T5 B59 DOS Docs - NIV 5 of 5 FDR - Letters - Memos - 14 Withdrawal Notices 188

WITHDRAWAL NOTICE
RG: 148 Exposition, Anniversary, and Memorial Commissions

SERIES: 9/11 Commission, Team 5
NND PROJECT NUMBER: 51630 FOIA CASE NUMBER: 30768
WITHDRAWAL DATE: 09/24/2008
BOX: 00025 FOLDER: 0003 TAB: 47 DOC ID: 31198833
COPIES: 1 PAGES: 6
The item identified below has been withdrawn from this file:
FOLDER TITLE: DOS Documents - NIV [5 of 5]
DOCUMENT DATE: DOCUMENT TYPE: Memorandum
FROM:
TO:
SUBJECT: Memorandums of Understanding re. Implementation of the TIPOFF System.

Customs, INS, DOS, BIR
This document has been withdrawn for the following reason(s):

9/11 Closed by Statute
9/11 Law Enforcement Sensitive
WITHDRAWAL NOTICE
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COPIES: 1 PAGES: 11
DOCUMENT DATE: 05/23/1997 DOCUMENT TYPE: Memorandum
FROM:
TO:
SUBJECT: Concept of Operations, US-Canada Terrorist Watch List Program

WITHDRAWAL NOTICE
WITHDRAWAL NOTICE

COPIES: 1 PAGES: 4
FROM: Community Counterterrorism Board
TO:
SUBJECT: Memorandum of Agreement - Participation with DOS, in Providing TIPOFF Progn

Info, to the Canadian Govt.

WITHDRAWAL NOTICE
WITHDRAWAL NOTICE

COPIES: 1 PAGES:
ACCESS RESTRICTED j
FROM:
TO:
SUBJECT: Memorandum of Understanding, Implementation and Use of the TIPOF Systems of

Records at Ports of Entry

WITHDRAWAL NOTICE
United States Department of State
Washington, D.C. 20520
NOV I 2 1999
Dear Mr. Chairman:
This is in response to your letter of August 26 in which

you posed a number of questions regarding the involvement of
Panamanian officials in alien smuggling. Attached please
find responses to these questions. We hope this information
is useful to you.
The Department is now reviewing your request for

documents pertaining to this matter. We will b£ in further
contact with you on this in the near future.
Please do not hesitate to contact us if we can be of

assistance to you on this or any other matter.
Sincerely,
Barbara Larkin
Assistant Secretary
Legislative Affairs
Enclosure:
As stated.
The Honorable
Jesse
Committee on Foreign Relations,
!,-___-- q&rdMU34£IMs[ ^Hi-ate. '
~ i list
1. Has the U.S. Embassy in Panama proposed the revocation
of the U.S. visa of other persons involved in this
scandal? If so, please explain why only Ms. Smith's
visa has been revoked to date.
The United States Embassy in Panama has proposed the

revocation of additional visas. In this matter, all the
specific cases are now being reviewed. As a general policy,
visas are revoked on a case-by-case basis, provided the alien
has a U.S. visa to revoke and that no waiver of ineligibility
has been obtained to protect U.S. law enforcement interests.
This process is being coordinated with the on-going
Department of Justice inquiry into allegations regarding
alien smuggling in Panama. Because this matter is the
subject of an on-going law enforcement investigation, and
possible criminal prosecution, the Department of Justice has
requested that the Department of State not comment further at
this time.
2. When was the Embassy or the Department informed by

either the Department of Justice or the Federal Bureau
of Investigation of any pending inquiry into this
matter? When were such inquiries reportedly initiated
and what is their current status?
In the second week of June 1999, the Department of State

informed the Department of Justice of the existence of
information suggesting possible criminal activity involving
alien smuggling. The Department of Justice then began an
evaluation of the available information and investigative
bodies within the Justice Department, including the
Immigration and Naturalization Service, initiated a
preliminary investigation. Our Ambassador in Panama was
informed of the status of the investigation orally at various
times by members of the investigative bodies of the Justice
Department and in writing on August 17, 1999. The Department
of State was notified by letter dated August 31, 1999, that
Justice Department attorneys would be working with the
investigative bodies on the pending inquiry.
3. Has the U.S. government asked Panamanian authorities to

provide a list of all Communist Chinese nationals to
whom Panamanian visas have been issued in recent years
so that U.S. authorities can determine the breadth of
jthis alien smuggling operation? Has such a list been
The U.S. government has asked for the cooperation of both the
previous and the new Governments of Panama on this issue.
Because this matter is the subject of an on-going law
enforcement investigation, and possible criminal prosecution,
the Department of Justice has requested that the -Department
of State not comment further at this matter.
4. Have U.S. counterintelligence agencies been instructed

to initiate an inquiry to determine if this alien
smuggling ring might be part of a Communist Chinese
espionage plot? What are the results of any such
inquiry to date?
U.S. counterintelligence agencies are charged with monitoring

