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    Thomas II. KeanC H A I R

    Lee II. HamiltonV I C E C H A I RR ichard Ben-VenisteMax ClclandFred F. FieldingJamie S. GorelickSladc GortonJohn Lehman

    Timothy J. R o em erJames R. ThompsonPhilip D. ZelikowE X E C U T I V E D I R E C T O R

    DOJ DOCUMENT REQUEST NO. 6

    T he National C ommission on T errorist A ttacks U pon the U nited States ("theC ommission") requests that the D E PA R T M E NT O F JU ST IC E ("R espondent")provide the C omm ission with copies of the following materials no later thanSeptember 29 , 2003.1 . Memoranda from and to senior DOJ officials regarding counterterrorismand immigration and border security policy and programs. Documentssetting forth communications an d policy statements from the Office of theA ttorney General or the Office of the D eputy A ttorney General to theExecutive Office fo r U nited States Attorneys (EO U SA ), the Executive Officefor Immigration Review (EOIR), the office of the INS Commissioner, INSD eputy C ommissioner, INS E xecutive A ssociate Com missioner, or persons

    acting in these capacities, and from the latter to the former, from February 26 ,1993 through September 20, 2001, regarding:a. Policies, programs, and practices concerning visa or border screeningfor terrorists;b. the use of imm igration law violations to prosecute known or suspectedterrorists;c. PDD-39 an d PDD-62 insofar as they concerned immigration an dborder security matters.

    2 . Mem oranda from senior DOJ officials to the Executive Office of thePresident. Documents setting forth comm unications by the A ttorney Generalor the D eputy A ttorney General or principals designated by them to, or minutesof meetings with, the President, the A dvisor for National Security, W hiteH ouse principals in charge of border and homeland security, and the O M BDirector, concerning immigration (including refugees), border security as itrelates to the events of September 11, 2001 or counterterrorism generally:a. from February 26, 1993 through September 11, 2001;

    b. from September 11, 2001 to September 20, 2001; andc. communications or minutes from September 21,2001 to the present orto the date of the establishment of the Department of H omelandSecurity as appropriate, sufficient to document the inception,performance, and status of current policies an d programs (e.g V isasC ondor; enforcement actions involving aliens in the United States; andinternational cooperative efforts concerning intelligence, lawenforcement, an d travel document fraud).3 . Comm unications from senior DO J officials to the Department of Defense.Documents setting forth communications to the Department of Defenseconcerning protection of the U.S. borders from terrorist infiltration by the mostsenior Department of Justice officers engaged in such communications, and bythe Office of Legal Policy to its counterparts at the Department of Defense:a. from January 1, 1998 through September 20, 2001; and

    TE I. (202) 331-4060F A X (202) 296-5545

    http://www.9-11commission.gov

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    DO J Document Request No. 6September 24, 2003Page 2

    b. reflecting the status of issues between the two Departments as of the time of theestablishment of the Department of Homeland Security4. Memoranda to and from the Terrorism an d Violent Crime Section (TVCS) on thecounterterrorism/immigration policy and program nexus. Documents setting forthcommunications an d policy statements from the Office of the Attorney General or the Office of theDeputy Attorney General to the Chief (or acting Chief) of the Terrorism and Violent Crime Section(Criminal Division), and from the latter to the former, from June 1, 1995 to September 20 , 2001,regarding:a. Policies, programs, resources concerning visa and border screening for terrorists;b. the use of immigration law violations to prosecute known or suspected terrorists;c. international cooperation in reducing terrorist transnational mobility; andd. PDD-39 and PDD-62.5. Memoranda from and to the Office of International Affairs (OIA). Documents setting forth

    communications and/or policy statements from the Office of the Attorney General or the Office ofthe Deputy Attorney G eneral to the Chief (o r acting Chief) of the Office of International Affairs(OIA), and from the Chief (or acting Chief) of OIA to the Office of the Attorney General or theOffice of the Deputy Attorney General, from February 26, 1993 through September 20 , 2001,regarding bilateral, regional, and multilateral discussions on immigration, travel, and border issuesrelated to counterterrorism, includin g intelligence sharing, law enfo rcem ent and criminal justicematters, and preventative measures.6. Memoranda between INS and the Justice Department's TVCS an d OIA. Documents settingforth communications and/or policy statements from the Commissioner of INS or the

    Commissioner's designee to the Chiefs of the Terrorism an d Violent Crime Section and the Officeof International Affairs, relating to counterterrorism at the visa or entry stage, or with regard totransnational terrorist mobility, from 1996 to September 11, 2001.

    7. International initiatives. The most recent briefing packages prepared for the Attorney G eneral orhis designee for all bilateral, regional, or multilateral discussions (e.g. Canada, OAS, OSCE, G-8)concerning counterterrorism measures relating to border security and immigration.8 . Alien Terrorist Removal Court. Documents summ arizing efforts to use the Alien T erroristRemoval Court (AT RC), w ith brief descriptions of any cases considered for prosecution in theATRC; and policy statements or memoranda to or from the Terrorism and Violent Crime Sectionanalyzing, evaluating or stating the legal or factual criteria or standard for bringing a case before theATRC.9. NCIC. Documents sufficient to show the process an d requirements fo r entering the name of analien absconder into the National Crime Inform ation Center (NCIC) datab ase; the office(s) an dindividual(s) at the Department of Justice who were (before the establishment of the Department ofHomeland Security) and are charged w ith overseeing the entry of absconder nam es into the NCICdatabase and the policy and legal structure of this project; the numb er of alien absconders bycountry or origin currently entered into NC IC; and the number of alien absconders by countryentered into NCIC considered kn own or suspected terrorists.

    T E L (202) 331-4060F A X (202) 296-5545http://www.9-l lcommission.gov

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    DOJ Document R equest No. 6September 24, 2003PageS

    1 0 . September 1 1 detainees. Docum ents prepared for senior Department of Justice officialssummarizing the results of the detention of aliens in connection with the investigation of the attacksof September 11 , 2001, including (a) the number of individuals detained, deported, and released, (b)the countries of origin of the detainees, (c) the legal grounds upon which they were detained,charged, and deported, and (d) the intelligence, counterterrorism, and law enforcement benefitswhich resulted from those detentions.

    1 1 . The National Security Entry-Exit Registration System (NSEERS or special registration).Docum ents prepared for senior Departm ent of Justice officials summ arizing the results of thisprogram, including (a) the number of registered individuals by country, (b) the number ofindividuals who were detained or deported in connection with their registration, and (c) theintelligence, counterterrorism, and law enforcement be nefits which resulted from the NSEERSprogram.

    12. Voluntary Interview Program. Documents signed by senior Department of Justice officialsestablishing the Vol untary Interview P rogram and setting forth the program goals, objectives, andmethods; do cuments prepared for senior Department of Justice officials summarizing the program'sresults including (a) the number of proposed interviewees, (b) the number of actual interviewees;(c) the number of interviewees who were detained on any charge; and (d) the intelligence,counterterrorism, and law enforcement benef its which resulted from the program.

    1 3 . Absconder Initiative. Documents sufficient to establish the formation and results of theAbsconder Initiative, including (a) docum ents setting forth the criteria used to determine whichindividuals or groups of individuals were to be given a priority out of the approximately 314,000individuals with prior deportation orders w hose names w ere given to the FBI by the INS; and (b)reports prepared for senior Department of Justice officials summarizing the number of aliensdetained pursuant to the Absconder Initiative, and the results of any immigration or criminalproceedings brought against them.

    14. Criminal justice statistics on enforcement actions. Documents for the period January 1, 1998through the present summ arizing the number of aliens, by judicial district:a. referred for imm igration violations and terrorism-related activities;b. prosecuted for immigration violations and terrorism-related charges; andc. prosecuted for immigration violations for which the Justice Department had informationsuggesting or indicating the aliens had terrorist affiliations.

    15 . An alytic reports on criminal justice statistics. Special analytic reports prepared by D OJ agencies,including BJS and INS, discussing imm igration enforcement, terrorism-related enforcement, andterrorism-related imm igration prosecutions, from January 1, 1998 through the present.1 6 . Indices of INS d ocuments and interviewees produced in connection with reports of theDepartment of Justice Inspector General. Lists or indices of INS interviewees and supportingdocumentation produced to the Department of Justice Office of Inspector General in connectionwith the following reports and audits:

    a. "The Septemb er 11 Detainees: A R eview of the Treatment of Aliens Held on ImmigrationCharges in Connection w ith the Investigation of the September 11 Attacks" (June 2003);T E L (202) 331-4060F A X (202) 296-5545

    http://www.9-l lcommission.gov

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    DOJ Document R equest No. 6September 24, 2003Page 4

    b. "The Imm igration and Na turalization 's Service's Contacts with Two September 11Terrorists: A Review of the INS's Adm issions of M ohamed Atta and M arwan A lshehhi, itsProcessing of their Change of Status Applications, and its Efforts to Track Foreign Studentsin the United States" (May 20, 2002);c. "Follow-Up Report on the Border Patrol's Efforts to Improve Northern Border Security,"Report No. 1-2002-004, February 2002;

    The Com mission requests that in instances where do cume nts responsive to DO J enum erated requests areacquired, received or pro duced sub sequent to the date of this document request, that such requests aredeemed continuing through March 2003.Th e Commission further requests that documents requested above be p rovided as soon as they are available,even though all requested docum ents may not be provided at the same time, thorough m eans of a "rolling"production. Please provide documents organized in a manner indicating to what document request numbereach document is responsive.If any requested docum ents are w ithheld from produ ction, even temporarily, based on an alleged claim ofprivilege or for any other reason, the Com mission re quests that the respondent, as soon as possible and inno event later than the production date, identify and describe each such document or class of documents, aswell as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge toany such withholding.If the respondent does not have possession, custody or control of any requested documents b ut hasinformation about where such documents may be located, the Commission requests that the respondentprovide such information as soon as possible and in no event later than the production date.If the respondent has any questions or concerns about the interpretation or scope of these docum entrequests, the Commission requests that any such questions or concerns be raised with the Commission assoon as possible so that any such issues can be addressed and resolved prior to the production date.The Comm ission point of contact for this request is Tom Eldridge at (202) 401-1686.

