QUESTIONS FOR BOB BACH

Previous immigration experience

When and how did you come by yourV»b at INS ?
what were you told your job would entail ?
years of employmentX/^V *• Cit
what were the high priorities at the time you became Executive Associate
Commissioner for Policy and Planning? i^~/toJ$y^£/>dy/cpb\?
Who did you answer to on a day to day basis at
Please describe your job, who reported to you and who you worked with on a day*
to day basis within the INS? in other departments? Private sector?
£^ Priorities.
What were the policy priorities of INS during your tenure? (Citizenship USA, SW
border, employer sanctions, fraud schemes, anti-smuggling, OSADEF, JTTF (but
did it kicking and screaming).
• What were the Commissioner's Interior enforcement priorities during the
years you were in office? Where did CT fall in that picture?
• What about technology, information sharing, and intelligence?
• Did you sign off on all strategies and priorities and budget allocations? DID
YOU EVER SIGN A COUNTERTERRORISM POLICY DOCUMENT OF ANY
KIND?

Meissner reorganization.
• What is your view of the Meissner 1994 regfrganization, whereby an isolated
policy shop was created and the offices of Programs and Field Operations. Were,
e^ ^x/^*^)
there any unintended consequences (investigation/interior enforcement had a /<f (/p^ «
difficult time functioning effectively,
• Why was there never appointed aniSES chief in investigations from 1995 to the
time you left the Commissioner's/fob? (Borderpatrol ha

Budget resources.
What role did you have in developing the INS budget? In allocating appropriated
monies? L M4- /2>UJU ^ M-^'W /
• What were the budget priorities?
o Did you ever seek out DOT, OMB or Congress to provfde more funding on
CT? (\Jff^C
o To what extent was Congress, from yoi/vantage point, interested in the INS
playing a rolejn CT considering INS exclusive jurisdictionj»er Title 8?
**"'"/ / / '
* o rnj ywi
'olicy Council. Who instituted it? Wha'tX^aVits purpose^ Whattvalue did it provide?
provide minutes). ^r*
'Jfi6
Relationship with DOJ:
 • Their priorities?
• Describe relationship?
• Did you participate in the INS Weeklies held by the DAG and AG? Please
describe them.
• What DOJ helped accomplish.
• What you wanted to do that DOJ discouraged.

Relationship with DOS:

Relationship with DOD:

Relationship with the White House:

• Who work with?
• What issues?
• Work with Dick Clarke. What issues? When? What taskings? How did you
respond to the taskings?
• What involvement with the CSGs?
• How did you receive PDDs? (9,39,62)

Relations with the CT Coordinator, later the NSU:

• Did you have any contact with the National Security or Lookout Units? Special
interest cases?
• As head of policy and planning, did you ever review or request a CT strategy!
Ever see or hear from Mike Pearson on the strategy that Cadman provided to him

• JTTFs. What did you see, if any, of the value to the INS of INS agents being
detailed to the JTTFs? Feb 1997 from DM to DOJAAAG adopting recommend to
fill detailee positions on task forces. Discusses value of INS in dealing with
travel/immigration fraud and IN A law in removing terrorists and 6 removals in
NYC due to INS participation.
• CIA. What value to the INS of INS agents being detailed to the CIA?

Relations with Congress.

• Their priorities
• What Congressional members did you think it important to take heed?
• Helpful/unhelpful.

Relations with the private sector while at the INS

• Please describe your relations with the airline industry
• Please describe your relations with Colleges/universities
• Please describe your relations with the foreign student association.
• Please describe your relations with Border communities
• Did you meet with any of these groups ever? What did you consider your role to
be in regard to their interests?
Information avenues and intelligence.

• Did you receive intelligence briefings?

• Please explain the roles of each of these units within the INS:
o National Security Unit
o Lookout Unit
o Intelligence Unit *"""
o The difference between the office of programs and office of field
operations and office of policy and planning.

Role of CT events on INS policy and priorities.

