Immigration Benefit Fraud: Focused Approach Is Needed to Address Problems

Agency has developed a strategic plan to enhance the interior enforcement strategy to ensure greater coordination and integration of the various units and increase its ability to combat immigration fraud. According to the agency, implementation will enhance the overall integrity of its benefits program, while at the same time allow for coordinated anti-fraud measures between service centers operations units and investigative branches.

In March 2003, INS was abolished and its immigration benefit function was transferred to U.S. Citizenship and Immigration Services (USCIS) within the Department of Homeland Security (DHS). In May 2004, in response to our recommendation, USCIS created the Office of Fraud Detection and National Security (FDNS), whose primary responsibility is detecting, pursuing, and deterring immigration benefit fraud. If a USCIS adjudicator suspects an application is fraudulent, rather than spend additional time pursing the fraud, the adjudicator is to refer the application to FDNS, which is then to conduct additional database checks and analysis in order to confirm fraud. The ability of adjudicators to refer suspected fraud to FDNS should enable them to spend more time adjudicating applications, thus focus more on meeting production goals and ensuring quality. Also, FDNS is separate from the USCIS program that adjudicates immigration benefit applications and reports directly to the Deputy Director of USCIS. The referral process and FDNS's direct reporting to the Deputy Director should better ensure that USCIS's dual responsibilities of processing applications in a timely manner and detecting fraudulent applications is balanced.

The agency issued field guidance to district offices and service centers for implementing effective fraud prevention on September 30, 2002. The Anti-fraud Strategic Plan was effective October 1, 2002.

Effective October 10, 2002, the use of CIRS was mandated by the Executive Associate Commissioner to record, track, and manage investigative leads, casework, and reports of investigation completed at all field offices.

In March 2003, the Immigration and Naturalization Service was abolished and the adjudication of immigration benefits was transferred to the newly created US Citizenship and Immigration Services (USCIS)within the Department of Homeland Security (DHS). Since our January 2002 report, DHS has taken a number of actions to provide USCIS adjudicators with access to information to assist them in adjudicating applications for immigration benefits. For example, all applicants are checked against the Interagency Border Inspection System (IBIS) to identify any potential derogatory information. USCIS created the Fraud Detection and National Security (FDNS) unit to focus on deterring and detecting fraudulent applications. FDNS officers have access to a wide variety of law enforcement databases including the National Crime Information Center to assist adjudicators in obtaining applicant related information. USCIS adjudicators also have access to the State Department's Consular Consolidated Database on visa applicants as well as State's Passport database. FDNS has created an internal web site available to adjudicators that has, for example, information on fraud trends, the results of FDNS' Benefit Fraud and Compliance Assessments, and lists of approved attorneys and representatives allowed to submit immigration benefit applications on behalf of their clients.