Hearing of the House Committee on Homeland Security Subject: Holding the Department of Homeland Security Accountable for Security Gaps

Statement

HEARING OF THE HOUSE COMMITTEE ON HOMELAND SECURITY
SUBJECT: HOLDING THE DEPARTMENT OF HOMELAND SECURITY ACCOUNTABLE FOR SECURITY GAPS
CHAIRED BY: BENNIE THOMPSON (D-MS)
WITNESS: MICHAEL CHERTOFF, SECRETARY, DEPARTMENT OF HOMELAND SECURITY

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We'll now recognize the gentleman from Florida, Mr. Bilirakis, for five minutes.

REP. GUS M. BILIRAKIS (R-FL): Thank you, Mr. Chairman. I appreciate it very much. Good morning, Mr. Secretary.

Mr. Secretary, last month two students at the University of South Florida, close to my congressional district, were arrested in South Carolina and charged with carrying out explosive devices -- carrying explosive devices.

One student has since been indicted by a federal grand jury with transporting explosives, while the other was charged with transporting explosives and helping terrorists by aiding, teaching and demonstrating the use of an explosive device in furtherance of an activity that constitutes a federal crime of violence.

I know you can't comment specifically on the case. But there are several questions that need to be answered as soon as possible to better understand the larger homeland security implications of this matter, and I'd like to ask these questions. To what extent is DHS working in conjunction with DOJ to determine whether this is an isolated case or whether there could be connections between these individuals and suspected terrorists or terrorist groups?

SEC. CHERTOFF: In every case like this, not only DHS and DOJ but the intelligence community, from the very moment that something is detected, the first priority is to see, what are the connections and linkages between the people we're looking at and anybody else? So I can guarantee you that from the -- you know, literally the day of the arrest, priority number one was to examine any connections or linkages between individuals arrested and anybody else that might pose a threat. Now, sometimes they turn out to be, you know, innocent linkages. But there's nothing that we can -- that is more important than getting our arms around the full scope of a network if we focus on a particular threat.

REP. BILIRAKIS: Thank you.

Does DHS have the ability to monitor whether those here on student visas are actually complying with the terms of those visas and not simply using them as a way to gain entry into the country for other purposes?

SEC. CHERTOFF: We do to a limited extent. We rely upon the school. Once someone gets a visa, they're supposed to enroll in a course of study and be attending school for a certain amount of time. If someone falls out of that status requirement, the school is obliged to notify us. And at that point, we will pick up the student and deport the student.

Many schools live up to that; some schools do not. We have from time to time run operations to validate whether schools are complying with the rules or not. And in cases where we have found people, for example, out of status, and it wasn't reported, we will obviously find the person and deport them.

Most schools try to be -- to honor their obligation. There are some that do not. And we've actually, I believe, yanked the privilege of hosting foreign students from some of the schools that are not living up to their end of the bargain.

REP. BILIRAKIS: Well, I don't know. I'll probably know the answer to this question but I need to know. How many foreign students have entered the U.S. since 9/11 and enrolled in classes but no subsequently attended them? And if you don't know that question, if you could please get that to us, maybe other members of the committee would be interested as well.

SEC. CHERTOFF: I will get back to you on that.

REP. BILIRAKIS: Okay, thank you, please.

There are several different federal agencies that process and monitor the entry of foreign students in the United States.

My understanding is that potential foreign students must satisfy the DOS consular officials abroad and DHS inspectors upon entry to the United States that they are not ineligible for visas under the Immigration and Nationality Act's grounds for inadmissibility, which include provisions regarding one's past criminal history. What criminal acts would preclude the issuance of a visa or deny entry into the United States of a non-immigrant foreign student? And I understand that this may apply in this particular case that I'm speaking of?

SEC. CHERTOFF: Yeah, I don't think I can give you a comprehensive list off the top of my head. Obviously felonies would be a disqualifier. I don't know what misdemeanors would be. And there may be some variations in legal systems that make it a little bit complicated to categorize something as a felony or a misdemeanor.

REP. BILIRAKIS: Can you please provide that information to me? I would appreciate it.

SEC. CHERTOFF: Yeah.

REP. BILIRAKIS: Do you believe that there is proper coordination and sharing of information between various federal agencies responsible for the admission and monitoring of foreign students and the schools which they are attending? And you did touch on that. Can you expand upon that?

SEC. CHERTOFF: I mean, I believe there is very good sharing among federal agencies. I don't think it's perfect or flawless. And given that you're dealing with thousands and thousands of people coming to the U.S. every year, just human error is going to result in problems once in a while.

I think the harder issue is in dealing with the schools. I think some schools are reluctant to report students who drop below their course requirement or make themselves absent, because they don't want to see themselves as enforcement tools for the U.S. government. I think that the danger is that that creates a vulnerability in the program. And as a consequence, we do have to sanction schools, and I'm not hesitant to do so.

REP. BILIRAKIS: That's good to know. Thank you very much. Appreciate it, Mr. Secretary.

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