An Immigration Enforcement Tool That Works - For Everyone

Most employers tell us that they don’t want to hire illegal workers. They just aren’t always sure how to tell who’s legal and who’s not. That is where E-Verify comes in. It’s a free and voluntary program that lets employers quickly check the status of new employees online.

E-Verify is an enormous success. It works to make sure the workers’ name and social security number match, and that noncitizen workers are authorized to work. The system is good at keeping illegal workers out of the workplace. About 5% of all the workers who are checked by the system cannot establish that they are authorized to work in the United States. Most of them walk away when they are challenged, even though it’s easy for legal workers to fix their out-of-date information in the Social Security Administration’s (SSA) database. (Actually, it’s not just easy. It’s a really good idea and will help legal workers get Social Security benefits more quickly if they are hurt on the job or when they retire).

What about legal workers? We don’t want to make getting a new job more difficult than it should be. Here too, the story is a good one. For 98% of the workers who are actually authorized to work in the US, the system returns an instant green light – not even a data mismatch to update. Put another way, for practically everyone except the 5% who aren’t legal, E-Verify provides instant verification. No hassles, no sweat, no window for discrimination. Of course, getting to this point has taken a lot of sweat on the part of DHS. We asked Westat, a respected research firm, to do independent evaluations of E-Verify five years ago and again this year, and the Westat evaluation showed that the “instant green light” rate has risen exponentially in those years, thanks largely to improvements in DHS records.

We’re not resting on our laurels, though. We’re working to get from 98 to 99% or higher. We won’t get to 100% because the 2% of work authorized new hires who get a “yellow light” often have forgotten to update their Social Security record. Perhaps they didn’t tell Social Security when they became a U.S. citizen, or when they married and changed their name. Since that’s a problem that needs to be fixed, some would say that they should be pushed into fixing it. However, we are trying to reduce even those cases. Our newest enhancement will allow E-Verify to check naturalization records electronically, even for people who have never notified Social Security of their new status. (The Westat report does not mention this enhancement, since it will not be implemented for another month or so.)

Early next year, we also will provide a 1-800 number to resolve SSA “yellow lights”, which will eliminate time-consuming personal visits to government offices. As an even longer-term improvement, we plan to regularly update the SSA database with naturalized citizen data to prevent mismatches in the future. In addition, we will continue to bring more of our records on line, so that no worker gets a “yellow light” because our records are not up to date; that effort is also underway.

At the same time, we are improving the enforcement capabilities of E-Verify. In order to prevent illegal workers from simply stealing the name and Social Security number of a legal worker, we are putting photos on line, so employers will see the photo that should be on the ID the worker presents.

As a result of these changes, E-Verify is a remarkable success story. The number of employers using it has doubled in each of the last few years, and enrollments are increasing by a thousand employers a week.

It’s an iron law of Washington, though, that if you actually take immigration enforcement seriously, you’re going to make a lot of powerful interests angry. And so it’s not a surprise that the success of E-Verify has engendered a big increase in criticism.

Probably the most aggravating claim, made in a recent article by a business lobbyist, is that E-Verify could increase discrimination against immigrants. I don’t understand why a business representative would accuse his own industry of being prone to discrimination, but even if that’s so, E-Verify won’t make employers more likely to discriminate. In fact, the Westat report found that employers using E-Verify said they were more willing to hire foreign-born workers, not less. Rather than promoting discrimination, E-Verify is actually becoming a safeguard against discrimination, because it objectively verifies the employment authorization of foreign-born workers who might otherwise be the subject of subjective guesses about employment eligibility.

Stewart A. Baker
Assistant Secretary for Policy

Saint Elizabeths

Our primary mission at DHS is protecting our nation and our citizens, but as the newest and third largest agency in the federal government, we must also tackle hefty administrative challenges on a regular basis. One example is our headquarters location. We currently have employees scattered throughout 70 buildings across the National Capital Region which – among other difficulties – impedes our communication and effectiveness.

To remedy this situation we’re consolidating DHS facilities and collocating 14,000 of our Headquarters personnel at St. Elizabeths, a historic hospital campus located in Southeast Washington. Once completed, this project will further unify our components, enhance communication, and increase our mission effectiveness, ultimately improving our nation’s security.

