Full text, http://www.dhs.gov/interweb/assetlibrary/CISOmbudsman_Annual-
Report_2006.pdf
Some types of background and security checks return results within a few
days and do not significantly prolong USCIS processing times or hinder
backlog reduction goals. However, WHILE THE OVERALL PERCENTAGE OF LONG-
PENDING CASES IS SMALL, AS OF MAY 2006, USCIS REPORTED 235,802 FBI NAME
CHECKS PENDING, WITH APPROXIMATELY 65 PERCENT (153,166) OF THOSE CASES
PENDING MORE THAN 90 DAYS AND APPROXIMATELY 35 PERCENT (82,824) PENDING
MORE THAN ONE YEAR.
The FBI provides information to USCIS as a paying customer on anyone who
is the principal subject of an investigation or is a person referenced
in a file. USCIS adjudicators and the Fraud Detection and National
Security (FDNS) unit use this information to determine if applicants are
ineligible for benefits. The name checks are not sought by the FBI as
part of ongoing investigations or from a need to learn more about an
individual because of any threat or risk perceived by the FBI. Instead,
the name checks are a fee-for-service that the FBI provides to USCIS at
its request. Moreover, the FBI does not record any additional
information about the names USCIS submits and does not routinely take
any further action. Instead, the FBI reviews its files much like a
credit reporting entity would verify and report on information to
commercial entities requesting credit validations.
In November 2005, based on earlier data, the DHS IG reported that FBI
name checks take more than a month to complete for six percent of
submissions and more than six months to complete for one percent of
submissions. The longer time is required because the FBI must conduct a
manual review of its files to verify that the applicant is actually the
subject of an FBI file. This review can include the FBI reporting on
fragments of names on people who are not necessarily central or directly
related to a case. USCIS has limited capability to produce reports
detailing the status of long-pending FBI name check cases. In addition,
USCIS systems do not automatically indicate when a delayed name check is
complete and the case can be adjudicated. Often, this leads to a
situation where the validity of other checks expire before USCIS reviews
the case. Those checks then need to be reinitiated, adding financial and
time costs for applicants and USCIS. The high volume of FBI name check
cases and the relatively limited resources devoted to background and
security checks are major problems. The FBIâ??s manual processing
exacerbates delays. USCISâ?? planned Background Check Service (BCS), a
new IT system that will track the status of background and security
checks for pending cases, needs to be implemented as soon as possible.
The Ombudsman looks forward to more information from USCIS on the BCS
implementation schedule.
CONSIDERING THE COST AND INCONVENIENCES CAUSED BY THE DELAYS, THE VALUE
OF THE FBI NAME CHECK SHOULD BE REEXAMINED. In almost every name check
case that the FBI conducts for USCIS, the foreign national is physically
present in the United States during the name check process. Thus, delays
in the name check process actually prolong an individualâ??s presence
(albeit in an interim status) in the United States while the check is
pending. In that sense, the current USCIS name check policy may increase
the risk to national security by prolonging the time a potential
criminal or terrorist remains in the country. Further, checks do not
differentiate whether the individual has been in the United States for
many years or a few days, is from and/or has traveled frequently to a
country designated as a State Sponsor of Terrorism, or is a member of
the U.S. military. Most individuals subject to lengthy name checks are
either already green card holders or have been issued EADs allowing them
to receive Social Security cards and state driversâ?? licenses.
Additionally, most green card applicants are also eligible to receive
advance parole to enable them to travel outside the United States and
return as long as their cases are pending, which can be for years under
the current process.
USCIS requires that the FBI name check be completed before issuing a
green card. However, in removal proceedings before an Immigration Judge,
the judge will require confirmation of all background and security
checks by DHS before the judge can grant any relief (for example,
ordering USCIS to issue a green card). Immigration and Customs
Enforcement (ICE â?? another DHS agency) attorneys indicate to the judge
that all background and security checks have been initiated. The judge
proceeds with issuing an order which grants green card status to the
individual. Based on this order, USCIS, as the producer of the actual
card, must issue the green card despite the outstanding FBI name check.
These two policies need to be harmonized.
On March 16, 2005, Secretary Chertoff outlined a risk-based approach to
homeland security threats, vulnerabilities, and consequences: Risk
management must guide our decision-making as we examine how we can best
organize to prevent, respond, and recover from an attack . . . . Our
strategy is, in essence, to manage risk in terms of these three
variables â?? threat, vulnerability, consequence. We seek to prioritize
according to these variables, to fashion a series of preventive and
protective steps that increase security at multiple levels. In addition,
the IG recommended that USCIS establish a comprehensive, risk-based plan
for the selection and completion of security checks. Despite Secretary
Chertoffâ??s statement and the IGâ??s recommendation, USCIS recently
stated that â??[r]esolving pending cases is timeconsuming and labor-
intensive; some cases legitimately take months or even several years to
resolve.â? Unfortunately, THE PROCESS IS NOT WORKING AND CONSIDERATION
SHOULD BE GIVEN TO REENGINEERING IT TO INCLUDE A RISK-BASED APPROACH TO
IMMIGRATION SCREENING AND NATIONAL SECURITY.
__________________
Posted via http://britishexpats.com