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July 15, 2002 Attorney General
EXCELLENCE IN GOVERNMENT 2QQ34i/£4^
From the Magazine
THINKING OUTSIDE THE BELTWAY
DECEMBER 3-5, 2003 SAN DIEGO, CALIFORNIA fl
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n M teach us. But the ways of terrorists hold lessons ** Weroes
as well. We have learned, for example, that the Sept. 11 terrorists geographically separated the different stages of their plan in order to minimize the possibility that they would be detected. The hijackers trained in camps in Central Asia. They planned most of the attacks in Europe. And they executed their plot here in the United States. This geographical distribution has had a great influence on how we go about identifying and dismantling terrorist networks. And it has an important lesson for emergency responders as well. We have all heard the saying: "Necessity is the mother of invention." . . . A modified version of that saying, directly relevant to the current war on terror, would read something like this: "Necessity is the mother of cooperation." No agency, department, state, county or local government can do this job alone. Our No. 1 priority is the prevention of terrorist attacks. But we understand that our best efforts at prevention will not always be successful.... We at the Justice Department, working with state, county and local first responders, have continued to promote coordinated programs and cooperative systems. 99 —March 4, 2002 Before the National Association of Counties.
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United States Department of Justice Immigration and Naturalization Service Interior Enforcement Strategy Summary The Immigration and Naturalization Service (INS) is committed to preserving the integrity of the legal immigration system and reducing the undocumented immigrant population in the United States. Building on the success of the INS border enforcement strategy, the agency is now focusing its capabilities on the nation's interior, in areas that had previously not been affected by illegal immigration. To this end, INS developed a comprehensive interior enforcement strategy to systematically combat illegal immigration inside the United States by attacking its causes, not merely its symptoms Strategy Goals The interior enforcement strategy, which complements INS' border management efforts, targets the agency's limited enforcement resources on removing criminal and other illegal aliens, disrupting smuggling rings, responding to community reports and complaints about illegal immigration, stopping immigration benefit and document fraud, and enforcing immigration law among employers. These interlocking priorities are designed to strategically and systematically reduce the overall population of illegal residents in the United States. As INS implements the strategy, formulated through extensive consultations with INS field staff and other law enforcement agencies, the resident undocumented population in the United States is expected to decline. By removing criminal aliens and combating alien trafficking and other organized and abusive practices, we will enhance public safety as well as protect the rights of immigrants who are here legally. To meet these goals INS will: Identify and remove criminal aliens
Illegal immigrants who commit violent crimes pose a significant risk to U.S. Communities. Some of these criminal aliens pass through the criminal justice system, at the local, state or federal level, before their immigration status is ascertained or before INS can intervene. INS is adopting measures to further enhance its ability to identify and remove criminal aliens in the federal and state prison systems, as well as those currently on probation or parole. For maximum impact, INS is also developing regional removal plans to concentrate resources in high-volume areas. In addition, the agency will strengthen and expand operations at its Vermont-based Law Enforcement Support Center, which provides other federal, state and local law enforcement agencies with 24-hour-a-day access to information INS collects on criminal aliens. To prevent re-entry by deported aliens, INS will work with key source-country governments to develop improved methods for monitoring and controlling their travel, including new pre-flight inspections stations.
