by Donna Leinwand
USA Today
May 22, 2002
http://www.usatoday.com/news/attack/2002/05/22/terrorists-ins.htm

WASHINGTON - At least half of the 48 Muslim radicals linked to terrorist plots in the USA since 1993 manipulated or violated immigration laws to enter this country and then stay here, an analysis by the Center for Immigration Studies says.

The terrorists used tourist, student and business visas, requests for amnesty and asylum, sham marriages and lies to trick Immigration and Naturalization Service officials into allowing them to stay in the USA, according to the report, which the non-partisan center will release today. Even when the terrorists did little to hide violations of visa requirements or other laws, INS officials failed to enforce the laws or to deport the offenders, the report says.

"Every aspect of the U.S. immigration system has been penetrated by terrorists, so our response must be equally broad," says Steven Camarota, director of research for the center. "Clearly our immigration system is critically important to preventing attacks on U.S. soil. But it doesn't have to be foolproof. If you just catch some of the people, you can often cause a large conspiracy to unravel."

The study found that at the time they committed their crimes, 12 of the 48 were illegal immigrants. At least five others had lived in the USA illegally, and four others had committed significant immigration violations. Others were here legally but should have been rejected for visas because they fit U.S. immigration laws' profile of people who are likely to overstay their visas, the report says.

The report's unflattering portrayal of the INS is the latest blow to an agency that Congress has targeted for reorganization, largely because of the agency's failure to enforce immigration laws and keep track of immigrants and visitors. The INS does not have enough people to investigate and arrest all visa violators, agency spokesman Russ Bergeron says. There are 1,950 immigration agents nationwide and an estimated 7 million to 8 million undocumented immigrants - about one agent for every 4,100 immigrants, Bergeron says.

The INS does not have a system to monitor visa expirations and does not track the whereabouts of foreign tourists.

"When you look at the wide range of important tasks, and the number of INS agents is smaller than most metropolitan police departments, it becomes rather obvious that there is a serious lack of resources," Bergeron says.

The analysis of the 48 men linked to terrorist plots here indicates that INS and consular officials do not sufficiently scrutinize visa applicants. It also says U.S. agencies and foreign governments do not communicate about terrorism watch lists and intelligence reports, and adds that the United States lacks immigration enforcement within the nation's borders.

When the INS does arrest suspected immigration violators, it sometimes lacks jail space to hold them, the report says.

It says INS officials should not have issued tourist visas to many of the Sept. 11 hijackers because, as young, unmarried, generally low-income men without significant ties to their home nations, they fit the profile of "intending immigrants." That means they were considered likely to overstay their visas and seek permanent immigration.

The study says the INS had several opportunities to keep Mohamed Atta, the suspected ringleader of the attacks Sept. 11, out of the country or to deport him once he arrived, Camarota says. Consular officials could have rejected his tourist visa because he seemed to be an "intending immigrant." When Atta overstayed his visa in December 2000, the INS could have deported him. When he left the USA a month later and then returned, INS agents could have refused to readmit him.

INS officials declined to commit on specific cases, saying they had not seen the report. An official from the consular bureau of the State Department, which issues visas at overseas consulates, says the visas cited in the report were issued in compliance with U.S. law.

How some with terrorist ties entered USA ... and stayed

A report by the Center for Immigration Studies says that more than half of 48 foreigners linked to terrorist incidents in the USA since 1993 should have been deported beforehand. In some cases, the report says, the foreigners misled the Immigration and Naturalization Service about their intentions. In others, authorities did not enforce U.S. laws. Among the cases examined:

Name Terrorist plot Status when charged Dealings with INS or other agencies

Omar Abdel- Rahman Egyptian serving life term for planning to bomb New York City landmarks. Asylum applicant Allowed to enter USA four times in late 1980s, even though he was put on a terrorist watch list in 1987. Overstayed visa in 1990; visa revoked. Applied for visa under a different name and was granted permanent residency in 1991. Residency revoked in 1992. He then applied for asylum.

Fadil Abdelghani Sudanese linked to plot to bomb New York landmarks. Serving 25-year sentence. Legal permanent resident Overstayed 1987 tourist visa. Lived here as illegal alien until 1991, when he married a U.S. citizen. That made him a legal permanent resident.

