FBI's Terror Cold Shoulder to ICE Justified

Congressmen and citizens are outraged that six years after 9/11, government agencies investigating suspected terrorists continue to stonewall each other. Specifically, allegations citing a lack of cooperation on terror investigations between Immigration and Customs Enforcement (ICE) and FBI agents sparked a Senate Judiciary Committee investigation conducted by the Inspector General offices of the Departments of Homeland Security and Justice. The results of that joint investigation into failed cooperation were the focus of an AP report picked up by Fox News yesterday, and after reviewing the story Americans likely developed feelings of sympathy for victimized ICE agents while simultaneously forming harsh judgments of the FBI for its seeming refusal to share information on terror investigations with ICE. Both of those conclusions are wrong. While the FBI certainly holds its terrorist information close to the vest due the sensitive and even classified nature of those investigations, the FBI sometimes does so for good reason.

A news story today, seemingly unrelated to the AP story described above, served to illustrate why the FBI may have been reluctant to work closely and share sensitive investigative details with ICE agents. The Washington Times article, “U.S. Agents Accused of Aiding Islamist Scheme,” opened with the following paragraphs:

A criminal investigations report says several U.S. Citizenship and Immigration Services employees are accused of aiding Islamic extremists with identification fraud and of exploiting the visa system for personal gain.

The confidential 2006 USCIS report said that despite the severity of the potential security breaches, most are not investigated "due to lack of resources" in the agency's internal affairs department.

"Two District Adjudications Officers are allegedly involved with known (redacted) Islam terrorist members," said the internal document obtained by The Washington Times.

The fact that USCIS employees have provided Islamic radicals with visas, travel documents, and counterfeit identification, as reported by the Times, should have spurred Congress to act quickly and decisively to establish effective oversight of USCIS. Instead, Congress allowed USCIS to investigate itself, and in typical “fox guarding the hen house” fashion, to date it has conducted no investigations.

Although USCIS and ICE are technically separate agencies, ICE is the law enforcement arm of USCIS and the two agencies utilize a free flow of information including joint access to Customs and Immigration computer databases. In reality, USCIS and ICE are the law enforcement equivalent of conjoined twins, separate entities that share the same organs and would not survive if separated. Infection, or in this case corruption, in one was certain to spread to the other, and it did so. The Times further reported:

Another investigation involved more than seven USCIS and Immigration and Custom's Enforcement (ICE) employees — including special agents and senior district managers — who were moving contraband via "diplomatic pouches" to the United States from China.

ICE — the original investigating agency — downgraded the criminal investigation to a managerial problem, and the case was never prosecuted, a source close to the investigation said.

Given this relationship it is easy to see why FBI agents conducting counterterrorism investigations are reticent in their cooperation with ICE or flatly decline to share investigative data. If an agent cannot be sure that the information he has been asked to share with ICE will not end up in the hands of USCIS or ICE employees in a position to aid Islamic radicals, he would be justified in withholding that information.

Further reinforcing the FBI’s suspicions of ICE/USCIS is the troubling fact that in March USCIS established an Office of Security and Integrity to crack down on internal corruption, but as of today’s Times report, none of the sixty-five vacancies for internal investigators first advertised in March had been filled. With that shoddy record of internal corruption reform hanging over its head, it is no wonder that the FBI and other agencies targeting potential terrorists in America are more than a little reluctant to collaborate with ICE/USCIS.

Placed in the context of ICE/USCIS corruption and assistance with legal identification documents for Islamic radicals posing as Hispanics, The AP story accusing the FBI of failing to cooperate with ICE/USCIS should be looked at in a different light. The first two paragraphs, that yesterday created the impression that the FBI was simply being irrationally uncooperative toward ICE on terror investigations, make much more sense today to those unfamiliar with the core issue between the two agencies:

Immigration and Customs Enforcement agents ignored or dropped leads and at times entire cases involving terrorist activities because of disputes with the FBI, says a report by federal officials released Monday.

In examining 10 cases that began at ICE and were taken over by the FBI, the inspectors general of the Homeland Security and the Justice departments found that seven suffered from lack of cooperation until they were taken over by the Joint Terrorism Task Forces, which the FBI controls.

Examined through the lens of the AP story only, the FBI seemed overly territorial at a time when information sharing between agencies is considered the most critical tool in the War on Terror. Yet when viewed together with today’s Times report on USCIS/ICE corruption, the puzzle pieces fall into place. It should surprise no one that the FBI was more comfortable cooperating when the investigations were taken over by an investigative task force under its own control, and through which it could track the dissemination of sensitive information. That level of operational security (OPSEC) is essential to any agency responsible for national security-related information.

There are always two sides to a story, and in the case of alleged FBI non-cooperation with USCIS/ICE, it takes the melding of two stories to form a complete explanation for why that non-cooperation may have been justified and continues to occur. It is rare to find an example of a situation in which information sharing between agencies may not be in the best interests of America. However, until USCIS/ICE produces tangible evidence of internal corruption reform including indictments, employment terminations, arrests, and prosecutions, the FBI would be wise to continue its tight controls over terrorism-related investigations.

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FBI, USCIS, ICE, Islamic Radicals, Aiding Terrorists, Information Sharing, Joint Investigations, Government Corruption, Congressional Oversight, OPSEC, War on Terror

Illegal Video Games or Illegal Immigrants?

Which is a greater threat to America’s national security, pirated video games or criminal illegal aliens? While the answer to that question may seem obvious, apparently the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) has funding for spending its time and resources to conduct raids and seize illegally modified Wii and PlayStation video game console chips but insufficient funds to dedicate its full resources to the highest priority job that Americans expect of it: locating and deporting criminal illegal aliens. When it comes to prioritizing between video game piracy or illegal immigration investigations, ICE must face the decision, paraphrasing Shakespeare, to Wii or not to Wii.

