Welcome to
America — Now Spy on Your Friends
When Muslim immigrants apply to become citizens,
they often find the process delayed for years
without explanation. Then, when they are at wit’s
end, they get a visit from the FBI, with an offer
they don’t dare refuse.
By Talal Ansari, Siraj Datoo
January 30, 2016 "Information
Clearing House"
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"BuzzFeed"
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When he got
the last call to come meet with the FBI agents, A.M.
allowed himself an uncharacteristic bit of optimism.
An immigrant from Pakistan, he had spent the last
seven years trying to get a green card, a process
that had so far included a series of interviews,
three encounters with the FBI, and unexplained
bureaucratic delays. Maybe this meeting would bring
some resolution?
But when the
37-year-old software programmer arrived at the
Homeland Security offices in Dallas that day in
August 2014, the conversation quickly swerved. One
of the two agents placed a piece of paper on the
table and told him to write down the names of all
the people he knew who he thought were terrorists.
Bewildered,
he said he didn’t know any terrorists. He said he
didn’t know about any suspicious activity at all.
“We think you do,” the agents replied.
A.M. was
quickly becoming alarmed. (Like almost all other
immigrants interviewed for this story, he said he
did not feel safe allowing his name to be published.
A.M. are his initials.) He was a family man, with a
highly skilled 9-to-5 job. He had lived in America
for nearly two decades. He went to college in
America. Why would the FBI see him as a link to
terrorism? And weren’t they supposed to be
discussing his green card application?
As it
turned out, that’s precisely what they were
discussing. “We know about your immigration
problems,” he recalls one of the agents telling him.
“And we can help you with that.” If, they said, he
agreed to start making secret reports on his
community, his friends, even his family.
Pressuring people to
become informants by dangling the promise of
citizenship — or, if they do not comply, deportation
— is expressly against the rules that govern FBI
agents’ activities.
Attorney
General Alberto Gonzales
forbade the practice nine years ago: “No
promises or commitments can be made, except by the
United States Department of Homeland Security,
regarding the alien status of any person or the
right of any person to enter or remain in the United
States,” according to the Attorney General’s
Guidelines Regarding the Use of FBI Confidential
Human Sources.
In fact,
Gonzales’s
guidelines, which are still in force today,
require agents to go further: They must
explicitly warn potential informants that the FBI
cannot help with their immigration status in any
way.
But a
BuzzFeed News investigation — based on government
and court documents, official complaints, and
interviews with immigrants, immigration and civil
rights lawyers, and former special agents — shows
that the FBI violates these rules. Mandated to
enforce the law, the bureau has assumed a powerful
but unacknowledged role in a very different realm:
decisions about the legal status of immigrants — in
particular, Muslim immigrants. First the immigration
agency ties up their green card applications for
years, even a decade, without explanation, then FBI
agents approach the applicants with a loaded offer:
Want to get your papers? Start reporting to us
about people you know.
Alexandra
Natapoff, an associate dean at Loyola Law School who
studies the use of informants, said people who are
pressured into informing for the government face
considerable danger, from ostracism or retribution
within their own community to betrayal from law
enforcement officers, whose promises the informants
are powerless to enforce. BuzzFeed News spoke with
six people who had been approached by the FBI, as
well as immigration attorneys who said they had
represented far more. Some allowed their stories to
be published, even with details that could make them
identifiable to federal authorities. But they all
drew the line at publishing their names, lest they
or their families suffer repercussions from their
communities.
Beyond the
danger that coercive recruitment poses for its
targets, it may also mean danger on a broad scale,
by hampering America’s ability to detect, derail,
and prosecute real threats to national security.
Like 9/11
before it, the mass shooting in San Bernardino cast
into stark relief the urgency of guarding against
terrorism at home. Over the years, law enforcement
authorities have used informants’ tips to foil
numerous plots on American soil and to help other
countries foil plots of their own. But many critics
of America’s counterterrorism operations say the
FBI’s heavy-handed recruitment methods actually make
it harder to thwart dangerous attacks, by alienating
the very communities on whom the government is most
reliant for information.