    September 15, 2003 Daniel MarcusGeneral Counsel

    T E L (202) 331-4060F A X (202) 296-5545

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    Thomas H. KeanC H A I RLe e H. HamiltonV I C E C H A I RRichard Ben-VenisteMax ClelandFred F, FieldingJamie S. GorelickSlade GortonJohn LehmanTimothy J. R oemerJames R . ThompsonPhilip D. ZelikowE X E C U T I V E D I R E C T O R

    DOJ DOCUMENT REQUEST NO. 9

    The National Comm ission on Terrorist A ttacks U pon the U nited States ("theCommission") requests that the U.S. Department of Justice (DOJ or the"respondent") provide the C omm ission with copies of the following materialsno later than November 3, 2003:

    1 . Documents from and to senior DO J officials regardingcounterterrorism and immigration and border security policy andprograms. Docum ents setting forth communications an d policystatements from the Office of the A ttorney General (OA G) or the Officeof the Deputy Attorney General (ODAG) to the Executive Office forU nited States Attorneys (EO U SA ), the Executive Office fo r ImmigrationReview (EO IR), the office of the IN S Commissioner, INS DeputyCommissioner, or INS Executive Associate Commissioners, and fromthe latter to the former, from February 26 , 1993 through September 20 ,2001, regarding immigration policies, strategies, funding, programs, andpractices concerning screening for terrorists at the border an d elsewhere,and the use of imm igration law to prosecute know n or suspectedterrorists in the U.S., including PDD-39 and PDD-62 insofar as theyconcerned imm igration and border security matters.2. Docum ents from senior DOJ officials to the Executive Office of thePresident. Docum ents setting forth communications by the O A G or theODA G with officials in the Executive Office of the President (EOP)who had responsibility for border an d homeland security, concerningimmigration (including refugees) an d border security issues related tocounterterrorism, including the specific events of September 11, 2001,(a) from February 26, 1993 through September 20, 2001, and (b)sufficient to describe current policies and programs (e.g.,visa namecheckprograms; immigration enforcement involving aliens in the U.S.; andinternational border-related efforts concerning intelligence, lawenforcement, and travel docume nt fraud), and setting forth evaluationsand results of those current programs.3. Communications from senior DO J officials to the Department ofDefense DoD). Docum ents setting forth communications by the O A G ,O DA G, or the Office of Legal Policy (O LP), to the DoD concerning

    protection of U.S. borders from terrorist infiltration, from September 11,2001 through September 20, 2001.4. Com munications with foreign counterparts. OAG and O D AGcomm unications with foreign counterparts regarding cooperativeimmigration an d border-related counterterrorism measures, from January

    T E L (202) 331-4060F A X (202) 296-5545

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    )OJ Document Request No. 9October 20, 2003Page 2

    1, 1998 through September 20, 2001. Such requests are limited to counterterrorismmeasures generally and do not include items relating to specific individuals.5. Documents to and from the Criminal Division Terrorism and Violent Crime Section(TVCS) on counterterrorism/immigration policy and programs. Docum ents settingforth communications an d policy statements from the OAG or the ODAG to the Chief ofthe TVCS, and from the latter to the former, from June 1, 1995 to September 20, 2001,regarding visa and border screening related to counterterrorism; the use of immigration lawviolations to combat terrorism; the use of secret evidence in imm igration proceedingsagainst suspected terrorists; intern ational cooperation in reducing terrorist transnationalmobility; and PDD-39 an d PDD-62.6. Documents from and to the Criminal Division, Office of International Affairs (OIA).Documents setting forth comm unications and/or policy statements from the OAG or theODAG to the Chief of OIA, and from the Chief of OIA to the OA G or the ODAG, fromJanuary 1, 1998 through Septemb er 20, 2001, regarding bilateral, regional, and mu ltilateraldiscussions on imm igration, travel, and border issues, including intelligence sharing, lawenforcement and criminal justice matters, and preventative measures, to the extent thosediscussions related to combatting terrorism.7 . Documents from and to the Criminal Division's TV CS an d OIA. Docum ents settingforth comm unications and/or policy statements from the Commissioner of INS, theExecutive Associate Commissioners, the head of the National Security Unit, and theDirector fo r Intelligence to the Chiefs of the TVCS and the OIA, relating tocounterterrorism at the visa stage or prior to travel to the U.S., at the border, or involving

    aliens within the U.S. from January 1, 1995, through September 20, 2001.8. Alien Terrorist Removal Court (ATRC). Docum ents summ arizing policies on the use ofand the activities of the AT RC; and policy statements or memoranda to or from the TV CSanalyzing, evaluating or stating the legal or factual criteria or standard fo r bringing a casebefore the ATRC, from January 1, 1996, through September 20, 2001.9. NCIC. Documents from sufficient to show (a) the current process and requirements fo rentering the name of an alien absconder into the National Crime Information C enter(NCIC) database; and (b) the number of alien absconders by country of origin currentlyentered into NCIC .10. September 11 detainees. Documents summarizing the results of the detention of aliens inconnection with the investigation of the attacks of September 11 , 2001, includingdocuments summarizing (a) the number of individuals detained, deported, and released; (b)the countries of origin of the detainees; (c) the legal grounds upon which they weredetained, charged, and deported; and (d) the intelligence, counterterrorism, and lawenforcement benefits which resulted from those detentions.

    TEL (202) 331-4060F A X (202) 296-5545http://www.9-l lcommission.gov

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    ;OJ Docum ent Request No. 9October 20, 2003PageS

    11. The National Security Entry-Exit Registration System (NSEERS or specialregistration). Documents from September 11, 2001 through the present prepared for theOAG or the OD AG summ arizing the results of the NSE ERS program, including (a) thenumber of registered individuals by country; (b) the number of individuals who weredetained or deported in connection w ith their registration; and (c) the intelligence,counterterrorism, and law enforcement benefits which resulted from the NSEERS program.

    12. Voluntary Interview Program. Documents from September 11, 2001 through the presentprepared for the OAG or the O DAG summ arizing the origin, mission and results of theVoluntary Interview Program, including (a) the number of proposed interviewees; (b) thenumber of actual interviewees; (c) the number of interviewees who were detained on anycharge; and (d) the intelligence, co unterterrorism, and law enforcement benefits whichresulted from the program.13. Absco nder Initiative. Documents sufficient to describe the origin and results of theAbsconder Initiative, including (a) documents setting forth the criteria used to determinewhich individuals or groups of individuals were to be given a priority out of those withprior deportation orders; and (b) reports summarizing the number of aliens detainedpursuant to the Absconder Initiative and the results of any immigration or criminalproceedings brought against them.14 . Crim inal justice statistics on enforcement actions. Documents for the period fromJanuary 1, 1998 through the present summarizing the number of aliens who were chargedwith both immigration and terrorism-related charges.15. Analytic reports on criminal justice statistics. Analytic reports prepared by DO Jagencies, including BJS and INS,discussing terrorism-related imm igration enforcement,and terrorism-related immigration prosecutions, from January 1, 1998 through the present.16. "INS Weekly". All "INSWeekly" agendas prepared for the ODA G from January 1, 1998through September 20, 2001, which include terrorism-related items.17. Transition. Documents prepared for or comm unicated by DO J to the Bush-CheneyTransition Team or incoming Bush-Cheney officials related to INS counterterrorismmeasures.

    The Commission further requests that documents requested above be provided as soon as they areavailable, even though all requested documents may not be provided at the same time, thoroughmeans of a "rolling" production.If any requested documents are withheld from production, even temporarily, based on an allegedclaim of privilege or for any other reason, the Com mission requests that the respondent, as soon aspossible and in no event later than the production date, identify and describe each such document

    T E L (202) 331-4060F A X (202) 296-5545http://www.9-l lcommission.gov

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    iJOJ Document Request No. 9October 20, 2003Page 4

    or class of documents, as well as the alleged basis for not producing it, with sufficient specificity toallow a meaningful challenge to any such withholding.If the respondent does not have possession, custody or control of any requested docum ents but hasinformation about where such documents may be located, the Commission requests that therespondent provide such inform ation as soon as possible and in no event later than the productiondate.If the respondent has any questions or concerns about the interpretation or scope of these docum entrequests, the Com mission requests that any such questions or concerns be raised with theCommission as soon as possible so that any such issues can be addressed and resolved prior to theproduction date.October 20 , 2003 Daniel MarcusGeneral Counsel

    T K L (202) 331-4060F A X (202) 296-5545http://www.9-l lcommission.gov

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    jnne Accolla

    it:

    Subject:

    sdunne@9-11 commission.govMonday, October 20, 2003 3:13 [email protected]@usdoj.gov; [email protected]; [email protected];[email protected] J document request no. 9

    DOJ documentrequest no9.doc...Faith: Attached as a Word document is DOJ document request no. 9.callTom Eldridge at 202-401-1686 with any questions about this request and toarrange for production. Feel free to call Dan Marcus or me as well if anyissues arise. Thanks. Steve

    Please

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assistant Attorney General Washington, D. C. 20530

    November 5, 2003Dan Marcus, General CounselNational Commission on Terrorist Attacks

    Upon the United States2100 K Street, NW, Suite 300Washington, DC 20036Dear Mr. Marcus:

    This responds to the Commission's Document Request No. 9 to the Department, whichrequested documents in 17 itemized categories.

    Enclosed are 1312 pages that were provided by the Office of the Attorney General and theDepartment's Executive Secretariat in response to this request. We have imaged thesedocuments on CD 36, which we will produce when we are advised by your technical staff of theCommission's format preferences.

