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 QUESTIONS FOR MIKE GARCIA
March 2, 2004
ICE Assistant Secretary, DHS

FYI: Briefings and interviews received from:

• We are talking to you today primarily to understand the current state of affairs in the immigration
context at DHS as we look towards recommendations for the future.
• Mike Doherty in July on ICE organization and structure, plus numerous other briefings on
immigration and interviews with legacy INS employees.
• Admiral Loy
• Asa Hutchinson
• Stewart Verdery
• Robert Bonner
• Aguirre next week

Stats requested.
• Updated info on personnel and organization, including numbers detailed to JTTFs, TTIC, TSC,
IAIP, NTC, CIA etc.
• FTTTF TIPOFF entries. How many found? How adjudicated? Stats please.
• Numbers of agents detailed to JTTFs.
• NSEERS compliance. Numbers of persons estimated out of compliance and numbers ICE have
investigated, and the results of the investigations.
• Absconder compliance
• SEVIS compliance.
• Stats on enforcement boost provided by trained state/locals on immigration law.
• MOUS on information sharing with any other entity, and with CIS on fraud investigations, CBP,
BTS on Office of Visa Enforcement; FBI immigration authority.
• A-files we requested in document requests last October.

Background at INS and ICE.

• You were the acting Commissioner of INS during the transition to DHS. How did you come by
your job at INS ?
• What were you told your job would entail ?
• What did your job entail?

Mission of ICE.
• Please provide your mission statement, and changes it has undergone, since DHS inception.
• Do you feel the immigration folks are being treated as an equal partner in the war on terror?
• How are you working with the FBI, who now has the authority to pick up immigration violators
during the course of an antiterrorism investigation under an AG directive of last February? Is
there an MOU on this?

ICE role in threat assessments, such as the cancellation of flights over Xmas.
We understand that ultimately, the decisions on incoming threats are made at the cabinet level. However,
we understand also that ICE plays a role in these threat assessments, especially when it comes to the name-
checking. Please explain ICE's role relative to NTC, TSC, IAIP, BTS, and TTIC.

DHS organization.
• Please tell us what work you are doing with CIS.
• Please tell us what work you are doing with CBP.
• Please tell us how the chain of command works for ICE on pursuing issues of interest, with the
layers of BTS, the Secretary, the Homeland Security Council, Domestic Policy Council and OMB
all having oversight over ICE issues?
 • Who else does ICE work with on a regular basis?
• Can you shed any light on how was the determination made to break INS enforcement in two, into
CBP and ICE, as that split was not required by the Homeland Security Act?
• Do you think that was the correct organizational structure to pursue?
• What are your biggest challenges with the current structure of DHS?

Intelligence and statistics.

• Currently, from whom do you receive intel? How often? On what topics?
• Do you receive general threat information as well as information specific to the ICE mission? For
example, is your intelligence unit set up to acquire information that, for example, that a sleeper
cell of alien terrorists are currently operating out of Toledo, Ohio, even if the FBI is primarily
responsible for follow-up?
• Do your agents in the field receive Real Time Intelligence? Is the National Targeting Center
providing information to ICE on hits at POEs? Are you keeping track on how often ICE is
supporting inspectors at POEs on CT hits?
• Is ICE currently pursuing the use of immigration law to remove an alien where there is
intelligence or FISA evidence of terrorist involvement? Are you keeping stats on these cases?
• Do you have stats on detention times and removals of aliens with terrorist involvement?

Aliens in TIPOFF the FBI believes are here in the U.S.

• We understand that the FTTTF did a lookback on the TIPOFF list to determine if any TIPOFF
listed aliens were in the U.S. Apparently they came up with 200-450 aliens in TIPOFF that
information existed that these individuals had made it into the U.S.
• Has ICE searched to see if A-files exist on any of these individuals?
• We have a DOS document that states that Doherty objected to following up on these individuals,
due to a lack of human resources? Did ICE ever help FBI follow-up and assign agents to this
effort? If yes, how many? What were the results?

SEVIS and school compliance.

