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During the Attorney General's April 13, 2004, testimony before the
National Commission on Terrorist Attacks Upon the United States,
Commissioner Kerrey asked that the Department of Justice provide the
Commission with documentation of the benefits of the detentions of illegal
aliens encountered during the course of the Department's investigation into
the terrorist attacks of September 11, 2001. We are pleased to share this
information with the Commission and hope that it will aid the Commission in
completing its important work.
Because of the decision to detain these individuals, the FBI was able to
conduct complete investigations, to figure out who was involved in the
attacks and who might have key information, without having to worry about
the subjects of the investigation disappearing or committing further
terrorist acts. Indeed, it would have been irresponsible for the Department
to release an illegal alien whom the FBI indicated it wanted to investigate
further in connection with the September 11 attacks. It is important to
keep in mind that there is a clear track record of illegal aliens who are
released on bond pending removal proceedings absconding. For example, a
February 2003 Department of Justice Inspector General report found that
while 94% of detained aliens are deported, only 13% of released aliens are
deported once their immigration proceedings are concluded, and that high-
risk aliens are particularly likely to abscond. It is also important to
understand that, at the time of these detentions, we had limited information
about many of these aliens; some possessed identity documents for multiple
identities while others had failed polygraphs when questioned as to their
knowledge of the hijackers or their involvement in the September 11 attacks.
All of the aliens detained were charged with being subject to removal
from the United States for committing immigration violations, and some were
also charged with criminal violations. Examples of those detained for
immigration violations included: