FAIR Legislative Update 03-03-2008

March 3, 2008

In this update:

• Virtual Fence Falls Short of Expectations; SBINet behind Schedule
• Senate Judiciary Subcommittee Examines Visa Waiver Program
• Immigration and Customs Enforcement Foils Large Smuggling Ring
• Recent Floor Statements

Virtual Fence Falls Short of Expectations; SBINet behind Schedule

Barely five days after Homeland Security unveiled a $20.6 million, 28-mile segment of virtual fence, the Government Accountability Office (GAO) informed the House of Representatives that the virtual fence had fallen short of expectations. Testifying before two House Homeland Security subcommittees last Wednesday, the GAO reported that Project 28, the virtual fence pilot project constructed along the Arizona-Mexico border, failed to meet the goals and strategic needs of U.S. Customs and Border Protection (CBP). As a result, CBP has announced that it will delay completion of the first phase of the Secure Border Initiative's (SBI) technological prong — SBINet — from the end of calendar year 2008 until 2011. (GAO Testimony, Secure Border Initiative: Observations on the Importance of Applying Lessons Learned to Future Projects, GAO-08-508T, February 27, 2008)

In the hearing, Deputy CBP Commissioner Jason Ahern attempted to put things in a positive light, noting that "we have not been waiting for or dependent upon the results of" the virtual fence to protect the border. But, he added, future technological efforts would involve more input from Border Patrol, less use of "out-of-the-box" technology, and the development of improved interfacing technology. Richard Stana, GAO Director of Homeland Security and Justice Issues, painted a bleaker picture to the subcommittees, stating that Border Patrol agents were "resigned" to accept the virtual fence system. "It's not what they wanted, it never will be. They're going to replace all the equipment." (Richard Stana, Testimony before the House Homeland Security Subcommittees on Management, Investigations, and Oversight and Border, Maritime and Global Counterterrorism Holds on Project 28 and SBINet, February 27, 2008)

From its inception in November 2005, the SBINet program has been beset by difficulties. SBINet is the technological aspect of the Secure Border Initiative program, a mix of technological, infrastructure and personnel projects aimed at giving CBP effective control over the southwest border. An important aspect of SBINet has been the development of a virtual fence, a technological barrier that would alert Border Patrol agents to any suspicious activity along the border. (GAO-08-508T, p.7)

In October of 2006, Homeland Security contracted with Boeing to provide a pilot virtual fence consisting of a series of nine mobile towers equipped with cameras, radar and sensors, as well as other communication systems and software. The technology was to be ready and operational by June of 2007, but the software failed to process and distribute the information generated from the sensors and towers. In addition, the tower cameras were overly sensitive to the environment and the transmission of radar data to the command centers was slow. (GAO-08-508T, p.9)

To resolve the problems, Boeing submitted a series of corrective action plans. However, when Homeland Security conditionally accepted the virtual fence on December 7, 2007, problems with "the project's video signals, radar data, and the timing of all components" still needed to be addressed. Nonetheless, the government began training Border Patrol agents on the use of the virtual fence technology, and on February 22, the government fully accepted the fence from Boeing.

According to the SBI program office and CBP officials, the virtual fence is not expected to substantially improve the ability of border agents to capture illegal border crossers. Instead, its value is expected to be in "lessons learned." The SBI program office is already planning to replace the SBINet technology purchased from Boeing for over the next three years. (GAO-08-508T, p.10-12) Still, Homeland Security has awarded Boeing with over $1.1 billion in contracts to execute the Secure Border Initiative. (GAO-08-508T, p.6)

Responding to the negative publicity from the GAO report, the Department of Homeland Security issued a press release Friday, stating: "The GAO is simply incorrect in its assertion that the delay with [the 28-mile virtual fence], which was from June to December 2007 only, delayed our deploying other tactical infrastructure along the border. In fact, we are committed to developing and deploying technology and tactical infrastructure along the border that works and that protects the interests of taxpayers."

In the National Review Online, Mark Krikorian of the Center for Immigration Studies suggested the failure of the virtual fence proved the necessity of enforcement first. "If there's a setback here, it's to the amnesty crowd." He added, "The work involved in constructing a real immigration-enforcement infrastructure (at the border as well as in the interior) points to the unworkability of the McCain-Kennedy 'comprehensive' approach of granting amnesty now in return for promises of enforcement in the future." (NRO Online, February 29, 2008).

To read the GAO's testimony on the virtual fence in its entirety, click here.