• Understand that CIS has turned over to ICE all of SEVIS, including the school certifications and
all the compliance administrative work as well. Is this true?
• If yes, is responsibility for maintaining the SEVIS system and doing the school certifications and
student compliance a drain on an agency with limited personnel to do true enforcement?
• We understand that SEVIS is not being called up on primary inspections to verify I-20s; only to
input arrival date, so the problem of fraudulent I-20s is not being addressed at POEs. This makes
the school certification process all the more important, especially in the area of language and
vocational schools. Fraud in these schools, as you know, is rampant. Take for example the post
9/11 G-392 INS Intel Report on "Non-existent M-l Flight Schools in Texas involved in Change to
Nonimmigrant Status". The report concludes that 28 of 32 flight schools in Texas were
fraudulent, simply did not exist. The report provided a breakdown of the schools and the numbers
of applicants by nationality. In addition, the DOJ Inspector General concluded that the flight
school Atta and al Shehhi attended, Huffmann Aviation, should not have been certified to accept
foreign students. The contractor work in this area has been heavily criticized. So, how are you
ramping up to do school certification work?
• We understand that right now ICE is not able to do the follow-ups on student compliance, referrals
on students who are violating their terms of stay. We'd like the numbers on referrals and ICE's
follow-up. If it is a matter of resources, we need to know. If it is a matter of legacy Customs
refusing to get on board, we need to know that too.

Document and benefits fraud adjudications.

• When reviewing legacy INS numbers on fraud investigations conducted by interior enforcement,
the case load has traditionally been a low level priority, with numbers of about 5% of the
investigations workload. What priority does it have for ICE?
• CIS was doing a pattern analysis on benefits fraud for certain types of applications, like religious
worker. ICE was doing the actual investigative work, but Doherty had concerns, apparently, that
 the some agents' work wasn't up to snuff, and did a stop work on the project. This project was
going to be the first real statistical survey on benefits fraud, and would help CIS and ICE come to
an accord on prioritizing their caseload. Will ICE start-up again this project?
What is the ICE position on the role of CIS in benefits fraud compliance, and ICE's role?

Alien smuggling and its nexus to terrorists.

• Show example of Border Patrol alert. Perfect example of how Customs (drugs) and INS (alien
smuggling) could combine their talents to do some good work. How are you operationally
organized to go after the alluded to alien smuggling in this alert, which here is coupled with
terrorist activity?
• Who is in charge of this? (Jim Chaparro?)
• Is this done out of ICE or out of the Human Trafficking Center? (Is this the name?)
• How many ICE resources are dedicated to this center?
• How many agents are dedicated to human smuggling with a terrorist nexus?
• What is the arrangement with the FBI and CBP about working these investigations?
• Who is your counterpart in the FBI on this subject?
• How are you organized to go after document forgers with/without a terrorist nexus in foreign
countries?
• How are you organized to go after corrupt government officials in passport offices and at the
borders with/without a terrorist nexus in foreign countries?
• How are you organized to go after corrupt CBP officials?
• Do you have authority to investigate travel agencies that are complicit in alien smuggling
with/without a terrorist nexus?
• Do you have a terrorist mobility unit in ICE that covers all of these types of crimes: alien
smuggling, travel agencies, doc forgers, corrupt officials?

Office of Visa Enforcement.

• Explain the bifurcation of duties b/w BTS and ICE in the overseas visa enforcement office.
• Who is running it out of ICE?
• Is there a deployment plan in place?
• ' What is your view of consular affairs becoming part of DHS? Where would you put this entity if
it were at DHS?

Command and Control at the border in case of national emergency.

• Is there a command and control strategy is in place for a fully integrated and seamless border and
transportation agency response in the event of another national emergency?

Technology Support.
• Do you support 287(g) delegation of immigration to state and local authorities when under the
auspices of anMOU?
• The AG wanted to enter all absconders into NCIC, but there was concern about entering non-
criminal charges into NCIC. What absconders have been entered? Has the LESC been able to
handle the increased workload from the increased work derived from state/locals needing alienage
and deportability information from the LESC?
• What are your technology priorities?
• Where are there issues that remain in interoperability with immigration related information?

International cooperation.
• Describe your relationship with the Canadians.
• Describe your relationship with the Mexicans.
 • What other countries provide good models for screening we should be looking at.

Recommendations.
• If you were on the 9-11 Commissions, what would be the top three or so recommendations you
would want to see made for greater assurance of border security?
DEPARTMENT OF HOMELAND SECURITY LAUNCHES OPERATION "ICE STOR... Page 1 of 3

U.S. Immigrati
and Customs

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Enforcement

Press Release
November 10,2003

DEPARTMENT OF HOMELAND SECURITY LAUNCHES

OPERATION "ICE STORM"
ICE to Lead Landmark Crackdown on Human Smuggling

PHOENIX, AZ -Top law enforcement and government officials have joined with the
Department of Homeland Security to announce Operation ICE Storm, an unprecedented
multi-agency initiative led by the Department's Immigration and Customs Enforcement (ICE)
to combat human smuggling and the violence it has generated in Arizona and nationwide.