Deter, dismantle and diminish smuggling and trafficking of aliens Alien smuggling operations, an $8-billion-a-year industry, are becoming the major pipeline through which illegal immigrants enter the United States. Shifting from its focus on the consequences of criminal activity involving illegal aliens, INS will now aim to dismantle the infrastructure criminal organizations use to promote and profit from illegal immigration. These efforts will extend from source countries to U.S. work sites, focusing on smugglers, counterfeit document producers, transporters and unscrupulous employers who engage in and benefit from illegal immigration. Minimize immigration benefit fraud and other document abuse Maintaining the integrity of the legal immigration system requires aggressive investigation and prosecution of benefit fraud and document abuse. The new strategy gives higher priority to complex schemes identified by INS Service Centers, the single greatest resource for detecting fraudulent applications, while promoting greater nationwide coordination of investigations to ensure maximum impact. The focus will be on applications that have the greatest potential for fraud, such as Green Card replacement and work authorization. For aliens who abuse their visa conditions, INS will impose penalties, such as visa cancellation and removal. Respond to community reports and complaints about illegal immigration and build partnerships to solve local problems INS will work with local communities and enforcement agencies to identify and define problems related to illegal immigration, and to develop operational plans which address those problems. By expanding operations at its Law Enforcement Support Center, which currently handles nearly 8,000 queries a month, INS can be more responsive to law enforcement officials. Cooperation with federal, state and local law enforcement agencies will be further enhanced with the deployment of Quick Response Teams in FY 1999, which will minimize the local impact of criminal alien and smuggling activities. QRTs will be deployed to states that are experiencing illegal immigration problems in areas that had not previously been affected. QRT agents will work closely with state and local law enforcement to determine the status of apprehended individuals and remove those determined to be removable. Block and remove employers' access to undocumented workers Recent ENS investigations have established a clear nexus between alien smuggling and the employment of unauthorized workers. By addressing these two priority areas through strengthened prosecutions, with emphasis on the crucial role played by employers, INS will further the Administration's continuing commitment to preserving American jobs for authorized workers. Through its worksite enforcement operations, INS will seek to build relationships with employers, openly conduct audits and surveys, and work with employers after unauthorized workers are removed to ensure continued compliance with immigration laws. Criminal investigations will focus on employers who engage in the most egregious violations of immigration laws and human rights.
Thomas H Kean
Lee H. Hamilton
FAX COVER SHEET
Richsid Ben-Veniste Max Cleland FicdF. Fielding Jamit S. Gorelick Slade Gorton John Lehman Timothy J. Roemer James R. Thompson Philip D. Zelikow
Number of pages (including cover sheet):
TEL (202) 331-4060 PAX (202) 296-5545 vww.9-1 lcotnmission.gov
-"-«='1^*-. "-WITMTI/ «-tintr5 oj.*» siaoBi
Jtoorrieg (gwtri at oruB.C
Honorable Thomas J-Kadge
Secretary • U-£. ffepanment of Homeland Security 3801 Nobradw Avenue,NW Washington, DC 20528
Dear Sccxctery Ridge: . '
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Purtuant to the Homeland Security Act'of 2002, Public LawNo. 107-297, as amended, and , • fhe President's Deparbnefll of Homeland Security Reorganisation Ften, of Nov«mbcr 25,2002, Marcli 1 of ftds yearnfido flic formal transfer of immigr&rfoiJ enfofccmeDt and citizenship aud benefits procesafpg reeponiibilities from the Jmmigratioii andNatoiBlizaition Service (INS) to the Department of •Homeland Security. IkncwthatfltBfffrcmfhepepBrlizwntof Justice ^nd the Dcpartneat of Homeland .Secnnly have been working assidnotwly to effectuate a, smooth ttansitioix, 'and I tiumk you for th<) , 'attention that you have .given to these matters. • I write-today to call your attention to the ipajor policy and regulatory initiatives cuncntiy being implemented by the ImmfgraXioa and Naturalization Service, under the (iapiblc, leadership of Acting Cottmisfltener Michael Garda. lainy jiidgrrtent, theseprograma andimtiativcs are critical to the. " • protection of Amentia's security and the safety of horpeople aod.tinis wanaflt attention .to ensure their successful implementation.' la addition, fhii letter describes regulations that either have beenuflder rtrviw at the Office of Management and Budget (OMB) or are la the process of being finalized, J.urge' you to move forward with these regulatory idbnns, all of which are critical to securing cur borders and Tedtoriug the rulA of law in tiie immigration arena.