• What role did you see for the INS in counterterrorism in the years you?
• What was your view of the INS role in national security issues?
• Whose responsibility was CT, from your vantage point?
o Were you aware of UBL as a threat? Did anyone ever discuss with you UBL as a
threat? That the INS had a role to play on the borders and in internal enforcement
b/c of INS exclusive Title 8 authority?
o Were you aware of PDD-3 9 requiring INS to exclude terrorists? What was your
response to that requirement? What about PDD-62? Show documents.
o Strategies.
o Do you recollect what, if any, CT strategies were drafted?
• 1986 Contingency plan for Alien Terrorists and Undesirables
• 1995 Draft CT Strategy outline from ParkBramhill to Greg
Bednaj-z
• 1997 Budget Initiative Development Teams, Phase 2-Strategy
Development, Priority Gocdft^: Strengtheji^Efforts to Counter
International Terrorism.
o Who was tasked with CT policy? Why didn't you take CT policy up?

Migrant Trafficking Coordination Center. In FebJZOOO, JDQJ contacted James Castello -''
stating that the INS was not being responsive to setting up an interagency center on alien
smuggling, and the group of agencies involved were considering moving on without
them.

Expedited Removal. Why did the policy council decide not to expand expedited
removal to EWIs (SEE policy council meeting tab).

Student tracking.
• What was your role in CIPR1S?
• Do you recall a March 1996 presentation on CIPRIS whereby the results of an
interagency task force were presented, concluding that the current student
tracking system had to be scrapped as it was beyond repair, and a new system was
proposed which included a biometric element? (Task force had found 1000s of
fraudulent I-20s, corrupt designated student officers, and language schools selling
 I-20s.) Do you recall your response to the presentation? (Said didn't like
enforcement element, biometrics, and wanted more options.) x-
• What did you do on CIPRIS when became statute in September 1996 (Signed
pilot in Oct 1996). *
• Do you recall a second briefing in August 1998, attended on the proposal to go
develop the program nationally? What was your reaction/tasking?
• What did you see as the purpose/mission of CJP_RJS? What the statutory mandate
that CIPRIS was in part a CT tool? Was that a legitimate purpose from your
perspective?
• /(If the schools and other participants were supportive of the program)) What was
your view of why the development of the national SEVIS program never got off
the ground?
• Did you ever meet with Dick Clarke on CIPRIS or SEVIS? (Wyrsch remembers
she and DM being called to a mtg with Dick Clarke.)
• Did you ever meet with Marlene Johnson (NAFSA)? Terry Hartle of ACE? ^
What were their views? Did you share their views?
• Did either Marlene Johnson or Terry Hartle or anyone else, including the
Commissioner or Deputy Commissioner, ever request or discuss with you the
possibility of the task force being run by someone other than Mr. Berez?
• Did you ever attend NAFSA or ACE meetings to speak about student tracking? \t did you publi

• Please describe the conversation you had with Tom Cook regarding Mr. Berez^s"
removal from the task force?
• How would you describe the progress of the task force after Mr. Berez's removal?
• Ever have any discussions about student tracking with Senators or Congressmen?
^Abraham on fee, JuddGregg on repeal?)

Entry-exit.
• What was your view of the value of an entry/exit system to the enforcement role
of INS?
• Did you consider the overstay problem to be one requiring an answer by the INS?
• What was the priority for entry/exit? (hi Sept 99, the Canadian /American Border
i i(i, Trade Alliance stated that DM "thanked CAN?AM BTA for its pivotal role
n(L .V™ . in.. .delaying the implementation of Section 110" IIRIRA^
y /£, & • S£CiiflnJJ-0-ef the Illegal Immigration Reform and Immigrant Responsibility Act
\sfJ~/n( \f 1996 directed the AG to develop an automated entry and exit program to
Q/ collect records every alien arriving and departing the US. TheJune 2000J)ata
Management Improvement Act directed integration of DOJ/DOS electronic
arrival and departure information, beginning in 2003. The Visa,Waiver Pilot Act
of 2000 required collected entry/exit information from aliens provided a waiver
by the Act.
• What were your views of the value of an entry-exit program?
• Why did you not come up with an implementation plan? (Congress required it be
provided by January 1996)
 • Congressional appropriations documents show that in 1996 $20 million was given
for "automated border lookout systems including piloting an exit control system".
In 1997, another million was added to the project, hi 1998, another $20 million.
That's $41 million over three years.
• The Sept 1999 conference notes of a Canada/America Business and Trade
Alliance where it says: Meissner "thanked CAN/AM BTA for its pivotal role in
educating Congress on the realities and needs of the Northern Border and
especially in its involvement in convincing Congress to delay the implementation
of Section 110 and the inclusion that Trade and Travel are not to be impeded or
delayed. Further CAN/AM BTA continues its commitment for repeal of Section
110 at the land borders." Did you advise or agree with Meissner to delay? Or
repeal?