Michael
German, a former FBI agent who is now a national
security expert at New York University’s Brennan
Center for Justice, says wide-scale coercive
recruitment produces a surfeit of false leads. “All
of this investigative effort is against people who
are not suspected,” he said, of “terrorism or any
other criminal activity.” The result is so much
useless information that agents cannot focus on the
most important leads. “This becomes an obstacle to
real security.”
For
immigrants pressured to become government
informants, the process might begin with the
Controlled Application Review and Resolution Program
(CARRP). The program, overseen by immigration
authorities, is designed to identify security risks
among those who apply for visas, asylum, green
cards, and naturalization. In November, BuzzFeed
News revealed that the program is being used
to vet refugees seeking asylum from Syria.
Initiated
in 2008, and building on related efforts in the
years before that, CARRP casts an extraordinarily
wide net. It subjects not just “Known or Suspected
Terrorists” but even “Non-Known or Suspected
Terrorists” to intense scrutiny and potentially
endless delays. Mere geography — hailing from “areas
of known terrorist activity” — can qualify a
person for this treatment. So can
knowing someone, however tangentially, who is
under surveillance; transferring money abroad;
having ever worked for
a foreign government; or even just having
foreign language expertise. Despite these
wide-ranging criteria, the results are remarkably
consistent: According to scholars and immigration
lawyers, the population caught in CARRP’s crosshairs
is overwhelmingly Muslim.
Immigration
officials will not reveal how many people currently
fall under CARRP’s gaze, nor what fraction is
Muslim. But the numbers are large: Just between 2008
and 2012, the case files of over
19,000 people from 18 Muslim-majority countries
were rerouted through that program.
They were
not apprised of their status. According to
Christopher Bentley, a spokesperson for the United
States Citizenship and Immigration Service, “There’s
no notification sent to someone saying your case is
being handled through this process.” All the person
knows for sure is that the immigration application
that should have proceeded along a predictable
timeline has gone off the rails, flagged and delayed
for years without explanation.
“Sometimes
I joke, your immigration processing time is in
proportion to the length of your beard,” said Hassan
Ahmad, an immigration lawyer from Virginia. Over the
course of 12 years he says he has represented
clients from 112 countries. Only his Muslim clients,
he says, encounter lengthy, unexplained delays.
In a 2014
lawsuit, the American Civil Liberties Union argued
that CARRP is unconstitutional, violating the right
to due process as well as the right to a timely
review of immigration files as guaranteed by the
Immigration and Nationality Act. (The five people on
whose behalf the lawsuit was filed withdrew it when
their applications were processed.)
After these
extensive procedural delays, BuzzFeed News has
learned, FBI agents like the ones who approached
A.M. can take advantage of immigrants’ desperation —
regardless of how useful their contacts would
actually be, or what intelligence, if any, they have
to offer. According to Charles Swift, a former Navy
lawyer who won a Supreme Court ruling against the
Bush administration’s policy of trying terrorism
suspects in a military tribunal, the undisclosed
role of law enforcement officials makes the process
even more problematic. The immigration agency, at
least, “ultimately will be accountable for its
decisions in front of a federal immigration judge or
a U.S. judge,” he said. But “the FBI is not
accountable.”
A.M. says the FBI knew he
didn’t have any information about terrorists,
because he already said so.
Twice, in fact: first in the fear-stricken
months after 9/11 and again in 2002 when agents
approached him a second time. In his case file,
which a lawyer was able to get ahold of, the agents
noted that A.M. promised to let them know if he
became aware of any suspicious activity. But in 2012
he did something less dutiful. He filed a lawsuit
against the Department of Homeland Security, the
U.S. Citizenship and Immigration Services (USCIS),
and the FBI.
As he tells
it, he had no choice: His green card application had
been on hold for five years; his work visa was about
to expire; and his senator, John Cornyn, to whom he
had written for help, had
responded that there was nothing he could do.
In very
short order, immigration authorities revoked A.M.’s
existing work visa, the one they had approved two
years before. Later, four FBI agents turned up
unannounced at his home, wanting to talk. He
remembers one agent showing his badge and, perhaps
inadvertently, revealing his gun. Others asked
A.M.’s neighbors if he had any “violent tendencies.”