Recent Initiatives vi Implementation
has implemented a,coordinated regiatiali0n system for certain nonOTritfgnsnt aliens in response to . vulnerabilities in our immigration lews thai were exploited by the September 11 terrorists, Li August, 2002,1 published th* final rule to implement the NSEERSprograin,whi(^Hthecritifl8lfiirt5tcspin . enveloping the coinprchenavecntry^^ NSEBRS became
opentipnal at-nll ports of enhy on October Ij 2002^ Aniying a3ieat«ubject to "special rogistratiaa" under NSBERS are subject to toee basic requirements,' (!) althepdrt of entry, they must be fiflgaprmted and photographed and most ptovide detailed infoxmatton about their personal bistoiy and
. DEC 15 2003D
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, Us.Departmeat.dfHoiacljaidScetiniy .
Honorable Thomas J.feid£e Secrefaiy '
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the purpose of their visit to the United State, (2) those ndjo stay more (had 30 day* must appear ia L person before an xranigrarion officer 30-40 days "after thefr arrival to verify their pcponal information, an'd annually thereafter vHle they remain in tbc United States, and (3) they must confinn thcif departures wW> iromigration officers when Tbey leave the United States. Aaditiontdly,cmain auttinnnigrant aliens already present tq the Unfed States hive been required to register in person in response to a (erics of public notices. NSBBRS has already yielded impressive success-eight suspected terroristt.ha.vc been apprehended, 525 crimniflls, prior dqjCftees, and other law enforcement throats have been stopped at the ports of entry, and 42 serious feloMhavebeen detained •fo the dojnc^c enrollment phase of ftepiDgrw.-lta • , • January 2003, with yioTatars being apprehended and placed in removal proceedings. 1 believe that it JB important to send anwssaire.that jnodfiratian aaflionties intend. to enforce NSEERS requirement vigorously, and I encourage you to contuaoe this approach. 2. Abaeoflders. TheDepartnienthascoc^natedthceffbitBof the INS aiid federal law enforcement agencies to identify and locate aliens who have absconded after receiving final orders of . deptortation orxexnovaL to date, the names andidentifios .of 4,831 of absconded hove been catered. into Ihe National Grime Information Index (NCIC) to jacOiate fljcif apprchennon and final deportation, thusfer>2,783 atscondera have been apprehended. However, more needs to be done to iaaka flua ' initiative effective, lie INS had been eatoin£flewnmncs into MQC-Bi an ^acceptably slow rate. Indeed;, 1hc mnnber of abscondert has been increasing faster than names are being entered into; NCIC. To assist you as you address fhis issue an the months ahead, t vfll direct the NQC'S Advisory Policy Board to fecHilate tbc entry of njareabaoondets into NOC. ' -3. Stftfent tnd Eayyhaaga Vigitpr j.Ttfi»nna^efl Svtten^ffiEVTS). The INS lecently in9>Icmeated the SSVIS program to gaflicr infonnation from schools and exchange programs regarding the aliens who • come to the United States as students and exchange vjsjtort. This system will provide current iafonnatipa on all students and exchange visitors to monitor their compliance wjth tiie tenns of their visas., The INS baa alto iixplcxncjaed a require • SEVIS. However, a new SBVIS lee rale, which will generate the funds.aeccssary for the enforcement of die SEVIS rides, has not yet been, approved by the Office ofMartagemat and Budget, despite the Departncnft efforts: A, EnttvvBcty ^vstem. Efforts arc coottnuag to tmplemat flic Cohgreggtonal mandate for an . effective entry-exit documentatiQn system at our borden by 2005. As aoted above, the Department of Justice begin by developing the National Security Entry-Exit Rcgwtrariem System CWSEERS), which had neneced over 82,€00 aliens fty's far. The entry and exit piocesdng ofNSEERS will evcntnally be
ftooorabTe Thomas I Ridge ' •SecMaiy. . ' .• ' U.S. Department of iloflMitaid Scutuity , -'
folded into the comprehensive entry-exit lysttro vfaf ft Is deployed. The oftier "tpecial rcgistrrfon" <hauUlvW*iftpl^^ The tiaD of Ae ipamgvthaishre coty eadnystem bu been proeeea^og, with £oi&|l tdrt^ ' o'tatooccarfaKheiicirtqtlire. A^yctekoov.ibapepanm^ef Justice has strtSKdthtffbe • '., nemxev^ bo'cbo'figuted jolmsdy, \nfli Inietitpnnt biometrics reipflred of pi] of identity at o^sitare. •'
9/11 Law Enforcement Sensitive
Tho DepvtDncot of Justico nix dnnod rcgulifoiy itefiMpn AfiEcctrag we oq respoDwbflidej aow being tzniifened to the Pcfrtifcaott of Homeland Stcority. I orjeyoo to complete these re&uns'as.quickly M possible. Sevenl ire-critical to the security of the' AmJcdc
htiiAr Ready for FtBal PobTieariofl.
