The Security of U.S. Visa Programs Hearing
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S. Hrg. 114–662 THE SECURITY OF U.S. VISA PROGRAMS HEARING BEFORE THE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED FOURTEENTH CONGRESS SECOND SESSION MARCH 15, 2016 Available via the World Wide Web: http://www.fdsys.gov/ Printed for the use of the Committee on Homeland Security and Governmental Affairs ( U.S. GOVERNMENT PUBLISHING OFFICE 22–768 PDF WASHINGTON : 2017 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS RON JOHNSON, Wisconsin Chairman JOHN MCCAIN, Arizona THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio CLAIRE MCCASKILL, Missouri RAND PAUL, Kentucky JON TESTER, Montana JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey JONI ERNST, Iowa GARY C. PETERS, Michigan BEN SASSE, Nebraska CHRISTOPHER R. HIXON, Staff Director DANIEL P. LIPS, Policy Director BROOKE N. ERICSON, Deputy Chief Counsel for Homeland Security JOSE´ J. BAUTISTA, Professional Staff Member GABRIELLE A. BATKIN, Minority Staff Director JOHN P. KILVINGTON, Minority Deputy Staff Director HOLLY A. IDELSON, Minority Senior Counsel STEPHEN R. VIN˜ A, Minority Chief Counsel for Homeland Security HARLAN C. GEER, Minority Senior Professional Staff Member LAURA W. KILBRIDE, Chief Clerk BENJAMIN C. GRAZDA, Hearing Clerk (II) C O N T E N T S Opening statements: Page Senator Johnson ............................................................................................... 1 Senator Carper ................................................................................................. 2 Senator Tester .................................................................................................. 3 Senator Sasse .................................................................................................... 17 Senator Booker ................................................................................................. 22 Senator Ernst .................................................................................................... 26 Prepared statements: Senator Johnson ............................................................................................... 35 Senator Carper ................................................................................................. 37 WITNESS TUESDAY, MARCH 15, 2016 David Donahue, Principal Deputy Assistant Secretary for Consular Affairs, U.S. Department of State .................................................................................... 4 Hon. Leon Rodriguez, Director, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security ............................................................. 6 Hon. Sarah R. Saldan˜ a, Director, U.S. Immigration and Customs Enforce- ment, U.S. Department of Homeland Security .................................................. 8 Hon. John Roth, Inspector General, U.S. Department of Homeland Security ... 10 ALPHABETICAL LIST OF WITNESSES Donahue, David: Testimony .......................................................................................................... 4 Prepared statement .......................................................................................... 39 Rodriguez, Hon. Leon: Testimony .......................................................................................................... 6 Prepared statement .......................................................................................... 49 Roth, Hon. John: Testimony .......................................................................................................... 10 Prepared statement .......................................................................................... 65 Saldan˜ a, Hon. Sarah R.: Testimony .......................................................................................................... 8 Prepared statement .......................................................................................... 54 APPENDIX American Civil Liberties Union (ACLU) statement submitted for the Record ... 80 Response to post-hearing questions for the Record: Mr. Donahue ..................................................................................................... 86 Mr. Rodriguez ................................................................................................... 122 Ms. Saldan˜ a ...................................................................................................... 169 Mr. Roth ............................................................................................................ 192 (III) THE SECURITY OF U.S. VISA PROGRAMS TUESDAY, MARCH 15, 2016 U.S. SENATE, COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS, Washington, DC. The Committee met, pursuant to notice, at 10:06 a.m., in room SD–342, Dirksen Senate Office Building, Hon. Ron Johnson, Chair- man of the Committee, presiding. Present: Senators Johnson, Lankford, Ayotte, Ernst, Sasse, Car- per, Tester, Booker, and Peters. OPENING STATEMENT OF CHAIRMAN JOHNSON Chairman JOHNSON. Good morning. This hearing will come to order. I want to, first of all, thank the witnesses for your time and your testimony and for appearing here before us today. We do have rep- resentatives from the State Department (DOS), the U.S. Citizen- ship and Immigration Services (USCIS), and the U.S. Immigration and Customs Enforcement (ICE). You will be hearing those acro- nyms. There are a lot of acronyms in this business. And then, we also have Mr. John Roth, the Inspector General (IG) for the U.S. Department of Homeland Security (DHS). This hearing is about the security of our U.S. visa systems and programs. I think the potential vulnerabilities came to light, cer- tainly, in the public’s awareness, with the attack on September 11, 2001 (9/11), and the fact that so many of the terrorists that killed so many Americans were here on student visas. And then, we also understood—or became aware of—the reality of visa overstays. So, we started understanding the vulnerabilities there. Back then, we, obviously, had the State Department involved in the acceptance and granting of visas, but we also had Immigration and Naturalization Service (INS). You basically had one agency. After 9/11, then we kind of took that apart and set up the De- partment of Homeland Security. Now, we have different agencies. And, I think it is legitimate to ask: Are these agencies working to- gether? Do we have a shared purpose, a shared goal, and a shared mission to, literally, keep this Nation safe? Allow for travel and allow for commerce, but—at the heart of it—are we making sure we can do everything, in an imperfect world, to keep our Nation safe and secure? So, that is really my primary question and the main purpose of this hearing. Are we doing all that we can to screen and vet visa applicants before they enter the country? And, second, how effec- (1) 2 tively are Federal agencies managing their responsibilities and working together—including sharing information—through each step of the visa and immigration process to ensure our security? I would ask that my written opening remarks be entered into the record with consent.1 And, it has been very kindly granted. With that, I will turn it over to Senator Carper. OPENING STATEMENT OF SENATOR CARPER: Senator CARPER. Thank you, Mr. Chairman. I want to welcome everybody. Thank you for holding the hearing. Thank you all for joining us. Three of the folks sitting in front of us are folks who came before us a year or two ago to be confirmed for confirmation hearings. And, we very much appreciate your service. And, that is not taking anything away from you, Mr. Donahue, but we do not have jurisdiction over the Department of State. We are working on it, but—— [Laughter.] We are not quite there yet. But, this hearing is the third in a series we have held to explore whether we are doing enough to address concerns that terrorists might try to exploit international travel to infiltrate our country. In the aftermath of the Paris terrorist attacks, this Committee first scrutinized the process in place to screen and vet Syrian refu- gees escaping from the carnage in the Middle East. And, we learned that the U.S. refugee resettlement process involves exten- sive security screening. Syrian refugees, we were told, undergo multiple rounds of screening over an average period of 18 to 24 months—including in-person interviews by immigration analysts and counterterrorism officials trained in spotting fraud and trained in spotting deception. The Committee next looked at our Visa Waiver Program (VWP), which allows citizens of certain nations to travel to the United States for a visit without a visa. And, once it became clear that the Paris terrorists held passports from European countries whose citi- zens enjoy visa waiver privileges, fears, understandably, arose that this program could pose a security threat. We learned that visa waiver travelers seeking to come to the United States endure nearly the same level of scrutiny and vetting as all other travelers. We also learned that, when it comes to secu- rity, nothing is being ‘‘waived,’’ as the name of the program incor- rectly suggests. And, we learned that, in return for their entry into the Visa Waiver Program, countries—and there are