There are three issues we’re focused on as we plan our move to St. Elizabeths in the coming years. One is size. Last year we completed a plan that identified our specific needs for office space and associated parking on a secure campus. Because space in and around Washington is already limited, we had to remain flexible and culled out just those critical mission functions the Secretary requires to effectively manage the department. Our goal is to reduce our total number of office locations from more than 40 to about six or eight.

Another issue is the historical significance of St. Elizabeths. Built over 150 years ago, it remains a National Historic Landmark and we intend to honor its history by retaining and adaptively reusing between 82 and 89 percent of the contributing square footage. Unfortunately many of the buildings of the West Campus have been neglected over time and are in disrepair. Thanks to the General Services Administration, these buildings have been stabilized and protected for use in the near future. New construction will be added in a manner that respects the landscapes, views and circulation patterns that are important historical characteristics of the site.

In addition to size and historical concerns, we’re also keenly aware of the impact our move will have on the surrounding community. To that end we will work directly with community leaders to establish a framework for limited public access; while still preserving our security and operational requirements. The General Services Administration’s world-class designers will minimize impacts to views to and from the campus and within the length of the campus. And we also plan to exclude the West Campus Cemetery from any security perimeters, thus making it accessible at all times to the public. We look forward to being good neighbors and valued members of the community.

It’s important to understand that we are not only master planning a site, which is a National Historic Landmark, we are also master planning how the Department of Homeland Security will function to support the nation. We are not simply placing square footage on a piece of property; we are aligning our facilities to support the federal government’s most critical responsibility; the protection of its citizens. That responsibility demands facilities that support close cooperation, coordination communication and integration.

We also understand that there are stakeholder interests in the property and we continue to work towards accommodations where possible. I firmly believe St. Elizabeths West Campus can meet our mission needs and at the same time, we can preserve this important landmark.

Don Bathurst

Chief Administrative Officer

A Question of Balance

DHS representatives are often asked whether it is true that whatever is done to strengthen security must be at the expense of privacy, as if it were a zero-sum game. As Secretary Chertoff said in Montreal before an international conference of the data privacy community, such a balance is subjective and fails to recognize that privacy can and must be preserved while securing the homeland. Reasonable people want security and privacy, and would prefer not to assign a relative value to each fundamental right.

Moreover, adopting the balance paradigm effectively denies the ability of our leaders and institutions to craft policies that achieve both of these aims. Why assume the tradeoff, when we can adopt policies and employ new technologies that support privacy and security alike?

DHS policy is to uphold both privacy and security, because both are fundamental rights and one positively impacts the other.

Consider for example, the fair-information practice principle of transparency. DHS posts its System of Record Notices and Privacy Impact Assessments on our website. These documents inform the public what personal information the government is collecting; how it will be used and shared; what consent, access and redress rights the individual may have; how the information will be protected; and how compliance with these protections is audited. Privacy is enhanced by revealing what the government is doing, and security is enhanced by DHS supporting systems intended to protect the public.

In his prepared remarks to the Privacy and Civil Liberties Oversight Board on December 5, 2006, Fred Cate, Distinguished Professor and Director of the Center for Applied Cybersecurity Research at Indiana University, noted that he had been “struck by how closely connected privacy and security really are.” The thrust of Cate’s remarks was that good privacy protection not only can help build support for the appropriate use of personal data to enhance security, it can also contribute to making security tools more effective. I agree with Professor Cate. Protecting privacy while protecting the homeland builds public trust in our institutions. I see privacy and security as compatible and supporting partners in our mission to use information effectively to protect the homeland.

Hugo Teufel
Chief Privacy Officer

Giving Thanks

Thanksgiving is tomorrow and I want to take this opportunity to thank all of my colleagues at DHS for their hard work protecting our nation. I am very grateful for the 208,000 dedicated men and women who make up our department. Their commitment to the security of our homeland has played a pivotal role in preventing another attack since 9/11.

While you are traveling this holiday season, Transportation Security Officers will be hard at work in our airports making sure that dangerous people and items are not brought aboard aircraft. The men and women of Customs and Border Protection will not rest over the holiday weekend as they stand watch at our nation’s borders. The Coast Guard will continue to patrol our waters, rescuing those in distress while maintaining our maritime safety and security. ICE and the Secret Service will continue their mission to keep us safe from bad people and bad things. FEMA will continue its efforts to help those in Southern California recover from the devastating wildfires, and Citizenship and Immigration Services will continue to process immigration applications and assist Iraqi refugees. Each member of the DHS family is crucial to our mission of securing America, I am truly thankful for their service.

