Thursday, December 12, 2013

Some concerns stem from investigation into Iranian operatives

WASHINGTON - Senator Chuck Grassley, Ranking Member of the Senate Judiciary Committee, today pressed the administration for answers about an Immigration and Customs Enforcement memo that raises significant national security questions about the EB-5 visa program, which is an avenue for foreign investors to participate in potential, new commercial enterprises in the United States in exchange for a U.S. visa.  The memo was written by the Homeland Security Investigations (HSI) arm of Immigration and Customs Enforcement.

In a letter to Immigration and Customs Enforcement Acting Director John Sandweg, Grassley wrote, "The HSI memo makes clear that overall, HSI believes the Regional Center model has significant flaws..."  Grassley also said the memo identified several areas of vulnerability within the EB-5 visa program.  The memo questioned whether the vulnerabilities could be fixed in order to "ensure the integrity of the program."

Grassley was especially concerned about a section of the memo that outlines how the EB-5 program "may be abused by Iranian operatives to infiltrate the United States."  According to the memo, HSI became concerned about the program while investigating operatives who allegedly "facilitate terrorism and are involved in an illicit procurement network that exports items to Iran..."

Here's a copy of the text of Grassley's letter to Sandweg.  A copy of the memo and letter can be found here.

December 12, 2013

VIA ELECTRONIC TRANSMISSION

John Sandweg

Acting Director

U.S. Immigration and Customs Enforcement

U.S. Department of Homeland Security

500 12th Street, SW

Washington, D.C. 20536

Dear Acting Director Sandweg:

I write to inquire about an internal U.S. Immigration and Customs Enforcement (ICE) memo that raises significant questions about U.S. Citizenship and Immigration Services' (USCIS's) EB-5 Regional Center program.  The memo is from Homeland Security Investigations (HSI), an investigative arm of ICE.  It appears to have been written in response to a request from Secretary Janet Napolitano.

One section of the memo outlines "concerns that this particular visa program [EB-5] may be abused by Iranian operatives to infiltrate the United States . . . ."[1] Two of the operatives allegedly "facilitate terrorism and are involved in an illegal procurement network that exports items to Iran for use by 'secret' Iranian government agencies."[2] According to the memo, one of the operatives acted as a representative in the U.S. for an Iranian front company allegedly run by an individual associated with Iran's Islamic Revolutionary Guard Corps.[3]

This is not the first time that Iranian operatives have been discovered operating in the United States.  In this spring of this year, Manssor Arbabsiar, who had both Iranian and U.S. passports, was sentenced for plotting with Iranian military officials to kill the Saudi Arabian ambassador by bombing a Washington, D.C. restaurant.[4] Earlier this fall, news outlets reported that the U.S. had intercepted an order from Iran to attack U.S. interests in the event of a strike on Syria.[5] In light of these facts, it is alarming to see documentation that appears to indicate Iranian operatives used the EB-5 program to try to obtain visas for their associates.

According to the HSI memo, ICE identified seven main areas of program vulnerability with the EB-5 visa:

1)      Export of sensitive technology/economic espionage;

2)      Use by foreign government agents/espionage;

3)      Use by terrorists;

4)      Investment fraud by regional center;

5)      Investment fraud by investors;

6)      Fraud conspiracies by investors and regional center; and

7)      Illicit finance/money laundering.[6]

The memo states: "The aforementioned vulnerabilities are directly affected by information gaps on the alien beneficiaries of the EB-5 program.  Unlike most other permanent resident visa classifications, EB-5 beneficiaries do not need to establish a significant and verifiable background for program eligibility."[7]

According to the memo, HSI made several suggestions for both information collection fixes and legislative fixes to close loopholes in the EB-5 program.  Of the information collection fixes, the memo states: "HSI proposed making changes to the USCIS forms (I-526, I-829, I-924, and I-924A) that are used by RC's [regional centers] and alien investors.  HSI felt that the forms did not collect enough information to determine the validity of either the RC's, the alien investors or the source of the investor's funds."[8]

The legislative changes proposed by HSI were: (1) doubling the minimum investment amount, (2) limiting the program to allow only active investors involved in managing and directing a business enterprise, and (3) eliminating the consideration of induced jobs for meeting the requirements of the program.  These suggestions were not included in the technical assistance provided by USCIS in June 2012 when the EB-5 program was being reauthorized.  The only HSI recommendation which appeared in any form in the technical assistance was a proposal for providing inflationary adjustments to the minimum investment amount, which is very different from doubling it.