(A.M. got the name of only one of the FBI agents.
Agent Clay Huesman, who came to A.M.’s workplace
that same morning to interview his co-worker,
declined to speak with BuzzFeed News about the case,
saying he was not authorized to do so.)
A.M. got in
touch with Swift, the lawyer who had fought against
military tribunals, who arranged a meeting at the
Department of Homeland Security offices in Dallas.
It was
there, tucked away in a room in a long, low-slung
office building, that the officers pushed A.M. to
become a secret informant. “They would want me to
wear a wire,” he recalled, “go to my friends in the
masjid, the mosque, talk about jihad,
encourage them to fight or something, and then ask
me to witness against them for provoking them. I
can’t do that.”
He said he
pleaded with the agents. “Is there something that
you know about me? Then tell me. If there is
something you think I have done wrong then tell me.”
They didn’t answer. Instead, they told him that if
he did not agree to their offer, he and his family
would no longer be welcome in America.
Swift ended
the meeting. Within hours, one of the agents called
him and asked which flight his client would be on.
A.M. and
his family sold what possessions they could, and two
weeks later, they left the country that for 17 years
he had called home.
Critics of CARRP say its
entire premise strains credulity. If these
immigrants posed a genuine threat to national
security, wouldn’t authorities lock them up, rather
than just allowing them to live for years at large
in the United States? “They don’t prosecute any of
them, they don’t even investigate them for real
terrorist activities,” said Claudia Slovinsky, a
35-year veteran of immigration law. “If they really
think someone is a danger, deal with it. Confront
them.”
Because of
the unique position that Muslim immigrants occupy in
American national security — subjected to a higher
degree of scrutiny but also solicited as valuable
sources in their communities — CARRP can victimize
Muslim immigrants twice: leaving them in painful
limbo for years, and then exposing them to abuse by
law enforcement.
Swift
ticked off several cultural factors that may
increase their vulnerability: “not strong in the
language, not much money, not strong in due process
concepts, and they often come from governments where
if you don’t play with the government, they can
whisk you away and put you in jail.”
Critics
cite another effect of the way the program is
structured: CARRP has greatly expanded the FBI’s
influence in the immigration process, by
giving the bureau
immense sway in deciding who may and may not
become citizens. In the 2013 report “Muslims Need
Not Apply,” the ACLU reviewed public records, some
of them heavily redacted, and found that immigration
authorities “are instructed to follow FBI direction
as to whether to deny, approve, or hold in abeyance
(potentially indefinitely) an application for an
immigration benefit.”
In an
interview with BuzzFeed News, Bentley, the
immigration press secretary, denied that, insisting
that each individual’s file is reviewed — by
immigration officials alone, not by law enforcement
— on a “case-by-case” basis.
“CARRP is
not a red flag that no one can overcome,” he said.
“CARRP simply means that there is an issue here that
needs to be resolved.”
He
acknowledged that immigration officials and law
enforcement officials do share their findings. “We
utilize the FBI as a contract service and they
provide us access to background information needed
for us to make determinations on individuals’
immigration cases,” Bentley said. “But as far as
exactly what the FBI does with follow-up from
information that may be developed by USCIS, or ICE”
— Immigration and Customs Enforcement — “or any
other department within Homeland Security, only the
FBI can speak to that.”
After
almost a dozen requests over three months, the FBI’s
National Press Office responded to questions from
BuzzFeed News about the agency’s involvement with
CARRP by supplying two links to the Attorney
General’s Guidelines for FBI Confidential Human
Sources, as well as the FBI’s Domestic
Investigations and Operations Guide.
“Certainly
we cannot confirm or comment on the specific
approaches, tactics, or incidents involving
recruiting human sources,” the public affairs
officer added.
The first time Muhammad
(his middle name) met with an FBI agent, it was in
the lobby of the Hyatt Regency in North Dallas in
2010. An immigrant from Jordan who came to America
in 1989, he had already been waiting for a decade to
hear the results of his citizenship application.
Muhammad brought two representatives of the Muslim
American Society Immigrant Justice Center to the
meeting. Agent Erik Tighe was accompanied by another
agent from the bureau.