I’d especially like to give thanks for our troops serving abroad, including in Iraq and Afghanistan. As I mentioned last week, I had the opportunity to travel to Iraq recently and meet many of these brave soldiers. Their commitment to our country remains steadfast and I encourage you to keep them in your thoughts this Thanksgiving.

And finally I want to thank all Americans for doing their part to keep us safe. Whether it be reporting suspicious activity or preparing a Ready kit for your family, everyone can play a part.

Happy Thanksgiving.

Michael Chertoff

Chemical Security: Publication of the List of Chemicals of Interest

Today, the Department of Homeland Security’s published the final Appendix A to the Chemical Facility Anti-Terrorism Standards in the Federal Register. Appendix A is essentially a list of chemicals that, if stolen, could be turned into a weapon, or, if released near populated areas, could potentially harm or kill hundreds or thousands of people. Appendix A is important because it defines the universe of sites and facilities that will enter the first step in DHS’s regulatory process, and, if those sites and facilities are determined to be “high risk,” could be required to meet federal security standards under the rule.

The chemical sector is an essential part of America’s critical infrastructure and economy. Chemical facilities, and facilities that use or store chemicals, are responsible for the production of food, medicine, safe drinking water, energy and fuels, plastics, electronics, and other everyday items. Our national and economic security, as well as our present standard of living, depends on the continued production and transportation of chemicals and the vitality of the sector. The law Congress passed, and our regulatory structure, will raise the level of security at high-risk facilities without crippling these important industries.

Publication of Appendix A triggers a 60-day clock: If a facility possesses a chemical listed in Appendix A at or above the quantity noted, it is required to complete and submit to DHS a Top-Screen assessment by 60 calendar days from today, or January 22, 2008. (If a facility later comes into possession of a listed chemical at or above the quantity noted, it will have 60 calendar days from that date to fill out the Top-Screen.)

Once DHS has information from the Top-Screen, it will make preliminary determinations as to which facilities present “a high level of risk”—the facilities that Congress authorized DHS to regulate. Facilities determined to be high risk will have to conduct vulnerability assessments, and, based upon the risk the facility presents, develop and implement a site security plan that meets DHS’s performance standards.

This journal entry is one of many ways that DHS is reaching out to remind facility owners and operators of their responsibility to comply with the regulation and complete the Top-Screen. We at DHS take our charge to ensure the security of Americans very seriously. Terrorists are quick to take advantage of vulnerabilities, and we have seen chemicals exploited offensively overseas. The requirements set forth in Appendix A are sensible, workable and thorough, and we will vigilantly enforce these standards to protect our homeland.

Robert B. Stephan
Assistant Secretary for Infrastructure Protection

SimpliFLY for Smooth Thanksgiving Travel

Thanksgiving is one of the busiest travel periods of the year. This week promises to be challenging, as the Air Transport Association has predicted a four percent rise in Thanksgiving passenger levels from last year, when 23.6 million people went through the country’s commercial airports. It’s a stressful time for air travelers with lines at the sky cap, lines at the check-in counter, lines for coffee and snacks, and lines at the checkpoint.

We can’t do anything to speed up the other lines, but I can assure you that we are doing everything we can at TSA to make your holiday security experience an efficient and smooth one. Our Thanksgiving operations strategy involves running checkpoints throughout the country at full capacity, with extended hours, to accommodate the holiday travel crowds. Our National Deployment Officers, a mobile force that provides additional screening support nationwide, will be deployed to eight of the nation’s busiest airports, including Atlanta Hartsfield International Airport, Chicago O’Hare Airport and Washington-Dulles International Airport – and they can be redeployed to another airport at a moments’ notice if the need arises.

We’ve authorized the maximum overtime usage for Transportation Security Officers, who will be missing holiday time with their families so they can assist you in making it safely to see yours. TSA headquarters and local airport administrative staff will also be volunteering throughout the holiday weekend to assist passengers.

Lastly, TSA will be in contact with the Federal Aviation Administration and our stakeholders to monitor any issues, including weather, that could cause problems in the aviation system. Our Federal Security Directors, who manage security on-site in airports, have already met with their airport partners and appreciate their active participation in efforts to keep the security process moving.

We’re doing all we can, but we need your help as well for this holiday travel season to be a success. What can you do? Help us quickly diagnose that you’re not a threat by packing and dressing security-smart. It will get you through the checkpoint faster and help us keep wait times down.