The HSI memo makes clear that overall, HSI believes the Regional Center model has significant flaws and should be abandoned: "The principal change proposed by HSI was that the Regional Center Model be allowed to sunset, as HSI maintains there are no safeguards that can be put in place that will ensure the integrity of the RC model."[9]

Given these concerns with the EB-5 Regional Center program and information gaps on recipients of EB-5 visas, it is important that Congress have statistics on what happens after individuals enter the U.S. on an EB-5 visa.  Foreign investors who participate in the EB-5 program may receive conditional permanent residence for a two-year period.  However, it seems unlikely that they are ever removed from the country even if the conditions of their conditional status are not met because the required jobs weren't created within the required period.

Therefore, please respond to the following:

1.      Please produce all legislative and information collection recommendations made by ICE or any of its divisions for the EB-5 program.  Please provide in detail any specific changes recommended for USCIS forms I-526, I-829, I-924, and I-924A.

2.      For each of the above recommendations, please identify the date ICE proposed the recommendation and to what entities it was proposed.

3.      What is the current total number of EB-5 conditional residents whose request to remove conditional status was denied?

4.      Does ICE know how many EB-5 investors who were denied permanent resident status remain in the country?  Does ICE know the location of these foreign investors?  If so, please provide a status report, including how many are detained, how many are in removal proceedings, and how many have been removed from the country by ICE.

5.      Do you or your agency have any information as to why USCIS did not provide Congress with the legislative recommendations made by HSI, as indicated in the attached memo?

6.      What is ICE doing to help ensure that USCIS does not provide EB-5 visas to individuals and entities that are involved in international terrorism or proliferation operations, as was the case with Iranian operatives whose goal was to infiltrate the U.S. and export items back to their country?

7.      What is the current status of the Iranian case mentioned in the memo?

8.      What type of visas did the two Iranian operatives mentioned in the memo enter the U.S. on?

9.      Is the principal of the regional center referenced in the memo in the United States?  If so, what type of visa did the principal enter the U.S. on?

10.  For each individual associated with the principal of the regional center through TECS subrecord hits, please indicate whether or not the individual has entered the U.S. in the past or is currently in the U.S., as well as what type of visa each individual entered the U.S. on.

11.  What is the current immigration status of each of the individuals referenced in questions 8, 9, and 10?

Thank you in advance for your cooperation in this matter.  Please respond to these questions by January 1, 2014.  Should you have any questions regarding this letter, please contact XXXX of my staff at (202) 224-5225.  I look forward to your prompt response.

Sincerely,

Most Americans (75 percent!) are not satisfied with their friendships; 63 percent lack confidence in even their closest friends; and almost half of us would choose to have deeper friendships rather than more friends.

Those are the findings of a new study, The State of Friendship in America 2013, by Lifeboat Friends at Their Best and Sea Change Strategies and Edge Research.

"Strong, trusting friendships are crucial to our sense of peace, happiness and well-being," says Dawna Hetzler, a speaker, women's mentor (and mentoree), and author of the new book, "Walls of a Warrior: Conquering the Fears of Our Hearts," (www.DawnaHetzler.com).

"But many of us, women in particular, build so many walls around our hearts to protect ourselves, we can never open ourselves to all the possible relationships we could have. Or, we do allow some people in, but we keep them at arm's length."

Strong friendships do make us happier, according to the new study. Forty-nine percent of people with seven or more close friends strongly agreed that they feel happy most of the time, while only 24 percent of people with just one good friend and 19 percent with no friends, could say the same.

"You have to know and trust a person before you allow them into your heart, because when you open yourself up, you become vulnerable," says Hetzler. "We all build walls to protect ourselves from hurt, fear, rejection, disapproval and other painful emotions, and that's natural. Some walls are healthy. But the invisible walls we're often not even aware of prevent us from experiencing the honest, real relationships that can benefit us in so many ways."

Hetzler shares some of what she learned working with Jericho's Girls, the women's group she founded that focuses on dismantling unhealthy walls:

• First, identify the walls you have. We build walls in response to many things - real and perceived threats, fears, conditioning, rejection, Hetzler says. Many of us put up walls to hide our weaknesses; if you have trouble asking for help, this may be you! Jericho's Girls members learned that acknowledging and being honest about their weaknesses allowed them to grow stronger. And that asking for help from friends offers those friends the gratification of giving. Making a list of your walls and understanding why they're there is a good place to start the process.