any information that might suggest potential espionage or
organized crime activity affecting the interests, of the
United States. As the Department generally does* not, as a
practice, comment on specific counterintelligence inquiries
which are the purview of such agencies, we suggest that you
direct your inquiry to the appropriate agency.
5. Has the Department urged U.S. law enforcement officials

overseas to treat investigations of alien smuggling as a
greater priority?
Yes. We have stressed to all U.S. law enforcement agencies

that investigations into alien smuggling must be a priority,
and we believe such investigations are being so treated by
U.S. law enforcement agencies. Additionally, the Department
of State's Bureau of International Narcotics and Law
Enforcement Affairs, with the cooperation of other State
bureaus, has been working with countries worldwide to
counteract alien smuggling by seeking enactment of anti-
smuggling legislation, conducting training and joint
operations, and cooperating on other programs.
Drafted: WHA/CEN/PAN:KMHamann
Searcen/Searapan/Helms3.doc x73518
Cleared: CA/VO:KAiston (ok)

DOJ:TMcHenry (ok)
ROAL:DTerry (ok)
WHA/CEN/PAN:CWWebster (ok)
WHA/CEN/PAN:JFKeane (info
WHA:RSWood (ok)
EAP:BWeber (ok) <•
H:MTrejo (ok)
H:WMiele (ok)
INL/ENT:WMcKenna (ok)
L/CA:EBO'Connor (ok)
L/LEI:MHCarlson (ok)
INR/IAA:RNCarhart (ok)
The Honorable Madeleine Albright
August 24, 1999
Page 2 -
recent years so that U.S. authorities can determine the breadth of this alien
smuggling operation? Has such a list been provided?
4. Have U.S. counterintelligence agencies been instructed to initiate an inquiry to

determine if this alien smuggling ring might be part of Chinese organized crime
activities or of a Communist Chinese espionage plot? What are the results of any
such inquiry to date?
5. Has the Department urged U.S. law enforcement officials overseas to treat
investigations of alien smuggling as a greater priority?
Thank you very much for your cooperation in this matter. I look forward to
hearing from you.
Sincerely,
JESSE HELMS
cc: The Honorable Janet Reno, Attorney General

CONGRESSIONAL CORRESPONDENCE
CLEARANCE
9900-4469
Initial for clearance or return for edits with remarks. Do Not mark on original
document. Pass on in numerical order with final stop in H/CCU. PLEASE,
DO NOT return to drafting office without sending to or notifying CCU
first.
Name: Helms Date: 10/07/1999 4:53 PM
Subject: Panamaniam officials and alien smuggling
2: Trejo
3: Guest
4:BL
5: CCU
6:
COMMENTS:
WITHDRAWAL NOTICE

COPIES: 1 PAGES: 2
ACCESS RESTRICTED i
DOCUMENT DATE: DOCUMENT TYPE: List
FROM:
TO:
SUBJECT: Terrorist Designation List

WITHDRAWAL NOTICE
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COPIES: 1 PAGES:
_ACCESS RESTRICTED
DOCUMENT DATE: DOCUMENT TYPE: Draft
FROM:
TO:
SUBJECT: IPASS - The Interagency Panel on Advanced Science and Security

WITHDRAWAL NOTICE
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COPIES: 1 PAGES: 1
DOCUMENT DATE: DOCUMENT TYPE: Index
FROM:
TO:
SUBJECT: Index of Docs, to the Commission, Case No. S200300007, Segment QIC 002

9/11 Classified Information
WITHDRAWAL NOTICE
WITHDRAWAL NOTICE

COPIES: 1 PAGES: 2
i ACCESS RESTRICTED
DOCUMENT DATE: 08/04/2000 DOCUMENT TYPE: Letter
FROM: Bureau of intelligence & Research
TO: Chief, Counterterrorism Center
SUBJECT: TIPOFF

WITHDRAWAL NOTICE
WITHDRAWAL NOTICE

COPIES: 1 PAGES: 6
ACCESS RESTRICTED
FROM:
TO:
SUBJECT: Concept of Operations, US-Autstralian Terrorist Watch List Program

WITHDRAWAL NOTICE
WITHDRAWAL NOTICE

COPIES: 1 PAGES: 4
. RESTRICTEE)|_|
FROM:
TO:
SUBJECT: TIPOFF-Crime, Memorandum of Understanding, DOS FBI, CIA, NSA

WITHDRAWAL NOTICE
WITHDRAWAL NOTICE

COPIES: 1 PAGES: 1
_ACCESS RESTRICTED
DOCUMENT DATE: DOCUMENT TYPE: Index
FROM:
TO:
SUBJECT: Index of Docs, to the Commission, Case No. S200300007, Segment H004

WITHDRAWAL NOTICE
OIG002
SEGMENT
QUESTION
#11
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COPIES: 1 PAGES: 48
ACCESS RESTRICTED
DOCUMENT DATE: 01/16/1992 DOCUMENT TYPE: Report
FROM:
TO:
SUBJECT: Charter for the Interagency Border Inspection System (IBIS)

WITHDRAWAL NOTICE
WITHDRAWAL NOTICE

COPIES: 1 PAGES: 16
_AOCESS RESTRICTED
DOCUMENT DATE: 10/18/2001 DOCUMENT TYPE: Cable
FROM:
TO:
SUBJECT: Fighting Terrorism, Visas VIPER Prodedures.