INS public image.

How do you respond to the criticism Ipygle^ at the INS that it was the "the agency who
refused to take itself seriously." "INS never wanted to be held responsible."

Enforcement.

• Please describe the rationale for the allocation of immigration enforcement

resources: 10,000 Border Patrol, 5,000 Inspectors, and 2,000 special
agents. ftff
• Your interior enforcement strategy/did not mention counterterrorism.
Why? A*

9/11. Could the INS have helped prevent^ 9/11?

Admission periods. Our understanding is that at one point, the length of stay of a visitor
was within the discretion of the POE inspector based on stated length of stay, amount of
money in one's pocket, stated intent while in the US. At some point that changed.
When? Why? By whom? How did admission times for visitors get set? What types of
information were taken into account when making the decisions? What national security
information?

Customer Service lines. Did you ever make a decision as to how long the wait should
be for a visitor to get through an inspection line at a POE? If yes, what was the decision?
When? Why? Was there Congressional pressure? White House pressure?

DAG oversight. In the late 90s, Congress in its Approps language was complaining
bitterly about the management of INS:
• the embarrassment of Citizenship USA where 263,000 aliens were naturalized
without having been adequately screened by the FBI, and subsequent screening
showed 77,000 had a criminal history;
• $800 million from 1995-97 "squandered" on technology upgrades like automated
I-94s that didn't happen, an IDENT system that didn't talk to the FBI's criminal
database or from location to location, and only held 5,000 names and was
appropriated $85 million; barely any betterment of the situation on the SW border
despite a near doubling in agents. In the end, Congress wanted more DAG
oversight of INS. Did you notice an increase in oversight from Jamie Gorelick?
In what areas? Did you ever have discussions with her on counterterrorism?
4)7/01/99 Committee on the Judiciary - Bach Statement Page 1 of 12
^MV

TESTIMONY OF

ROBERT BACH

EXECUTIVE ASSOCIATE COMMISSIONER

FOR POLICY AND PLANNING

IMMIGRATION AND NATURALIZATION SERVICE

BEFORE THE

HOUSE JUDICIARY COMMITTEE

SUBCOMMITTEE ON IMMIGRATION AND CLAIMS

CONCERNING

THE INS INTERIOR ENFORCEMENT STRATEGY

Thursday, July 1, 1999

9:00 a.m.

2226 Rayburn House Office Building

Good morning Mr. Chairman, Congresswoman Jackson-Lee, and Members of the Subcommittee. Thank
you for this opportunity to appear before you today to discuss the new Interior Enforcement Strategy of
the Immigration and Naturalization Service (INS). Interior enforcement is one of INS' primary strategies
for gaining control over illegal immigration, reducing the size of the illegally-resident population, and
restoring public trust in the immigration system. Our new strategy seeks to conduct old business in new
ways and to achieve several new objectives. We have learned from the 12 years since the Immigration
Reform and Control Act of 1986 (IRCA) that a new approach is needed that produces both more
effective law enforcement and greater assurance that the rights of all individuals will be protected. INS
is committed to preserving the integrity of the legal immigration system and reducing the undocumented
immigrant population in the United States while at the same time building community partnerships,
promoting public safety and trust, and ensuring that all individuals can exercise their rights under the
law.

The INS has spent much of the last six years focusing its enforcement efforts on restoring control to the
Southwest border, building new capacities with the Service, and removing those who have entered the
U.S. illegally or committed crimes after they have been admitted legally. We also recognized that
interior enforcement had to be dramatically improved. INS engaged in several activities that
strengthened interior enforcement activities.

