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Data Mining Adoptive Parents along with Suspected Terrorists

I’m a sucker for groups of adoptive kids. Like the time when a group of Michigan families with adopted Ethiopian kids had a rambunctious reunion at my favorite Ethiopian restaurant, with the owner catering to the kids like a grandparent. Or the time I shared a restaurant in Guangzhou with a bunch of French families who had just picked up their baby daughters; they somehow expected these girls who had lived in Chinese orphanages to immediately understand how to act like proper French kids.

There’s a lot that can be abusive in international adoptions, but when I see joyful gatherings like these, I’m awestruck by the faith such parents have in our common humanity.

Which is why I’ve been obsessing by one of the implications of this post. As I noted, DHS’s Inspector General helpfully explained that among all the other people in DHS’ IDENT database are the American citizens who had adopted internationally.

Individuals with fingerprints in IDENT include persons with an immigration history, such as aliens who have been removed but have reentered the country, immigration visa applicants, legal permanent residents, naturalized citizens, and some U.S. citizens.
IDENT includes two categories of U.S. citizens:

  • Citizens who have adopted a child from abroad (which involves U.S. Citizenship and Immigration Services), participated in a trusted traveler program, or may have been fingerprinted by immigration officials for smuggling aliens or drugs across U.S. borders;
  • Individuals who were not citizens at the time that their fingerprints were collected, but subsequently became citizens through naturalization, legal permanent residency, or immigration.[my emphasis]

Now, we can be pretty sure that when NCTC decided it needed to acquire US agency databases and data mine them with their existing terrorism databases, complete with the US person data they included, the IDENT database–the primary purpose of which is to track people who’ve come through the immigration system–was one of the first databases they went after.

Which is another way of saying the US persons in the IDENT database should assume they’ll also be in NCTC’s databases for five years. Including those parents who adopted children from China or Ethiopia or Guatemala or Romania.

“Well, if they’ve done nothing wrong they don’t have anything to be worried about.”

Perhaps. Except that the kind of people who adopt kids internationally may also tend to have reason for a significant number of international connections, whether because of religious faith, an effort to establish some tie to their child’s native country, or a comfort with international travel.

There are a lot of people whose biometric data shouldn’t be mined along with a bunch of terrorist suspects. At the top of that list, though, are families whose primary interaction with Bureau of Customs and Immigration Services entailed adopting a baby from another country.

DHS Inspector General Fluffs the Success of Secure Communities

Last Friday, DHS’ Inspector General released two reports purportedly written in response to an April 28, 2011 request from Zoe Lofgren to determine whether Immigration and Customs Enforcement and DHS more generally were lying about the Secure Communities program, and if so, if doing so was criminal.

As a threshold matter, the completion of two reports, rather than just the one, seems to be a bit of a smokescreen. Lofgren asked if government officials lied. In response, DHS’ IG decided to answer two questions:

  • Whether Secure Communities was effective in identifying criminal aliens and prioritizing cases for action
  • Whether ICE clearly communicated to stakeholders the intent of Secure Communities and the expectation of States’ and local jurisdictions’ participation

In addition to reframing Lofgren’s question to avoid fully considering why people had misinformed Congress and localities (and also, given the scope of their work, to avoid inquiring whether DHS, rather than ICE, had decided to do so), DHS IG first decided to see whether Secure Communities was effective. According to the list of major contributors included with each report, with the sole exception of Communications Analyst Kelly Herberger, two entirely different teams conducted the reviews. The report that at least sort of responded to Lofgren’s questions was issued on March 27, whereas the non-responsive efficacy report was issued April 5, though both were apparently sent out Friday together. ICE responded to both reports on the same day–February 23, 2012–so it seems the different release dates comes because the efficacy report was revised in some way (the date on the conveyance letter for the efficacy report is in a non-standard sans serif font, which sort of makes you wonder…).

In short, the submission of these two reports together stinks, though it presumably had the desired effect, as the NYT reported “mixed reviews” for Secure Communities. HuffPo and LAT were less compliant, focusing instead on the communications report instead.

