Bureau of Citizenship and Immigration Services (CIS)

National Benefit Fraud Strategy

Executive Summary

August 2003

Office of Fraud Detection

& National Security

- - - FOR INTERNAL DISCUSSION ONLY - - -

 Fraud Detection & Law Enforcement Checks Within
the Bureau of Citizenship & Immigration Services (CIS)

Background:
On March 1, 2003, INS was abolished, and its Services (Benefits) and Enforcement components split
and relocated into the Department of Homeland Security (DHS). With this separation, came the
opportunity and challenge of developing an inter-agency strategy and operation that better protects
the nation's borders, as well as enhances the integrity of our legal immigration system. This paper
focuses on two critical areas: the detection of benefits fraud and the performance of law enforcement
(background) checks on persons seeking immigration benefits.
As an entity within DHS, the Bureau of Citizenship and Immigration Services' (CIS) mission is to
deliver "the right benefit, to the right person, at the right time, and no benefit to the wrong person".
This is primarily accomplished by assuring that benefit applications and petitions are not fraudulent,
and that the individuals seeking them are genuine and eligible. This includes identifying those who
are ineligible based on criminal and other immoral acts, as well as those who pose a threat to national
security. To successfully accomplish these objectives, a collaborative and systematic program of
comprehensive fraud detection and thorough background checks must be conducted. This paper
outlines how CIS, in close coordination with the Bureau of Immigration and Customs Enforcement
(ICE), intends to perform these activities through the establishment of the Office of Fraud Detection
and National Security (FDNS).

CIS Benefit Fraud Detection Strategy:

Over the last few years, internal and external analyses have determined that benefit fraud is a
pervasive problem, and efforts to combat it have been ineffective. As reported in a January 2002 GAO
Report1, the immigration benefit process is being fraudulently used to perform illegal activities such
as alien (human) and narcotics trafficking, and terrorist activities. The report further states that, "The
protection and integrity of the legal immigration system, and the prevention of ineligible applicants
from receiving benefits are dependent upon the ability to identify fraud and take appropriate action."
Because the majority of immigration benefit fraud begins with the filing of an application or petition,
a sound strategy is one that combats fraud at the earliest point in the process - the time the application
or petition is received.
Anti-fraud efforts within CIS will consist of conducting system checks, data mining, pattern analysis,
and targeted field inquiries aimed at identifying and validating application and petition evidence and
uncovering misrepresentations of material fact. CIS will concentrate its initial effort at the front end of
the process, where preliminary fraud indicators will be validated {or invalidated}. When validated,
cases will either be denied within CIS, or referred to ICE for criminal investigation, in accordance
with pre-established criteria. Once accepted by ICE, CIS will continue to provide adjudications
expertise2 and other support, such as data mining. CIS will take action commensurate with ICE's

"Immigration Benefit Fraud. Focused Approach is Needed to Address Problems". General Accounting Office. January 2002.
GAO-02-66.

CIS adjudication officers are intimately familiar with immigration benefits-related laws, rules, and regulations, as well as policies,
procedures, and other guidelines.

August 8, 2003
investigative findings, such as denial of the application and/or petition, issuance of a Notice to
Appear in Removal Proceedings, posting lookouts in NAILS/the Interagency Border Inspection
System (IBIS), and placing critical information in a to-be-developed anti-fraud database {for
intelligence, tracking and management purposes}.
The establishment of a shared responsibility for combating fraud is based on the reasoning that an
intrinsic component of the adjudication process is determining whether an application or petition is
indeed bona fide, and that the person(s) seeking the benefits are not doing so to circumvent and/or
violate immigration and other laws. When suspicions arise and sufficient cause is found, reason
dictates that these cases be handled with the intent of criminal prosecution. CIS recognizes that the
agency primarily tasked with this authority and responsibility is ICE.
Both CIS and ICE recognize that their primary mission is to protect national security. (For example,
CIS identifies persons attempting to use the legal immigration system merely to gain access for the
purpose of engaging in or supporting terrorist activities.) As a result of this common mission, CIS
and ICE have begun the process of identifying the protocols and processes necessary to ensure a
collaborative effort is undertaken and maintained, notwithstanding different organizational
leaderships and functions. An efficient and effective anti-fraud operation requires CIS and ICE to
jointly develop, implement, and maintain a strategy that protects national security, and compliments
their respective missions and resource capabilities in a way that not only detects fraud, but also
prevents unscrupulous entities from obtaining benefits for which they are not entitled. Recognizing
ICE's current resource limitations, CIS is committed to developing an anti-fraud operation that
adequately researches suspected fraud, and only refers to ICE cases that are likely to be accepted for
criminal prosecution, or are of other pre-established interest.