Over the
course of more than two hours, Agent Tighe asked
Muhammad about his relationship to the Holy Land
Foundation.
Holy Land
was a large and diverse Muslim charity — the largest
in America — and Muhammad vaguely recalled signing
up for a program to sponsor an orphan. The amount,
he said, was at most $30. It was legal at the time,
but the group was subsequently found guilty of
aiding a terrorist organization. For a Muslim
immigrant, Muhammad knew, even an accidental
association like that could be fatal to any hope of
ever becoming a U.S. citizen. According to Muhammad
and his two advisers, Agent Tighe made an offer:
Become an informant. Help the FBI. And the FBI will
help with your immigration application.
The second
time Agent Tighe approached Muhammad, he was less
conciliatory. It was the morning of Jan. 5, 2011, at
around 7:40 a.m. The FBI agent brought an official
from the United States Citizenship and Immigration
Services, the agency that oversees immigration. They
told Muhammad that if he didn’t work with them, they
would delay his citizenship indefinitely.
“More than
10 years?” Muhammad said he asked. “More than that?
You have already delayed it, so whatever you want to
do, go ahead, but I’m not going to talk to you like
this.”
BuzzFeed
News attempted to reach Agent Tighe and other FBI
agents mentioned in this story but was told by a
spokesman that the FBI is “not doing interviews at
this time.”
Muhammad
eventually wrote a
complaint to the Office of the Inspector
General. “By using my charitable contribution as a
means to determine my eligibility for
naturalization, I have been designated a national
security concern,” he
wrote. “I am not. I am a law-abiding citizen who
has an affinity to this country and would willingly
protect it against any wrongdoing or criminal
behavior.”
In February
2012, after 12 years, Muhammad’s citizenship
application was denied because of lack of “good
moral character,” an assessment based on his
relationship to the charity. His future is
uncertain. The supposed national security threat has
so far been allowed to continue living in America,
but his green card will expire in 2019. By that time
he will have been in this country 30 years.
German, the former FBI agent,
said that the FBI’s use of informants changed after
9/11. As the department’s priorities shifted toward
counterterrorism, agents came under much greater
pressure to develop Muslim sources — any Muslim
sources, regardless of how useful they might
actually be. Now, he said, “Rather than use all
their energy to focus on the very small number of
terrorists, they try to find anybody that they have
a lever over to compel them to be an informants.”
The issue
has arisen before. A 2014
lawsuit filed by the Center for Constitutional
Rights revealed that the FBI had been intimidating
people on the no-fly list, saying they would never
be removed unless they agreed to spy for the
government.
After 9/11,
said a recently retired former FBI special agent who
spoke to BuzzFeed News on the condition of
anonymity, the shift toward counterterrorism
increased the “importance of having a lot of
sources, especially within the Middle Eastern
community. Naturally, most of those folks were
immigrants.”
Dennis G.
Fitzgerald, a former Drug Enforcement Agency agent
with over 20 years of experience and the author of a
book on informants and the law, concurred: “The
leverage on an immigrant or an alien is
unbelievable. It’s all about having leverage on
another human being, and using that leverage, that
power, to persuade them, to squeeze them, into
becoming an informant. ”
But however
effective CARRP is as a recruitment tool for the
FBI, there is little evidence that the arrangement
has produced much usable intelligence.
Critics
have questioned the government’s reliance on
counterterrorism informants with
mental illness or
criminal records, as well as the ease with which
investigation can become entrapment. “Informants who
are pressured,” the former special agent said, “will
just tell you what they think you might want to
hear, or tell you something that will get them in a
better position for himself, like getting
immigration assistance.”
He
continued, “They will tell you something that can’t
be verified, or they’ll tell you something that they
might think you want to hear. They will tell you
there’s something going on over here, or this person
is planning this thing. And they will tell you that
because they think it will help them in their
particular situation, and not because it’s really
happening.” The more false leads the FBI has to
chase after, the fewer agents there are to track
down the real ones.