1, EjfeoabftbeDiiiete«nli5idcmrfSeptmiberU,^l, tisedB tbecounfiy. th^ exploit ingHputtg adtflaninn to theX^atri SUtiqs. ThegreaOcrtproblcin^^itis ttalBy&itoii adea^adn^iropaiodof^metttto.eTCTTffijdrpvtp^ aioglemoaih.1 TJibdtsftnlavoiildeaflWvdutiiMlaaidftattvu^
(B-2) wemWocadttdttedoaJy for'fli* period of t&neaeedodfbrtha cai^Jedttiof tiuar-yitit, 6bmft30-' -day mfalnjomxip to ft nwidmum longer period or«aiy to «eek an extnuion ^i
Honorable Tpomas j. Ridge . •
tt.S, Department of Homeland Security
, ibe role takes account of avariety of cncuntttaoce* where aB nonimmigrant imebt need A lofigo; period of adrofofW to complete die patpoae of their Visit. The? Dcpegtonaa. of fiutiee views this regulatory change R9 cruoal in nwkitig our immi 2. ABiBBllESCfidjtta. The Dqjanintnt of Justicd has developed a rale to clirify ih? • procedural aspect* and definition* for the adjudication of applications -far asylum and TvithhoIdiDg of removal. :nri*idewoddittpJemsjt,frj^*^afpre^ Redo in 2000, althan^i dje ittle woaldresctve far frture cat^idcntj'oo other aspects of those propoaed ' . rules, iaclvdiag the definition of ^particalar loeiaf ^roop." The Department of Justice win woric with ftie 3. B*ctTT»ffff Sfgnatan- Thii xidcdlowing for AedectrooJOBtitRZUJsioD and verifleBtkafl of appUeaejoiu and petitions •will terra u the fbundation far an oveifcatd. of the ctutortusr service ispectt of . the imawgrarion' adjudicssoiyproeeM. Th» refonnis iraporiantin maldngtbe transition, to iateroecD3$ed BpplfcatioD pKOeedures. ' • • • <ff1Fll!g' As discuwod above, the DcparBtoent of Justice has so^ht OMB approval • taiioQ of ibe. fee authorized by Congress to tad thirneossaiy efft>rw toij^cancnt the SBVtS program and to ensure the* accuracy and integrity of the infpmiBtian collected.' TJifo rule will
B< Other Regulatory Reforms that ye]N(gaHhft-QBqDl«iti<ffl- . '
The DepartmcAT of Justice has also been voddagto draft aid coordinate the devtldpmeut of many other iimnigraiiod.relited initiatives 'to impfove Ac effectiveness of the enforcement proceEc and die tiratloncss of the debyeiy of inmugration cervices. I. Snitenderyylq. Laatspriitg, theDcpaittcent of Justice F^WisbedajsroposcdTulc to ftat a]] aliens who arc io pending removal jooceedin&i ate aware of their legal obligation, to rorrender ^ of alieej have itachcd'tbe end of die Bdnuattratfve hming procest only to abscond .when they are finally orderedremoved,aadthatowait&Mdingiinifliaite in the luw& Under thir ndey an alien who fofls to fiunmdcr as required, after having received dennotice of the obligation to *oirendcr, would bebantd from obtaining discretionary relief from removal forthernn^dcroftliclimcthsyre^^ thereafter. We recommend that the Peparfmcnt of Homelaod, Secori^ add to die final lule t provision gfvfng timely notice to bond companies of such' sqncndcr oDfigations. This mle ndsea unpo
JUbULt mnWIU Cfcrt.tK =14 Matt
Honorable Thomas J. Ridge , Secretary •US. Department of Homeland Security .