WITHDRAWAL NOTICE
NCIC generally
* The total number of aliens currently entered into NCIC

LIMITED OFFICIAL USE / LAW ENFORCEMENT SENSITIVE
National Crime Information Center (NCIC) database
1) What is the total number of aliens currently entered into NCIC?
As of May 1, 2004, the ICE Law Enforcement Support Center (LESC) reports that the
total number of alien absconders in NCIC is currently 28,876.
LIMITED OFFICIAL USE / LAW ENFORCEMENT SENSITIVE

17=38 Of r ICE Ul- IMMIU ,I1UN LI I .6 .01
'O
OFFICE OF IMMIGRATION
LITIGATION
CIVIL DIVISION
U.S. DEPARTMENT OF JUSTICE
WASHINGTON, D.C.
1331 PENNSYLVANIA AVENUE, N.W.
SUITE 700 NORTH
WASHINGTON, D.C. 20004
MAIL: P.O. BOX 878, BEN FRANKLIN STATION
WASHrNGTON, D.C. 20044
FROM: CHRISTOPHER C. FULLER TEL: (202)616-9308

Senior Litigation Counsel FAX; (202) 616-4949 or secure: (202) 616-4952
TO
SUBJECT
MESSAGE:
uoui
\S (INCLUDING THIS COVER SHEET
PW VILECED. CONFIDENTIAL AND EXEMTT RtOM DISCLOSURE UNCEH ATMJOJJLE LAW. IF THE HEADER Of Tl IIS COVIMUMCATIQK IS NOT Tl IE INTENDED
R£CIMEMT OK THE EMPLO YGC Oft AGEMT HESrOKSlflU FO» 06U VEWlW ThE MESSAGE TO THE INTENDED IECIFIENT. VOU ABE HEKEIV NOTIFIED THAT ANY
DISSKNIHATlOK, DISnUDUTIOS. OH COfYIMO OF THIS COMMUNICATION MAY DC STKJCTLV MOHlkmO \t YOU HAVE RECEIVtCl TH/S COMMUNICATION IN
CMO*, PlAAle NOTtTY MC IMMEDIATELY Br tOU-ECTTELEPHONE CALL. AXD RETVW TH» COMMUNICATION TO MB AT THE ADQVB ACOHOJ VIA UtJITEO
STAT6S WSTAl. SERViee THAM1 YOU.
OAG015-0016
MflY-15-2003 17:39 OFFICE OF IMMIGRflllON LI I _ £16 H_
D.S. Department of Justice
Office of ihc Deputy Attorney General
Ailocialc Deputy Anomcy Genenl D.C. 20530
July 17, 1995
MEMORANDUM
TO: Mark Richard, James Reynolds

Criminal Division
Robert Bryant, Jeffrey Mazanec, Howard Shapiro,
Marion Bowman, FBI
Philip Bartz, Robert Bombaugh, Michael Lind'emann,
Civil Division
Chris Sale, Scott Blackman, David Martin, Laura Baxc;
INS
Janes McAdams, Allan Kornblum
OIPR
D'jJ
FROM: Seth P. Waxman **^~
•v>
RE: Alien Terrorist Removal Procedures under the
Ant i terrorism ACL-_-;
The Attorney General has approved the interim procedures

previously agreed to by all components. A copy of the final
document is attached. I appreciate all the work that'went into
this document, which reflects considerable effort and thought.
Recognizing tljat the Court has not yet been formally
established, there is still a great deal that can be done. .1
would suggest that each component now designate its Task Force
representative, and that TVCS, in its role as chair, commence
coordination of efforts.
Attachment
OAG015-0017
MflY-15-2003 17:38 OFFICE OF imiGRRTION LI I _ 616
*
Proposed Interim Procedures To Implement Section 401 of the
Antiterrorism and Effective Death Penalty Act of 1996:
REMOVAL COURT ACTIONS AGAINST ALEEN TERRORISTS •"

By Order of the Attorney General, Removal Court proceedings will be considered,
commenced, and conducted on an interim basis as follows:
1. The Department will form a Task Force comprised of representatives of the