    We also have 85 pages in which the Department ha s substantial confidentiality interestsbecause they are deliberative in character and contain advice and recommendations that wouldno t usually be disclosed outside of the Executive Branch. We are prepared to make thesedocuments available fo r review by Commission staff at the Department pursuant to ourconfidentiality agreement regarding these types of materials.

    O ur efforts to collect and process documents responsive to this request are continuing andwe will supplement this response with additional documents as soon as they become available.Meanwhile, please do not hesitate to contact me if you would like assistance with any othermatter.

    Sincerely,

    William E. MoschellaAssistant Attorney General

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assistant A ttorney General Washington, D.C. 20530

    November 4, 2003Dan Marcus, General CounselNational Commission on Terrorist AttacksUpon the United States2100 K Street, NW, Suite 300Washington, DC 20036Dear M r. Marcus:

    This responds to the Commission's Document Request No. 9 to the Department, whichrequested documents in 17 item ized categories.

    Enclosed are 1252 pages that were provided by the Off ices of the Attorney Gene ral andthe Deputy A ttorney General in response to this request. We have imaged these do cum ents onCDs , which wewill produce when we are advised by your technical staff of the Commission'sformat preferences.We also have 61 pages in which the De partme nt has substantial confidentiality interestsbecause they are deliberative in character and contain advice and recomme ndations that wouldno t usually be disclosed outside of the Executive Branch. We are prepared to make thesedocuments available fo r review by Commission staff at the Department pursuant to our

    confidentiality agreement regarding these types of materials.O ur efforts to collect and process docum ents responsive to this request are continuing andwe will suppleme nt this response with additional doc uments as soon as they becom e available.Me anwhile, please do not hesitate to contact me i f you would like assistance with any othermatter.

    Sincerely,

    William E. Mosc hellaAssistant Attorney General

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assistant Attorney General Washington, D.C.20530 I V {/W^ I IA^C--^November 7, 2003

    Dan Marcus, General CounselNational Commission on Terrorist AttacksUpon the United States2100 K Street, NW, Suite 30 0Washington, DC 20036Dear Mr. Marcus:

    This responds to the Commission's Document Request No. 9 to the Department, whichrequested documents in 17 itemized categories.

    Enclosed are 1621 pages that were provided by the Offices of the Deputy AttorneyGeneral and the Attorney General and the Department's Executive Secretariat in response to thisrequest. We have imaged these documents on CD 38, which we will produce when we areadvised by your technical staff of the Commission's format preferences.W e also have 18 pages in which the Department has substantial confidentiality interestsbecause they are deliberative in character and contain advice and recommendations that wouldnot usually be disclosed outside of the Executive Branch. We are prepared to make thesedocuments available fo r review by Commission staff at the Department pursuant to our

    confidentiality agreement regarding these types of materials.O ur efforts to collect and process documents responsive to this request are continuing an dwe will supplement this response with additional documents as soon as they become available.Meanwhile, please do not hesitate to contact me if you would like assistance with any othermatter.

    Sincerely,

    William E. MoschellaAssistant Attorney General

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    U.S. Department of JusticeOffice of Legislative Affa irs

    Office of the Assistant Attorney General Washington, D.C. 20530

    November 13, 2003

    Dan Marcus, General CounselNational Commission on Terrorist AttacksUpon the United States2100 K Street, NW, Suite 300Washington, DC 20036Dear Mr. Marcus:

    This responds to the Commission's Document Request No. 9 to the Department, whichrequested documents in 17 itemized categories.Enclosed are 673 pages that were provided by the Office of the Deputy Attorney General,in response to this request. W e have imaged these documents on CD 44, which we will producewhen we are advised by your technical staff of the Commission's format preferences.I hope that this information is helpful. Please do not hesitate to contact me if you wouldlike additional assistance regarding this or any other matter.

    Sincerely,

    William E. MoschellaAssistant Attorney General

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assistant Attorney General Washington, B.C. 20530

    November 19, 2003

    Dan Marcus, General CounselNational Commission on Terrorist Attacks

    Upon the United States2100 K Street, NW, Suite 300Washington, DC 20036Dear Mr. Marcus:

    This responds to the Commission's Document Request No. 9 to the Department, whichrequested documents in 17 itemized categories.

    Enclosed are 1,908 pages that were provided by the Office of the Deputy AttorneyGeneral, the Department's Executive Secretariat, and other Department offices in response to thisrequest. We have imaged these documents on CD 45, which we will produce when we areadvised by your technical staff of the Commission's format preferences.

    I hope that this information is helpful. Please do not hesitate to contact me if you wouldlike additional assistance regarding this or any other matter.

    Sincerely,

    William E. MoschellaAssistant Attorney General

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    KABEL NAME BOX NUMBER FRAME RANGE

    DOJ POSITION REGARDING POSSIBLE MODIFICATION DAG009OF NSEERS WITH RESPECT TO SAUDI ARABIA

    ARRIVALS IN THE UNITED STATES AND DAG009POSSIBILITIES OF ENHANCED SCRUTINYDRAFT FOR INS COMMISSIONER, FBI DIRECTOR, DAG009AND U.S. ATTORNEYS FROM THE DAG REGARDINGGUIDANCE FOR ABSCONDER APPREHENSIONINITIATIVELETTER FROM QUYNH VU ATTACHMENT GENERAL DAG009ACCOUNTING OFFICE FINAL REPORT HOMELANDSECURITY JUSTICE DEPARTMENTS PROJECT TOINTERVIEW ALIENS AFTER SEPTEMBER 11, 200120030609NSEERS ENFORCEMENT SUMMARY 20030408 DAG009OUTLINE PRESENTATION TALKING POINTS NATIONAL DAG009SECURITY ENTRY EXIT REGISTRATION SYSTEM

    OVERVIEW 20021210NSEERS COUNT AND COUNTRY LIST 20030110 DAG009NATIONAL SECURITY ENTRY/EXIT REGISTRATION DAG009SYSTEM OUTLINECONTINUATION OF NSEERS ENROLLMENT TALKING DAG009POINTS FOR 20021122 AND NSEERS SUMMARY AS OF20021028

    NSEERS PROJECT METRICS, APPREHENSION REPORT, DAG009AND NATIONAL SECURITY ENTRY EXIT

    REGISTRATION SYSTEM KEY ISSUES/CHALLENGES20030103LOS NSEERS DETAINEES 20030113 DAG009MAPPING LOCATIONS OF ALL 1-94 REGISTERED DAG00907/01/2002 -11/07/2002 FOR KUWAIT,MALAYSIA, EGYPT, JORDAN, BANGLADESH,PARAGUAY, AND INDONESIA

    0001 -0004

    0005 -0046

    0047 -0103

    0104 -0142

    0143 -01520153 -0154

    0155 -01570158-0160

    0161-0209

    0210 -0239

    0240 -02460247-0253

    Pagel DAG009

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    NAME BOX NUMBER FRAME RANGE

    f \S C R I M I N A L A L I E N A P P R E H E N S I O N LOG DAG009NATIONAL SECURITY ENTRY-EXIT REGISTRATION DAG009SYSTEM SUCCESSES AND STATISTICS 20030106 AND20030131

    0254 -02540255 -0261

    TALKING POINTS RE: NSEERS AND PAKISTANCONCESSIONS

    DAG009 0262 -0264

    NATIONAL SECURITY ENTRY-EXIT REGISTRATIONSYSTEM SUCCESSES AND STATISTICS 20030206

    DAG009 0265 -0265

    OUTLINE FOR NSEERS MESSAGE FOR INDONESIA DAG009DELEGATIONINS CUSTODY LIST DAG009DOJ FACT SHEET AN UPDATE ON DETENTIONS DAG009CONDUCTED BY THE JUSTICE DEPARTMENTFOLLOWING 9-11 20021211MEMO FOR THE DAG FROM GLENN FINE SUBJECT: DAG009RESPONSE TO THE OFFICE OF THE INSPECTORGENERAL REPORT ON THE TREATMENT OF SEPTEMBER11 DETAINEES 20030613

    0266 -0268

    0269 -0269

    0270 -0292

    0293-0300

    MEMO FOR LARRY THOMPSON FROM GLENN FINE DAG009SUBJECT OIG REVIEW OF SEPTEMBER 11 DETAINEES20020711

    METHODS OF ARRIVAL IN THE UNITED STATES ARE DAG009RECOMMENDATIONS FOR ENHANCED SCREENING

    0301 -0318

    0319-0326

    INTEGRATED ENTRY/EXIT SYSTEM STRATEGYPRESENTATION FOR HOMELAND SECURITY 20020328

    DAG009 0327 -0355

    THE UNITED STATES ENTRY EXIT PROGRAMHIGH-LEVEL PROGRAM OVERVIEW TO OFFICE OFHOMELAND SECURITY 20020611

    DAG009 0356 -0362

    \ HOMELAND SECURITY DEPUTIES COMMITTEE MEETING DAG009ALIEN ENTRY-EXIT SYSTEM 20020718

    0363 -0367

    Page 2 DAG009

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    .LABEL NAME BOX NUMBER FRAME RANGE

    BORDER CONTROL INITIATIVESTO KEEP OUT ORf \D T E R R O R I S T S AND MAJOR CRIMINALSDRAFT 20020130 ,'

    DAG009 0368-0392

    JOINT DEPARTMENT OF DEFENSE AND INS PLAN FORENHANCING SECURITY ALONG THE NORTHERNBORDER DRAFT XXXX1109

    DAG009 0393 -0399

    EXPLANATION OF FTO DEFINITIONPRESIDENTIAL PROCLAMATION ON SUSPENSION OFENTRY AS IMMIGRANTS AND NONIMMIGRANTS OFPERSONS WHO MAY ENDANG ER THE WELFARE,SAFETY, OR SECURITY OF THE UNITED STATES