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. relating to the integrity bffte removal process,' and thfc Departoiiatpf Justice vnllbe pleased to work closely with rt« Department of Homeland Security to fmjdizcilus rule in tire near future. 2. Notification cf.CflMB* tf Add/*** Hie Pepartnient of Justice hat also pubhahed A proposed rule to eosure (hat all alien? who filed applications farinjqfngratian benefits are aware of flitir statutory obligation to provide* current address at an time*, and to snake clear that the goveraznent will beableto contact the aJienby mafl-at the mosirecojtflddres* provided "by t1"1^^ for aUpuiposes under die unmigr&tioa laws, including the service of paper* peeking the removal of Ae alien ihotildfliat.• ever prove co be necessary. nrifiulefc intended to avoid due kind of conduct exenrUfied by the alien . in A/offer efG-Y-Rf, 23 1«N Dec. 181 (BIAZ001), where anaHen had ffled an ^jplicati.on for asylurn but failed to provide any updated addrest for ft period of fouryearis, and could net be located' witen Ihe government later tried to urinate proceedings for ronovaj, the Depanment of Justice will be pleajird to wejrk whh the Department of Homeland Security 6» finalize this role in the near future.
.Or StkttilB! Of CjPTBm a^OQ
aliens ate admitted for a fi*cd period of admiagioD/ depending qn the purpose of their stay, but fbrciga stadents and ctchaqge visitors and certain other alien* are admibcd.to (be United States .for adan£on of ctatut" rather than .for a £xed period AWiougt thla-flcxible *pproadi takes account of the p&rtfcol&r needs; of fteac noninmiigrant alienCi it also raises concerns T?Tating.to the rdativdy 'open-ended period of admission xa certain contexts. The Department of Jurt'ce ha* developed* rule to provide for a fixed initial period ofadmiisian to certain n'onjatasigrant student and exchange victors, in respome to those coQcenw. Aliens adniitiad for a fixed period of adroiision--withtl}&avaflabih"iy of extenfiion^ of stay as seeded for eligible aliens -would then be governed by die same kind of procedures relating to determbiDg (he period of stay that apply far all other-categories ofnoaimmigrMtt. The Office of Homeland Security bar oqircssed support forpursoing this recultfory change, The DqpartmeBtof Justice is committed to this reform and stands ready to asizfetyoti. can be found to have abandoned Uwftl pcmuoientivrident s&tufly rcnunning outiide the United Statfli for an extended period of time.or by other actions that evince an 'intent to *evef the.alien'c «t£us. However, the current regulations provide for the adjudication of isrucs relating to abandonment only at Ihe rime such an alien seeks to ie-ente the country, Accordingly, the Department of Justice bur . worked to develop a procedure to detenntoc the status of an alien who baa long- remained outside the United States or who has otherwiie vtptocdhi* ether atatut, without having to wait until thealien returns to die United States. T)» I>epartuiajt of JuitiwwiU be pleased to wcA with IheDc^ Homeland Security to finalize thv mle in the near future.