At a news conference in Phoenix this morning, ICE Acting Assistant Secretary Michael J.
Garcia laid out details of the effort, which includes the formation of a task force made up of
federal, state, and local agencies. Garcia pledged that the task force will use its broad range
of authorities and resources to dismantle organized crime outfits that have turned human
smuggling into a bloody but profitable venture.

"We're dealing with ruthless individuals who view human life as nothing more than cargo for
profit. And as last week's deadly shoot-out in Arizona showed, the value of a dollar is much
more important to them than the value of human life," Acting Assistant Secretary Garcia said.
"We're making a commitment to put an end to this violence. Never have agencies on so many
levels come together and pooled their expertise to deal with this problem."

ICE, as the largest investigative arm of Homeland Security, brings to bear a broad array of
authorities and resources that make it uniquely qualified to lead the fight against human
smuggling. ICE agents will combine immigration, smuggling, and financial investigative
powers to attack the criminal rings from a variety of levels. ICE's financial investigations
expertise, for example, will allow the task force to follow the money trial in ways not previously
possible

Garcia also noted that members of the community will play an important role in providing
information about human smuggling suspects featured on a newly established ICE Storm
"Most Wanted" list using a toll-free public tip line.

Court statistics show that, from January through October, Phoenix experienced 216

http://www.ice.gov/graphics/news/newsrel/articles/icestormlll003.htm 12/5/2003
9/11'Personal Privacy Page 1 of2

Janice Kephart-Roberts

From: j
Sent: Monday, September 15, 2003 12:24 PM
To: jkephart-roberts@9-11commission.gov
Subject: Re: Agents at ICE center charge misconduct - The Washington Times Nation-Pol...

Hi Janice:

As you requested...

By the way, I will be in Washington to attend a dinner at the Center for Immigration Studies on the evening of
Friday, September 26. If your schedule permits, I thought it might be a good idea if I could stop by and say
"Hello" while I am in town.

-Mike-

The Washington Times www.washingtontimes.com

Agents at ICE center charge misconduct

By Jerry Seper Published September 13,2003
The head of the Bureau of Immigration and Customs Enforcement yesterday said he takes "very seriously"
accusations of "gross misconduct" at a law enforcement center in Vermont and has ordered an investigation to
"get the facts." ICE Assistant Secretary Michael J. Garcia sent investigators to the Law Enforcement Support
Center in Williston, Vt., after accusations by agents at the facility. They charged in a letter last month that
"unethical and unlawful" conduct by LESC supervisors threatened both national security and public safety.
"Immigration and Customs Enforcement takes very seriously any allegation of misconduct by its employees," Mr.
Garcia said. "As we would with any such allegation, we are conducting an internal investigation to get the facts
and therefore cannot comment further at this time." Agents Steve Letares and Mathew Markiewicz charged in
the letter to Mr. Garcia that LESC mismanagement prevented agents from tracking terrorists, illegal aliens and
drug smugglers. They said mismanagement and incompetence put the center "at risk of imploding," and asked
Mr. Garcia to put an end to an "unhealthy and dysfunctional working environment." LESC provides critical
information 24 hours a day, seven days a week to state and local police on the immigration status of aliens
suspected of crimes or under arrest. Its data bank contains information on lawful permanent residents, naturalized
citizens, immigration violators and others in whom there is a "special interest." The Vermont center previously
was a part of the now-defunct Immigration and Naturalization Service (INS). It now is controlled by ICE, a new
bureau under the Department of Homeland Security. "It is important to highlight the new and expanding role of
ICE's Law Enforcement Support Center as a critical operational component of ICE and the Department of
Homeland Security," Mr. Garcia said. "LESC is the linchpin of our efforts to coordinate investigative actions with
state and local law enforcement agencies, particularly in the realm of criminal, fugitive and illegal alien
investigations. "More important, though, is the fact that we are examining how we will further enhance the role
of LESC as a primary means of coordination between the Department of Homeland Security and local law
enforcement organizations," he said. "This kind of coordination is crucial to the mission of ICE and DHS, and we
anticipate greater operational roles for the facility." Building on that foundation, Mr. Garcia said LESC is taking
on "even greater responsibilities," including its expanding role as a critical participant in Operation Predator, a
nationwide ICE initiative designed to protect children from sexual predators and others involved in the exploitation
of children. Agent Letares yesterday said LESC agents believe there is "no other viable alternative but to be
placed back into the field," adding that INS officials who previously oversaw the program "jeopardized national
security by having 20 trained and able agents relegated to be desk jockeys." He commended Mr. Garcia's efforts
to get the facts and welcomed the investigation. Mr. Garcia, who recently visited the LESC facility, said the
importance of the center was reflected by a growing demand for its services, saying it fielded 430,000 inquiries
from law enforcement last year but had responded to 480,000 inquiries through the first three quarters of this
year. He said the center will handle 650,000 inquiries this year - nearly triple the total of 2001.