    DAG009DAG009

    0400-04110412 -0424

    PROPOSALS FOR CONTROLLING THE BORDER20010921DAG009 0425 -0428

    DRAFT PRE-DECISIONAL CONTROLLING TH E BORDER. 20020311 DAG009 0429 -0489

    ft STUART LEVEY E-MAIL FROM LAUR A BAXTERREGARDING 20010919DAG009 0490 -0507

    ARRIVALS IN THE UN ITED STATES ANDPOSSIBILITIES OF ENHANCED SCRUTINY

    DAG009 0508 -0524

    LETTER FROM GREG JONES ATTACHMENT REVISEDINS/FBI DATA SHARING LANGU AGE 20010821 DAG009 0525 -0529

    ARRIVALS IN THE UNITED STATES ANDPOSSIBILITIES OF ENHANCED SCRUTINY ANDTEMPORARY ENTRY PROGRAMS

    DAG009 0530 -0559

    (^METHODS OF ARRIVAL IN THE U.S. AND^RECOMMENDATIONS FOR ENHANCED SCREENING

    DAG009 0560 -0569

    \ N P R E V E N T I N G T E R R O R I S T F R O MUENTERING THE U.S. DOCUMENTDAG009 0570 -0592

    a BORDER MANAGEMENT INSPROPOSALSFORCONTROLLING THE BORDER

    DAG009 0593 -0606

    Page3 DAG009

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    LABEL NAME BOX NUMBER FRAME RANGE

    frI

    INCREASED QUESTIONING OF FOREIGN TRAVELERS DAG009AT PORTS OF ENTRYMEMO FROM KENNETH WAINSTEIN REGARDING DAG009INTERVIEW REPORT 20020319MEMO FOR ALL U.S. ATTORNEYS ALL MEMBERS OF DAG009THE ANTI-TERRORISM TASK FORCE FROM DAGSUBJECT: GUIDELINES FOR THE INTERVIEWSREGARDING INTERNATIONAL TERRORISM20011109INS MISSION: REGULATE THE BORDER 20011119 DAG009

    0607-0615

    0616 -0629

    0630 -0637

    0638 -0669

    Page 4 DAG009

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    LABEL NAME BOX NUMBER FRAME RANGE

    HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-2 DOJ001SUBJECT: COMBATING TERRORISM THROUGHIMMIGRATION POLICIES 20011029

    LETTER FROM JANET RENO TO SAMUEL R. BERGER DOJOO1REGARDING ALIEN SMUGGLING CASES IN THESOUTHERN DISTRICT OF FLORIDA 19991001

    0001 -0004

    0005 -0005

    ACCEPTING TH E IMMIGRATION CHALLENGE TH EPRESIDENTS REPORT ON IMMIGRATION 1994XXXX

    D O J O O 1 0006 -0080

    MEMO FROM JOHN GORDON TO THE HEADS OFEXECUTIVE DEPARTMENTS A ND AGENCIES SUBJECT:IMPLEM ENTATION OF HO MELA ND SECURITYPRESIDENTIAL DIRECTIVE - 6 20031022

    DOJ001 0081 -0082

    HOMELAND SECURITY PRESIDENTIALDIRECTIVE/HSPD-6 SUBJECT: INTEGRAT ION ANDUSE OF SCREENING INFORMA TION TO PROTECTAGAINST TERRORISM 20030916

    DO O O 1 0083 -0086

    Page 1 DO O O 1

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    LABEL NAME BOX NUMBER FRAME RANGE

    f(CONTROL SHEET ATTORNEY GENERAL JOHN ASHCROFT EXS004TESTIMONY BEFORE THE HOUSE COMMITTEE ON THEJUDICIARY 20010924

    0001 -0005

    MEMO FROM THE AG TO ALL USATTORNEYSSUBJECT: INTERVIEWS REGARDING INTERNATIONALTERRORISM 20011109

    EXS004 0006 -0015

    MEMO FROM THE AG SUBJECT: TRAINING INCOUNTER-TERRORISM: FEDERAL, STATE, AND LOCALCOORDINATION 20011113

    EXS004 0016-0017

    MEMO FROM THE AG TO ALL USATTORNEYSSUBJECT: COOPERATION WITH STATE AND LOCALOFFICIALS IN THE FIGHT AGAINST TERRORISM20011113

    EXS004 0018 -0019

    CONTROL SHEET LETTER FROM ROBERT E. RUBIN TOJANET RENO REGARDING THE AG LETTER INVITINGTREASURY TO PARTICIPATE IN THEPREPARATIONOF THE INTER-DEPARTMENTAL COUNTER-TERRORISMAND TECHNOLOGY CRIME PLAN 19980317

    EXS004 0020-0023

    fCONTROL SHEET LETTER FROM WARNASENARASAPUTRAM TO JANET RENO ADVISING THAT THEHON. G.L. PEIRIS WILL BE MAKING AN OFFICIALVISIT TO WASHINGTON D.C. FROM 19980414 TO19980417 IN CONNECTION WITH THE WORLDBANK/IMF INTERIM MEETINGS 19980406

    EXS004 0024-0028

    Page 1 EXS004

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    1LABEL NAME BOX NUMBER FRAME RANGEMEMO FROM ELIZABETH FINE FOR THE AG SUBJECT:

    (\N BENEFITS FOR ALIEN WITNESSESAND INFORMERS 19940606

    EXS005 0001 -0003

    LETTER FROM SHERYL L. WALTER TO ORRIN HATCHTRANSMITS THE IMMIGRATION AND NATURALIZATIONSERVICES SEVENTH REPORT TO CONGRESS ON

    DETENTION AND RELEASE OF CRIMINAL AND OTHERALIENS 20010214

    EXS005 0004 -0050

    LETTER FROM ROBERT RABEN TO ORRIN HATCHTRANSMITS THE IMMIGRATION AND NATURALIZATIONSERVICES SIX REPORT TO CONGRESS ON

    DETENTION AND RELEASE OF CRIMINAL AND OTHERALIENS 20000512

    EXS005 0051 -0096

    MEMO FROM DORIS MEISSNER TO THE AG SUBJECT:PROPOSED RULE IMPLEMENTING TRANSITIONALRULES FOR CRIMINAL ALIEN DETENTION 19980224

    EXS005 0097 -0151

    MEMO FROM JAMES K. ROBINSONTO THE AGf, SUBJECT: ESTABLISHMENT OF ALIEN SMUGGLING

    TASKFORCE WITHIN THE CRIMINAL DIVISION20000118

    EXS005 0152-0155

    MEMO FROM JOHN C. KEENEY TO THE AG SUBJECT:REPORT OF ALIEN TERRORIST REMOVAL COURT(ATRC) TASK FORCE CONCERNING 18 MONTH REVIEWOF INTERIM PROCEDURES 19980219

    EXS005 0156-0226

    MEMO FROM SETH P. WAXMAN TO THE AG SUBJECT: EXS005STATUS OF REMOVAL OF ALIEN TERRORIST(GETBACKNO. 137 (1) (A) 19950107MEMO FROM INS COMMISSIONER TO THE AG EXS005SUBJECT: ADMINISTRATIVE DEPORTATION WITHOUTA HEARING BEFORE AN IMMIGRATION JUDGE19950201

    0227-0229

    0230-0249

    LETTER JANET RENO TO LOUIS J. FREEH RE: EXS005REMOVAL OF ALIEN TERRORISTS 19950224LETTER FROM LOUIS J. FREEH TO JANET RENO EXS005REGARDING AVIATION POLICY WORKING GROUP OF

    0250 -0258

    0259-0260

    Pagel EXS005

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    A ]LABEL NAME BOX NUMBER FRAME RANGETHE OFFICE OF INVESTIGATIVE AGENCY POLICIES(OIAP) BRIEFING ABOUT THE PROPOSED JUSTICEPRISONER AND ALIEN TRANSPORTATION SYSTEMS(JPATS) 19950313 'LETTER FROM LOUIS J. FREEH TO JANET RENO RE:REMOVAL OF ALIEN TERRORISTS 19950324

    EXS005 0261 -0263

    MEMO FROM JO ANN HARRIS TO THE AG SUBJECT:DEPORTATION OF CRIMINAL ALIENS 19950424

    EXS005 0264-0295

    MEMO FROM DORIS MEISSNER TO THE AG SUBJECT:ADMINISTRATIVE DEPORTATION WITHOUT A HEARINGBEFORE ANIMMIGRATION JUDGE 19950702

    EXS005 0296 -0348

    MEMO FROM STEPHEN R. COLGATE TO THE AG EXS005SUBJECT: REQUEST TO USE SUPER SURPLUSRESOURCES TO FUND THE REMOVAL OF ADDITIONALILLEGAL ALIENS IN 1995 19950505MEMO FROM BETH A. WILKINSON TO THE AG EXS005

    , SUBJECT: DEPORTATION OFALIENS INVOLVEDINTERRORISM 19950720

    0349 -0351

    0352 -0355

    LETTER FROM WILLIAM H. REHNQUIST TO JANETRENO DESIGNATING FIVE U.S. DISTRICT JUDGESTO COMPRISE THE UNITED STATES ALIENTERRORIST REMOVAL COURT 19960906

    EXS005 0356 -0357

    MEMO FROM JOHN C. KEENEY TO THE AG SUBJECT:ALIEN TERRORIST REMOVAL COURT 19970326

    EXS005 0358 -0366

    A MEMO FROM DORIS MEISSNER TO THE AG SUBJECT:/PROPOSED RULE IMPLEMENTING TRANSITIONAL

    RULES FOR CRIMINAL ALIEN DETENTION 19970502EXS005 0367 -0397

    MEMO FROM DORIS MEISSNER TO THE AG EXS005RECOMMENDING THAT THE AG SIGN THE ATTACHEDPROPOSED RULE REQUIRING ALIENS SUBJECT TO AFINAL ORDER OF REMOVAL TO SURRENDER TO THEINS FOR REMOVAL FROM THE U.S. 19970609MEMO FROM DANIEL S. SEIKALY TO THE AG EXS005SUBJECT: UPDATE ON ALIEN TERRORIST REMOVAL

    0398 -0459

    0460-0464

    Page 2 EXS005

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    LABEL NAME BOX NUMBER FRAME RANGE

