The Security Clearance Fiasco

1
The Security Clearance Fiasco
USCIS
FBI
CITIZENSHIP!

• Unraveling The Maze

2
Why Security Clearance?

• Since 2003, USCIS mandated every applicant for an
  immigration benefit undergo national security and
  background checks. These checks are meant to
  detect applicants who are security risks, deter
  benefits fraud, and ensure only eligible
  applicants receive benefits

3
The Four Clearances

• IBIS Interagency Border Inspection System
• IAFIS Integrated Automated Fingerprint
  Identification System

• IDENT Automated Biometric Identification System
• FBI National Name Check Program

4
IBIS

• The Interagency Border Inspection System is a
  database of lookouts, warrants, wants, arrests,
  and convictions
• Name-based clearance
• Data collected from over 20 agencies
• Complete IBIS check includes a concurrent check
  of FBI files from the National Criminal
  Information Center
• Average of 3.7 names checked/application

5
IAFIS

• The Integrated Automated Fingerprint
  Identification System is run by the FBI
• IAFIS matches criminal history records from
  federal, state, and military apprehensions
• USCIS collects the fingerprints and submits to
  FBI for clearance

6
IDENT

• The Automated Biometric Identification System is
  used by asylum offices
• IDENT is an automated fingerprint ID system
• IDENT screens fingerprints against 3 databases
  previously enrolled asylum applicants, criminal
  aliens, and repeat immigration offenders

7
FBI National Name Check

• Partially automated
• Name-based
• Searches 86 million files that document those
  individuals who have ever been referenced in or
  the subject of an FBI investigation
• Names electronically submitted by USCIS

8
CIS Ombudsman Report

• Ombudsmans Office is Congressionally mandated
  to assist individuals/employers with problems
  with the USCIS
• USCIS Ombudsman is Prakash Khatri his first
  three reports focused on delays in providing
  immigration benefits and customer complaints
• According to the 2007 report FBI name checks may
  be the single biggest obstacle to the timely and
  efficient delivery of immigration benefits and
  called the status quo unacceptable

9
CIS Ombudsman Report

• Value of the FBI name checks the report agrees
  withmany case workers and supervisors at USCIS
  field offices and service centers that the FBI
  name check process has limited value
• Ironically, the delays actually end up allowing a
  potentially dangerous individual to stay in the
  US for an extended period of time

10
Closer look at FBI Name Checks

• Required for forms I-485, I-589, I-601, I-698,
  and N-400, I-881, I-600, I-817, I-914A, I-192
• As of May 2007, FBI reported backlog of 329,160
  names pending, with 64 over 90 days old and 32
  pending over a year.
• 25 of all cases received by the Ombudsman
  related to FBI name checks other checks are all
  returned within a matter of days or sometimes
  minutes

11
Closer look at FBI Name Check

• Checks are conducted on name and DOB both are
  checked with all possible variations
• A name with three parts will be checked in 12
  different ways and all phonetically similar names
  will also be checked
• ie, Imran Ahmed Khan will be checked as Imran
  Khan Ahmed, Ahmed Imran Khan, Khan Imran Ahmed,
  etc.

12
Remedies to Delays

• Expedited checks According to a Dec. 2006 USCIS
  internal memo, cases with significant and
  compelling issues can have the name check
  expedited. Expedite requests can only be for
  the following military deployment, age-out cases
  not covered by the CSPA, applicants affected by
  sunset provisions such as diversity visas,
  compelling reasons provided by the requesting
  officer such as medical conditions, and loss of
  social security benefits or other subsistence in
  the discretion of the Dist. Director

13
Remedies to Delays

• Ombudsman intervention theoretically possible,
  but discussions with the FBI have resulted in the
  FBI stating that it lacks the resources to
  perform the function in a timely manner

14
Remedies to Delays

• Going to Court Plaintiffs have two causes of
  action in suing the USCIS/FBI for name check
  delays The Administrative Procedures Act and
  the Mandamus Act
• The Mandamus Act authorizes an action to compel
  an Officer of the United States to perform his
  duty
• The Administrative Procedures Act states that
  every agency within a reasonable timeproceed to
  conclude any matter presented to it.
• Delay must be unreasonable and all administrative
  remedies must be exhausted

15
Getting the Reports

• To receive the USCIS Ombudsman Report for 2007
  and DHS OIG Review of Security Checks email
  rabiachaudryesq_at_yahoo.com