9/15/2003
Janice Kephart-Roberts
From: Cadman, Dan [Dan.Cadman@dhs.gov]
Sent: Thursday, March 18, 2004 12:38 PM
To: Janice Kephart-Roberts; Susan Ginsburg; Walter Hempel
Subject: Homeland Security bureau studies lessons of Spain

I found this article interesting. Although of my own volition I've been sending daily
updates to ICE HQ through RIT (Rome), they have yet to ask a single question of me. Who
are they "waiting to receive initial results" from?

Daily Briefing
March 17, 2004

Homeland Security bureau studies lessons of Spain

bombings
By Chris Strohm
cstrohm@govexec.com

In the wake of deadly bombings in Spain last week, the Immigration and
Customs Enforcement bureau is examining ways to beef up security, such
as combing through databases for suspicious immigration patterns,
protecting federal infrastructure or mobilizing explosives detection units,
the agency's director said Wednesday.
Assistant Secretary Michael Garcia said ICE is waiting to receive initial
results of the investigation into train bombs that killed 201 people last
week in Madrid to determine how the bureau can help increase U.S.
security efforts.

"We're going to have to look at what happened; look at what the

vulnerabilities were, what the planning was, get the details on it and then
look at that model and bring it back and go forward," Garcia said. "Right
now, we're looking at rail security as [a border and transportation
security] issue. Can we be of any help given our expertise in explosives
detection?"

Garcia noted that ICE includes the Federal Protective Service, which
guards about 8,800 federal facilities and uses canine explosives detection
teams.

ICE is able to comb through databases to determine suspicious travel

patterns in the United States, especially people who might have criminal
records or be in violation of immigration laws.
"We can use our compliant enforcement systems very proactively to
determine what the risk is, and [see if there is] information in our system
that we can start to put together a picture emerging of a threat," Garcia
said. "We've done that in the past and as we get information, we'll see if
we can do that here."
He added: "You can take information, you can feed it into an ongoing
investigation and look at geography, nationality, travel patterns and those
types of things that we couldn't do in the past."

The federal commission investigating the Sept. 11 terrorist attacks

concluded in a January report that immigration and law enforcement
agencies failed to share information and prevent some of the attackers
from illegally entering and remaining in the country.

According to Garcia, immigration and law enforcement tactics have

improved, especially in the areas of border security, sharing database
 Statement of
Michael J. Garcia
Assistant Secretary
U.S. Immigration and Customs Enforcement
Department of Homeland Security

Before the
House Appropriations Committee
Subcommittee on Homeland Security

FY 2005 Budget Request for the

U.S. Immigration and Customs Enforcement

Wednesday, March 17, 2004

10:00 am, Room 2358, Rayburn House Office Building

Page I of 14
 U.S. Immigration
and Customs
^AfnTs^ Enforcement

STATEMENT

OF

MICHAEL DOUGHERTY

DIRECTOR OF OPERATIONS

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

DEPARTMENT OF HOMELAND SECURITY

BEFORE THE

HOUSE COMMITTEE ON JUDICIARY

SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY AND CLAIMS

FEBRUARY 25, 2004

Good morning, Mr. Chairman, Congresswoman Jackson Lee, and distinguished Members

of the Subcommittee. It is a privilege to appear before your committee today to discuss the

President's Budget Request for Fiscal Year (FY) 2005 for US Immigration and Customs

Enforcement.

In March of 2003, when the Department was created, a new federal investigative agency

was also formed: U.S. Immigration and Customs Enforcement - or ICE, as it is better known.