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Honorable ThaauttJ. Secretary £eparbnc8t of Honelaod Security
S. TnmritWfrheDtVigaProffftnn. The Depjrtmjm of Jwticehaa forked to develop fdr find clearance several regulatory actiocs to detp- abuse of the tMaJ^^UjowvfciCTWO^pcb' ^ Although this program provides agreat benefit to international^^travelerf and to the United Siato% it fe ah o rabjectto abuse by alien who would take advantage of ft to bypan thtnoranl vim ftcratiny procab to fbal they C9& CDtfiTfljfl United StatOJ mdrenja'B illepUy- The Department of Justice bis worked ib dose coordination, with the Department of State on flrif issue; . This rule cbaageu ready for 6. "Mttl Orfq-Bri^p." TheDepartmentof Justice hoi developed a. rule to implanaat ti •law. and other Ww to protect (ucih penonc fioqi abuse. Tbe I^atnaent of Justice is ^illmg to' asast the Department of Homeland Security as it proceed* to implement thic ststutory provision 7. LTEEJfflmilvUnltv. Tic Department of Joatx^ebas developed regidatioos to implcrnoitthe family uoi^y protection* for; qualifying relatives -arhoTiave been granted legalbed states under tbe . proyisjon? of the LlFBtegalizatfon program, "Rag program was enacted by Oonfircwto resolve fcome •of the liagctinf iwues anting from tie h^'zarioa process adminisieKd in the late 1980S, Tbe . 'Departmeat of Justice it willing to assist Ibe JDeparitBie&t of Homeland Sccunty on ibfe matter.
New and Continuing Initiatives undo- Development •
1. fiaai&fflna. The Depmtroent of Justice ho^devcl^edaDd presented to Acting CommissioDorOarcia a-proposal to refbtm the cunrnt inmigratioit bond 'process. Hie bond reform wouliprovidc incentives fir Jlletgal aUeni to appear forranoval and Wnild deter those -who seek to ' It would also reducetfiemanpower needed for enforcement of bond contracts and locating #fens who fail to surrender. .ia die cb^ntcnn,incirer63oarce5 to detcadoii space. Ako included ife a Aiggestiootibai a gTeatet iramber of aliens be detained upon the entry of * Coal removal order, consistent with tbe observations of the Office of the Inspector General (OJO) in a.recent jcpott Finally, the bond reform would anmtpre tbe way in whidi surety con^paniea do businea« to mike them more accountable to die IMS, inching giving bond eonrpama die option of mitigating bond braache* by producing abscondmg-aliais and recoYffljn^apOTlianofthebondiBnounL expeditious maaner. Until those issues are resolved, die afasconder problem wOl continue to grow. 2. Iflfbfjrrifltion Svatem Ig^&gratioji. The Departineat of Justice has flddcd over 6.5 million oie Staie Departrnoiit's CLA$S system to permit better review of vis'i application* by
LtHltX M4 b«M
Honorable Thomas J. Ridge •
U.S. Department of Homeland Security
consular officers, As note abpve^ Ibe JDENT and IAFIS systems nre in the process of being mot closely integrated. Soch efToife need to continue, BO that Ihc scaring of data and the transfer of security inforn^ • . ' 3. Sectfeo yteJuflplemeftfrtJoin. Section 306 of the .Enhanced Border Security Act fflBSA) of 2002 (Pi#.L.I07-m, May H 2602) state: • ... o nonimmigrant visa, . . shall be issued to any alien from a country that w a, state sponsor of xnterriaticmal terrorion unless the Secretary of State determines, in consultation-wiih. die ; Attorney General and the head; of other appropriate United States agenda, that nidi alien docs not pose a- threat to the safety or national security of the United Stales. In roaldng a dcteoninatJon wider fhig subsection, die Secmaxy of State chall apply standards developed by . the Secretary of State, in consultation with the Attorney General and Che heads of other appropriate United Stater agencies, that are applicable to die nationals of such The Departmeot of State (POS) and the Department of Justice have had ccmfUctipe views about Thepepanmcntof Justice believes .tiut Section 306 it not yet being implemented En full compliance wflh Congress's intent. Thousands of aliens from the relevant countries havebeen icsued Visa* pfo'ce the Act was passed We look forward to working vdth you on this wetter in the months, ahead. 4, Alabama JdQA Under Seetfon 287fpV la 3001 the State of Floridaflifeneda memoi juidnm of agreement (MOA) under Sectibn287(g) of the fojragration god Nationality Act ThUMQA. provided for die special training of 35 Florida police 'officer in inonigtatfoin Uw enforcement. Ttdse 35 ofBcoi have assisted Ac INS in enforcing uointgrafian lavs YD Blonds, with notable success, Recently, partafflto^ would provide cDcalar training and audiority to in law enfhrcenent officer*, the Department of lattice has enteiod into discussions vritb Alabama on ihe rubfect, and we encoang'e the Department of Homeland Security to reach a final agreement with Alabama and oign this MOA.