Lots of common, harmless items can look like threats in an x-ray image, especially if they are hidden by lots of clutter. To help you prepare for your next flight, TSA has launched an awareness campaign called SimpliFLY. Here are some quick tips to SimpliFLY your trip:

• Pack an organized carry-on bag using layers – a layer of clothes, then electronics, more clothes, and then a layer of other items like toiletries. This will help security officers see what’s in your bag.
• Have your boarding pass and ID ready for inspection when you get to the checkpoint.
• Remove your shoes, suit jacket, coat and bulky sweaters and place them in a bin for the x-ray machine. If the officer can get an unobstructed view, there’s less of a chance you’ll get held up with additional screening. Don’t wear complicated lace-up shoes or boots that are difficult to remove and put back on.
• Place any oversized electronics (laptops, full-size video game consoles, DVD players and video cameras that use cassettes) in a separate bin. iPods and other smaller electronics can stay in your carry-on bag.
• Follow the 3-1-1 rule for liquids and put your one quart baggie in the bin to be x-rayed. Even better, put all your liquids in your checked bag.
• If you’re not sure about whether you can bring an item through the checkpoint, put it in your checked bag or leave it at home. Click here to see the list of prohibited items.
• Specifically for the holidays, remember that food and gift items (liquor, perfume, antique weapons) can fall under the 3-1-1 rules or be on the prohibited items list.

By following these simple rules, you can play a critical role in security by letting us focus on the real threats. Thank you for your efforts to make this Thanksgiving travel season a safe one.

Kip Hawley
TSA Administrator

The Long-term Business of Travel Security

This week, TSA has been the subject of two different congressional committees to talk about covert checkpoint testing [here and here], and the headlines would grab anyone's attention. Assuming that you missed the actual hearings and viewed only the headlines or the videos, below is my summary of the hearing I wish I had:

Q: Are there vulnerabilities in TSA's checkpoint security -- specifically related to IED's?

A: Yes, there are vulnerabilities to any and every security measure.

Q: Is that dangerous?

A: Only if you don't identify the vulnerabilities and don’t do something about them.

Q: What vulnerabilities have you identified?

A: For carry-on bags, our current x-rays don't automatically identify all kinds of explosives so we have to depend on the Transportation Security Officer (TSO) at the x-ray to identify potential threats, call for a bag search and resolve the issue. This is of course subject to human error -- there are something like ten million images a day we examine.

For shoes, magnetometers and the old "shoe profile" don't necessarily identify all threats.

For people, magnetometers alone don't necessarily identify all threats.

Q: What have you done about it?

A: For carry-on bags: complete workforce re-training by professional bomb techs supported by 300 full-time bomb techs deployed at checkpoints for hands-on help and training. Checkpoint IED drills using bomb components and simulated explosives, every lane, every shift, every day, every airport. New Advanced Technology x-ray equipment will be deployed during 2008 (about 500) as well as explosive liquids detectors (about 200).

For shoes: we X-ray all shoes, which is very effective at identifying shoes that have been tampered with.

For people: We are conducting random and selective explosives detection on passengers using Explosives Trace Detection as well as pat-down procedures. We are testing Backscatter and Millimeter Wave whole body imaging portals.

For the unknown evolving threat, we’ve added extra layers of security, better technology, a strategy of flexible, unpredictable security measures, and constantly train and test our TSOs. We could reduce risk further by eliminating carry on bags all together, but that would cause additional inconvenience for the people we are trying to serve.

TSA has a very good story to tell that you would have missed if you only saw the videos and the headlines. Here it is:

Shortly after I became Administrator of TSA in July 2005, I asked our Office of Inspection, the office that conducts covert testing for TSA, to identify the vulnerabilities in our system at that time. We looked at technology vulnerabilities, people vulnerabilities and strategy vulnerabilities, and learned that we had work to do in all three areas.

Checkpoint technology needed to be upgraded to eliminate the possibility of bringing IED components, not an assembled bomb, through the checkpoint – a much harder task.

Our workforce was too checklist-oriented. Security officers were looking to find prohibited items and pull them out of bags, but they weren’t thinking outside the box.

Our strategy was stagnant and reactive. We needed to change up what we do and not be a sitting duck at the checkpoint. We needed to go on offense.

