HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-2 (HSPD) ADDRESSING IMMIGRATION POLICIES
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Document Number (FOIA) /ESDN (CREST):
06486006
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Document Page Count:
8
Document Creation Date:
March 9, 2023
Document Release Date:
September 21, 2021
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Case Number:
F-2013-00439
Publication Date:
October 31, 2001
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HOMELAND SECURITY PRESIDE[15978907].pdf | 314.76 KB |
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SUMMARY:
Homeland Security Presidential Directive-2 (HSPD-2) on Addressing Immigration Policies.
Date of document: 31 October 2001
Received in DAC: 31 October 2001
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PO-DIREC 07420 1001 P01
UNCLASSIFIED
(b)(3)
(b)(6)
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MEMORANDUM FOR THE PRESIDENT
FROM; GOVERNOR TOM RIDGE, ASSISTANT TO THE PRESIDENT
FOR HOMELAND SECURITY
SUBJECT: Homeland Security Presidential Directive-2 (HSPD)
Addressing Immigration Policies
I submit for your consideration Homeland Security Presidential
Directive-2 (HSPD-2). The purpose of this document is to provide
a framework for strengthening the Nation's efforts to prevent
aliens who engage in or support terrorist activity from entering
the country and to identify, locate, and deport or prosecute any
such aliens who may be within our borders.
The events of September 11, 2001, have prompted a close, inter-
agency examination of current immigration policy. The draft HSPD
recommends several initiatives to address weaknesses identified
in the review. The most significant issues include:
1. Intelligence and Law Enforcement Information Sharing;
2. Differences in North American Immigration Policies;
3. Tracking Aliens Within Our Borders; and
4. Controls Over the Student Visa Program.
The proposed HSPD-2 addresses these issues by:
Creating a Foreign Terrorist Tracking Task Force. The Task
Force will be established by the Attorney General no later than
November 1, 2001. This Task Force will work to solve information
sharing problems that currently exist.
Expanding Investigative and Intelligence Capabilities of the
Relevant Agencies. The Attorney General and the Secretary
of Treasury will develop a multi-year plan to enhance the
investigative and intelligence analysis capabilities of INS
and Customs.
Developing Better controls Over Student Visa Program. The
Attorney General and Secretaries of State and Education will
work with the Director of the Office of Science and Technology
Policy (OSTP) to develop a new program to better control student
visas and access to sensitive academic areas.
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Enhancing North American Cross-Border Cooperation. The Attorney
General and Secretaries of State and Treasury will work with
Canada and Mexico to establish better cooperation along the
borders and develop more closely aligned immigration policies.
Capitalizing on Advanced Technology. The OSTP, in conjunction
with the Attorney General and the Director of Central Intel-
ligence, will examine technology and how it can be harnessed
to improve efforts to share intelligence and detect terrorists
within our borders.
Implementing Multi-Year Funding Strategy. OM P will work with
appropriate agencies to recommend appropriate support for a
multi-year program to prevent aliens from entering or remaining
in the United States.
Attachments
Tab I Homeland Security Presidential Directive-2
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HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-2
SUBJECT: Combating Terrorism Through Immigration Policies
A. National Policy
The United States has a long and valued tradition of welcoming
immigrants and visitors. But the attacks of September 11, 2001,
showed that some come to the United States to commit terrorist
acts, to raise funds for illegal terrorist activities, or to
provide other support for terrorist operations, here and abroad.
It is the policy of the United States to work aggressively to
prevent aliens who engage in or support terrorist activity from
entering the United States and to detain, prosecute, or deport
any such aliens who are within the United States.
1. Foreign Terrorist Tracking Task Force
By November 1, 2001, the Attorney General shall create the
Foreign Terrorist Tracking Task Force (Task Force), with
assistance from the Secretary of State, the Director of
Central Intelligence and other officers of the government,
as appropriate. The Task Force shall ensure that, to the
maximum extent permitted by law, Federal agencies coordinate
programs to accomplish the following: 1) deny entry into the
United States of aliens associated with, suspected of being
engaged in, or supporting terrorist activity; and 2) locate,
detain, prosecute, or deport any such aliens already present
in the United States.
The Attorney General shall appoint a senior official as the
full-time Director of the Task Force. The Director shall report
to the Deputy Attorney General, serve as a Senior Advisor to the
Assistant to the President for Homeland Security, and maintain
direct liaison with the Commissioner of the Immigration and
Naturalization Service (INS) on issues related to immigration
and the foreign terrorist presence in the United States. The
Director shall also consult with the Assistant Secretary of
State for Consular Affairs on issues related to visa matters.
The Task Force shall be staffed by expert personnel from the
Department of State, the INS, the Federal Bureau of Investiga-
tion, the Secret Service, the Customs Service, the Intelligence
Community, military support components, and other Federal
agencies as appropriate to accomplish the Task Force's mission.
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The Attorney General and the Director of Central Intelligence
shall ensure, to the maximum extent permitted by law, that the
Task Force has access to all available information necessary
to perform its mission, and they shall request information
from State and local governments where appropriate.
With the concurrence of the Attorney General and the Director of
Central Intelligence, foreign liaison officers from cooperating
countries shall be invited to serve as liaisons to the Task
Force, where appropriate, to expedite investigation and data
sharing.
Other Federal entities, such as the Migrant Smuggling and
Trafficking in Persons Coordination Center and the Foreign
Leads Development Activity, shall provide the Task Force
with any relevant information they possess concerning aliens
suspected of engaging in or supporting terrorist activity.
