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OPINION: Special Visas Open Door to Danger
by Godfrey Garner
Thursday, 08 July 2010
Some Afghans being allowed into the United States cannot cut their Taliban ties.
Abdul Ahamad sat
outside the offices of the Bagram Afghanistan counterintelligence support team.
He sat perfectly still trying hard to control his breathing. He was about to
undergo the most important interview of his life.
He wore a suit his
uncle had traveled to Pakistan to purchase just for the occasion. He had never worn a suit before and
the stiff collar combined with the stifling summer Afghanistan, late morning
heat, generated a continuous flow of tiny streams of perspiration that rolled
slowly down his back tickling him as they went, as if to say, “You’re kidding
yourself. You know, you don’t belong here.”
In his lap he held a
neat file folder containing a dossier that had been compiled specifically for
him and tendered forth a multitude of arguments designed to portray Abdul as
the perfect candidate for a visa to the United States under the Special
Immigrant Visa (SIV) program. If his answers during this interview are
sufficient, he will have cleared the last great hurdle to gaining admission to
the United States.
His background had
been checked by the government of Afghanistan and they had, in their infinite wisdom proclaimed him free of
condemnation. He had further been checked by the Federal Bureau of
Investigation and the results predictably, had been inconclusive, indicating
that this individual had no known criminal record nor active or closed
investigations.
He had in his
possession sterling written recommendations from his O-6 (colonel) commander
and several of the men he had worked with in his capacity as CAT I, (category
one, local national, non-security cleared) linguist.
Comments such as,
“This man has served with honor,” and “he has risked,” and “Abdul has
contributed…” were liberally scattered throughout the many pages of documents.
What was excluded however was the fact that as many as seven times in the past
six months Abdul had made direct contact with some of the most notorious and
powerful members of the Haqqani network and had spoken specifically to the son
of it’s founder, Sirajuddin Haqqani.
Abdul’s reasons for
seeking a visa to the United States were many. Anyone enduring the harsh life of such a poor country would
yearn for the freedom and comfort offered by America. If he were granted such a visa however, he would not—could not—leave
behind the radical influences with which he had grown to manhood. Those who had
mentored and urged him to pursue this access to America would certainly continue to be a controlling force in his actions.
Persistent attempts
A red team analysis brief provided to then-Lt. Gen. Stanley McChrystal
in mid-2009 indicated an excess of 100 reported attempts at infiltration by
anti-coalition forces each month throughout early 2009. Mullah Mohammed Omar,
the “Supreme Taliban commander,” and Sirajuddin Haqqani, the leader of the fiercely
anti-US Haqqani network had both directed operatives to increase efforts to
infiltrate ANSF, (Afghan National Security Forces), Afghan Police, Afghan
security training centers, and of utmost importance, the ever-growing force of
CAT I linguists who work most directly with and have the highest level of
access to the command structures within coalition forces. The ultimate goal of
such directives should be obvious.
In mid-2008, the United States government approved Section 1244 of
Public Law 110-181 establishing a completely distinct SIV program authorizing
5,000 numbers per fiscal year for certain nationals of Iraq and Afghanistan who have been employed by, or on
behalf of the United States Government to receive immigrant visas to the America. The Omnibus
Appropriations Act, 2009 (Law 111-8 of March 10, 2009) extended the period
of eligibility for Afghan Special Immigrants for resettlement assistance,
entitlement programs, and other benefits to up to eight months from their date
of admission.
This move to
provide immigrant status and government assistance to individuals met with
little resistance due primarily to America’s dismal record of extending
protected status to US allied Vietnamese soldiers and linguists after our
defeat in that country. Our government could not afford to make that same
mistake again. The rush to implement this new visa program has however, laid
the groundwork for a much more costly and disastrous mistake.
In the words of
Stephen A. Edson, the deputy assistant secretary of State before the House
Foreign Affairs Committee and subcommittees on the Middle
East and South
Asia and International Organizations,
Human Rights, and Oversight, on March
11, 2008, efforts to issue SIV visas to translators and
interpreters must be accelerated:
“We quickly
built a robust system to meet the additional workload through the coordinated efforts of our domestic and
overseas operations. In the final days of the fiscal year we knew we would be very close to the goal, but issuing
all 500 was not a certainty. Using
the best estimates we could devise we scheduled sufficient appointments to ensure that all would be used. Domestic
operations in the Bureau of Consular Affairs were
continued throughout the final weekend of the fiscal year, as our Middle East posts operate on the US weekend, to monitor number usage
and guarantee that any demand for
available numbers was instantly met. We were surprised to learn on the first
normal workday of the FY 2008 that,
despite our best estimates, we had actually issued slightly more than 500 visas.”
This rush to implement the SIV program has proven to be just
as disastrous and potentially devastating as all other efforts to rush an end
to our involvement in Afghanistan and Iraq. Allowing Afghans unbridled access
to the United States in part because they have been
vetted by their country and shown to have no criminal record is ludicrous in
light of the fact that record keeping in Afghanistan is virtually non-existent. An FBI
check is also virtually useless since the FBI has had minimal oversight in Afghanistan and little access to these
applicants.