    COURT CANDIDATE SELECTION PROCESS 19971125MEMO FROM DANIEL S. SEIKALY TO THE AGSUBJECT: CURRENT STATUS OF ALIEN TERRORISTREMOVAL COURT CANDIDATE SELECTION PROCESS19971218

    EXS005 0465 -0467

    MEMO FROM DORIS MEISSNER TO THE AG SUBJECT:OPERATION CRACKDOWN APPREHENSIONS 19941110

    EXS005 0468 -0484

    MEMO FROM ELIZABETH FINE TO THE AG SUBJECT:(/ IMMIGRATION-RELATED AMENDMENTS IN THE CRIME

    BILL 19940408EXS005 0485 -0488

    DELEGATION OF RESPONSIBILITY TO THEASSISTANT ATTORNEY GENERAL FOR THE OFFICE OFJUSTICE PROGRAMS FOR IMPLEMENTATION OF THESTATE CRIMINAL ALIEN ASSISTANCE PROGRAM19940930

    EXS005 0489 -0520

    MEMO FROM DORIS MEISSNER TO THE AG SUBJECT:REGULATION CHANGE TO THE VISA WAIVER PILOTPROGRAM (VWPP) REFERENCE TO ANDORRA,AUSTRIA, ITALY, MONACO, AND SAN MARINO19941025

    EXS005 0521 -0534

    MEMO FROM DORIS MEISSNER TO THE AG SUBJECT:REPORT TO CONGRESS ON THE VISA WAIVER PILOTPROGRAM 19941130

    EXS005 0535 -0558

    MEMO FROM MICHAEL D. CRONIN TO EXECUTIVE EXS005SECRETARIAT SUBJECT: REPORT TO CONGRESS -VISA WAIVER PILOT PROGRAM (DOJ EXEC SECCONTROL NUMBER 950321 8591) 19951006

    MEMO FROM CHRIS SALE TO VICKIE L. SLOAN EXS005SUBJECT: GAO FINAL REPORT: ILLEGAL ALIENS:DESPITE DATA LIMITATIONS, CURRENT METHODSPROVIDE BETTER POPULATION ESTIMATES(PEMD-93-25) 19931015EXECUTIVE SECRETARIAT CONTROL DATA SHEET EXS005

    0559 -0572

    0573 -0583

    0584 -0586

    Page 3 EXS005

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    LABEL NAME BOX NUMBER FRAME RANGE2MEMO FROM INS COMMISSIONER TO THE AG EXS005 0587 -0591SUBJECT: FINGERPRINT COST REDUCTION PROPOSAL19940325

    MEMO FROM DORIS MEISSNER TO THE AG SUBJECT: EXS005 0592 -0615FINAL RULE IMPLEMENTING THE IMMIGRATIONEMERGENCY FUND (INS # 1449) 19940520

    Page 4 EXS005

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    LABEL NAME BOX NUMBER FRAME RANGE

    MEMO TO THE ATTORNEY GENERAL FROM DORISMEISSNER SUBMITTING A PROPOSED AG ORDERSETTING FORTH RELEASE PROCEDURES FORLAWFULLY ADMITTED ALIENS CONVICTED OFAGGRAVATED FELONIES 19960502

    EXS006 0001 -0012

    LETTER FROM SETH WAXMAN TO THE ATTORNEYGENERAL ATTACHING A PROPOSED LETTER TO THEDIRECTOR OF THE FBI CONCERNING REMOVINGALIEN TERRORIST WHO ARE NOT LEGALLY IN THECOUNTRY 19950224

    EXS006 0013 -0021

    LETTER FROM LOUIS FREEH TO THE ATTORNEYGENERAL REGARDING THE DEPORTATION OF ALIENSINVOLVED IN TERRORISM 19950324

    EXS006 0022 -0024

    MEMO FOR THE ATTORNEY GENERAL FROM BETHWILKINSON RESPONDING TO THE REQUEST FOR INFOCONCERNING FBI/INS PROGRAM TO DEPORT ALIENSINVOLVED IN TERRORISM 19950720

    EXS006 0025 -0028

    MEMO TO THE ATTORNEY GENERAL FROM DANIELSEIKALY RESPONDING TO REQUEST FOR AN UPDATEON ALIEN TERRORIST REMOVAL COURT CANDIDATESELECTION PROCESS 19971125

    EXS006 0029 -0033

    fMEMO TO THE ATTORNEY GENERAL FROM DANIELSEIKALY RESPONDING TO INQUIRY REGARDING THECURRENT STATUS OF THE ALIEN TERRORISTREMOVAL COURT CANDIDATE SELECTION PROCESS19971218

    EXS006 0034 -0036

    MEMO FOR THE ATTORNEY GENERAL FROM DORISMEISSNER REGARDING THE AFTER ACTION REPORTFOR THE OPERATION CRACKDOWN INS CRIMINALALIEN APPREHENSION AND REMOVAL INITIATIVE19941110

    EXS006 0037 -0053

    LETTER TO THE CHAIRMAN AND RANKING MINORITYMEMBER OF THE HOUSE AND SENATE JUDICIARYCOMMITTEE, SUBCOMMITTEE ON IMMIGRATION,TRANSMITTING INS THIRD REPORT TO CONGRESS ONDETENTION AND RELEASE OF CRIMINAL AND OTHER

    EXS006 0054 -0089

    Page 1 EXS006

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    ^

    f r

    LABEL NAME BOX NUMBER FRAME ANGE

    ALIENS 19980507CONTROL DATA SHEETS FOR MEMO FROM CHRIS SALE EXS006 0090 -0092TO ASG ATTACHING A PROPOSAL REGARDING THENATIONAL CRIMINAL ALIEN TRACKING CENTER19930924MEMO TO THE ATTORNEY GENERAL FROM DORIS EXS006 0093 -0097

    ( r t MEISSNERADVISING OF A RECENTLY ESTABLISHEDV INSPOLICY REGARDING FINGERPRINTING ALIENS

    WHICH MAY ADVERSELY AFFECT ANOTHER COMPONENTOF DOJ 19940325

    MEMO TO THE ATTORNEY GENERAL FROM DORIS EXS006 0098 -01210MEISSNER SUBMITTING A FINAL RULEIMPLEMENTING THE IMMIGRATION EMERGENCY FUND19940520MEMO TO THE ATTORNEY GENERAL FROM LAURIE EXS006 0122-0133ROBINSON SUPPLEMENTING PREVIOUSLY SUBMITTED

    ' INFO REGARDING ALIENS IN THE CRIMINALJUSTICE SYSTEM 19940810MEMO TO THE ATTORNEY GENERAL FROM ELIZABETH EXS006 0134-0137|> FINE PROVIDING INFO ON IMMIGRATION RELATEDAMENDMENTS/PROVISIONS IN THE SENATE CRIMEBILL 19940408MEMO TO THE ATTORNEY GENERAL FROM DORIS EXS006 0138 -0192MEISSNER RECOMMENDING TO APPROVE THE

    1 ATTACHED PROPOSED RULE IMPLEMENTINGPROCEDURES FOR THE DETENTION AND RELEASE OFCRIMINAL ALIENS BY THE INS AND CUSTODYREDETERMINATIONS BY EOIR 19980224

    LETTER TO THE ATTORNEY GENERAL FROM ELEANOR EXS006 0193 -0321G| CHELIMSKY COPIES OF GAO DRAFT REPORT1 ENTITLED ILLEGAL ALIENS 19930323

    \\y MEMO TO THE ATTORNEY GENERAL FROM MARY ANN EXS006 0322-0418V\H RECOMMENDING THAT THE AG APPROVE AND

    SIGN THE ATTACHED PROPOSED FINAL RULE FORIMPLEMENTATION OF PERMANENT PROCEDURES FOR

    Page 2 EXS006

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    ABEL NAME BOX NUMBER FRAME RANGECUSTODY REVIEWS OF POST ORDER DETAINEES20001204MEMO TO THE ATTORNEY GENERAL FROM DORIS EXS006 0419 -0510MEISSNER RECOMMENDING TO APPROVE AND SIGNTHE ATTACHED PROPOSED REGULATION FORIMPLEMENTATION OF PERMANENT PROCEDURES FORCUSTODY REVIEWS OF POST-ORDER DETAINEES20000419

    Page 3 EXS006

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assis tant Attorney General Washington, D. C. 20530

    December 9, 2003

    Dan Marcus, General CounselNational Commission on Terrorist AttacksUpon th e United States2100 K Street, N W , Suite 30 0Washington, DC 20036Dear Mr. Marcus:

    This responds to the Commission's Document Request No. 9 to the Department, whichrequested documents in 17 itemized categories.Enclosed are 276 pages of documents that were provided by the Department's ExecutiveSecretariat and the Office of the Deputy Attorney General in response to this request. We haveimaged these documents on CD 55, which will be produced when we are advised by yourtechnical staff of the Commission's format preferences.We have 77 pages that were provided by the Executive Secretariat, in which theDepartment has significant confidentiality interests because they are deliberative in character and

    contain advice and recommendations that would not usually be disclosed outside of theExecutive Branch. We are prepared to make these documents available fo r review byCommission staff at the Department pursuant to our confidentiality agreement regarding thesetypes of materials.I hope that this information is helpful. Please do not hesitate to contact me if you wouldlike additional assistance regarding this or any other matter.

    Sincerely,

    I t .William E. MoschellaAssistant Attorney General

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assistant Attorney General Washington, D. C. 20530

    December 5, 2003

    Dan Marcus, General CounselNational Commission on Terrorist AttacksUpon the United States2100 K Street, NW , Suite 30 0Washington, DC 20036Dear Mr. Marcus:

    This responds to the Commission's Document Request No. 9 to the Department, whichrequested documents in 17 itemized categories.Enclosed are 1540 pages of documents that were provided by the Department's ExecutiveSecretariat and the Criminal Division in response to this request. We have imaged thesedocuments on CD 53, which will be produced when we are advised by your technical staff of the

    Commission's format preferences.We have 43 pages that were provided by the Executive Secretariat, in which theDepartment has significant confidentiality interests because they are deliberative in character and

    contain advice and recommendations that would not usually be disclosed outside of theExecutive Branch. We are prepared to make these documents available fo r review byCommission staff at the Department pursuant to our confidentiality agreement regarding thesetypes of materials.I hope that this information is helpful. Please do not hesitate to contact me if you wouldlike additional assistance regarding this or any other matter.