As the largest investigative arm of Homeland Security, ICE' s primary mission is to detect
 DEPARTMENT OF HOMELAND SECURITY
IMMIGRATION AND CUSTOMS ENFORCEMENT
OFFICE OF DETENTION AND REMOVAL

MOST WANTED
Fugitive Criminal Aliens
THESE INDIVIDUALS ARE WANTED FOR ADMINISTRATIVE ORDERS OF REMOVAL FROM THE UNITED STATES

a
Last Name:
First Name:
DOB:/POB:
SEVILLA
Ignacio Botello
08/29/1969, Mexico
CHEN
Hong
08/01/1957, China
SINGH
Rajbir
03/15/1968, India
«k
AHMEDOFF
Recep
07/04/1955, Bulgaria
INSWOOD
Calvin Anthony
04/02/1962, Jamaica
A70 963 848
Alien #: A91 462 163 A70 423 017 A20 395 432 A35 780 227
Lewd Acts upon a Child Sexual Contact with a Child
Prior Convictions: Criminal Sexual Assault Manslaughter, Criminal Assault; Weapon Offenses,
Under 18 Trespassing & Disorderly Conduct
(On a Child) Possession of a Weapon

CAMACHO-Perez
Last Name: AMOS-Nwankwo VEGA-Rodriguez OSUNA-FLORES CORREIA DA ROSA Zacarias
First Name: Amamchi Jose Antonio German Pedro Leonel 07/31/1946, Mexico
DOB:/POB: 09/28/1978, Nigeria 03/06/1971, Mexico 08/09/1964, Mexico 06/29/1960, Portugal A36419886
Alien #: A46119319 A90 949 079 A92175821 A36 368 849 Lewd Acts Upon a Child, Perjury,
Prior Convictions: Sexual assault on a Child Indeceny with a Child Annoy/Molest Children, 3 Rape; Indecent Assault & Failure to Register as a Sex
Convictions - Vandalism Battery on a Child under 14 Offender

IF YOU HAVE ANY INFORMATION ON THE WHEREABOUTS OF THE ABOVE FUGITIVE CRIMINAL ALIENS, PLEASE CONTACT THE BUREAU OF IMMIGRATION AND CUSTOM ENFORCEMENT AT
(800) BE ALERT (800) 232-5378 For more information on each case click on the fugitive's Alien #

Updated: 12/17/2003
 DEPARTMENT OF HOMELAND SECURITY
IMMIGRATION AND CUSTOMS ENFORCEMENT
HUMAN SMUGGLING

MOST WANTED HUMAN SMUGGLERS

ICE Storm

A V I L A - V A I l)i:/
Javier
09/27/1979, Mexico
A78 262 060
In August 1999 in Phoenix, a shoot out
between kidnappers and smugglers left
three persons dead, including a 15-year
old boy. AVILA is the last kidnapper
sought in conncection with the case.
Following a trial that consumed almost
three months, AVILA's five co-
defendants were convicted in March
2001. Each defendant was sentenced to
16 life terms plus 235 years.
MANILLA-CABRERA
Evodio
04/25/1972, Honey, Puebla, Mexico
A75 204 521
Evodio MANILLA-Cabrera is wanted
by U.S. Immigration and Customs
Enforcement (ICE) for the May 2001
smuggling attempt that resulted in the
death of 14 illegal aliens south of
Welton, Arizona. MANILLA was
indicted by a Federal Grand Jury and is
believed to be in Ciudad Acuna,
Mexico.
V
t
CERCAS-MANILLA
MONTIEL-CERCAS FUENTES-VILLAREAL
Daniel
Luis Cristobal
01/06/1973, Honey,Puebla,Mexico
01/20/1978, Honey,Puebla,Mexico 03/05/1970, Mexico
A76 744 037
A76 880 799 N/A
Daniel CERCAS-Manilla is wanted for
Luis MONTIEL-Cercas is wanted for Cristobal FUENTES-Villareal is
questioning by U.S. Immigration and
questioning by U.S. Immigration and warranted by U.S. Immigration and
Customs Enforcement (ICE) in
Customs Enforcement (ICE) in Customs Enforcement (ICE) in
connection with the May 2001
connection with the May 2001 connection with an alien smuggling
smuggling attempt that resulted in the
smuggling attempt that resulted in the organization that in 2000 and 2001
death of 14 illegal aliens south of
death of 14 illegal aliens south of utilized semi-tractor trailers to smuggle
Welton, Arizona.
Welton, Arizona. illegal aliens from the southwest border
to Phoenix, Arizona.
CERCAS is believed to be currently in
Ciudad Acuna, Mexico.

IF YOU HAVE ANY INFORMATION ON THE WHEREABOUTS OF THE ABOVE FUGITIVE CRIMINAL ALIENS, PLEASE CONTACT THE U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
(ICE) AT 1-866-DHS2ICE. For more information on each case click on the fugitive's name.