Simple in dress and haircut,
tall and slim, Osman (his middle name), a
38-year-old Somali refugee, blends in easily on the
streets of America. He wears a pleasant smile for no
reason at all. Those who pass him might assume he’s
just as ordinary as he looks. But the path by which
he came to this country is remarkable, and so is the
threat that the federal government appears to
believe he poses.
When Osman
was 14, his father and two sisters were killed in
the Somali Civil War. Osman made his way, by foot,
to Kenya, along with hundreds of thousands of other
refugees. He landed in what would become the world’s
largest refugee camp, where he spent 14 years before
getting permission to come to America.
“I was so
excited. I was so happy. I used to watch movies
about Las Vegas and Los Angeles, and I couldn’t
believe I would ever live there,” he recalled.
Two years
after arriving, in 2006, he decided to apply for a
green card.
According
to Osman’s immigration file — obtained by the ACLU
on his behalf — immigration authorities ran him
through the FBI’s Name Check database and came up
with a hit. That meant Osman had been mentioned in
some unspecified capacity in an FBI file. Or perhaps
it was someone else with a similar name, or a
phonetic variation of his name. Whatever the case,
it was 2008, the year the CARRP program officially
began. His application ground to a halt.
Three years
after he filed the papers, he visited the local
office of the United States Citizenship and
Immigration Services to inquire about his status.
Then he returned to his apartment, and 15 minutes
later, Osman says, two FBI agents knocked on his
door.
Over the
next six months, the FBI agents repeatedly sought
him out, asking him to identify photographs of men
he told them he had never seen before or to talk
about Ethiopian militants whom he tried to explain
he knew nothing about.
One of the
agents told Osman they had a deal for him. A “good
deal,” Osman recalled: The FBI could help him with
his green card application and even help some of his
family immigrate to the United States.
But
something changed, he said, when she called and
said, “I want to ask you where Osama Bin Laden is.”
“That was
when I got shocked,” he recalled. “I was really
scared, and I was not feeling comfortable. She was
giving me so much pressure. I think she was trying
to scare me.” But he did not dare tell anyone in his
community, lest someone think he was cooperating.
Immigration
records indicate that right around that time, and
again in March and May of 2010, the Joint Terrorism
Task Force — a partnership of law enforcement
agencies led by the FBI — requested information
about Osman’s immigration files from USCIS.
In March
2011, Osman was informed that his claim to be a
member of Somalia’s persecuted Tuni clan “may have”
been false. He tried to fight the charge, but lost.
First his refugee status was revoked. Then, six
years after filing an application for a green card,
Osman finally got an answer: No.
An
immigration lawyer did eventually get him in front
of a judge, who ruled that the government had acted
improperly. Osman’s refugee status was reinstated,
and he even got a green card.
But when,
encouraged by those developments, he applied to
become a full citizen, he ran into the very same
kinds of delays. FBI agents don’t show up at his
door anymore, but he worries that he might still
find himself searching for a country to call home.
“I believe I’m already an American,” Osman said one
recent night, sitting in a hotel lobby.
“I mean, I
am an American!” he exclaimed, with his hands in the
air. “This is my home. They might believe something
else, but of course I am.”
America is no longer home
for A.M., the software programmer from Pakistan who
was told by the FBI agent to get out of the United
States. Speaking with BuzzFeed News from the country
where he and his family now reside — he asked that
the country not be named, out of fear for relatives
still living in America — he said he missed the
place where he lived for 17 years. “We had a home
there,” he recently wrote, “with close family
friends, strong ties with the Muslim community, a
vibrant life at the local mosque, and a stable job.
Our lives were turned upside down when the Feds
visited us on June 4th, 2014 7:45AM. Everything that
was precious to us was in one way or another
impacted by their unjustified and ruthless acts.”
He tried
every possible way to resolve the suspicion of the
government, he said. Nothing worked. When asked
whether A.M. would have had a better chance of
success if he were not a Muslim, from a
Muslim-majority country, Claudia Slovinsky, the
immigration lawyer, laughed. “He would be a citizen
by now,” she said.
Talal Ansari is an investigative editorial
assistant for BuzzFeed News and is based in
New York. His secure PGP fingerprint is 21E9
D88C B936 4D43 9B2C 9ABB 8EA8 FC9D D2E3 DA18
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