    Sincerely,

    William E. MoschellaAssistant Attorney General

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assistant Attorney General Washington, B.C. 20530

    Novem ber 10, 2003Dan Marcus, General CounselNational Commission on Terrorist A ttacksUpon the United States2100 K Street, NW, Suite 300Washington, DC 20036Dear Mr. Marcus:

    This responds to the Comm ission's Docum ent Request No. 9 to the Department, whichrequested documents in 17 itemized categories.

    Enclosed are 1206 pages that were provided by the Off ice of the A ttorney General, theCriminal Division, and the De partme nt's Executive Secretariat in response to this request. Wehave imaged these doc uments on CD 41, which we will produce when we are advised by yourtechnical staff of the Comm ission's form at prefere nces.We also have 71 pages provided by the Exe cutive Sec retariat in which the Department

    has substantial conf identiality interests because they are deliberative in character and containadvice and recom mendations that would not usually be disclosed o utside of the ExecutiveBranch. We are prepared to make these docume nts available for review by Commission staff atthe Department pursuant to our confidentiality agreement regarding these types of materials.

    I hope that this infor mation is he lpful. Please do not hesitate to contact me if you wouldlike additional assistance regarding this or any other matter.Sincerely,

    William E. MoschellaAssistant A ttorney General

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    U.S. Department of JusticeOffice of Legislative Affairs

    Off ice of the Assistant Attorney General Washington, B.C. 20530

    Dec embe r 2, 2003

    Dan Marcus, General CounselNational Comm ission on Terrorist AttacksUpon the U nited States2100 K Street, NW, Suite 300Washington, DC 20036Dear Mr. Marcus:

    This responds to the Commission's Document Request No. 9 to the Department, whichrequested docum ents in 17 itemized categories.Enclosed are 1221 pages of docume nts that were provided by the Departme nt's Exe cutiveSecretariat and the Criminal Division in response to this request. We h ave imaged thesedocuments on CD 51, which will be produced whe n we are advised by your techn ical staff of theCommission's format preferences.We have 91 pages that were pro vided by the Exec utive Secre tariat, in which th eDepartment has significant co nfide ntiality interests because they are deliberative in character andcontain advice and recom men dations that would not usually be disclosed outside of theExecutive Branch. We are prepared to make these docum ents available for review byCommission staff at the Department pursuant to our c onfide ntiality agreement re garding thesetypes of materials.I hope that this info rmation is helpful. Please do not hesitate to contact me i f you wouldlike additional assistance regarding this or any other matter.

    Sincerely,

    William E. Mosch ellaA ssistant A ttorne y G eneral

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    U.S. Department of Justice

    Federal Bureau of Investigation

    W a s h i n g t o n , D. C. 20535-0001November 26, 2003

    Daniel Marcus, General CounselNational Commission on Terrorist Attacks Upo n th e United StatesSuite 3002 1 0 0 K S t r e e t , N . W .Washington , D.C. 20036RE: Com mission 's Request fo r DocumentsDear M r. Marcus:

    In response to the Comm issions R equest fo r Documents, please find th efollowing:Documents responsive to Document R equest 3 Supplemental #2-q;Docum ents responsive to Document R equest 3 Supplemental #3-e - 4 Packets;Documents responsive to Document Request 13-14;Documents in response to Miscellaneous Request #12-(Listing of Victims -Flight 93 , Pentagon & New York) - 3 Packets;Digitized Copies of Documents in response to Miscellaneous Request #12 above.

    This is part of the FBI's rolling production an d thus may be supplemented in thefuture. Should yo u have any questions, please do not hesitate to contact me at 202-324-9613.Sincerely,

    Robert S. SintonAssistant General Counsel

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assistant Attorney General Washington, D.C. 20530

    November 20,2003

    Dan Marcus, General CounselNational Commission on Terrorist Attacks

    Upon the United States2100 K Street, NW, Suite 300Washington, DC 20036Dear Mr. Marcus:

    This responds to the Commission's Document Request No. 9 to the Department, whichrequested documentsin 17 itemized categories.

    Enclosed are 166pages of classified documents that were provided by the Office of theDeputy Attorney General and the Department's Executive Secretariat in response to this request.Some of these documents also may be responsive to the Commission's Document Request No. 2to the Department. We are providing them with the understanding that they will be stored andhandled in accordance with established requirements relating to their classification.

    We have 447 pages that were provided by the Office of the Deputy Attorney General, theDepartment's Executive Secretariat, and other Department offices in response to this request,including 42 pages of classified material. The Department has significant confidentialityinterests in these materials because they are deliberative in character and contain advice andrecommendations that would not usually be disclosed outside of the Executive Branch. We areprepared to make these documents available for review by Commission staff at the Departmentpursuant to our confidentiality agreement regarding these types of materials.

    I hope that this information is helpful. Please do not hesitate to contact me if you wouldlike additional assistance regarding this or any other matter.

    Sincerely,

    William E. MoschellaAssistant Attorney General

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    U.S . Department of Jus t ice

    F e d e r a l B ur e a u o f I nve s t i ga t i o n

    W a s h i n g t o n , D. C. 20535-0001

    November 20 , 2003Daniel Marcus, General CounselNational Com mission on Terrorist Attacks U pon the United StatesSuite 3002 1 0 0 K S t r e e t , N . W .Washington, D.C. 20036RE: Comm ission's Request for Docume ntsDear M r. Marcus:

    In response to the Com missions Request for Documents, please find th efol lowing:Docum ents responsive to Docum ent Request 3 Supplem ental #2-q -4 Packe ts;Documents responsive to Document Request 5-9a; Docum ents responsive to Docum ent Request 13-7;Documents responsive to Document Request 13-8; Documents responsive to Document Request 13-13;Documents responsive to Docum ent Request 13-16 & 17-2 Packets.This is par t of the FB I 's ro l l ing production and thus may be supplem ented in thefuture. Should you have any questions, please do not hesitate to contact me a t 202-324-9613.

    Sincere ly,

    Rober t S. SintonAssis tant Genera l Counsel

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    M y .U.S. Department of Justice ft JW@ yQ f fyOff ice of Legislative Affairs

    Office of the Assistant Attorney General Washington, D. C. 2053 0 f f IxLc*

    January 6, 2004

    Dan M arcus, General CounselNational Comm ission on Terrorist A ttacksUpon the United States2100 K Street, NW , Suite 30 0Washington, DC 20036

    Dear M r. Marcu s:This respo nds to the Commission's Doc ume nt Reque st No. 9 to the D epartment, whichrequested documents in 17 itemized c ategories.Enclosed are 9 pages that were provided by the Off ice of the Attorney General inresponse to this reque st, whic h we previously provided to your staff before they ha d beenformally processed. These versions bear the Bates numbe ring stamps, consistent with our usualproduction practice, and they have been imaged on CD 59, which will be produc ed when w e areadvised by your technical staff of the Commission's format preferences.I hope that this info rmation is helpful. Please do not hesitate to co ntact m e if you wo uldlike additional assistance regarding this or any other m atter.

    Sincerely,

    William E. MoschellaAssistant Attorney General

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    ^ttornerjuB. (S. 2D530 . ?_

    Tbrvary 28> 2003

    Hono rable Thomas J. Ridge b 5"f*SecretaryU.S. Department of Homeland Security3801 Ne braska Avenue , NWWashington, DC 20528Dear Secretary Ridge:

    Pursuant to the Homeland S ecurity Act of 2002, Public Law No. 107-297, as amended,andthe President's Department of Ho meland S ecurity Reorganization Plan of N ovember 25,2002,March1 of this year marks the formal transfer of immigration enforcement an d citizenship an d benefitsprocessing responsibilities from the Immigration and Naturalization Service (INS) to the Department ofHomeland S ecurity. I kno w that staff from the Departmen t of Justice and the Departmen t of HomelandSe curity have been working assiduously to effectuate a smooth transition, and I thank you fo r theattention that yo u have given to these matters.

    I write today to call your attention to the major policy and regulatory initiatives currently beingimplemented by the Immigration and Naturalization S ervice, unde r the capable leadership of ActingCommissionerMichael Garcia, hi my judgment, these programs and initiatives are critical to theprotection ofAmerica's security and the safety of her people and thus warrant attention to ensure theirsuccessful implementation, hi addition, this letter describes regulations that either have been underreview at the Office of Management and Budget (O MB) or are in the process of being finalized. I urgeyou to move forward with these re gulatory re forms, all of which are critical to securing our borders andrestoring the rule of law in the immigration arena-Recent Initiatives in Implementation

    1. National Security Bn1ry~Exit Registration System fNSEERSX The Department of Justicehas implemented a coordinated registration system for certain n onimm igrant aliens in response tovulnerabilities in our immigration hews that were exploited by the September 11terrorists, hi August,2002,1published the final rule to implement the NSEERS program, which is the critical first step indeveloping the comprehensive entry-exit system required by Congress in 2005. NSEBRS becameoperational at all ports of entry on October 1,2002. Arriving aliens subject to "special registration"under NSEERS aresubject to three basic requirements: (1) at theport of entry, they must befingerprinted and photographed and must provide detailed information about their personal history and

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    Honorable Thomas).RidgeSecretaryU.S. Department of Homeland Securitythe purpose of their visit to the United Stales, (2) those whostay more than 30 days must appear inperson before an immigration officer 30-40 days after their arrival to verity their personal information,and annually thereafter while they remain in th e United States, and (3) they must confirm theirdepartures with immigration officers when they leave theUnited States. Additionally, certainnoairrnnigrant aliens already present in 1he United States have been required to register in person inresponse to aseries of public notices. NSEBRShas already yielded impressive success-eightsuspected terrorists have been apprehended, 525criminals, prior deportees, and other lawenforcement threats have been stopped at the ports of entry, and 42 serious felons havebeen detainedin the domestic enrollment phase of the program. The enforcement phase of NSBERS began inJanuary 2003,with violators being apprehended andplaced in removal proceedings. 1believe that it isimportant to send a message that immigration authorities intend to enforce NSEERS requirementsvigorously, and I encourage you to continue this approach.