Two years ago, INS recognized that doing more of the same was not enough. Building on the success of
the INS border enforcement strategy, the agency began to reexamine its capabilities in its priorities for
enforcement in the nation's interior.

http://www.house.gov/judiciary/bach0701.htm 1/15/2004
9/11 Personal Privacy
CONTACT SHEET ROBERT BACH Walt Hempel 9-11 Commission
9-11 Subpoena for appearance on 4/30/04 IQiOOAM
Monday, April 5
Received subpoena
Sent e-mail to
Tuesday, April 6
eVmailed
stemper@,american.edu at
the Center for.Ndrth
American Studies ,
requesting RBach telephone
number
Called the North American
Institute and left a message
to call back.
Wednesday, April 7
Checked internet re: Trinity
College, DC. Bach not
scheduled to instruct for the
Spring 2004 semester
11:45 AM, went to I
At GSA, received e-mail
from Dr. StemperCenter for
NA Studies saying that he
had a phone number but
that it was from last year.
Reviewed and copied
Requested that Subject call
Conducted internet search
David M. Stemper, Ph.D.,
American University, 3201
New Mexico Ave., NW,
Suite 265, Washington, DC
20016.202-885-1525
North American Institute, Bach has lectured at the NAMI
708 Paseb de Peralta, Santa
Fe,NM875Ql\, ,
Trinity College, 125 .
Michigan Ave., NE
Washington, DC 20017
202X884-9400
Condo i$ access controlled;
spoke to Steve from
Engineering who was the
replacement pn desk; Steve
acknowledged that Baeh
was tenet. There was nb
manager present. .
Called Dr Stemper ai| T Stemper stated that he had e-mailed Bach
I and that Bach had e-mailed him back and
Bach sent letter dated 2/16/04 saying that
he would be out of US but that he read his
e-mail (no telephone number)
Bach has lectured at the Center for North
American Studies
Robert Bach on adjunct faculty for
International Migration, the Director of
the Program is Dr. Robert Maquire, also
co^-authored articles with Bach
Steve would not give me Bach's
telephone number but did call! I
and left a, message on me answering
machine with my name and telephone
number. He also took my business card
and put it in thej \l box at
the desk. Main building|_ J
said that the 9-11 commisssion had asked
him tp testify but that he was out of the
country, Stemper looked up Bach's
number -j |
9/11 Personal Privacy
W. Hempel Bach Subpoena Log
April 7, 2004
e-mailed Dr. Robert
MaeuireRfoJtrinitvdc.edu
requesting a telephone
number or to contact Bach
April 8, 2004
Received e-mail from Bach
stating that he was available
all of next week.
**Placed original of
subpoena in Bach, witness
file in my research .folder,
April 22, 2004
April 23, 2004
May 3, 2004
May 5, 2004
May 11, 2004
May 12, 2004
Page 2
Dr. Maguire and Dr. Bach
co-authored a paper
published by Trinity on
1 1/6/02 "Next Steps for
U.S. Policy Toward Haiti"
Spoke to JKR, she wants to
keep to original schedule of
4/30/04 at 10AM.
Spoke to Susan Ginburg re:
subpoena. Instructed to
hold it but not serve it
unless Bach indicates that
he will not appear.
Subpoena returned on
.4/30/04 to K St unserved.
Received e-mail that he was
unavailable on the 30th
Called Bach ail | Bach told new appointment
| [and left message.
Received e-mail from Bach
that he would not be able to
keep interview as he was
working with DHS at the
Terrorist Screening
Operations Center
New subpoena issued for
Bach with appointment for
5/1 4/04 at 2PM
Met with Dan Marcus at
"K"St. He knows Bach
slightly and he called and
left him a message
Called and left voicemail
Visited Bach's condo and
called his apartment and left
Note: The article, available
on the web, lists the e-mail
address of Dr. Maguire and
Dr. Bach.
e-mailed Bach, cc: Susan
Ginsburg, Janice Kephart-
Roberts, Tom Eldridge and
Joanne Accolla. Told Bach
the date was 4/30/04 and
that he had to confirm with
Joanne.
will be Monday May 3,
2004 at 2PM.
Susan Ginsberg contacted
Donna Buscella at the TSC.
Bach was not cleared for
any meetings or operations.
Busy with Commissioners
briefing for report and
PowerPoint
Sent e-mail and left a phone
message that a subpoena
had been issued and that he
needs to call.
 message. Left business
card.