Terrorism and Violent Crime Section, Criminal Division (TVCS); Office of
Immigration Litigation, Civil Division (OIL); FBI; INS; and Office of Intelligence
Policy Review (OIPR). The Task Force will be chaired by TVCS. Each component
will designate one person as principal Task Force representative.1
2. The Deputy Attorney General will exercise oversight responsibility relating to the
operation of the Task Force and will designate an attorney within her office who will
be her point of contact for issues relating to the Task Force. Any component agency
that objects to a decision reached by the Task Force may lodge that objection with the
Deputy Attorney General's designated point of contact.
3. To ensure that the Removal Court process will be utilized consistently with
Congressional intent and Administration policy, the Criminal Division will assist the
FBI in identifying the initial alien terrorists that are the subjects of current FBI
investigations to be considered by the Task Force for Removal Court a'ction. The FBI
and Criminal Division will develop a process tp ensure that future candidates,
including those alien terrorists violating 18 U.S.C. § 2339B (AEDPA's new
fundraising criminal penalty provision) are expeditiously identified for Removal Court
proceedings.
4. INS, the Civil Division (OIL), other agencies, and U.S. Attorneys'Offices having
Removal Court case recommendations will submit their recommendations to the
Criminal Division and FBI for preliminary review. It is expected that INS agents
currently assigned to FBI field office counterterrorism squads will continue ;o work
with those-offices to generate case recommendations through FBI channels. INS case
recommendations which result from: (a) independent investigation in other contexts;
(b) INS confidential sources; and (c) ports-of-entry inquiries with respect to arriving
aliens, will be made through INS headquarters.
' U.S. Attorneys may ask, or be asked, to detail one or more attorneys to work with the
Task Force in cases arising in the context of terrorism investigations directed by their offices.
OAG015-0018
/ MflY-15-2003 17:39 OFFICE OF IMMIQRflllQN LI I _ 61S ...
.
vi)
Before any recommendation is submitted to the full Task Force, INS, in consultation
with OIL, shall determine promptly for each individual identified for possible
Removal Court action: alienage; immigration status; eligibility for relief from
deportation; all possible grounds for deportation (based on the information available -.A
at the time); and other pertinent issues within INS expertise or jurisdiction,.including
possible grounds for criminal prosecution for immigration violations. The INS shall
provide the results of its review to the FBI in writing. The INS may conduct such
investigation as may be necessary to obtain evidence of alienage, immigration status,
deportability, or criminal prosecution for immigration violations.
The FBI, after initial and follow-up consultation with the Criminal Division and OIL, •••(•.*
• *.v
will transmit all recommendations for Removal Court action to the Task Force in a
package consisting of:
(a) FBI or other agency file information, including pertinent FISA-deriyed
information and LHMs ihat relate to the alien;
(b) the mosi recent annual FBI LHM summarizing the activities of the terrorist
organization with which the alien is affiliated;
. ts
(c) F1SA applications and orders relating to ihe alien and the terrorist
organization, if any; .' <• '!i!r.'•>
(d) ihe INS material provided pursuant to paragraph 5; and
(e) a memorandum from the Assistant Director for National Security to the Task
Force Chairman, which memorandum:
(i) details the subject alien's activities on behalf of the terrorise

organization;
(ii) identifies the national security risks that conventional deportation
proceedings under Title II "would pose, including a discussion of the
nature of any inter- or intra-agency disagreements that may exist with
respect to that risk;
(iii) states whether grounds exist for prosecution based on passport or
immigration fraud, or other criminal violations, and whether grand jury
investigation is pending or contemplated and the bases, scope, and
potential targets of such investigation;2
1 Grand jury information should be provided to the Task Force consistent with the
requirements of Fed. R. Crim. P. Rule 6(e), or court order obtained at the Task Force's request.
OAG015-0019
MPY-15-2003 17=39 OFFICE OF IMMIGRRTIDN LIT e. - 616 49-. P.
(iv) identifies and summarizes the unclassified or declassifiable information

that relates to the alien which can be released to the alien;
(v) identifies the classified information that cannot be declassified and

explains the extent to which that information might be summarized;
(vi) identifies the witnesses who would be available to testify in open coun,
in camera, or both, during the proceeding; and 1 !"•
*&
'.'.M'\0
(vii) states whether the FBI or other agency, including any U. S. Attorney's
office, opposes removal and the reasons therefor.
The full submission described in paragraph 6 will be transmitted to the'Task Force•

Chairman for preliminary review. At this juncture, other Task Force members will
receive the material described in subpans 6(d) and (e).
Upon Task Force request:
(a) INS will: (i) transmit a copy of the subject alien's A-file to the Task Force
for review; (ii) place the original file under controls to ensure that original
documents will remain'avail able to the Task Force when needed; (iii) mark
che original file clearly to indicate that the alien is currently the subject of
Task Force review; and (iv) place appropriate notations in the file and INS
systems to ensure that the alien is not considered for adjustment of status or
other immigration relief without clearance by INS Headquarters officials, in
consultation with the Task Force;
(b) the State Department, through its Counter-Terrorism Office (S/CT), will
provide the Task Force with its current assessment of the terrorist organization
at issue and a copy of the administrative record on which the designation, if
any, is based;
(c) the State Department and the Criminal Division's Office of International
Affairs will advise whether an extradition request is possible with' respect to
the alien;
/
(d) other Department components will furnish expertise as needed; and
(e) other government agencies may furnish such requested expertise or