    2. Absconders. The Department has coordinated we efforts of the INS and federal lawenforcement agencies to identify and locate aliens who have absconded after receiving final orders ofdeportation or removal. To ja**, the names and identifiers of 4,831 of absconders have been entered.into the National Crime Information Index (NC1Q to faciliaie their apprehension and final deportation.Thus tar, 2,783 absconders have been apprehended. However, more needs to be done to make thisinitiative effective. The INS has been entering newnames into NCIC at an unacceptabry slow rate.Indeed, the number of absconders has been increasing faster than names arc being entered into NCIC.Toassist you as you address this issue in the months ahead, I will direct the NCJC's Advisory PolicyBoard to facilitate the entry of more absconders into NCIC.

    3. Student and Exchange Visitor Information System fSEVIS). The INS recently implementedthe SEVIS program togather mfonnatioji from schools and exchange programs regarding the aliens whocome to the United States as students and exchangevisitors. This system will provide currentinformation on all students and exchange visitors to monitor their compliance with the terms of their visas.The INS has also implemented a requirement for certification ofschools prior to their enrollment inSEVIS. However, a new SEVIS fee rule, which will generate the funds necessary for the enforcementof the SEVIS rules, has not yet been approved by the Office of Management and Budget, despite theDepartment's efforts, h is crucial mat adequate resources be obtained for proper enforcement of misprogram.

    4. Entry-Exit System. Efforts are continuing to implement the Congressional mandate for aneffective entry-each documentation system at our borders by 2005. As noted above, theDepartment ofJustice began by developing the National Security Entry-Exit Registration System (NSEERS), which hasregistered over 82,000 aliens thus far. Theentry andexit processing ofNSEBRS will eventually be

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    Honorable Thomas J. RidgeSecretaryU.S. Department of Homeland Securityfolded into the comprehensive entry-exit system when it is deployed. Tieother "special registration-procedures of NSEERS should be left inplace for those aliens who pose elevate security risks. Theimplementation of the comprehensive entry exit system has been proceeding,with initial testing at pilotsites to occur in the near future. As you know, the Department of Justice has stressed that thecomprehensive entry-exit system must be configuredrobustly,with fingerprint biometrics required of ailaliens and with biometric confirmation of identity at departure.

    2. IDENT/IAFIS Integration and Deployment. Great progress has been made toward the fullintegration of INS'S IDENT fingerprint database and the FBI's IAFIS fingerprint database,with morethan 100,000 files of alien criminals added to the IDENT database. The use of this consolidateddatabase of convicted criminals,wanted felons, and immigration law violators by the Border Patrol, andat secondary inspections,has led to the arrest of more than 4,500 aliens wanted for a variety of offenses,including homicide, rape, and drug crimes, since January 1,2002. This integration process is not yetfinished; it requires an end-to-cnd business approach and the FBI and the INS have been developinginteroperability with that goal in mind. Inaddition, the use of emerging technologies (such as "slap ten"fingerprint extraction) is being evaluated. We look forward to working with you on this project in thefuture.Regulatory Actions

    The Department of Justice has drafted regulatory reforms affecting the immigration andnaturalization responsibilities now being transferred to the Department of Homeland Security- I urge yuto complete these reforms as quickly aspossible. Several are critical to the security of the Americanhomeland-especially the B visa rule. Departmentof Justice personnel will be ready and willing to assistyou in moving these regulations forward.

    A. gyles That Are Ready for Final Pufrfif Sitjvn1. The B Visa. Eighteen of the nineteen hijackers of September 11,2001, used B visas to enterthe country. For yean, the B visa hasbeen an extremely permissive vehicle that aliens have been able to

    exploit in gaining admission to the United States. The greatest problem with it is that Bvisitors aregivena default admission period of six months, even if their purported plans in the United States only require asingle month. This draft rule would ensure that nonimmigrant visitors for business (B-l) or for pleasure(B-2) would be admitted only for the period of time needed for the completion of their visit, from a 30-day minimum up to a maximum period of six months. It would also allow those aliens whorequire alonger period of stay to seek an extension without restriction, as long as they continue to satisfy therequirements for B nonimmigrant status. Although thegreat majority of B visitors depart after a relatively

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    Honorable Thomas J.RidgeSecretaryU.S. Departmentof Homeland Securityshort stay, th e rule takes account of a variety of circumstances -where a B nonimmigrant might need alonger period of admission to complete the purpose of their visit The Department of Justice views thisregulatory changeascrucial in making our immigrationrules less susceptible to abuse by terrorists.

    2. Asvlum Procedures. The Department of Justice has developed a role to clarify theprocedural aspects and definitions for the adjudication of applications for asylum and withholding ofremoval. This rule would implement, in part, a set of proposals published by fonner Attorney GeneralReno in 2000, although the role would reserve for future consideration other aspects of thoseproposedrules, including the definition of "particular social group." The Department of Justice will work with theDepartment of Homeland Securityjointly to finalize this rule.

    3. Electronic Signature. This rule allowing for the electronic submission and verification ofapplications andpetitions will serve as the foundation for an overhaul of the customer service aspectsofthe immigration' adjudicatory process. This reform is important in making the transition tointernet-based application procedures.

    4. SHVIS Fee Rule. As discussed above, the Department of Justice has sought OMB approvalfor die implementation of the fee authorized by Congress to fund the necessary efforts to implementtheSEVIS program and to ensure the accuracy and integrity of the information collected. This role willensure that SEVIS implementation and enforcement efforts are adequately funded.

    B. OtherRegulatory Reforms that are Nearine Complefa'on.The Department of Justice has also been working to draft and coordinate the development of

    many other immigration-relatedinitiatives to improve the effectiveness of the enforcement process andthe timeliness of the delivery of immigration services. These are among the most important initiatives:1. Surrender Rulg. Last spring, the Department of Justice published a proposed rule to ensure

    that allaliens who are in pending removal proceedings are aware of their legal obligation tosurrenderfor removal if andwhen they become subject to a final order of removal. For too long, large numbersof aliens have reached the end of the administrative bearing process only to abscond when they arefinally ordered removed, and then to wait in hiding until lome other immigration opportunity might arisein the future. Under this rule, an alien who fails to surrender as required, after having received clearnotice of the obligation to surrender, would be barred from obtaining discretionary relief from removalfor the remainder of the time they remain present in the UnitedStates and for a period of 10 yearsthereafter. Werecommend that the Department of Homeland Security add to the final rule aprovisiongiving timely notice tobond companies of such surrender obligations. This role raises important issues

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    Honorable Thomas J. RidgeSecretaryU.S. Department of Homeland Securityrelating to the integrity of the removal process, and the Department of Justice will be pleased toworkclosely with the Department of Homeland Security to finalize this rule in the near future.

    2. 'Notification of Change of Address, The Departmentof Justice has also published aproposed rule to ensure that all aliens who filed applications for immigration benefits are awareof theirstatutory obligation to provide a current address at all times, and to make clear that the government willbe able to contact the alien by mail at the most recent address provided by the alien for all purposesunder the immigration laws, including the service of papers seeking the removal of thealien should thatever prove to be necessary. This rule is intended to avoid the kind of conduct exemplified by the alienin Matter ofG-Y-R-, 23 I&N Dec. 181 (BIA 2001), where an alien had filed an application for asylumbut failed to provide any updated address for a period of four years, and could not be located when thegovernment later tried to initiate proceedings for removal. The Department of Justice will be pleased towork with the Department of Homeland Security to finalize this rule in the near future.

    3. Duration of Status of CertainNonimmijmmts. Under present standards, most nonimmigrantaliens are admitted for a fixed period of admission, depending on the purpose of their stay, but foreignstudents and exchange visitors and certain other aliens are admitted to the United States for "duration ofstatus" rather than fora fixed period. Although this flexible approach takes account of the particularneeds of these nonimmigrant aliens, it also raises concerns relating to the relatively open-ended periodof admission in certain contexts. The Department of Justice has developed a rule to provide for a fixedinitial period of admission to certain nonimmigrantstudent and exchange visitors, in response to thoseconcerns. Aliens admitted fora fixed period of admission - with the availability of extensions of stayasneeded for eligible aliens - would thenbogoverned by the same kind ofprocedures relating todetermining the period of stay that apply for all other categories of nonimmigrants. The Office ofHomeland Security has expressed support for pursuing this regulatory change. The Department ofJustice is committed to this reform aad stands ready to assist you.

    4. Abandonment of Lawful PermanentResident Status. Under established principles,an aliencan be found to have abandoned lawful permanent resident status by remaining outside the UnitedStates for an extended period of time or by other actions that evince an intent to sever the alien's status.However, the current regulations provide for the adjudication of issues relating to abandonment only atthe time such en alienseeks to re-enter the country. Accordingly, the Department of Justice hasworked to develop a procedure to determine the status of an alien who has long remained outside theUnited States or whobaa otherwise violatedhis orhet status, without having to wait until the alienreturns to the United States. The Department of Justicewill bepleased to work with the DepartmentofHomeland Security to finalize this rule in the near future. .