The analysis that resulted from covert testing gave us the path forward to better security. We retrained the entire TSA workforce using professional bomb tests directed at finding IED components, and changed our protocols to require us to train and test to the standard of IED components.

We’ve tested and deployed new technologies, including advanced technology X-ray, passenger imaging technology and other enhanced explosives detection technologies.

In the past two years, we’ve also added four additional layers of security – to give us a total of 19 - to address vulnerabilities and go on the offensive. Behavior observation identifies suspicious behaviors related to surveillance or pre-attack planning. Assuming document checking responsibilities enables us to use new technology to detect fraudulent documents while also tying in the behavior detection aspect.

VIPR (Visible Intermodal Protection and Response) teams utilize Federal Air Marshals who are not flying on aircraft. They now move under cover – and overtly – to do random patrols everywhere in the airport environment. And lastly, employee screening allows us to look at what employees are doing inside the airport - at the fuel pump, in the parking garage, around the perimeter of the airport.

So while the media reports focus on today’s hot topic of professional testers getting simulated bombs through checkpoints, the American public should know that TSA is very serious about the long-term business of preventing the real ones from getting through. We’ve implemented a risk-based strategy, rooted in intelligence and multi-layered to address vulnerabilities, that is sound enough to address the threats we know about today and flexible enough to deal with the ones we’ll find out about tomorrow.

Kip Hawley
TSA Administrator

The Cosco Busan Oil Spill--Finding Answers

Last weekend, I flew to San Francisco to get a first-hand look at the Coast Guard’s response and the ongoing cleanup of a 58,000-gallon fuel oil spill in the Bay. I met with local and state officials, received a briefing from the Unified Command, and conducted an overflight of the area to assess the damage and cleanup operations. Every place I went, I witnessed overwhelming unity and support from Bay area residents. They are a dedicated and compassionate people who care deeply about their community. We owe them a great debt of gratitude for their help in responding to this preventable incident.

What happened: On November 7th, the 900-foot container ship Cosco Busan with a full crew and San Francisco Bar pilot aboard struck the tower supporting the western span of the San Francisco-Oakland Bay Bridge in a heavy fog. The allision resulted in a 200 foot long tear to the port side of the ship that ripped open several fuel tanks. Members of Coast Guard Sector San Francisco responded to initial reports to assess the damage and begin coordinating cleanup operations. Coast Guard pollution investigators were on scene within an hour of initial notification. A Unified Command comprised of the Coast Guard, California Department of Fish and Game, and a contractor hired to represent the ship’s owner, was established to coordinate and manage the oil spill cleanup operations in accordance with the National Response Plan and the local Area Contingency Plan.

What We’re Doing: As of Friday, more than 1,000 people have been assigned to the cleanup operation and approximately 16,000 gallons of oil has been recovered from the water and surrounding shoreline. Six shoreline assessment teams have been deployed in support of 16 cleanup teams working on more than 27 beaches in five counties. More than 20,000 feet of protective boom has been put in place to protect sensitive areas and reduce the spread of any remaining oil on the surface. Regrettably, more than 800 oiled birds have died, while 800 more have been captured for rehabilitation. Most of the observable oil on the surface of the waters has been recovered, and cleanup crews are now focusing their efforts on cleaning shoreline beaches.

The National Transportation Safety Board initiated an investigation into the allision. They will examine the performance of the master, pilot and crew, as well as the operation and maintenance of equipment and navigation systems. In addition, a Coast Guard marine casualty investigation for the purpose of taking appropriate measures for promoting safety of life and property at sea has begun.

What I’m Doing: While these investigations are ongoing and all of the facts have not yet been determined, it is clear that there was some miscommunication in the first day after the allision occurred as the Unified Command struggled to determine the actual amount of oil spilled into the Bay. Many have criticized the delay in reporting of the actual amount of fuel spilled. Everyone potentially impacted by this environmental crisis, from the fishermen, to the families in the Bay area, to the environmental preservationists who enjoy and rely on the Bay, deserve to know what happened. I understand their concerns and frustration and am committed to getting answers.

That is why I directed the Coast Guard Chief of Staff to initiate an Incident Specific Preparedness Review (ISPR). It will examine the implementation and effectiveness of the Area Contingency Plan and its integration with other applicable contingency plans at the federal, state, and local levels. The review will also carefully evaluate the effectiveness of the Coast Guard’s oil spill response and communications efforts, as well as the overall preparedness system. The Incident Specific Preparedness Review includes membership of federal, local, state, and industry stakeholders. The ISPR will inform actions by the Coast Guard and others to produce positive, effective preparedness improvements that will benefit the San Francisco Bay region, as well as other regions of the country.