That said, the purported “good” efficacy report doesn’t actually prove that Secure Communities is working all that well. Here’s the summary of their results:

We performed this audit to determine if Secure Communities was effective in identifying criminal aliens and if Immigration and Customs Enforcement appropriately prioritized cases for removal action.

Secure Communities was effective in identifying criminal aliens, and in most cases, ICE officers took enforcement actions according to agency enforcement policy. Under Secure Communities, the agency expanded its ability to identify criminal aliens in areas not covered by its other programs. In addition, it was able to identify criminal aliens earlier in the justice process, some of whom it would not have identified under other programs. Secure Communities was implemented at little or no additional cost to local law enforcement jurisdictions. Although ICE was able to identify and detain criminal aliens, field offices duplicated the research associated with their detention, and officers did not always sufficiently document their enforcement actions. To improve the transparency and thoroughness of its processes under Secure Communities, the agency needs to eliminate the duplication of research and ensure that officers fully document their actions.

One of the ways they quantify that success is with a claim that they had identified 692,000 “criminal aliens.”

According to ICE, as of September 30, 2011, it had spent most of the $750 million and identified more than 692,000 criminal aliens.

Now, the graphics they provide to back up this claim do show 692,788 “IDENT” matches in the last 3 fiscal years.

Never mind that the program has become less efficient over the years. In FY2009, ICE had 1,087 fingerprint matches for each activated jurisdiction, in FY2011 ICE had 372 matches. To some degree that’s expected–jurisdictions along the southern border joined in first–but  also suggests getting every jurisdiction in the country involved has diminishing returns.

More troubling, the report also reveals that some of the people–it doesn’t say how many–in IDENT are citizens.

Individuals with fingerprints in IDENT include persons with an immigration history, such as aliens who have been removed but have reentered the country, immigration visa applicants, legal permanent residents, naturalized citizens, and some U.S. citizens.
IDENT includes two categories of U.S. citizens:

  • Citizens who have adopted a child from abroad (which involves U.S. Citizenship and Immigration Services), participated in a trusted traveler program, or may have been fingerprinted by immigration officials for smuggling aliens or drugs across U.S. borders;
  • Individuals who were not citizens at the time that their fingerprints were collected, but subsequently became citizens through naturalization, legal permanent residency, or immigration.

So if you’ve adopted a kid from China? You’re in this database too. Read more

91% Fewer Terrorist Sympathizers with Twice the Cash and 48% More Surveillance

A number of people have pointed to this report showing that the terrorist threat is grossly overblown. Not only does it show that Robert Mueller was overselling the risk of Muslim-American radicalization in the early days of of the War on Terror, and he and Janet Napolitano and Peter King and others continue to do so.

Twenty Muslim-Americans were indicted for violent terrorist plots in 2011, down from 26 the year before, bringing the total since 9/11 to 193, or just under 20 per year (see Figure 1). This number is not negligible — small numbers of Muslim-Americans continue to radicalize each year and plot violence. However, the rate of radicalization is far less than many feared in the aftermath of 9/11. In early 2003, for example, Robert Mueller, director of the Federal Bureau of Investigation, told Congress that “FBI investigations have revealed militant Islamics [sic] in the US. We strongly suspect that several hundred of these extremists are linked to al-Qaeda.”1 Fortunately, we have not seen violence on this scale.

[snip]

These and similar warnings have braced Americans for a possible upsurge in Muslim-American terrorism, which has not occurred. Instead, terrorist plots have decreased in each of the past two years, since the spike of cases in 2009. Threats remain: violent plots have not dwindled to zero, and revolutionary Islamist organizations overseas continue to call for Muslim-Americans to engage in violence. However, the number of Muslim-Americans who have responded to these calls continues to be tiny, when compared with the population of more than 2 million Muslims in the United States5 and when compared with the total level of violence in the United States, which was on track to register 14,000 murders in 2011.6

But, as Kevin Drum emphasized, the number of Muslim-Americans indicted for supporting terrorism–rather than engaging in a plot–has declined steadily over the last decade.

