Oversight

USCIS inconsistent in database use, IG says

uscis

Officials at U.S. Citizenship and Immigration Services have not been adequately monitoring and sharing information on potentially fraudulent immigration benefit applications by recording them in a central law enforcement database, according to a report by the Department of Homeland Security's Office of Inspector General.

The applications in question are filed by U.S. citizens seeking permission for foreign-born spouses or other family members to receive U.S. immigration benefits. The IG’s office said the lax approach to adding the applications to the database could have helped fraudsters take advantage of immigration benefits.

According to the IG’s report, USCIS’ Fraud Detection and National Security (FDNS) Directorate did not consistently file I-130 and I-485 petitions suspected of fraudulent activity into the TECS database, formerly known as the Treasury Enforcement Communications System. The I-130 petition validates legal relationships such as marriage, while the I-485 begins the process of establishing permanent residency. More than 20 federal agencies share TECS, which maintains records related to border enforcement and travelers’ entry/exit activities. The system is linked to DHS' law enforcement facilities worldwide and accessible by federal, state and local entities.

In fiscal 2008 through 2011, the IG’s office found that USCIS denied or revoked 2,557 family-based I-130 petitions for fraud. Of those petitions, 622 were associated with an FDNS finding of fraud, but 302 of them (or 49 percent) did not have corresponding TECS records. At the same time, at the four USCIS offices the auditors studied, six of 29 family-based I-130 petitions associated with an FDNS finding of fraud (or 21 percent) did not have corresponding TECS records.

Additionally, the report states that USCIS rescinded 2,961 family-based I-485 petitions for fraud, with 522 associated with an FDNS finding of fraud, but 247 (or 47 percent) did not have corresponding TECS records. The report concludes that by not following long-established procedures to record, update and monitor fraud-related information, USCIS might have increased the risk that aliens committing fraud were granted access to immigration benefits or given additional opportunities to apply for them.

In a letter to DHS Deputy IG Charles Edwards, USCIS Director Alejandro Mayorkas said his agency had responded to the concerns and planned to issue stronger guidance to its fraud officials in June.

Mayorkas also addressed concerns that some aliens might have received unauthorized immigration benefits because of database entry errors. "Regardless of whether a case is recorded in a database as denied for fraud," he wrote, "the likelihood that an individual who previously engaged in fraud would successfully gain an immigration benefit in the future is remote."

He said the decision to grant additional benefits depends on a full file review. Prior fraudulent activities, whether verified and unverified, are recorded in case files. Although TECS records are an important tool, they are only one of many the agency uses to ferret out fraud, Mayorkas said.

IG report:

About the Author

Mark Rockwell is a staff writer at FCW.

Before joining FCW, Rockwell was Washington correspondent for Government Security News, where he covered all aspects of homeland security from IT to detection dogs and border security. Over the last 25 years in Washington as a reporter, editor and correspondent, he has covered an increasingly wide array of high-tech issues for publications like Communications Week, Internet Week, Fiber Optics News, tele.com magazine and Wireless Week.

Rockwell received a Jesse H. Neal Award for his work covering telecommunications issues, and is a graduate of James Madison University.

Click here for previous articles by Rockwell. Contact him at mrockwell@fcw.com or follow him on Twitter at @MRockwell4.


The Fed 100

Save the date for 28th annual Federal 100 Awards Gala.

Featured

  • computer network

    How Einstein changes the way government does business

    The Department of Commerce is revising its confidentiality agreement for statistical data survey respondents to reflect the fact that the Department of Homeland Security could see some of that data if it is captured by the Einstein system.

  • Defense Secretary Jim Mattis. Army photo by Monica King. Jan. 26, 2017.

    Mattis mulls consolidation in IT, cyber

    In a Feb. 17 memo, Defense Secretary Jim Mattis told senior leadership to establish teams to look for duplication across the armed services in business operations, including in IT and cybersecurity.

  • Image from Shutterstock.com

    DHS vague on rules for election aid, say states

    State election officials had more questions than answers after a Department of Homeland Security presentation on the designation of election systems as critical U.S. infrastructure.

  • Org Chart Stock Art - Shutterstock

    How the hiring freeze targets millennials

    The government desperately needs younger talent to replace an aging workforce, and experts say that a freeze on hiring doesn't help.

  • Shutterstock image: healthcare digital interface.

    VA moves ahead with homegrown scheduling IT

    The Department of Veterans Affairs will test an internally developed scheduling module at primary care sites nationwide to see if it's ready to service the entire agency.

  • Shutterstock images (honglouwawa & 0beron): Bitcoin image overlay replaced with a dollar sign on a hardware circuit.

    MGT Act poised for a comeback

    After missing in the last Congress, drafters of a bill to encourage cloud adoption are looking for a new plan.

Reader comments

Please post your comments here. Comments are moderated, so they may not appear immediately after submitting. We will not post comments that we consider abusive or off-topic.

Please type the letters/numbers you see above

More from 1105 Public Sector Media Group