Members of the Cosco Busan Incident Specific Preparedness Review will include representatives from:

• The City of San Francisco
• The State of California
• Pacific States - British Columbia Oil Spill Task Force
• Pacific Merchant Shipping Association
• National Oceanic and Atmospheric Administration
• U.S. Coast Guard (Chairman)
• An appropriate member of a broadly representative environmental coalition

The members will provide my Chief of Staff with an initial report within 90 days. I am committed to ensuring this review is done in the most timely and transparent manner possible and will make it available to the public upon its completion. The results of the review will also be made available to the NTSB, marine casualty investigators, and the U.S. Attorney’s Office for San Francisco in support of any ongoing or potential investigations.

I consider it my duty and a personal responsibility to the people of the San Francisco Bay Area, the State of California, and our own people to conduct a comprehensive, high level assessment of our performance in the critical hours after the Cosco Busan spilled thousands of gallons of oil into the Bay. While we would not normally initiate an Incident Specific Preparedness Review during the course of an ongoing cleanup operation, I have determined that due to the severity of this incident and the potential benefits in identifying areas to improve response coordination and communication in the future, it is imperative that we get this review underway as quickly as possible. This action underscores the commitment I have made to Secretary Chertoff, Governor Schwarzenegger and our Congressional leadership. We will not rest until we know what happened, why it happened, and what we can do to improve preparedness and response in the future.

Admiral Thad W. Allen
Commandant U.S. Coast Guard

A Visit to the Middle East

This past weekend, I traveled to the Middle East to participate in several events with our servicemen and women and to meet with a number of our allies throughout the region. I visited Iraq, Bahrain and Jordan, and on the way back, met my European counterparts in London.

I’d like to share with you some highlights from the past few days.

On Veterans Day, I had the privilege of administering the Oath of Allegiance to over 170 U.S. soldiers at a naturalization ceremony in Iraq. They were born in over 50 countries. Ironically, the ceremony took place in an auditorium formerly used by Saddam Hussein as a movie theater. But most remarkably, these brave men and women were willing to leave their native homes and put their lives in danger to defend America before they were naturalized American citizens.

After Iraq, I went to Bahrain and met with several U.S. Coast Guard members who are assisting in Operation Iraqi Freedom. There, a small unit is doing a tremendous job securing ports in the North Arabian Gulf, augmenting U.S. Navy security forces, training Iraqi sailors and marines, and protecting Iraq’s oil infrastructure, which is crucial to overall reconstruction efforts. In addition to Coast Guard forces, DHS has Customs and Border Protection personnel stationed in and around Iraq to help train Iraqi soldiers and strengthen their border security efforts.

DHS personnel deployed overseas are directly enhancing our security at home. By working closely with Iraqi, American, and Coalition Forces, they are helping to stabilize a fledgling democracy, creating a safer Iraq and therefore a safer Middle East. And a safer Middle East means a safer world for us and our allies. These young men and women are also goodwill ambassadors, setting an example and forging relationships that enhance America’s reputation in Iraq and the Gulf.

But America also has a responsibility to extend its protection to vulnerable populations, including those in Iraq. And, of course, our greatest duty is to those who are at risk because they have worked side by side with our military and civilian personnel. So I also visited a refugee processing facility in Jordan to examine what we are doing to process Iraqi refugees seeking asylum in our country. We are processing Iraqis faster than any other nationality and the pace is increasing. At the same time, we have to remain thorough in our screening procedures, so terrorists and criminals do not exploit our refugee process to sneak into the country. DHS, U.S. State Department, and Jordanian officials are equally committed to this goal.

Thanks for reading.

Michael Chertoff

State of Immigration

This past August, in the wake of Congress’ failure to pass comprehensive reform, the Administration launched a series of major initiatives that are designed to secure our homeland by building on the progress already made against illegal immigration.

Yesterday, I delivered the first of a series of updates on how we are doing on this critical matter.

In previous journal entries, I detailed our work along our Southern Border, from building pedestrian and vehicle fencing to deploying thousands of new Border Patrol agents, along with National Guard members.