CIS Background Checks:

Due to the events of September 11th and subsequent potential threats, heightened security concerns
necessitate a thorough screening of immigrants and nonimmigrants applying for benefits. While CIS'
primary mission has not changed, it is imperative that the agency takes every measure possible to
ensure the granting of these benefits will not constitute an undue risk to national security. This is
accomplished through the conduct of background checks.
Background checks have long been an embedded part of the benefit application process. CIS currently
performs the following background checks: FBI Fingerprint Checks, FBI Name Checks, CIA Name
Traces, and IBIS checks. The background check process includes sending a name to the appropriate
agency/system, and retrieving results. For some positive results, such as those pertaining to criminal,
terrorist, or other undesirable activities, CIS performs further research and resolution to determine if
the response relates to the subject queried, and if so, then determines its impact on the person(s)
eligibility for the immigration benefit being sought. When applicable, CIS also refers cases to ICE or
other law enforcement agencies (federal, state, and local) for follow-up enforcement action.

Rationale for Fraud Detection and Background Checks to be Performed Within BCIS:

There is clearly a need within DHS for a comprehensive and collaborative approach for detecting,
prosecuting, and deterring immigration-related fraud, and performing law enforcement (background)
checks. As stated in the January 2002 GAO Report, organizational crosswalks must be devised to
assure that the two primary functions of enforcement and services are being effectively coordinated
and balanced, and that enforcement concerns are considered in performing service functions, and
vice-versa. For this to occur, it is imperative that CIS and ICE develop, implement, and maintain

August 8,2003 ~ 2~
anti-fraud strategies and plans that compliment one another's mission, as well as accomplish the
over-riding priority of protecting national security. This paper has presented a high-level strategy
aimed at accomplishing these objectives. Summarized below are some key points related to this
strategy:

• Both fraud detection and background checks are inherent components of the benefits and
adjudication processes. CIS' proposed strategy, once implemented, will bring to fruition a means
of ensuring that these two processes are being performed in a manner commensurate with CIS'
role in protecting national security.
• An overarching principle embodied in the strategy is that fraud detection and background check
responsibilities will be appropriately shared. CIS will perform the processes up to the point
where field investigations and enforcement activities are needed. At this point, cases meeting pre-
established criteria will be referred to ICE.
• CIS-performed fraud and background check related activities can be funded from the
Examinations Fee Account, versus the Appropriations Account that tends to be under-funded. As
a result of budget shortfalls, ICE has historically experienced resource constraints that impede, for
example, its ability to effectively combat benefit fraud. Therefore, ICE will benefit from a sharing
of responsibilities, in that the performance of up-front screening by CIS (for both fraud and
background checks) ensures ICE only receives cases that meet pre-defined criteria. This ensures
that ICE does not expend resources on nonproductive investigations.
• In terms of operational readiness, CIS can leverage its existing staff resources, systems and
facilities in its service centers and at headquarters, while it builds capacity to assume new fraud
and background check-related responsibility.

In closing, if the strategy in this paper is approved, CIS looks forward to begin designing and
developing an organization that can implement the principles of the strategy outlined in this paper.

Augusts, 2003