May 13, 2004 Called left voice mail. Bach's parking space is
Visited condo and called on G320 on the lower level.
the house phone, left
message. Visited condo
and met with General
Manager Ray Sohl. He
called Bach on telephone
and left message. Mr. Sohl
went up to apartment and
knocked on door, no
answer. I gave my business
card to Sohl.
Bach calls the office at Janice Kephart-Roberts
11:07AM reporting that his sends a strong e-mail to get
cell phone is not working and Bach's attention.
he will not be able to access
his e-mail for a few hours.

I call Bach and he is willing to

come to the office and accept
service of subpoena.

****Bach is served by Walt

Hempel in the presence of
Susan Ginsberg. His
appointment is Friday, May 14
at 2PM.

Subpoena is returned by
Hempel and sent by
messenger to Dan Marcus.
 Page 1 of 1

Walter Hempel
./'I9/11 Personal Privacy
From: Walter Hempel
Sent: Thursday, May 13, 2004 12:42 PM
To: Team 5
Subject: FW: Interview with 9-11 staff

—Original Message
From|_ ma}ltoj~~
Sent: Thursday, May 13, 200' 7:01 AFT"
To: Walter Hempel
Subject: Re: Interview with 9-11 staff

Mr. Hempel,

Good morning.. 1 was told by the personnel at the front desk of my building that you were here looking for me last
evening. I am available this afternoon if you would like to meet either at your office, for coffee, wherever. I have
morning meetings at the Department of Homeland Security, and I need to replace my cell phone today (which
' e, why you can't reach me by phone, if you've tried). You should be able to reach me by phone']" \y noon or after.
S
I look forward to our conversation and apologize for any difficulty in getting this arranged. I am not often
continuously in D.C., and must respond to business demands to travel. I appreciate how essential the
Commission's work is, and look forward to contributing to it.

Robert Bach

5/13/2004
 9/11 Personal Privacy

Walter Hempel \: I

Sent: Thursday, May 13, 2UU4 12:22 PM

To: Janice Kephart-Roberts
Cc: Team 5; Front Office
Subject: RE: Interview with 9-11 staff

Ms. Kephart-Roberts,
I look forward to the conversation with the Commission staff and always have. I've
contacted Mr. Hempel and offered to come down to the office this afternoon or tomorrow to
pick up the subpoena, if that facilitates matters.

I don't know what you mean by "false pretenses" and questioning whether my phone was dead.
I can offer the evidence that just this morning I had my dead phone replaced at the
Verison store in Alexandria -- the network receives the phone calls, so it may be true
that someone called me and got my voice mail while the phone was dead. However, it was
only this morning, when my phone was "alive," that I received and called back to Dan
Marcus and Susan Ginsberg Dan's message from Tuesday. I called Mr. Hempel back around
11AM this morning.

As for the "false pretenses" -- I don't know what you mean. I was traveling for business
the first time, and was involved in supporting an operation the second.

I of course understand and appreciation the significance of the Commission and have great
faith in the activity. I will gladly, and voluntarily, do my part.

Robert Bach
 /9/11 Personal Privacy

Walter Hempel

From: Janice Kephart-Rpberts

Sent: Thursday, May 1.3, 2004 12:35 PM
To: Walter Hempel,
Subject: FW: Interview/ with 9-11 staff

Here you go!

Driainal Message r'
From: I | [mailtot
Sent: Thursday, May 13,2004 12:22 PM
To: Janice Kephart-Roberts
Cc: Team 5; Front Office
Subject: RE: Interview with 9-11 staff

Ms. Kephart-Roberts,
I look forward to the conversation with the Commission staff and always have. I've
contacted Mr. Hempel and offered to come down to the office this afternoon or tomorrow to
pick up the subpoena, if that facilitates matters.

I don't know what you mean by "false pretenses" and questioning whether my phone was dead.
I can offer the evidence that just this morning I had my dead phone replaced at the
Verison store in Alexandria -- the network receives the phone calls, so it may be true
that someone called me and got my voice mail while the phone was dead. However, it was
only this morning, when my phone was "alive," that I received and called back to Dan
Marcus and Susan Ginsberg Dan's message from Tuesday. I called Mr. Hempel back around
11AM this morning.
As for the "false pretenses" — I don't know what you mean. I was traveling for business
the first time, and was involved in supporting an operation the second.
I of course understand and appreciation the significance of the Commission and have great
faith in the activity. I will gladly, and voluntarily, do my part.