2. Enhanced INS and Customs Enforcement Capability
The Attorney General and the Secretary of the Treasury,
assisted by the Director of Central Intelligence, shall
Immediately develop and implement multi-year plans to enhance
the investigative and intelligence analysis capabilities of
the INS and the Customs Service. The goal of this enhancement
is to increase significantly efforts to identify, locate,
detain, prosecute or deport aliens associated with, suspected
of being engaged in, or supporting terrorist activity within
the United States.
The new multi-year plans should significantly increase the number'
of Customs and INS special agents assigned to Joint Terrorism
Task Forces, as deemed appropriate by the Attorney General and
the Secretary of the Treasury. These officers shall constitute
new positions over and above the existing on-duty special agent
forces of the two agencies.
3. Abuse of International Student status
The United States benefits greatly from international students
who study in our country. The United States Government shall
continue to foster and support international students.
The Government shall implement measures to end the abuse of
student visas and prohibit certain international students from
receiving education and training in sensitive areas, including
ares of study with direct application to the development and
use of weapons of mass destruction. The Government shall also
prohibit the education and training of foreign nationals who
would use such training to harm the United States or its Allies.
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The Secretary of State and the Attorney General, working in
conjunction with the Secretary of Education, the Director of
the Office of Science and Technology Policy, the Secretary of
Defense, the Secretary of Energy, and any other departments
or entities they deem necessary, shall develop a program to
accomplish this goal. The program shall identify sensitive
courses of study, and shall include measures whereby the Depart-
ment of State, the Department of Justice, and United States
academic institutions, working together, can identify problematic
applicants for student visas and deny their applications. The
program shall provide for tracking the status of a foreign
student who receives a visa (to include the proposed major
course of study, the status of the individual as a full-time
student, the classes in which the student enrolls, and the
source of the funds supporting the student's education).
The program shall develop guidelines that may include control
mechanisms, such as limited duration student immigration status,
and may implement strict criteria for renewing such student
immigration status. The program shall include guidelines for
exempting students from countries or groups of countries from
this set of requirements.
In developing this new program of control, the Secretary of
State, the Attorney General, and the Secretary of Education
shall consult with the academic community and other interested
parties. This new program shall be presented through the
Homeland Security Council to the President within 60 days.
The INS, in consultation with the Department of Education,
shall conduct periodic reviews of all institutions certified
to receive nonimmigrant students and exchange visitor program
students. These reviews shall include checks for compliance
with record keeping and reporting requirements. Failure of
institutions to comply may result in the termination of the
institution's approval to receive such students.
4. aprth American Complementary ImmicTration Policies
The Secretary of State, in coordination with the Secretary of
the Treasury and the Attorney General, shall promptly initiate
negotiations with Canada and Mexico to assure maximum possible
compatibility of immigration, customs, and visa policies.
The goal of the negotiations shall be to provide all involved
countries the highest possible level of assurance that only
individuals seeking entry for legitimate purposes enter any
of he countries, while at the same time minimizing border
restrictions that hinder legitimate trans-border commerce. ,
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As part of this effort, the Secretaries of State and the Treasury
and the Attorney General shall seek to substantially increase
sharing of immigration and customs information. They shall also
seek to establish a shared immigration and customs control data-
base with both countries. The Secretary of State., the Secretary
of the Treasury, and the Attorney General shall explore existing
mechanisms to accomplish this goal and, to the maximum extent
possible, develop new methods to achieve optimal effectiveness
and relative transparency. To the extent statutory provisions
prevent such information sharing, the Attorney General and the
Secretaries of State and the Treasury shall submit to the
Director of the Office of Management and Budget proposed
remedial legislation.
5. Use of Advanced Technologies for Data Sharing and Enforcement
Efforts
The Director of the OSTP, in conjunction with the Attorney
General and the Director of Central Intelligence, shall
make recommendations about the use of advanced technology
to help enforce United States immigration laws, to implement
United States immigraticm programs, to facilitate the rapid
identification of aliens who are suspected of engaging in
or supporting terrorist activity, to deny them access to
the United States, and to recommend ways in which existing
government databases can be best utilized to maximize the
ability of the government to detect, identify, locate, and
apprehend potential terrorists in the United States. Databases
from all appropriate Federal agencies, state and local govern-
ments, and commercial databases should be included in this
review. The utility of advanced data mining software should
also be addressed. To the extent that there may be legal
barriers to such data sharing, the Director of the OSTP shall
submit to the Director of the Office of Management and Budget
proposed legislative remedies. The study also should make
recommendations, propose timelines, and project budgetary
requirements.
The Director of the OSTP shall make these recommendations to the
President through the Homeland Security Council within 60 days.
6. Budgetary Support
The Office of Management and Budget shall work closely with the
Attorney General, the Secretaries of State and of the Treasury,
the Assistant to the President for Homeland Security, and all
other appropriate agencies to review the budgetary support and
identify changes in legislation necessary for the implementation
of this directive and recommend appropriate support for a multi-
year program to provide the United States a robust capability to
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prevent aliens who engage in or support terrorist activity from
entering or remaining in the United States or the smuggling of
implements of terrorism into the United States. The Director of
the Office of Management and Budget shall make an interim report
through the Homeland Security Council to the President on the
recommended program within 30 days, and shall make a final report
through the Homeland Security Council to the President on the
recommended program within 60 days.
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