Security Checks Info from Ombudsman 2005 report
Background and Security Checks
The purpose of having security checks of applicants for immigration benefits is to: 1) identify security and public safety risks and deny benefits to those who are not qualified, and 2) notify appropriate law enforcement and intelligence agencies about persons of potential interest.
Although the majority of these checks are resolved within hours or days of initiation, a small percentage that do not clear on a timely basis represent a substantial and problematic workload. In some cases, applications may be approved despite initial security check “hits”27 – either because they pertain to a different individual with a similar name or because the underlying information is not disqualifying. While most security check hits prove to be harmless, it is important to identify quickly those relatively few cases of genuine law enforcement or national security interest. However, resolving hits is a time-consuming process not completely controlled by USCIS. To date, the responsible agencies have allocated insufficient resources to resolve the hits. The Ombudsman’s office is continuing research into how this crucial process can be both streamlined and improved.
There are a variety of security checks, each performed according to specific sets of rules. USCIS receives security check results in varying forms. Moreover, the results are valid for varying periods, and require different USCIS actions. The variety of checks and the rules concerning validity and use of the results create a confusing set of sub-processes within the immigration benefits process.
USCIS faces a challenge in accommodating the various security checks within a cumbersome adjudications process. All checks must be complete and current before an officer can make a decision on an application. Due to the varying validity periods and initiation processes, it is not unusual for the results of one check to expire while waiting for results on another check. Compounding this problem is the fact that the information provided to USCIS as a result of the checks is often stale, leaving USCIS with the job of resolving a hit that is no longer relevant. Additionally, various agencies within DHS and other federal departments have different requirements and criteria for similar security checks. It is necessary to standardize security check requirements throughout DHS and the federal government so that USCIS can provide more realistic processing timeframes to customers without compromising law enforcement needs and investigations.
Not only do delays in processing times require additional security checks when they expire, but each additional check adds extra financial burdens to USCIS. As a non-law enforcement agency, USCIS must pay law enforcement agencies to conduct the checks. Currently, applicant fingerprints are archived, yet are not retrievable. Therefore, re-fingerprinting is necessary if the checks expire. Furthermore, USCIS does not have access to a “wrap-around” feature which would enable it to obtain automatic updates on subsequent criminal history for those on whom a query was previously requested.
----------------------------27 “Hit” refers to a positive response to a security check query. It is important to note that a hit does not necessarily relate to the applicant or petitioner. Some checks are based on names, others on fingerprints.