But while discussing how overblown the threat from Muslim-Americans in this country is, we ought to look at another report, too–perhaps this one, bragging about how much the FBI has changed in the last decade. Because along with visualizing how much more the FBI is spending–more than twice as much–it also notes the FBI has increased surveillance 48% over the decade (and that’s separate from the surveillance the NSA and Homeland Security and local law enforcement have put into place).

In other words, it’s not just that Muslim-American support for terrorism has declined. But it has declined even while we’re spending far more resources looking for it, and we’re just not finding it, much.

True “Resilience” Would Help Prevent the Next 3,420 Climate-Related Deaths, Too

This article–showing how many stupid projects have been funded in the name of homeland security in the last decade–has been making the rounds. Everyone has been pointing to its details on how few people have died in terrorist attacks.

“The number of people worldwide who are killed by Muslim-type terrorists, Al Qaeda wannabes, is maybe a few hundred outside of war zones. It’s basically the same number of people who die drowning in the bathtub each year,” said John Mueller, an Ohio State University professor who has written extensively about the balance between threat and expenditures in fighting terrorism.

“So if your chance of being killed by a terrorist in the United States is 1 in 3.5 million, the question is, how much do you want to spend to get that down to 1 in 4.5 million?” he said.

[snip]

Only 14 Americans have died in about three dozen instances of Islamic extremist terrorist plots targeted at the U.S. outside war zones since 2001 — most of them involving one or two home-grown plotters.

Returning to the National Climatic Data Center data I was looking at the other day, 3,420 people have died since 9/11 in big weather disasters:

2002: 28
2003:131
2004: 168
2005: 2,002
2006: 95
2007: 22
2008: 296
2009: 26
2010: 46
2011 634 (counting 40 thus far in Irene)
Total: 3,420

Now I raise this not just to make the obvious point that we would be better off dumping some of this money into dealing with climate change, but also to make a point about the theme Obama is pushing for this year’s commemoration of 9/11: resilience.

The White House has issued detailed guidelines to government officials on how to commemorate the 10th anniversary of the Sept. 11 attacks, with instructions to honor the memory of those who died on American soil but also to recall that Al Qaeda and other extremist groups have since carried out attacks elsewhere in the world, from Mumbai to Manila.

The White House in recent days has quietly disseminated two sets of documents. One is framed for overseas allies and their citizens and was sent to American embassies and consulates around the globe. The other includes themes for Americans here and underscores the importance of national service and what the government has done to prevent another major attack in the United States.

[snip]

One significant new theme is in both sets of documents: Government officials are to warn that Americans must be prepared for another attack — and must, in response, be resilient in recovering from the loss.

“Resilience takes many forms, including the dedication and courage to move forward,” according to the guidelines for foreign audiences. “While we must never forget those who we lost, we must do more than simply remember them —we must sustain our resilience and remain united to prevent new attacks and new victims.”

Read more

Did Just 170,000 Passengers Get Groped by Strangers Last Week? Or a Million?

You know how I mocked the White House for dismissing the problem of gate rape by saying only 170,000 passengers had had their genitalia groped by a stranger working for the government?

I noted that their pushback was potentially inconsistent. According to “administration officials,” just half of one percent of all passengers–or about 170,000–get their junk touched.

For instance, the administration noted that fewer than one half of one percent of the 34 million passengers who traveled on airplanes in or to the U.S. last week were subjected to crotch-area pat-downs.

But that same article quoted the DHS spokesperson saying that one out of a hundred would get groped.

In airports where body screening technology is available, about one in every 100 passengers are given pat-downs, according to another official, Sean Smith, the DHS spokesperson.

Meanwhile, other sources say closer to 3% of passengers get groped.

A Department of Homeland Security official writes that less than 3% of travelers get the controversial aggressive patdowns.