Gazi Ibrahim Abu Mezer Palestinian who planned to bomb Brooklyn subway. Said during trial that he came to America to kill as many Jews as possible. Sentenced to life in prison. Illegal alien Denied student visa in 1993. Got Canadian student visa. Caught three times trying to sneak into USA from Canada. After third try, Canada refused to take him back. INS released him and started deportation proceedings. Arrested before proceedings were done.

Lafi Khalil Palestinian linked to plot to bomb Brooklyn subway. Found guilty of immigration fraud; sentenced to three years in prison. Illegal alien Issued transit visa in 1996 for travel through the USA to Ecuador. At JFK Airport in New York, an INS inspector mistakenly stamped his passport with a six-month tourist visa instead of 29 days. He boarded a flight to Syracuse, N.Y., then overstayed his visa.

Ali Mohammed Egyptian who pleaded guilty to taking part in conspiracy to bomb U.S. embassies in Africa in 1998. Plea agreement sealed. NaturalizedU.S. citizen Put on terrorist watch list in 1984 but was granted a visa in 1985. Received permanent residency after marrying U.S. citizen in 1986.

Khalid Abu al Dahab Egyptian involved in plan to bomb U.S. embassies in Africa. Now imprisoned in Egypt. NaturalizedU..S. citizen Studied medicine in USA on student visa in 1986. Married an American just after visa expired but divorced about a month later. Second marriage to U.S. citizen called one of "convenience" by court investigator. Became permanent resident after a third marriage to a U.S. citizen.

Ahmed Ressam Algerian convicted in foiled "millennium" plan to bomb Los Angeles International Airport around Jan. 1, 2000. Faces up to 130 years in prison, but is trading intelligence for leniency. Scheduled to be sentenced in 2003. Illegal alien Entered Canada in 1994 using fake French passport. Applied for refugee status. Application was rejected, but he remained in Canada because of a moratorium on deportations to Algeria. Left Canada in 1998 to train in Afghan terrorist camps, authorities say. Returned to Canada on fake Canadian passport. Arrested at U.S. border in late 1999 with explosives in his car's trunk.

Zaccarias Moussaoui French-Moroccan charged with taking part in al-Qaeda conspiracy that carried out Sept. 11 attacks. Awaiting trial; charges carry death penalty. Illegal alien; violated terms of student visa Given U.S. student visa in London in February 2001 despite being on a French watch list of suspected Islamic extremists.
Mohamed Atta Egyptian believed to have been leader of the 19 suicide hijackers on Sept. 11. Student visa application pending Given U.S. tourist visa in 1999 in Germany even though he fit the profile of an "intending immigrant." That means, among other things, that he was young, unmarried and appeared to have few ties to his home country. Such visa-seekers are supposed to be viewed with suspicion. Entered USA in June 2000 and enrolled in flight school despite not having a student visa. Applied for a vocational student visa and then overstayed tourist visa. Left USA Jan. 10, 2001; U.S. law says those who leave the country should have their applications to change visa status voided. INS approved his student visa request just before Sept. 11 but did not notify his flight school until six months after the attacks.

Khalid Al-Midhar Saudi identified as Sept. 11 hijacker Had business visa. Got "express" visa through travel agent without having immigration interview. In January 2000, attended al-Qaeda planning meeting in Malaysia for the attack on the USS Cole several months later in Yemen. Entered USA shortly afterward. Identified as a potential terrorist as early as January 2001 but was not put on CIA watch list until August 2001. FBI unable to find him before Sept. 11.

Nawaf Alhazmi Saudi identified as Sept. 11 hijacker Illegal alien Overstayed tourist visa issued in January 2000. Identified by CIA as possible terrorist in January 2001 and put on watch list. FBI couldn't find him before Sept. 11.
Hani Hanjour Saudi identified as Sept. 11 hijacker Illegal alien Granted student visa in September 2000 to study at California language school. Never attended classes and became an illegal alien.

Ramzi Yousef Pakistani serving life sentence for bombing World Trade Center in 1993. Asylum applicant Entered USA without a visa in 1992 and applied for asylum. Released before asylum was granted because INS lacked detention space.

Mahmud Abouhalima Egyptian linked to plot to Trade Center in 1993. Sentenced to 240 years in prison. Legal permanent resident After tourist visa expired in 1986, he worked illegally as a cabdriver. Granted permanent resident status in 1988 as part of an amnesty program for illegal farm workers. There is no evidence he worked in agriculture.

© Copyright 2002 USA TODAY, a division of Gannett Co. Inc.

FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of criminal justice, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.