• If the wall is unhealthy, identify the steps necessary to dismantle it. Sometimes we erect walls to protect ourselves from ourselves, Hetzler notes. "One of my walls revolved around being needed too much," she says. "I tend to take on a lot, and then exhaust myself getting it all done." She realized she built a wall to prevent people from seeing that she really cannot do it all, and she pushed away those she feared might demand too much of her time and energy. She dealt with that wall by setting limits with herself and others. "I say no when I need to, which allows me to build friendships instead of pushing people away."

• Arm yourself with words of inspiration. Powerful words help when we need positive reinforcement or reassurance when the way ahead looks scary. Hetzler has found that calling upon a quotation that she believes in provides both. "Write down the quotes, Bible verses or other inspiration that have great meaning for you," she says. Each day, read one, reflect upon the meaning, pray or meditate, and contemplate the message it holds for you. "These words will stick with you, and you'll have them to call upon when you need them," she says.

Creating deeper, honest friendships begins with opening our hearts to others, Hetzler says.

"When you begin taking down the walls, you'll find you're more at peace with yourself," she says. "And that allows you to develop the wonderful relationships that come from trust and sharing."

About Dawna Hetzler

Dawna Hetzler owns a real estate firm and is an author and speaker focusing on women's connection groups and retreats. She's also a Bible study teacher and speaker for Stonecroft Ministries. She wrote "Walls of Warriors" based on her experiences with Jericho Girls - a group of women who meets to discuss the walls they build around their hearts that inhibit relationships with others.

Davenport, Iowa -- On January 9, Iowa State University Extension and Outreach, Scott County will sponsor the parent education and support program PACT (Parenting All Children Together) for an eight week series. The program is financially supported by Scott County Kids Early Childhood Iowa. PACT is designed to educate, and support parents and caregivers of children age prenatal through five years old that reside in Scott County.

"Parenting is the most important job we will ever have. It is also the toughest! What we provide our children from birth through age five stays with them for the rest of their life. With this huge responsibility, we need to work together. This series will bring together parents and caregivers who want the very best for the children in their life," said Jennifer Best, Extension Educator and PACT instructor.

The upcoming PACT series is in its fourth year of programing. "Over the years it has been very rewarding to watch parents and caregivers open themselves up to the learning process for the benefit of their growing children," said Marisa Bloom, Families Program Assistant. "Participants are connected to resources offered in our community and build relationships with other parents to form support systems with their peers. PACT is a needed resource for these very reasons."

For participating in the PACT program member will receive a free meal at every session, free child care while adults are learning, a free gift at each session, transportation to get to the sessions if needed, $40 worth of items chosen by the participant if they attend at least 6 of the 8 sessions, fun and friendship with other families, and great information for parents and caregivers to help their children be all they can be.

For more information about PACT or to register, contact Marisa at the Iowa State University Extension and Outreach office at 563-359-7577 or mbloom@iastate.edu.

Wednesday, Dec. 11, 2013

WASHINGTON - Measures from Sens. Chuck Grassley of Iowa and Robert Menendez of New Jersey to strengthen child support enforcement are included in broad child welfare legislation scheduled for consideration in the Finance Committee this week.

"The provisions help states recover money that family courts have determined is owed to custodial parents," Grassley said.  "We ought to do more to make sure money owed gets to the parents and children who need and deserve it. Child support enforcement helps make sure families are strong and independent."

The Supporting At-Risk Children Act of 2013 is scheduled for committee consideration on Thursday.  The measure includes the following provisions from the Menendez-Grassley bill, the Strengthen and Vitalize Enforcement of Child Support (SAVE Child Support) Act, S. 508, introduced in March:

--Requires the Secretary of the Department of Health and Human Services to use federal and, if necessary, state child support enforcement methods to ensure compliance with any U.S. treaty obligations associated with any multilateral child support convention to which the United States is a party.

--Requires states, in order to receive federal funding, to implement amendments made by the National Conference of Commissioners on Uniform State Laws to the Uniform Interstate Family Support Act.

--Expands access to the Federal Parent Locator Service to assist states in locating noncustodial parents, putative fathers, and custodial parties to ensure compliance with their child support obligations.

A description of the chairman's version, or mark, of the Supporting At-Risk Children Act of 2013 is available here.