In fairness to ICE, many federal law enforcement agencies are mandated to enforce multiple federal criminal statutes, some of which have conflicting priorities that often force those agencies to choose investigations based on dollar-loss amounts, likelihood of prosecution by U.S. Attorneys, and positive media attention that generates increased budgets from a media-influenced Congress. Enforcement of immigration statutes and subsequent deportations, as important as they are to national security, do not meet these criteria. As a result, ICE is vilified in the media for tearing apart families, “unfairly” targeting day laborers, or ruining American businesses by disrupting their workforces when it actually enforces existing illegal immigration statutes.

The uproar over ICE enforcement of immigration statutes tends to remind ICE officials that it has multiple missions to perform, and not surprisingly those officials logically conclude that the best way to garner positive media coverage and subsequent Congressional gratitude is to actively enforce other criminal statutes that are less controversial than illegal immigration. One such statute involves the smuggling and distribution of illegal devices that allow pirated video games to play on video game consoles.

This crime may not have any impact on national security, but it does cost businesses like Sony and Nintendo approximately $3 billion in video game sales annually. Of course Sony and Nintendo have effective lobbyists who bring these losses to Congress’ attention, and when ICE conducts raids and executes search warrants to curb this $3 billion per year loss, the media praises it, congress basks in the positive coverage given to its well-spent law enforcement funding, and ICE’s decision to actively enforce non-controversial crimes unrelated to national security is reinforced.

After raids and search warrants were conducted yesterday on 32 businesses and homes in 16 states, the Assistant Secretary of Homeland Security for ICE made the following statement:

Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections. These crimes cost legitimate businesses billions of dollars annually and facilitate multiple other layers of criminality, such as smuggling, software piracy and money laundering.

The same is true of illegal immigration, which costs taxpayers billions of dollars annually and involves smuggling, human exploitation, money laundering, and a host of other criminal activities. Yet ICE officials recently made it clear to Virginia’s state legislature that it cannot scrape together sufficient funds to train and work with state and local law enforcement officers in Virginia’s jails to deport criminal illegal aliens already in custody. That is worth repeating. Virginia was merely asking ICE to train its deputies to deport illegal alien criminals already in custody and sitting in the state’s jails. Virginia had previously enacted a law allowing its law enforcement agencies that staff state jails to attend official ICE training programs designed to help local agencies check the immigration status of prisoners and begin the deportation status on behalf of ICE. However, earlier this week ICE officials informed Virginia’s legislature that it simply did not have adequate funding to extend the immigration enforcement training to agencies throughout the state. ICE has received similar requests from many law enforcement agencies throughout the nation and its budget to provide the training that would help locals enforce existing illegal immigration laws cannot keep pace with the current demand. Meanwhile, ICE continues to use a portion of its funds to investigate video game piracy.

Virginia’s response was predictable and poignant:

Delegate Robert G. Marshall, Prince William Republican, declined to say whether he would support using state funds for immigration enforcement, but said the federal government should pay to enforce its own laws.

"If we're doing the job of the federal government, they should be humiliated that they wouldn't offer to pay for all of this," said Mr. Marshall, who sits on a separate commission studying the effects of illegal aliens on the state. "I'm not going to start putting the state's cards on the table until the federal government is going to openly say, 'We don't have the interest. The state of Virginia can [forget] their efforts to enforce immigration law.' "

There are an estimated 12 million to 20 million illegal aliens in the United States. More than 250,000 of them lived in Virginia in 2005, according to the Pew Hispanic Center.

Virginia’s counties have been so impacted by illegal immigration that two, Loudoun and Prince William counties, recently voted to deny county services to illegal immigrants, a move that was widely applauded by residents who already pay some of the highest taxes in the nation.

The question this budget shortfall for ICE training for local agencies raises is an important one: in a War on Terror, should Homeland Security agencies like ICE continue dividing their manpower, equipment, energy, and budget resources between financial crimes like video game piracy and national security responsibilities like illegal immigration? Like many other agencies, ICE has conducted many successful high-profile criminal investigations of smuggling, counterfeit merchandise, and child pornography materials, among others. They are good at what they do. However, as the recent national uproar over the “comprehensive immigration reform bill” demonstrated, Americans do not want amnesty or new laws; what they want is enforcement of existing illegal immigration laws, and the issue is considered to be directly related to national security. In war, priorities are paramount.

While it is unfortunate that Sony and Nintendo lose money annually due to video game piracy, there are many agencies in departments other than Homeland Security that could enforce piracy and intellectual property statutes. It would make sense if the agencies grouped into the behemoth Department of Homeland Security actually performed duties that directly protect some aspect of the homeland. Agencies that do not perform national security functions should be relocated to other departments, so that the remaining agencies would all reflect what the Department of Homeland Security’s name implies. ICE clearly belongs in Homeland Security, but some of its investigative case load includes enforcement of statutes that are completely devoid of any national security nexus.

If ICE could dedicate its funds, manpower, and other resources exclusively to criminal investigations related to national security rather than to a year-long investigation of video game piracy, it would find funds to help Virginia’s jails start criminal illegal aliens on the path to deportation. ICE did good work in its raids and seizures of 61,000 illegal game console chips, but there is more important work to be done to secure the homeland and our resources must be dedicated to priorities that improve national security. Illegal immigration is such a priority; illegal video games are not.

Americans care far less that their neighbor’s Wii or PlayStation games are legal than they do that their neighbors themselves are here legally.

Technorati Tags:
ICE, Illegal Immigration, Software Piracy, Video Games, Sony, Nintendo, Wii, PlayStation, Virginia, Loudoun County, Prince William County