assistance.
HflY-15-2003 17:39 OFFICE OF IMMIGROT ION LI I _ 616 «*„ ,-
9. As soon as practicable thereafter, the Task Force will convene a meeting of its
relevant members, as well as Assistant U.S. Attorneys or other agency officials as
needed, which will:
(a) ascertain from INS whether its review of the INS file establishes that a "non-
terrorisi" ground exists which can be easily and promptly used, to deport the
alien successfully, without posing a risk to the national security;1
(b) ascertain from the Criminal Division whether sufficient evidence exists
warranting prosecution based on passport or immigration fraud, or other
criminal violations, including violations of AEDPA's criminal fundraising
provision, 18 U.S.C. § 2339B;
(c) review all FBI material to determine whether a "terrorist" ground, within the
meaning of 8 U.S.C. § 1182(a)(3)(B)(iii) and § 125l(a)(4)(B), exists to deport
the alien successfully;
(d) determine whether classified FBI File information is material to deportability

and warrants the use of the Removal Court;
(e) determine whether an adequate unclassified summary of the evidence can be

prepared for submission to the alien; and
(f) attempt to reconcile any inieragency disputes regarding the decision to seek
removal of the subject alien.
10. The Task Force may, at any time, request the recommending agency to:
(a) coordinate with other agencies to pursue alternative enforcement options such
as conventional deportation proceedings or criminal charges;
(b) investigate the matter further to develop needed additional evidence or repair
deficient evidence that is material to deporubility;
(c) make case agents available for Task Force interview; or

/
(d) such other action as the Task Force deems appropriate.
1 Particular consideration should be given to the possibilities that: (1) the alien may present
a meritorious application for withholding of deportation that cannot be rebutted through .the use
of classified information (8 U.S.C. § 1253(h); 8 C.F.R § 242.17); and (2) what course of action
should be taken in the event that the Special Court finds that the alien is not removable under
Tide V of the INA.
OAG015-0021
MRY-15-2003 17=39 OFFICE OF i m i U . i l l U N LI I .6
•\. •
11. The Task Force shall determine if the following conditions are present:
:ij
(a) a terrorist deporution ground exists;
(b) np viable non-terrorism deporution ground exists or is preferred;

'/*s
(c) an extradition request is not anticipated, not a viable option, or is not •-',
'•*
preferred;
(d) no alternative criminal charge is available or preferred;

.
(e) classified information is material to deportability; v-,n;

.''-••'v.
(f) an adequate summary can be prepared; and
(g) the matter warrants Removal Court referral.
12. Should the conditions required under paragraph 11 be deficient or absent, or if the
case appears deficient as a matter of law or fact to establish deportability, the Task
Force will notify the recommending entity as appropriate.
13. If the Task Force determines that the conditions in paragraph 11 are present, it will
transmit the application package and related material to its Terrorist Alien Trial Unit.
This Unit of the Task Force will be chaired by OIL and comprised of OIL, INS, and
Criminal Division attorneys and OIL support staff, with O1PR and FBI assistance as
the unit deems necessary, Upon case referral, the unit will:
(a) prepare declarations by FBI or other recommending agency officials or agents

detailing the nature of the alien's terrorist activities within the meaning of 8
U.S.C. § 212(a)(3)(B)(iii);
(b) prepare the evidence to be submitted to the Removal Court:
(c) prepare the section 503(a) application;
(d) prepare the unclassified summary;