Robert Bach
 P. 2/2
(IF*. 17.2004 3:54PM

February 16,2004

Philip D.Zelikow j
Executive Director I .
National Commission on Terrorist Attacks /
Upon me United States /
301 7th Street SW, Room 5125 I
Washington, DC 20407 |

Dear Mr. Zelikow: /

Thank you for your letter of February 10,2004. inviting me to meet with you and your
staff to discuss several policy and program issues related to my tenure at the INS in the
1990s. I took forward to meeting you and having a thorough discussion.

Unfortunately, I will be out of me country this week ^nd, therefore, will not be able to
arrange a meeting as requested I will return by the Weekend and so may be avanable the
following week or two. Please let me know if you wfould like to schedule a meeting for
the later time. I

1 should be reachable by email 1 while I'm abroad, so feel free to

communicate electronically.

I look forward to our meeting.

•~ Robert L, Bach

9/11 Personal Privacy

 9/11 Personal Privacy Page 1 of 1

Joanne Accolla

From: Stephanie Kaplan

Sent: Wednesday, March 17, 2004 3:45 PM
To: Front Office; Team 5
Cc: Dianna Campagna
Subject: Robert Bach

Janice:

The ink was barely dry on the subpoena when Dianna realized that we received a letter from Mr. Bach last week agreeing to meet
with the Commission. He sent it a month ago, but we just received it last week. He indicated that he would be out of the country,
but it seems that he should be back by now.

We'll fax over the letter, but in the meantime his email address isj |(He did not offer a telephone number.)
Please send him an email and attempt to set up a meeting. If he is unresponsive, we'll still have the subpoena on file.

Thanks,
Stephanie

STEPHANIE L. KAPLAN
9-11 COMMISSION
T(202)331-1125
F (202) 296-5545
www.9-11commission.gov

3/17/2004
 NATIONAL COMMISSION ON TERRORIST ATTACKS
UPON THE UNITED STATES

SUBPOENA

To Robert L. Bach, Greeting:

Pursuant to lawful authority, YOU ARE HEREBY COMMANDED to

appear and to testify before the National Commission on Terrorist
Attacks Upon the United States at the Commission's offices, 301 7th
Street, S.W., Room 5125, Washington, D.C., on May 14, 2004, at two
o'clock in the afternoon.

Any contumacy or failure to obey this subpoena may subject you to

sanctions and penalties provided by law.

This subpoena to be served by any member of the staff of the National

Commission on Terrorist Attacks Upon the United States.

Given under my hand, by agreement of the

Chair and Vice Chair of the Commission, this
4th day of May, 2004.

Thomas H. Kean
Chair, National Commission on Terrorist Attacks
Upon the United States
 9/11 Personal Privacy

RETURN

TTUuj. A3 ,2004

_i a member of the

staff of the National Commission on Terrorist Attacks Upon the United States, served

this subpoena by hand upon (fiejfoJL*^ V*>CSL^

r
at ^'* t7 ?^\n the I 3/CJ~ day of

, 2004.
 NATIONAL COMMISSION ON TERRORIST ATTACKS
UPON THE UNITED STATES

SUBPOENA

To Robert L. Bach, Greeting:

Pursuant to lawful authority, YOU ARE HEREBY COMMANDED to

appear and to testify before the National Commission on Terrorist
Attacks Upon the United States at the Commission's offices, 301 7th
Street, S.W., Room 5125, Washington, D.C., on April 30, 2004, at ten
o'clock in the morning.

Any contumacy or failure to obey this subpoena may subject you to

sanctions and penalties provided by law.

This subpoena to be served by any member of the staff of the National

Commission on Terrorist Attacks Upon the United States.

Given under my hand, by agreement of the

Chair and Vice Chair of the Commission, this
6th day of April, 2004.

Thomas H. Kean
Chair, National Commission on Terrorist Attacks
Upon the United States
9/11 Personal Privacy Page 1 of 1

Walter Hempel

From: |_
Sent: Thursday, April 22, 2004 4:59 PM
To: Walter Hempel
Subject: Re: Appointment with the 9-11 Commission.

