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Statement of Rep. Christopher Shays

June 18, 2003

Page 2 of 2

We were assured the problems would be fixed. We were told new procedures were being implemented to share visa revocation information quickly and effectively. We were assured the language of the visa revocation instrument would be reviewed to close the apparent loophole making the revocation effective only after the alien left the United States. We asked GAO to audit compliance with those commitments.

More than a year later, GAO reports some progress strengthening revocation processes, but finds continuing delays and disconnects plaguing the system. Information about visa revocations based on terrorism concerns can still take weeks or months to appear on watch lists used at the border. DHS may not investigate some aliens who entered or remain in the United States on a revoked visa. Discussions of a regulatory change to permit removal of an alien holding a revoked visa seem stuck in a legalistic and bureaucratic quagmire.

Border security against terrorists depends upon multiple layers of protection. One of those layers, the visa revocation process, remains partially blind and needlessly porous to incursions by individuals who might pose a grave risk to our security. We continue to look for far sharper use of the visa revocation tool to turn away, or if necessary remove, anyone intent on abusing the privilege of visiting our shores.

We know all our witnesses share that goal, and we look forward to their testimony.

Mr. SHAYS. At this time the Chair would recognize Mr. Kucinich and ask if he has a statement.

Mr. KUCINICH. Yes, thank you very much, Mr. Chairman. And thank you to the witnesses.

It's disappointing that are holding another hearing on this matter. Last June when the subcommittee held a hearing on visa revocation problems, we were told by GAO that anywhere from 100 to 200 U.S. aliens, who we suspected terrorists, could be freely entering and moving around inside our country. Yet in many instances, we could not take any actions to investigate or even locate these individuals.

How could this be the case? Once again, agencies in the U.S. intelligence community did not talk to one another or even share information about suspected terrorists with each other. There were different lists of suspected terrorists, different lists of immigrants who had their visas revoked, even different lists on which all of these people were still in the country.

The subcommittee was told that the problem would be fixed, that better communication between the State, Homeland Security and the FBI would resolve these problems. We also expected that a regulatory solution could be worked out by those agencies so that suspected terrorists could be immediately deported from the United States, even if the terms of their entry visa had not been violated. Over a year has passed now, and the GAO tell us that many problems remain with our visa revocation process. While an informal process has been established now to notify intelligence screeners of individuals on a terrorist watch list, delays and communication problems persist. By the time a border inspector or immigration investigator begins to look for a suspect, weeks may have gone by.

I understand that GAO even found instances where it took 6 months or longer for State and DHS personnel to simply match the names of terrorists or suspected terrorists with individuals whose visas had been revoked. This is simply unacceptable. I don't know if any of these individuals are terrorists or not, but what I do know is it should not take 6 months or more to locate these persons.

So I would just like to submit the rest of the record for the record.

[The prepared statement of Hon. Dennis J. Kucinich follows:]

Statement of Rep. Dennis J. Kucinich
Ranking Minority Member

House Subcommittee on National Security, Emerging
Threats, and International Relations

Hearing on "Visa Revocations II: Still Porous, Slow to Fix"

July 13, 2004

Good morning and thank you to all of the witnesses who are testifying here today.

It is disappointing to me that we are holding another hearing on this matter. Last June, this Subcommittee held a hearing on visa revocation problems. GAO told us that anywhere from 100200 U.S. aliens, who were suspected terrorists, could be freely entering and moving around inside our country. Yet, in many instances, we could not take any actions to investigate or even locate these individuals. How could this be the case? Once again, agencies comprising the U.S. intelligence community did not talk

to one another, or even share information about suspected terrorists with each other. There were different lists of suspected terrorists,

different lists of immigrants who had their visas revoked, even different lists on which of these people were still in the country.

This Subcommittee was told that the problem would be fixed, and that better communications between the State Department, Department of Homeland Security, and the FBI would resolve these problems. We also expected that a regulatory solution could be worked out by those agencies so that suspected terrorists could be immediately deported from the United States even if the terms of their entry visa had not been violated.

Over a year has passed now, and the GAO tells us that many problems. remain with our visa revocation process. While an informal process has been established now to notify intelligence screeners of individuals on a terrorist “watch list,” delays and communication problems persist. By the time a border inspector or immigration investigator begins to look for a suspect, weeks

may have gone by. I understand that GAO even found instances

where it took six months or longer for State and DHS personnel to simply match the names of terrorists with names of individuals

whose visas had been revoked. This is simply unacceptable to me.

I don't know if any of these individuals are terrorists or not, but

what I do know is that it should not take six months or more to

locate these persons and find out.

Ironically, while there seems to be no hurry by this

Administration to find these foreign nationals here on visas, this Administration and the Republican majority of this body has

stridently pushed to strengthen the Patriot Act and harass its own citizens. Apparently, suspected terrorists are of no imminent

danger to our nation's security, but the library books and emails of U.S. citizens are of concern. It seems to me that when it comes to

taking a real stand against our nation's enemies, this

Administration doesn't even know where to look.

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