Immigration Benefits: Additional Controls and a Sanctions Strategy Could Enhance DHS's Ability to Control Benefit Fraud

In fiscal year 2009 U.S. Citizenship and Immigration Services (USCIS) instituted a Risk Assessment Program (RAP) designed to systematically identify, examine, and address vulnerabilities in the legal immigration system. The program addresses each of the 3 parts of our recommendation. First, the program identified an additional 20 immigration benefit types that are to be the subject of Benefit Fraud and Compliance Assessments. Second, to incorporate threat and consequence assessment into the assessment process, USCIS convened a working group to identify the application types that were at a higher risk for fraud. The working group developed 12 variables, such as the percentage of applications denied for fraud and whether individuals that USCIS identified as risks to national security had applied for the immigration benefit. USCIS then scored each application type based upon these 12 variables to identify those application types that had a higher risk of fraud and potentially a more significant consequence. Those with the highest score would receive priority when deciding the order in which USCIS will conduct its Benefit Fraud and Compliance Assessments. Third, to mitigate vulnerabilities identified by the benefit fraud and compliance assessments, the Risk Assessment Program plan states that upon completion of a Benefit Fraud and Compliance Assessment, a separate team of experts will assess the report's findings and recommend any changes in policy, procedure, application form, regulation, and legislation it deems necessary. The team will also be responsible for drafting any required field guidance. These actions are consistent with our recommendation.

U.S. Citizenship and Immigration Services (USCIS) instituted a number of mechanisms to help ensure that information about fraud vulnerabilities feeds back into and contributes to changes in policies and procedures to address identified vulnerabilities. For example, one of the purposes of the Benefit Fraud and Compliance Assessments is to identify fraud vulnerabilities and recommend policy and/or procedural changes to mitigate any identified vulnerabilities. Fraud assessments of the religious worker and nonimmigrant worker immigration benefits resulted in changes to USCIS procedures for processing these benefits. In addition, USCIS has deployed fraud officers to USCIS field offices to enhance the flow of information, including fraud vulnerabilities, between USCIS' Fraud Detection and National Security (FDNS) office and USCIS immigration officers. USCIS implemented a policy requiring an "after action" report on all major immigration benefit fraud cases to, among other things, determine how USCIS can better identify fraudulent applications. In addition, USCIS, Immigration and Customs Enforcement, Department of State and Labor officials meet regularly to discuss fraud issues. FDNS has also detailed staff to other DHS components, such as ICE, as well as other agencies such as the Federal Bureau of Investigation and the State Department, in order to enhance information sharing, including identifying potential fraud vulnerabilities. These actions are consistent with our recommendation.

U.S. Citizenship and Immigration Services (USCIS) has taken a number of steps to clearly communicate the importance of USCIS' fraud prevention objectives. For example, USCIS created a training module on Fraud Detection and National Security (FDNS) that has been incorporated into basic and journeyman adjudicator training. In 2008 FDNS began issuing a newsletter to all USCIS staff highlighting the importance of USCIS' mission to deter immigration fraud. According to USCIS, one of the reasons USCIS has placed fraud officers in all USCIS service centers and field offices is to, among other things, emphasize to adjudications staff the importance USCIS places on fraud prevention. FDNS has provided USCIS adjudicators more tools and information to detect fraud via the FDNS web site that according to USCIS sends the implicit message about the importance of balancing fraud detection with service-centered objectives. In 2009 USCIS issued its Concept of Operations for transforming its operations from a paper-based application process to an electronic one. The concept paper calls for USCIS to integrate a risk and fraud management component into its new processes communicating to staff the importance USCIS places on fraud prevention. Lastly, in his May 2010 testimony before the Senate Judiciary Committee the Director of USCIS testified that it is imperative that USCIS help safeguard our national security and protect the integrity of our immigration system. The Director stated that elevating FDNS to a separate directorate reporting directly to him emphasizes his commitment to anti-fraud efforts. These actions are consistent with our recommendation.

U.S. Citizenship and Immigration Services (USCIS) has taken a number of actions to provide adjudicators with access to additional information to help adjudicators detect fraud. For example, Fraud Detection and National Security (FDNS) created a web site to include, among other things, the results from its Benefit Fraud and Compliance Assessments, anti-fraud initiatives, fraud trends, lessons learned, and guidance to adjudicators on how to mitigate fraud trends. All USCIS Immigration Officers have access to the "Adjudicators Tool Box" a web based system that provides access to relevant resources, directives and policies. USCIS adjudicators also now have access to the Department of State's Consular Consolidated Database, a database on individuals issued visas. USCIS now also has access to an Immigration and Customs Enforcement (ICE) system called Immigration and Customs Enforcement Pattern Analysis and Information Collection System that can detect relationships between individuals and organizations and can also detect suspect identities. According to USCIS, one of the reasons for placing fraud officers in all USCIS field offices and service centers is to provide adjudicators with an additional source for information. To support the new fraud referral process, in 2008 USCIS and ICE signed a memorandum of understanding outlining policies and procedures for referring immigration fraud cases to ICE and tracking the status of the referrals. These actions are consistent with our recommendation.