Dear Walter,

I must travel out of town next week on essential business and will not be in DC on Friday morning for the
appointment with the Commission staff. I am in DC Monday through Wednesday, and all the first week of May. I
regret the change, but it is an important, one-time meeting for my business.

I look forward to rescheduling and to having the chance to discuss crucial immigration and security issues with the
staff.

Sincerely,

Robert Bach

5/4/2004
 Page 2 of2

—Original Message—
From: Susan Ginsburg
Sent: Monday, May 03, 2004 10:27 AM
To: Dan Marcus; Steve Dunne
Cc: Chris Kojm; Team 5
Subject: FW: Appointment with the 9-11 Commission.
Importance: High

Counsellors,

We think it's time to subpoena Mr. Bach. Steve, would you provide us with
another subpoena? I left the original on your desk this weekend.

We plan to reschedule for after May 11th.

Thanks.
Susan

Original Message

Sent: Monday, May 03, 20047:42 A?

To: Walter Hempe! j /
Subject: Re: Appointment with the/9-11 Commission.

Mr. Hempel, | /

Good morning. As you knovy, we/re scheduled to meet this afternoon. However,
in my current work with the Department of Homeland Security, I've been asked to
be at the Terrorist Screening Operations Center this afternoon as part of an
operation. I know how schedule changes run havoc on your processes, but this
one is entirely beyond my control. I may be able to provide you with a detailed
explanation of this effort wrien.we meet in person, but for now can only describe
the activities as ongoing. I I

I don't know how much of an/interview you plan to have with me, but if limited,
perhaps we can do it by emsiil. I'm normally available too, so it's your choice.

Bob Bach / /

9/11 Personal Privacy

5/4/2004
 Page 1 of 1

Walter Hempel

From: Robert Maguire [MaguireR@trinitydc.edu]

Sent: Monday, April 12, 2004 4:04 PM
To: Walter Hempel
Subject: Re: Attempting to contact Dr. Robert Bach

Dear Walter - This is the same email address I have for Dr. Bach, who has taught as an adjunct in my program,
though not this semester. The most recent phone number I have for him is:| j

Please let me know if I can be of further assistance. /

Bob Maguire

Dr. Bob Maguire /

Director /
Programs in International Affairs /
Trinity College /
125 Michigan Ave. NE
Washington, DC 20017
tel - 202-884-9585 /
fax: 202-884-9597 /
e-mail - maguirer@trinitydc.edu /
web site: http://www.trinitydc.edu /
>» "Walter Hempel" <whempel@9-llcommission.gov> 04/07/04 05:45PM >» /

My name is Walter T. Hempel. I am on the staff of the National Commission on Terrorist Attacks Upon the United
States, better known as the 9-11 Commission. I am trying to get in contact with Dr. Robert Bach. We have
exchanged letters but we do not have a current telephone number, in his correspondence with the Commission,
Dr. Bach gave us his e-mail address) put using this internet address we have been unable
to make contact with him. • /

I believe that Dr. Robert Bach is or has been a member of tljie adjunct faculty of Trinity College.

I would appreciate your assistance in either providing us with a/telephone number or reaching out to Dr. Bach.

My telephone number at the Commission is 202-358-3253! /

| / Thank you for your assistance.

9/11 Personal Privacy

4/13/2004
 Page 1 of 1
9/11 Personal Privacy

Walter Hempel

From: |_
Sent: Wednesday, April 07, 2004 10:52 PM
To: Walter Hempel
Subject: Re: Meeting with the 9-11 Commission Staff

Dear Mr. Hempel:

Thank you for your continued interest in speaking with me about the work of the 9/11 Commission. I should be
available anytime next week, except for the morning of Thursday, April 15. Please let me know when we may
meet and for how long.

Sincerely,

Robert Bach

4/8/2004
 NATIONAL COMMISSION ON TERRORIST ATTACKS
UPON THE UNITED STATES

SUBPOENA

To Robert L. Bach, Greeting:

Pursuant to lawful authority, YOU ARE HEREBY COMMANDED to

appear and to testify before the National Commission on Terrorist
Attacks Upon the United States at the Commission's offices, 301 7th
Street, S.W., Room 5125, Washington, D.C., on April 30, 2004, at ten
o'clock in the morning.