According to one Atlanta Journal Constitution report this week, there are some 24 million people expected to fly in American airports over Thanksgiving week. So 3% of 24 million is 720,000 aggressive patdowns in the U.S. this week, if my math is holding up.

Note, several things may be going on here. First, there’s the question of how many people are flying. The White House says 34 million passengers have passed through security; Rozen is using AJC’s number of 24 million. And there are several ways a person might get groped: if they opt-out of the RapeAScan machine, but also if they set off either the RapeAScan machine or a conventional metal detector. So the lower half percent may be just one of those subsets of the entire group that has been groped. Also, it may be that the numbers of gropes have increased (or decreased) as the procedure has been introduced across the country.

Frankly, I think expecting 170,000 people a week to have their genitalia groped each week by government workers to be unreasonable. But the numbers may be far, far higher.

A Smart Obama Immigration Policy In The Face Of Political Cowardice

Clearly comprehensive immigration reform is not achievable in light of the refusal of either party to meaningfully address the subject, especially in an election year consumed with the rabid doings of the Arizona State Legislature (memo to everyone: the Arizona Legislature has always been the province of loony nutjobs). Against that backdrop, would be refreshing to see the Obama Administration actually thinking creatively about affirmative policy steps that could be taken to improve the situation and reduce racial tension. Believe it or not, that is exactly what is being done. From Dan Nowicki at the Arizona Republic:

The Obama administration is exploring a broad range of options that potentially could let thousands of illegal immigrants remain in the United States legally or apply for permanent residency if Congress continues to stall on passage of comprehensive immigration reform, according to an internal government memo obtained by The Arizona Republic.

The draft memo, from U.S. Citizenship and Immigration Services, the agency in charge of processing immigration benefits, outlines administrative options that would “promote family unity, foster economic growth and achieve significant process improvements and reduce the threat of removal for certain individuals present in the United States without authorization.”

Perhaps the most controversial part of the memo suggests increasing the use of deferred action, which the government uses to let certain illegal immigrants who haven’t committed crimes to remain in the United States without fear of being deported. Once an illegal immigrant is granted deferred action, they are eligible for work permits. Currently, deferred action is rarely granted.

Here is the actual memo from DHS Citizen and Immigration Services.

What a refreshing thought.

In the absence of Comprehensive Immigration Reform,

……

USSIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations, exercising discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear (NTA), and adopting significant process improvements.

Now this is the type of intelligent thought and leadership that Barack Obama ran and got elected on. Is it perfect or ideal? No. But it is positive action in the face of an intractable problem Congress is too cowardly to address.

On the other hand, floating this out with little fanfare, almost in a stand off treatment, does not bode well for the confidence of the Administration or its willingness to invest any effort or perceived capital oh so precious to them.

Prediction: The brown haters and conservative shriekers will let fly causing the White House and Administration to run away and disavow their own department and officials who put their necks out on the line to try to make a difference in such a critically important area of domestic policy. Oh, and John “the Maverick” McCain will rhetorically inflate like cynical nihilistic puffer fish furious about even the thought of such intelligent administration of government.

As April Strawberry Blossoms into Perfect Citizen

A number of you have asked what I make of Siobhan Gorman’s latest story describing a program called “Perfect Citizen” that aims to monitor and map out attempted cyber-intrusions of our critical infrastructure.

Before I say anything about the content of the story, I should note that the nuclear power plant control room depicted with the story–from the plant at Limerick, PA–is just a few miles from where I spend Christmas and about 25 miles from where my mom lives. Maybe that has affected my thoughts on the matter.

But, given what Gorman has reported, I’m not all that bugged about Perfect Citizen. Here’s the operative bit:

Intelligence officials have met with utilities’ CEOs and those discussions convinced them of the gravity of the threat against U.S. infrastructure, an industry specialist said, but the CEOs concluded they needed better threat information and guidance on what to do in the event of a major cyber attack.

Some companies may agree to have the NSA put its own sensors on and others may ask for direction on what sensors to buy and come to an agreement about what data they will then share with the government, industry and government officials said.