Back to top

Senate Judiciary Subcommittee Examines Visa Waiver Program

On Thursday, the Government Accountability Office (GAO) testified before the Senate Judiciary Subcommittee on Terrorism, Technology and Homeland Security about problems implementing the new visa waiver requirements Congress adopted last year. In particular, GAO testimony revealed that Homeland Security's strategy to detect visa overstayers will likely fail. (GAO Testimony, Visa Waiver Program: Limitations with Department of Homeland Security's Plan to Verify Departure of Foreign Nationals, GAO-08-458T, February 28, 2008)

The Visa Waiver Program, established in 1986, permits foreign nationals from 27 countries to enter the U.S. for up to 90 days without having to obtain a visa from a U.S. Embassy or consulate. Until recently, any country could be eligible to participate in the visa waiver program if on an annual basis less than 3 percent of nationals who applied for entry to the U.S. were denied. According to the 9/11 Commission, Mohammed Atta was able to enter the U.S. without a visa interview because he was considered a citizen of Germany, a visa waiver country, and remained in the U.S. to plan the attacks on the World Trade Center and the Pentagon. (9/11 Commission, Staff Monograph on 9/11 and Terrorist Travel, Chapter 2) Because of this weakness, some argued that Congress should have suspended the program last year when it passed H.R. 1, the Implementing of the 9/11 Commission Recommendations Act of 2007 (P.L. 110-53).

Instead, H.R. 1 made it possible for Homeland Security to expand the visa waiver program to admit citizens of countries that have refusal rates between 3 and 10 percent. However, before the government may consider whether a country is eligible for the visa waiver program under these new, relaxed standards, Homeland Security must:

1. Certify that an electronic travel authorization system is fully in place that would require foreign nationals to provide the U.S. with biographic information before boarding a flight to the U.S.;
2. Implement a biometric exit system at U.S. airports utilizing fingerprints and other biometric identifiers to verify the departure of foreign nationals from the U.S.; and
3. Put in place a biographic air exit system capable of confirming the departure of that no less than 97 percent of foreign nationals who depart from U.S. airports.

At this point, Homeland Security has only announced steps to implement a biographic air exit system. However, according to the GAO, Homeland Security's methodology to implement the air exit system is unlikely to be fruitful. This is because the Department plans to use the airline departure data of foreign nationals who leave the U.S. and then compare it to their arrival data. This will indicate whether those who leave the U.S. have stayed in accordance with their visa, but it will not pick up foreign nationals who never depart and remain the U.S. beyond the expiration date of their visas. (GAO Testimony, Visa Waiver Program: Limitations with Department of Homeland Security's Plan to Verify Departure of Foreign Nationals, GAO-08-458T at 4, February 28, 2008)

In prepared testimony before the Subcommittee, Susan Ginsburg of the Migration Policy Institute stated that the failure of Homeland Security to put a legitimate air exit system in place was problematic from both immigration and security perspectives. "With Congress having pushed for an exit system for over 20 years, the time has come to take this mission seriously for immigration compliance, crime control, and counterterrorism prevention." Without such a system in place, she said, people will lack the "confidence in enforcement systems" essential to support any future efforts by the government to fix the immigration problem. (Statement of Susan Ginsburg to the Subcommittee on Terrorism, Technology, and Homeland Security, Committee on the Judiciary, U.S. Senate, February 28, 2008)

To read the GAO's testimony in its entirety, click here.

Back to top

Immigration and Customs Enforcement Foils Large Smuggling Ring

On Thursday, Immigration and Customs Enforcement (ICE) officials announced that they had broken up a large Guatemalan smuggling ring operating in the Los Angeles area. According to ICE, the "Francisco" ring brought in Central Americans who had been smuggled across the border from Mexico into Phoenix, charging them between $1200 and $3700 for transport to a Los Angeles safe house and then to other U.S. cities. Thirteen people face charges of violating immigration laws, including two of the operation's ringleaders. Another seven smugglers remain free, including a third ringleader of the operation. (Los Angeles Times, February 29, 2008; Washington Post, February 29, 2008)

The break-up of the smuggling ring is the culmination of a three-year investigation by ICE. In 2005, ICE agents discovered two drop houses in Los Angeles, with more than 140 illegal aliens inside. Upon further investigation, ICE agents discovered that the Francisco ring used a 99-cent store as a staging ground for their activities and held people in homes in Los Angeles and Lancaster before transporting them elsewhere. Over 800 illegal aliens were detained in the course of the investigation, and ICE agents report that the smuggling ring trafficked in over 5,000 illegal immigrants annually, with a profit of $6 to $18 million.

Back to top

Recent Floor Statements

• Rep. Sam Johnson (R-TX) commented on the Introduction Of The "New Employee Verification Act" (February 28, 2008)
• Rep. Ted Poe (R-TX) commented on Deputy Craig Miller--Another Casualty Of A Weak U.S. Immigration Policy (February 26, 2008)
• Rep. Walter Jones (R-NC) commented on Agents Ramos And Compean (February 25, 2008)

Back to top

To receive more information from FAIR, http://www.fairus.org/site/R?i=f9li6i.... http://www.fairus.org/site/R?i=7l77Zx.... http://www.fairus.org/site/R?i=yqTc_F... class="yshortcuts">click here.