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    Honorable Thomas J. RidgeSecretaryU.S. Department of Homeland Security

    5. Transit Without Visa Program. The Departmentof Justice has worked to develop for finalclearance several regulatory actions to deter abuse of the transit without visa (TWOV) program.Although this program provides a greatbenefit to international travelers and to the United States, it isalso subject to abuse by alienswho would take advantage of it to bypass the normal visa scrutinyprocess so that they CM enter the United Stales md remain illegally. The Department of Justice hasworked in close coordination with the DepartmentofState on this issue. This rule changeis ready forruialization, and I encourage you to do so at the earliestpossible date.

    6. "Mail Order Brides." TheDepartmentof Justice has developed a rule to implement astatutory provision requiring international matchmaking organizations to provide, to all persons beingsolicited by the organization as mail order brides, a full set of information relating to the immigrationlaws and other laws to protect such persons from abuse. The Department of Justice is willing to assistthe Department of Homeland Security as it proceeds to implement this statutory provision.

    7. LIFE Family Unity. The Department of Justice has developed regulations to implementdiefamily unity protections for qualifying relatives who have been granted legalized status under tbeprovisions of the LIFE Legalization program. This program was enacted by Congress to resolve someof the lingering issues arising from the legalization process administered is the late 1980s. TbeDepartmentof Justice iswillingto assist the.DepartmentofHomeland Security onthis matter.New and Continuing Initiatives under Development

    1. Bond Reform. The Departmentof Justicehas developed and presented to ActingCommissionerGarcia a proposal to reform thecurrent immigration bond process. Thebond reformwould provide incentives for illegal aliens to appearfor removal and would deter those whoseek toviolate the immigration laws. It would also reduce the manpower needed for enforcement of bondcontracts and locating aliens who fail to surrender. Included in the proposal is a suggestion to commit,in the short term, more resources to detention space. Also included is a.suggestion that a greaternumber of aliens be detained upon the entry of a final removal order, consistent with the observations oftheOffice of theInspector General (OJO) in a recent report Finally, the bond reform would improvethe way in which surety companies do business to make them more accountable to the INS, includinggiving bond companies the option ofmitigating bond breaches byproducing absconding aliens andrecovering aportion of the bond amount I urge you to move forward with these reforms in anexpeditions manner. Until these issues are resolved, the abgconder problem will continueto grow.

    2. Information System Integration. The Department of Justice has added over 6.5 millionrecords to the State Department's CLASS system to permit better review of visa applications by

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    Honorable Thomas J. RidgeSecretaryU.S. Department of Homeland Securityconsular officers. As note above, the IDENT and 1AF1S systems are in theprocess of being moreclosely integrated. Such efforts need to continue, so that die sharing of data and the transfer ofimportant national security information can occur rapidly and seamlessly.

    3, Section 306 Implementation. Section 306 of the Enhanced Border Security Act (EBSA) of2002 (Pub. L. 107-173,May 1 4, 2002) states:

    [N]o nonimmigrant visa . .shall be issued to any alien from a country that is a state sponsor ofinternational terrorism unless the Secretary of State determines, in consultation with theAttorney General and the heads of other appropriate United States agencies, that such aliendoes notpose a threat to the safety ornational security of the United States. In making adetermination under this subsection, the Secretary of State shall apply standards developed bythe Secretary of State, in consultation with the Attorney General and the heads of otherappropriate United States agencies, that are applicable to th e nationals of such states.

    The Department of State (DOS) and the Department ofJustice have had conflicting views aboutwhether the new law imposes new requirements on visa processing. The Department of Justicebelieves that Section 306 is not yet being implemented in lull compliance with Congress's intentThousands of aliens from the relevant countries have been issued visas since the Act was passed Welook forward to working with you on this matter in the months ahead.

    4. Alabama MOA Un,dq" ig'rti'OT287f g > . In 2002, the State of Florida signed a memorandumof agreement (MOA) under Section 287(g) of the Immigration andNationality Act ThisMOAprovided for the special training of 35 Florida police officers in immigration law enforcement. Those 35officers have assisted the INS in enforcing immigration laws in Florida, with notable success. Recently,the State of Alabama has asked the Department ofJustice to conclude a'Section 287(g) MOA, whichwould provide similar training and authority to its law enforcement officers. The Department of Justicehas entered into discussions with Alabama on the subject, and we encourage the Department ofHomeland Security to reach a final agreement with Alabama andsign this MOA.

    5. Entering TIPOFF Data into NCTC and Denying ftfmmmg to TIPOFF Subiectp, On April11 ,2002, 1 directed Department components to include terrorist information from the DepartmentofState's TIPOFF system in the FBI'sNational Crime Information Center (NCIQ. Although theTIPOFF system has proven quite effective in denying most of these known or suspected terroristsadmission, for a variety of reasons, some of them mayhave escaped detection and entered the UnitedStates. Regardless of the means of entry, there are reasonable grounds to believe that such an alien isengaged in or is likely to engage in terrorist activity, which is a basis for inadmissibility under8 U.S.C.

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    Honorable Tbomas J. RidgeSecretaryU.S. Department of Homeland Security1182(aX3)(BXi)(II). Therefore, I urge the Department ofHomeland Security to continue theDepartment of Justice's efforts to remove 1TPOFF subjects from dieUnited States and to denyadmission to all TIPOFF subjects in the firture, except in cases-where an individual's admissionfacilitates a law enforcement operation.Continuing Role of the Immigration Judges and the Board o f Immigration Appeals

    As the Department of Justice prepares for the transfer of immigration enforcement andbenefitsfunctions to the Department of Homeland Security, we note the important and continuing role that theimmigrationjudges and the Board of ImmigrationAppeals play in the removal process. Congress hasprovided that the ExecutiveOffice for Immigration Review, comprising the immigration judges and theBoard aswell as administrativelawjudges hearing certain civil penalty cases, will remain in theDepartment of Justice under the direction of the Attorney General.

    This division of responsibility for the removal ofaliens, while enhancing the independence of theadjudicatory function from the immigration enforcementfunction, -will present many legal and practicalchallenges forboth Departments. Indeed, many of the initiatives discussed above - relating to asylum,surrender, changes of address, andabandonmentofpermanent resident status, among others - have aitintegral impact with respect to removal proceedings andwill need to be closely coordinated betweenthe Departments in order to ensure their proper implementation. The immigration judges haveindependent jurisdiction over asylum, adjustment of status, and many other forms of relief from removal.

    The Department of Justice will be working actively in the weeks andmonths ahead to developfurther improvements in the process of hearings and appeals in cases conducted before theimmigrationjudges. As with the reforms to the Board's review procedures that were implemented last year, thegoal will be ensure a fair procedure fo r the adjudication of all immigration-rdatedmatters while avoidingopportunities for abuse or unnecessary delays.

    Ilook forward toworking with you to face the challenges ahead as we continue to build a moreeffective and efficient immigration system. The Department of Justice stands ready to assist you in anyway that we can.

    Sincerely,

    John Ashcroft

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    Honorable Thomas I. RidgeSecretaryU.S. .Department of Homeland Securitycc: AsaHwcbinson

    Department of Homeland SecurityMichael GarciaDepartment of Homeland SecuritySteve AbbottHomeland Security AdvisorWhite House

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assistant Attorney General Washington, D.C. 20530

    January 14, 2004

    Dan Marcus, General CounselNational Commission on Terrorist AttacksUpon the United States2100 K Street, NW, Suite 300Washington, DC 20036

    Dear Mr. Marcus:This responds to the Commission's Document Request No. 9 to the Department, whichreque sted documents in 17 itemized categories.Enclosed are 49 pages that were provided by the Departmen t's Execu tive Secretariat inresponse to this request, which have been imaged on CD 60, which will be produced whe n w eare advised by your technical staff of the Com mission's format preferences.W e also have 40 pages that were provide d by the Exec utive Secretariat, in which th eDepartment has significant confidentiality interests because they are deliberative in character and

    contain advice and recom men dations that wou ld not usually be disclosed outside of theExecutive Branch. We are prepared to make these do cuments available for review byCommission staff at the Department pursuant to our con fiden tiality agreement regarding thesetypes of materials.I hope that this information is helpful. Please do not hesitate to contact me i f you wouldlike additional assistance regarding this or any other matter.

    Sincerely,

    William E. MoschellaAssistant Attorney General

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    U.S. Department of JusticeOffice of Legislative Affairs

    Office of the Assistant Attorney General Washington, D.C. 20530

    March 5,2004

    Dan Marcus, General CounselNational Commission on Terrorist Attacks

    Upon the United States2100 K Street, NW, Suite 300Washington, DC 20036Dear Mr. Marcus:

    This supplements our prior responses to the Commission's Document Request No. 9 tothe Department, which requested documents in 17 itemized categories.

    Enclosed are 431 pages of documents that were provided by the Department's CivilDivision in response to Item 8 of this Request. They will be imaged on CD 70, which will beproduced when we are informed of the Commission's format preferences.

    W e have an additional 20 pages that were provided by the Civi l Division, in which th eDepartment has significant confidentiality interests because they are deliberative in character andcontain advice and recommendations that would not usually be disclosed outside of theExecutive Branch. We are prepared to make these pages available for review by Commissionstaff at the Department pursuant to our confidentiality agreement regarding these types ofmaterials.

    I hope that this information is helpful. Please do not hesitate to contact me if you wouldlike additional assistance regarding this or any other matter.

    Sincerely,

    William E. MoschellaAssistant Attorney General

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    U .S . Depar tmen t o f Jus t i c e

    Federa l B ureau of Inves t iga t ion

    Wash ing ton , D. C. 20535-0001January 8, 2004

    Daniel Marcus, General C ounselNational Commission on Terrorist Attacks Upon th e United StatesSuite 3002 1 0 0 K S t r ee t ,N . W .W ashington, D.C . 20036RE: Commission's Request for DocumentsDear M r. Marcus:

    In response to the Commissions Request for Documents, please find th efollowing:3 floppy disks responsive to D ocume nt Request 20-2a and 20-2c.This is part of the FBI's rolling production and thus may be supplemented in thefuture. Should you have any questions, please do not hesitate to contact me at 202-324-9613.

    Sincerely,

    Robert S. SintonAssistant Gen