While the government can’t force companies to work with it, it can provide incentives to urge them to cooperate, particularly if the government already buys services from that company, officials said.

Perhaps I’m missing something, but it seems that a somewhat coercive but nevertheless voluntary monitoring of cybersecurity for things like the nuclear plant near my Aunt’s home isn’t such a bad thing. Perhaps an analogy is whether or not it’d be okay to monitor health professionals and first responders during an epidemic for signs of sickness, as one of the best ways to track and minimize the spread of the disease. Or better yet, whether or not it’d be okay to pressure oil companies to put monitors on their drilling platforms to make it easier for Department of Interior to keep track and prevent spills.

That said, I do have a number of questions.

First, the NSA has been very squirrely about whether or not Congress has been briefed on this. Read more

Killer Drones Coming To America!

Like all new fads that start overseas and eventually make their way here to the US as the next “new thing”, drones are on their way to our friendly skies. From AP via Google News:

Unmanned aircraft have proved their usefulness and reliability in the war zones of Afghanistan and Iraq. Now the pressure’s on to allow them in the skies over the United States.

The Federal Aviation Administration has been asked to issue flying rights for a range of pilotless planes to carry out civilian and law-enforcement functions but has been hesitant to act. Officials are worried that they might plow into airliners, cargo planes and corporate jets that zoom around at high altitudes, or helicopters and hot air balloons that fly as low as a few hundred feet off the ground.

On top of that, these pilotless aircraft come in a variety of sizes. Some are as big as a small airliner, others the size of a backpack. The tiniest are small enough to fly through a house window.

Exciting! Cops want to use them to catch speeders, monitor traffic and track suspects (that is pretty much all of us). Border Patrol and Sheriff Joe Arpaio want to use them to chase down the brown (skinned that is). Fed Ex wants them so they don’t have to actually pay pilots. And the NSA wants them to spy on “suspicious” people (like the writers on this blog). Hey, it’s all good; what’s the loss of a little privacy when it comes to protecting America?

There is a tremendous pressure and need to fly unmanned aircraft in (civilian) airspace,” Hank Krakowski, FAA’s head of air traffic operations, told European aviation officials recently. “We are having constant conversations and discussions, particularly with the Department of Defense and the Department of Homeland Security, to figure out how we can do this safely with all these different sizes of vehicles.

Excellent! Because I will feel a lot better when the DOD and DHS have the “civilian airspace” saturated with their freaking drones; won’t you? Of course you will. And we are on the way there too. From Government Executive:

The Homeland Security Department expanded the use of unmanned drones along the U.S.-Mexico border this week, flying for the first time this sort of advanced technology in west Texas.

The Predator B unmanned aerial vehicle is providing support to U.S. Customs and Border Protection to help interdict drug smugglers and detect people trying to enter the United States illegally, key lawmakers said.

Texas lawmakers have been clamoring for years to have an unmanned drone assist in border security operations, but the move had been delayed by bureaucratic wrangling between DHS and the Federal Aviation Administration. Drone flights along the Southwest border had been limited to regions in Arizona and New Mexico.
……
By putting eyes in the sky along the Rio Grande, we will gather real-time intelligence on the ground to augment the good work of federal, state and local law enforcement….

Well, so drones are here among us, at least those of us near the Mexican border; and they are here to stay. Government drones are going to be ever more pervasive and ubiquitous throughout the entirety of the country if the law and order types in the federal, state and local governments have anything to say about it. And they will have their say; count on it. Swell, eh?

So, with all of the Afghani, Pakistani and Iraqi wedding parties that have been taken out by US Predator drone strikes, how long before they hit one of our precious wedding celebrations right here in the homeland of the good old “real America”? What will the NeoCon wingnuts say when it hits their own chosen ones?

[Incredibly awesome graphic by the one and only Darkblack. If you are not familiar with his work, or have not seen it lately, please go peruse the masterpieces at his homebase. Seriously good artwork and incredible music there.]