO report found that VSP is operating at 19 consular posts, out of 216 that issue visas, while 11 of the 20 highest risk posts identified by a joint DHS/State Department assessment have no VSP presence at all, said the Lieberman and Collins statement. GAO concluded that ICE has not worked to address the problem of high-risk posts that lack VSP units, nor has ICE established nine posts identified for expansion in 2009 and 2010, they said.

GAO also found that limited guidance from DHS and State has led to “confusion and inconsistency among posts.” Lieberman and Collins said training of consular officers varies from post to post and doesn’t even exist at some posts and gauging the program’s effectiveness is further hampered because ICE does not produce reports assessing VSP’s performance. The data that ICE does collect is unreliable, they said. The report concluded that ICE has been unable to meet the program’s goals because of budget limitations and State Department objections to expanding the program to some posts.

“I am particularly upset by GAO’s conclusion that the Departments of Homeland Security and State cannot agree on grounds to deny a visa to an applicant. Any association with terrorism should be enough to stop a visa applicant from coming to our country,” he said.

“I hope this report will move Secretaries Napolitano and Clinton  to quickly make sure that personnel within their two departments are working together to fulfill the purpose of the Visa Security Program so that the significant gains we have made in securing our borders will not be lost because of bureaucratic disagreements or inattention.”

“Effective operation of the Visa Security Program is a critical aspect of the security system that is intended to keep terrorists from entering our country,” said Collins.  “That is why the problems uncovered by GAO are so troubling.”


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