/
(e) draft Attorney General or Deputy Attorney General certifications as needed

pursuant to sections 504(e)(l)(C) and 504(e) (3)(A); and
..-•;*)i
(f) submit the application package through the Task Force Chairman to the
Deputy Attorney General for approval.
OAG015-0022
nAY-15-2003 17:40 OhlCt Uh Ihnlu UluNLII <= _ 616 M_
14. Upon certification by the Deputy Attorney General or Attorney General, the Trial
Unit will: . .
(a) submit the section 5Q3(a) application to the Removal Court and.prepare the
case for trial;4 :
(b) if the subject alien is not already in custody, request that INS take the. alien
into custody5 and inform the Removal Court of the fact that the'alien has been
detained;
(c) prepare for any release hearing if the alien is a lawful permanent resident;
(d) if pertinent, notify the Treasury Department's Office of Foreign Assets Control
of the pendency of the application, for consideration of any actions that might
be warranted under Executive Order 12947; and
(e) notify the Department of State, through S/CT, of the decision of the.Attorney
General or the Deputy Attorney General to initiate Removal Court proceedings
against the alien.
15. In the case of any subject alien presenting special security concerns, INS may request
detention assistance from other agencies, including the Bureau of Prisons and the U.S.
Marshals Service.
16. Should the Removal Court grant the application, the Trial Unit will try the case
before the Court,
17. The Trial Unit will have principal responsibility for defending against any collateral
attacks attempted in other courts on the Removal Court provisions or process, -except
to the extent that the subject matter falls within the particular jurisdiction of another
Department office, in which case the Trial Unit will assist as necessary.
18. Appeals from Removal Court:
(a) The Trial Unit, wuh the involvement of and assistance as needed by the. Civil
Division's Appellate Staff, will have principal responsibility for:
(1) section 505(a) appeals of denials of section 503(a) applications;
* The manner of submission will be prescribed by the Chief Judge.
5 Custody will be effected almost always simultaneously with the filing of .the application.
OAG015-0023
MflY-15-2003 17:40 OFFICE U- IhnlU il IUN LI I
(2) section 505(b) interlocutory appeals concerning section 504(e)(3) .summary;
(3) section 505(c) appeals from final determinations; and
(A) section 505(e) appeals from section 507(b)(2)(C) continuing detention.
(b) The Appellate Staff of the Civil Division, with the assistance of the Task
Force members as may be necessary, will have principal responsibility for
handling appeals to the United States Court of Appeals for the D.C. Circuit by
any organization designated under Section 219 of the INA as a foreign terrorist
organization by the Secretary of State.
19. INS will prepare and furnish to the alien, his attorney, and Lhe Task Force, any
periodic reports required by section 507(2){C) with respect to aliens in continuing
detention.
20. The Task Force and Trial Unit will assist investigating agencies and USAO's with
respect to the requirements of the Title V removal process. It will also assist, as
requested, in pending investigations with respect to matters within its developing
expertise.
21. The Task Force Chairman, or his designate, in conjunction with OIPR, OIL, and the
Security Staff of JMD, will assist the Chief Justice of the United States in the
structuring of the Removal Court.
22. The Task Force may revise these interim procedures as necessary, withv the approval
of the Deputy Attorney General.
23. The Task Force, in light of its experience under ihese interim procedures, will report
to the Attorney General and Deputy Attorney General within 18 months with its
recommendations concerning the advisability of creating a permanent Department unit
for handling Removal Cpun proceedings and for proactive participation'by the unit in
the identification of and enforcement efforts concerning alien terrorists. The report
shall also contain an assessment of the level of cooperation between the various
Departmental components and an evaluation of the Removal Court proceedings under
the interim procedures.
TOTflL P.09
OAG015-0024
Report to the Congress Regarding the
Alien Terrorist Removal Court
Section 313 of the Intelligence Authorization Act for Fiscal

Year 2002 (Public Law 107-108) added a new report requirement to
Title V of the Immigration and Nationality Act, (INA) 8 U.S.C. §§
1531-1537. Under this provision, the Attorney General must
submit a report within 90 days of enactment "concerning the
effect and efficacy of alien terrorist removal proceedings,
including the reasons why proceedings pursuant to this section
have not been used by the Attorney General in the past and the
effect on the use of these proceedings after the enactment of the
USA PATRIOT Act of 2001 (Public Law 107-56") . " This report
responds to that Congressional directive.
Establishment of Alien Terrorist Removal Court
The Antiterrorism and Effective Death Penalty Act of 1996

(AEDPA) (Public Law 104-132, Title IV, Subtitle A, 110 Stat. 1258
(April 24, 1996)) established the Alien Terrorist Removal Court
(ATRC) through the addition of Title V to the INA. Title V of
the INA provides for the removal of aliens believed to be
deportable on terrorism grounds on the basis of classified
evidence in proceedings before the ATRC. See INA sections 502-
504, 8 U.S.C. §§ 1532-1534. The Chief Justice of the United
States has designated the Chief Judge and four other judges to
serve on the ATRC.
In proceedings before the ATRC, the Department of Justice

may present classified evidence in camera and ex parte to prove
that the alien is deportable under section 237 (a) (4) of the INA,
8 U.S.C. § 1227 (a) (4), in that the alien "has engaged, is
engaged, or at any time after admission engages in any terrorist
activity. " To initiate a case under Title V, the Attorney
General must certify that probable cause exists that the alien's
removal under Title II of the INA in conventional removal
proceedings "would pose a risk to the national security of the
United States." Section 503 (a) (1) (D) (iii) of the INA, 8 U.S.C. §
1533 (a) (1) (D) (iii) .
Effect and Efficacy of ATRC
Immediately following the enactment of AEDPA, the Department

of Justice established an interagency working group to review
potential cases for presentation to the ATRC and to develop
OAG015-0025
procedures for the handling of such cases. While the Department
of Justice has devoted substantial resources to the task of
identifying and evaluating cases, this process has not yet
identified a case that belongs in the ATRC rather than some other
forum.
The fact that the Department has not yet brought a case in
the ATRC is the product of a number of factors. First, the ATRC
was intended to be a low-volume court. As stated above, the ATRC
legislation effectively requires that conventional immigration
proceedings under Title II of the INA be considered before resort
to the ATRC, as the ATRC can only be utilized if removal
proceedings under Title II "would pose a risk to the national
security of the United States." INA § 503, 8 U.S.C. § 1533.
This is a jurisdictional prerequisite to invoking the ATRC.
In the experience of the Department of Justice, most