Assistant
Secretary Edson himself acknowledged such. “Risks for the applicants and our
staff who process these cases are real,” he said. “Constant attention to changing
political and security realities is needed.” Such vigilance is lacking however
in our ‘sprint’ to implementation.
Suspect connections
The vast majority of these applicants for the SIV program
are of little risk to our security and will in fact in all likelihood be good US citizens. Some of them however have
the type of connections, tribal affiliations, and philosophical leanings that
combine to make them perfect for anti-US terrorist-type tasking once they are
firmly established in the states.
The most effective means of identifying the dangers within
the crowd of applicants is the required counterintelligence (CI) interview that
takes place once the issuance of the visa is virtually a foregone conclusion.
During this interview, an effective interviewer can uncover relationships and
former affiliations that may radically influence an applicant.
The problem however is that once the applicant reaches this
part of the process, they and their sponsor, normally a commander who has
become enamored with ‘their’ linguist are convinced of acceptance and highly
resistant to any undue reporting from the interviewer.
One CI interviewer reported, “Commanders
who sign the letters of recommendation, are often ignorant of the details of
the program. They can and do however, use their rank and influence to speed the
process for an interpreter they've had only a passing, working relationship
with, and about whose personal live they know nothing.Failure to give the thumbs up to their
linguist can be met with hostility from their sponsor, most often a high
ranking commander.”
This insistence on approval of their candidate stems
additionally, from the fact that negative, anti-coalition associations their
linguist may be shown to have had, indicates a lack of vigilance on their part.
This can be embarrassing to the commander.
Another problem resulting from a rush to implementation is
that little or no guidance for the CI interviewer has been forthcoming from
Department of State or Department of Homeland Security.A lack of operating procedures and criteria
guidance complicates this particular step in the process.An interviewer that doesn't know what
information is required is at a disadvantage before the interview even takes
place. Most of these applicants have been plucked from the cradle of terrorism
and detecting negative behavior, associates, and ideology even by experienced
CI agents is extremely difficult at best.
One CI agent encapsulated the problem with
the following:
“Conspiracies
aside, those who have faithfully worked with CF [Coalition Forces] and who have
no terrorist affiliations can still be a threat and pose a risk to National
Security. I interviewed an interpreter who I will refer to as Karl. Karl had
worked with CF for more than three years and came to the interview armed with a
folder full of recommendations and certificates of appreciation from the
numerous units with whom he had served.All other investigations had found no derogatory information in his
file. He was one of the few Afghans that had completed high school and had
received good grades in all his subjects. He professed a duty to be a good
example and an upstanding member of his family and community. His older
brothers had sacrificed their education to work, in order that Karl could have
a better chance than they did. He did not drink, use tobacco, or drugs. His
background record did contain derogatory information. Why no one else had found
it is a mystery to me. When it came to lifestyle regarding women, his responses
came after pregnant pauses. While he professed to be a virgin and had never
paid for the services of a prostitute, his voice became much quieter when
denying those activities, his body screamed 'yes'. This particular detail may
appear irrelevant in the scope of his suitability for a visa but has far
reaching implications. The greatest being his ability to leave the protection
of a military installation, venture into hostile areas, and partake in an act
deemed highly immoral within the Muslim community. How is it that he could be
out in a town with terrorists that are looking for any means to harm CF and not
get captured or killed? Knowing that it could bring shame to himself and his
family, Karl is ripe forexploitation by entities unfriendly to the US.His
vulnerability to blackmail places him, the unit he works with, the installation
he works at, and, if granted a visa, the US in general at risk. Involvement with prostitution by
itself is not reason enough to deny a petition for SIV. Karl's relationship
with it becomes a point of weakness and vulnerability that precluded him from
receiving an approval.
“That might well be
the end of that but often commanders who refer interpreters have grown so attached
to them that they seek the needed approval elsewhere. An attitude of 'interview
this interpreter until he gets it right' regardless of the implications is
a problem endemic to this program. Colonels and Generals who are used to
hearing 'yes' bristle when told 'no'. This is especially true if that no comes
from a low ranking enlisted soldier or a contractor.”
Abdul will probably get his visa and will more than likely
be living in the United States. The CI interviewer who screens him will use all his experience and intellect to
ascertain whether Abdul is a potential threat but all things considered his
chances of success are slim. The pressure placed on the CI community to approve these applicants will assure that. Our rush to conclude
this operation and leave having made no grave mistakes will continue to provide
all the necessary ingredients for another 9/11.
Godfrey Garner, PhD, a retired Special Forces officer, provided
counterintelligence services in Afghanistan as a contract employee. His previous articles for Homeland Security
Today were “Biometrics on the Battlefield,” in the March 2010 issue and “Super
Sleuth” in the May issue.