As we’ve put more fencing and boots on the ground, we’ve witnessed a 20% decline in cross-border apprehensions from the previous year, indicating that fewer people are trying to come here illegally. Financial remittances to Mexico have also declined, and we’re seeing fewer people in traditional border staging areas.

I want to talk to you now about similar progress we’ve made in interior enforcement. Immigration and Customs Enforcement (ICE) officers arrested over 3,500 gang members and their associates this past fiscal year. ICE also added 23 fugitive operations teams, and reduced its fugitive case backlog by more than 35,000 individuals.

ICE has also cracked down on employers who knowingly hire illegal immigrants. In fiscal year 2007, ICE made 863 criminal arrests, 4,077 administrative arrests, and obtained more than $30 million in criminal fines, restitutions and civil judgments as a result of worksite enforcement efforts.

We’ve made remarkable progress through stepped-up enforcement, but an enforcement-only approach does not fully address the illegal immigration problem. That’s why we’re giving employers better tools to verify their workforce and comply with the law. More than 24,000 companies were enrolled in E-Verify (our web-based system that allows employers to check if a worker is authorized to work in this country) this past fiscal year, and today, that number is 30,000.

In addition to providing tools for employers, we must also acknowledge that many of our economic needs are met by foreign workers. We must have effective legal channels for employers to hire temporary workers when American workers are unavailable, especially in the agriculture industry. That’s why we’re working with the Department of Labor to strengthen and streamline the H-2A Agricultural Seasonal Worker Program.

Some critics suggest that the federal government lacks the will to enforce the law. The record shows that criticism is untrue. But what is true is that we’ve had to fight lawsuits and special interests every step of the way, because some business and advocacy groups favor a silent amnesty and the status quo over enforcing our laws. My commitment is that we will not back down.

Thanks for reading.

Michael Chertoff

Marine Safety and Security--Two Sides of the Same Coin

Since the attacks of 9/11, the Coast Guard has adapted to meet the growing needs of the nation and the challenges surrounding new and evolving threats of the 21st century. We have grown and taken on new missions while moving from the Department of Transportation to the Department of Homeland Security. Some members of Congress and within the commercial maritime industry have expressed concern recently that the Coast Guard’s emphasis on protecting the homeland from terrorism detracts from other Coast Guard missions, like our marine safety program.

I am committed to our long-standing legacy missions as much as I am to our expanded homeland security mission, especially since marine safety and security are not mutually exclusive. They are both vital to our national interests and must be closely coordinated to be effective. The fact is, safety and security are two sides of the same coin. It is precisely that paradigm that makes the Coast Guard so effective and efficient. We employ a unique combination of military, humanitarian, and federal law enforcement authorities and capabilities to keep our waterways and critical maritime infrastructure safe and secure. Our greatest strength is our responsive, flexible and adaptive character. We are always ready – for all maritime threats and hazards.

In the past six months alone, Coast Guard men and women have responded to the call for help on the high seas from mariners and ships hailing from across the globe – from the Bering Sea to the Gulf of Mexico. Like most emergencies at sea, these situations were complicated and required much more than simply rescuing mariners in distress. They involved crewmembers and cargos from around the world, as well as the potential for major oil spills.

Today, more than ever before, our safety, security and environmental stewardship missions are inextricably linked like the interwoven threads of knitted blanket. Remove one thread and the others begin to unravel.

Many of you may think of the Coast Guard as lifesavers and guardians. Saving lives is one of our first and proudest missions, but we believe preventing maritime disasters is just as important as responding to them when they do occur. The Coast Guard is a world leader in helping prevent accidents at sea and maintaining the security of cargo and ports. Our marine safety program is responsible for ensuring the safe operation and navigation of some 20,000 U.S. and foreign-flagged vessels.

Each year, Coast Guard inspectors conduct more than 70,000 domestic vessel inspections and 10,000 port state control exams to help safeguard maritime commerce, international trade and supply chain security. Trained investigators also conduct 14,000 casualty, suspension and revocation, and civil penalty cases annually to investigate marine accidents and violations. These investigations help prevent future maritime tragedies and leverage lessons-learned to make maritime commerce safer. All of these duties are carried out by a cadre of approximately 1,000 trained uniformed and civilian inspectors, investigators and port state control officers stationed all across the nation and around the world.