suspected alien terrorists are nonresident aliens removable in
conventional Title II proceedings for conventional immigration
violations (such as overstaying a visa) that can be easily proven
without the use of classified evidence. Such aliens seldom
contest removability; the litigation has solely concerned their
applications for relief from removal. In such cases, Title II
authorizes the Government to present classified information ex
parte and in camera to the immigration judge to oppose an alien's
request for discretionary relief from removal. INA § 240 (b) (4) ,
8 U.S.C. § 1229a(b)(4)(B). Thus, Title II protects classified
information in these cases.
Furthermore, the universe of potential ATRC cases decreased

five months after the enactment of the AEDPA, when Congress
passed the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Div. C, Public Law 104-208, 110 Stat.
3546 (Sept. 30, 1996)), (IIRIRA). The ATRC was enacted in order
to remove aliens who are deportable (as opposed to excludable) on
terrorism charges without compromising national security.
Pursuant to IIRIRA, aliens who may have entered the United States
without inspection are no longer considered "deportable" aliens
and, indeed, the Government can use undisclosed classified
evidence against them in conventional Title II proceedings to
oppose their admission into the United States. INA § 240, 8
U.S.C. § 1229. These IIRIRA provisions gave added national
security protection to conventional Title II proceedings.
In addition to the statutory preference for Title II

proceedings, another important constraint on ATRC action is that
in some cases intelligence objectives or prospects for criminal
prosecution take precedence over any type of immigration action,
OAG015-0026
including the ATRC. In any event, as a matter of policy, the
Department would prefer to criminally prosecute, convict, and
incarcerate alien terrorists for any criminal act committed than
simply remove them from the United States. However, because
government intelligence investigations are not conducted with the
goal of gathering evidence that can be used to prove criminal
charges or immigration violations in court, they often do not
provide a sufficient basis to sustain a criminal prosecution or a
remova1 ac t i on.
Another important factor that hampered use of the ATRC was

the statutory definition of "engage in terrorist activity" in
section 212 of the INA, prior to its amendment by the USA PATRIOT
Act. This definition, which provided the sole basis for removal
in an ATRC action, proved to be problematic in certain respects.
For example, although the statute did encompass fundraisers and
other material supporters of terrorist organizations, there was
no definitive ruling in Title II litigation that the statutory
definition covered material support that the alien claimed was
afforded to a terrorist organization's humanitarian activities
rather than to its terrorist activities. See former INA
§ 212(a) (3) (B) (iii) ("engage in terrorist activity" means, among
other things, the provision of material support to any entity "in
conducting a terrorist activity at any time"). A clearer
definition was not adopted until passage of the USA PATRIOT Act.
Other definitional issues under the pre-USA PATRIOT Act

statutory definition of "engage in terrorist activity" affected
specific cases under review for the ATRC. These included whether
the statute clearly encompassed a solo actor's planning of
terrorist activity; the lack of any statutory definition for
"assassination"; and the failure of one important provision to
cover all weapons, rather than just explosives and firearms.
(See former INA §§ 212 (a) (3) (B) (ii) (IV) ; 212 (a) (3) (B) (ii) (V) (b) ;
212 (a) (3) (b) (iii)) . Concerns about such provisions influenced
the Department's proposed substantive changes, adopted in part in
the USA Patriot Act.
As noted above, Congress's requirement that the ATRC be

utilized only where resort to Title II removal proceedings "would
pose a risk to national security" clearly demonstrates that the
ATRC is not intended to be the primary focus of the Government's
antiterrorism efforts in the immigration area. Instead, the ATRC
is simply one tool in the Government's arsenal for removing alien
terrorists.
Despite the fact that it has not been used, the ATRC remains
a potentially important component of our enforcement apparatus.
OAG015-0027
It was created to help the United States avoid the dilemma of
either allowing alien terrorists to remain in the United States,
on the one hand, or endangering national security by disclosing
classified evidence in their removal proceedings, on the other.
This was a problem prior to the creation of the ATRC and, without
the ATRC, the Government is likely to once again face this
dilemma in at least a small number of cases. In our view, the
ATRC remains a potentially critical tool.
Enactment of USA PATRIOT Act
The Uniting and Strengthening America by Providing

Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT) Act of 2001, Pub. L. No. 107-56 (Oct. 26, 2001),
contained a broad package of budgetary and statutory amendments
to enable the Government to combat more effectively the threat of
terrorism. The USA PATRIOT Act made significant amendments to
INA § 212(a) (3), 8 U.S.C. § 1182(a) (3), the security-related
ground of inadmissibility.
As stated above, removal proceedings under Title V of the