5, Entering T1POPP Date in^yfflC and !DqtY|nft ^\dttril8jqp to nyOFFSubiectp. OaApnl 11, 2002j I directed Departmeot components to fflclnde tennnst tnfocn&tloQ |3roni flic Departnient of State1* ITPOFF system sft thepBI'e Nanooal Crime Information Center (NC3Q. Although the HPOn? ijstern has proven quite effective in denying most of these jcnown or euapected texrorists admlasion, for a variety of reasons, some of than nay have escaped detection and entered tba United States. Regardless of the means of entty, 'there are reasonable grounds to believe that such an alien is engaged in or jj likely to engage in terrorist activity, which ia a basis for jhadmisribility udder 8 US,C
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ULNItK »14 SM*
Honorable TDOTBMJ, Ridge • • Secretary ' U.S. Department of Homeland Security
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1 lB2(aX3)(BXO(H5», Tlitrefore, I urgeihepcpartrarat of flbnieteid Securitjrto continue tnc Department of Justice's efforts to roneve TEPOFF subjects from the United States and to deny adJriissiop to all UPOtfF subjects in the future, except in cases where an individual's admission facilitates.! law enfcTcehjorit operation. •. , ConttHuinsRalc of the Immigration Judges and Jfie Board of Immigration Appeals As fta Dcpanmcnt of lattice prepetes for tile transfer of immigration enforcement and benefit? functions to The Department of Homeland Security, we note the important and continuing role that the impngratjon judges and the Board «f Icomignuton Appcaib play in Ac lemoyal process. Con^rcw'has •provided that tbs Executive Office forliBflujtrap'on Review, comprising die immigration judges and ibe Board as w«U as adnainixtfative lawjudges bearing certain civa penalty caacs. wfll remain in the Department of Justice under die direction of the Attorney General. This-division of responsibility for the removal' of aliens, whfle enhancing tiicindepcndaocc.of eh« adjwficatory foncfion firsjn the Jnraiigration eaforcanenc faction, wfll prroeat inaay legal and practical, challenges for both Departments. Indeed, many of the n^itudvef disomcd above - rdsone to asylum, BurreDderj changes of.addrcss, and abandonment of .ponrmncni resident Biatusi among others - have an integral impact with respect to removal proceedings and win ncedto be ctoflely coortfinatcd between ' die Department) in order to enfeure.ihdrprppxa'implcmcittatioii. Tie umznjsratton judges have • independent jurisdiction over asylum, adjustment of status, and many other forms ofxefief from ranova). The Department of Justice will be working actively »the weeks and months ahead to develop further improvements in the process of bearings and appeals in cases conducted before the Jmnujpfntiaq judges. As with ihe reforms tbthe Board's review procedures that were implemented last year, the goal.wilt be ensure a fair procedure for the adjudication, of all ummgntion^atcd matter; while'avoiding: ppportonitiei fbc abuse or unnccegsary delays. I look forward to worlcmg with yoo to fece the challenges ahead as we continue to buj]d a more cfflwttvcandeffidcntiininJBrationiystetn. ThePepartnieflt of Justice standi ready to aaist youin any wayihuwecaa. Sincerely,
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'-JUsiJXt. UJiTHNll LhmtK 514 ••• ' ' ' • -V
Hotiortble Thaws 1 Ridge .
U.S. Pepamncnt of Homeland Security Department of Horneluid Security
Michael CSarcia . • pepartaent of Homeland Security
Steve Abbott . ' Homdand Security Adviror • White House ' . .
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