Our marine safety program needs to grow to keep pace with significant expansion in the worldwide maritime industry, and we are working toward that end. This August, I commissioned a review of our marine safety program and on September 25, I provided a comprehensive plan to Congress (Enhancing the Coast Guard Marine Safety Program). The plan outlines more than a dozen new initiatives under three broader program goals that I intend to pursue and implement with the support of Congress, in cooperation with the commercial marine industry. The first goal is to improve major marine safety program capacity, competency and performance. The second goal is to enhance service delivery to mariners and industry customers. The third goal is to expand outreach and advisory mechanisms for industry and maritime communities.

We are also modernizing the Coast Guard – improving our organizational structure so that in any maritime incident, we can get our folks where they need to be, with the right training and equipment, in the quickest way possible. To better serve the American public, we also brought together our rapidly deployable emergency response teams under one Deployable Operations Group command, whose skills and capabilities complement those of other Federal, state and local response agencies. Like the rest of the Coast Guard, these highly trained deployable teams carry out a broad range of safety, security and environmental protection missions.

As I told the Propeller Club of DC a few weeks ago, as we work to improve our Marine Safety program and our service delivery structure, we will remain focused on all of our core roles and missions. The Coast Guard will always be about protecting our citizens, our communities, the marine environment, and U.S. economic and security interests within our ports and inland waterways, along our coasts, and around the globe. Just as we have for 217 years, America’s Coast Guard will be there to keep all of us safe and secure.

Admiral Thad W. Allen
Commandant U.S. Coast Guard

Secure Flight – Opportunity Knocks

Keeping known terrorists off airplanes is one of the obvious first steps of transportation security. The No-Fly list is the primary method that makes this possible. Today, anybody identified as a “No-Fly” is kept from boarding any flight to or in the United States. That’s the good news. The bad news is that today, the government has to rely on the airlines – including international carriers – to do the matching. There is no reason to think that this system is letting “No-Flys” on planes, but there is plenty of evidence that many ordinary passengers get wrongly drawn into the no-fly filter of a given airline.

Most people who cannot get a boarding pass at home or at a kiosk are caught in that filter – their name is probably similar to someone on the real No Fly (not allowed to fly) or Selectee (subject to extra screening) watchlists. The watchlists aren’t excessively long, but often that’s the perception based on the number of people who think they must be watchlisted if they have to report to an airline counter. My experience is that people who are watchlisted, especially “No-Flys,” are well-aware of the reason and do not usually seek out conversations with security or law enforcement personnel. On the other hand, people who are confused with “No-Flys” are vocal indeed.

How do we fix this? Secure Flight is the program that will take the watchlist-matching process inside the government. This will have obvious security benefits and should solve the “false positive” issue where ordinary passengers have to explain that they are not the person on the list. This is especially true of those with non-Western names where there are spelling inconsistencies. That--essentially a software matching issue--is often taken as an indication that the government is doing inappropriate racial or ethnic profiling. We are not and will not.

So, when is this going to be fixed? The government wants it quickly for the security reasons (it is a core recommendation of the 9/11 Commission), travelers want it quickly for that reason and to eliminate the hassle that comes with false positive matches.

Implementation of this advanced prescreening system is also one of the key aviation security performance expectations established by the Government Accountability Office (GAO) in its assessment of the Department’s progress toward protecting the nation’s transportation network.

We have made major strides toward implementing Secure Flight. In the past, there have been valid privacy and program concerns, but the program released for public comment fixed those issues. In March 2007, TSA completed a total rebaselining, or redesign, of the program. It is now streamlined around name-based matching against the terrorist watch lists and has built-in privacy protections.

In August 2007, TSA published a Notice of Proposed Rulemaking (NPRM) proposing implementation of the Secure Flight program. The Department, TSA, and U.S. Customs and Border Protection have released a Consolidated User Guide to airlines, which includes proposed guidance for program compliance. Airlines have been asked to provide comments to TSA on that guidance.

Over the next few months, TSA expects to begin a benchmark testing period using information volunteered from airlines for the purpose of validating program assumptions.

TSA is working with the Congress to fund the program as part of Fiscal Year 2008 appropriations. With the necessary funding for Secure Flight, TSA can move forward with important contract awards and benchmark testing with airlines and later, parallel operations with airlines and the stand up of the Secure Flight Service and Operations Centers. When Secure Flight is up and running, the trip through the airport will be easier for passengers and more difficult for those who would do us harm.

Kip Hawley
Administrator
Transportation Security Administration