INA are intended to address aliens who are deportable under INA §
237(a) (4), 8 U.S.C. § 1227(a) (4), which refers back to the
definition of "engage in terrorist activity" contained in INA §
212(a)(3)(B). The amendments made to the definitions of
"terrorist activity" and "engage in terrorist activity" contained
in INA §§ 212(a) (3) (B) (iii) and (iv), 8 U.S.C. §§
1182(a)(3)(B)(iii) and (iv), as well as the new definition of
"terrorist organization" contained in INA § 212 (a) (3) (B) (vi), 8
U.S.C. § 1182(a) (3) (B) (vi), would apply to cases before the ATRC.
The USA PATRIOT Act expanded these definitions by:
• broadening the definition of "terrorist activity" which

previously listed only explosives or firearms to
include the use of other weapons and dangerous
devices other than explosives or firearms;
• adding a definition of "terrorist organization" that

includes: (a) any organization designated under INA
section 219, 8 U.S.C. § 1189; (b) any organization
otherwise designated, upon publication in the
Federal Register, by the Secretary of State (after
consultation with or at the request of the Attorney
General) as a terrorist organization after a finding
that the organization commits or incites the
commission of terrorist activity, prepares or plans
a terrorist activity, or gathers information on
OAG015-0028
potential targets for terrorist activity, or that
the organization provides material support to
further terrorist activity; and (c) a. group of two
or more individuals, whether organized or not, that
commits or incites the commission of terrorist
activity, prepares or plans a terrorist activity, or
gathers information on potential targets for
terrorist activity;
• amending the definition of "engage in terrorist activity"

in two principal ways: (a) by clarifying that an
alien's solicitation of funds or members for a
designated terrorist organization constitutes
"engaging in a terrorist activity,"even if the
alien claims that he did not know and should not
reasonably have known that the solicitation would
further the organization's terrorist activity;(b)by
providing that an alien "engages in a terrorist
activity" by committing an act that the alien knows
or reasonably should know affords material support
to a designated terrorist organization, even if the
alien claims that he did not know and should not
reasonably have known that the material support
would further the organization's terrorist activity;
and (c) by providing that once the government proves
that the alien solicted either money or members on
behalf of, or provided material support to, a
non-designated terrorist organization, the alien
must show that he did not and should not have known
that his conduct furthered the terrorist activity of
the organization.1
• clarifying that a solo actor's planning or preparation of a

terrorist activity constitutes "engaging in terrorist
activity."
The USA Patriot Act contains an express retroactive application clause

mandating the application of these new provisions: (a) to actions
taken by an alien before, on, or after the date of enactment, (b)
1 The statute further provides, however, that an alien's solicitation of

funds or members for, or provision of material support to, a terrorist
organization will not be deemed "engaging in a terrorist activity" where
(i) the organization is at the time of the solicitation or support a
non-designated terrorist organization and (ii) the alien demonstrates
that he did not know, and should not reasonably have known, that the
solicitation or material support would further the organization's
terrorist activity.
OAG015-0029
to all aliens, without regard to the date of the alien's entry or
attempted entry, who are in removal proceedings on or after the
date of enactment (except for proceedings in which there has been
a final administrative decision before enactment), or who are
seeking admission to the United States on or after the date of
enactment.
Because the USA PATRIOT Act has made some clarifications to

and expanded some definitions within the security-related
provisions of the INA, the Department of Justice is analyzing in
detail how these provisions might affect the potential use of the
ATRC.
Conclusion
Both before and after September 11, 2001, the Department of
Justice has considered a range of options in reviewing the case
of a suspected alien terrorist. These options range from
continuing an ongoing intelligence-gathering operation to
criminal prosecution to removal, including both conventional
removal under Title II of the INA to removal before the ATRC
under Title V. The USA PATRIOT Act expanded the category of
aliens who are subject to removal based on involvement with
terrorist activity as defined by the immigration law. The
Department continues to review cases with the goal of taking the
appropriate action to protect the national security. As stated
previously, the ATRC is simply one tool in the Government's
arsenal for removing alien terrorists.
OAG015-0030
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DOCUMENT DATE: 03/12/1999 DOCUMENT TYPE: Memorandum

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This document has been withdrawn for the following reason(s):

Dear Mr. Chairman:

This is in response to your letter of August 26 in which

The Department is now reviewing your request for

Please do not hesitate to contact us if we can be of

The United States Embassy in Panama has proposed the

2. When was the Embassy or the Department informed by

In the second week of June 1999, the Department of State

3. Has the U.S. government asked Panamanian authorities to

4. Have U.S. counterintelligence agencies been instructed

U.S. counterintelligence agencies are charged with monitoring

5. Has the Department urged U.S. law enforcement officials

Yes. We have stressed to all U.S. law enforcement agencies

Cleared: CA/VO:KAiston (ok)

4. Have U.S. counterintelligence agencies been instructed to initiate an inquiry to

cc: The Honorable Janet Reno, Attorney General

Name: Helms Date: 10/07/1999 4:53 PM

Subject: Panamaniam officials and alien smuggling

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SUBJECT: Terrorist Designation List

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