Any contumacy or failure to obey this subpoena may subject you to

sanctions and penalties provided by law.

This subpoena to be served by any member of the staff of the National

Commission on Terrorist Attacks Upon the United States.

Given under my hand, by agreement of the

Chair and Vice Chair of the Commission, this
6th day of April, 2004.

Thomas H. Kean
Chair, National Commission on Terrorist Attacks
Upon the United States
Carnegie Council - Printer Friendly Page 1 of 12

Carnegie Council

After September 11: Shifting Priorities for Global Justice

(New York Forum #4)
Robert Bach, Christian Barry, Nicolas DeTorrente, Elizabeth Neuffer, and Omar Woman

How should nation-states and other actors balance responsibilities to mitigate unnecessary suffering
worldwide with obligations to promote security and ensure justice for victims of terrorist crimes?

Edited transcript of remarks,

03/06/02 Carnegie Council New York Forum.

CHRISTIAN BARRY: I wanted to explain the title of this evening's program before turning it over to our
panelists. The title is "Shifting Priorities of Global Justice."

The attack of September 11th raised many questions about terrorism, globalism, and, perhaps most
importantly, about the role of the U.S. in the world, and subsequently it has been invoked for many
different competing political agendas. Many of these discussions have been very strategic, but our
purpose is to examine some of the reasons for taking different policy initiatives in response to September
11th.

There are many contending views about what global justice consists of, but I will break it down into three
different components which on some interpretation most people would accept.

• The first is that our international order be arranged to minimize unjustified violence and to punish
wrongdoers - the corrective retributive security element of global justice.

• A second is that life-threatening poverty be minimized insofar as possible - distributive justice.

• Third, inclusion or democratic justice, is the idea that people should have some meaningful role in
the decisions concerning the policies and institutions that affect them.

Clearly, these different elements of global justice can be interconnected. People who are desperately
poor are unlikely to have much of a meaningful role in political decisions that affect them, and denying
people a voice in political decisions may lead to insecurity, conflict, and poverty.But there is no reason to
believe that all of these elements of global justice will all be realized equally well by different policies, and
there may be difficult choices that need to be made about which should be given priority in our
considerations.

A second element to the title is the idea of priorities, which again raises three distinct questions.

• Whose priorities are we talking about? We have assembled a diverse range of panelists from
different organizations. We will hear how their work has been affected by these events.

• What reasons bear on different actors in determining what their priorities should be? There is no
reason to suppose in advance that what the U.S. Government and its priorities should be and how
they have changed in response to the attacks are identical to humanitarian organizations' or to
different agencies' within the United Nations.

• What kinds of strategies can permissibly be used to meet the objectives of these different actors?

http://www.cceia.org/printerfnendlymedia.php/prmID/146?PHPSESSID=f6276d8816cl 195... 4/7/2004

 T R I N I T Y COLLEGE
Inside this issue:
New Educational Web-
site Launched!
Fulbright Scholar
from Russia is
Arriving at Trinity
Sneak Preview-Spring
2004 INAF Courses
New Courses and a
Film Fest
Links between Traf-
ficking and Interna-
tional Crime
Real People-
Unimaginable Change:
A Book Review
Highlights of this
issue:
• Fulbright scholar from
Russia.
• Comprehensive informa-
tion about Haiti at www.
Haiti-USA.org
• New Spring 2004 Inter-
national Affairs courses.
• A new International Mi-
gration course
Special Issue
The Best of 2002-2003
r--r-
A- •/" i •
rI
Newsletter
MESSAGE FROM THE DIRECTOR
What is International Affairs at Trinity College?
In recent months, students have approached me with
; questions about Trinity's Programs in International
; Affairs. They have asked about the B. A. in Interna-
[ tional Affairs and our courses, and whether or not
l A/jfchy
s Programs in International Affairs is actually a club.
| The genesis of these questions is the fact that Trin-
I ity's international affairs program has evolved rap-
• idly over the past two years.
I Trinity's B.A. in International Affairs (INAF) has
i' recently replaced the college's B.A. in International
Studies (INS). According to the college archivist,
Sr. Mary Hayes, international studies was first listed
; separately as a concentration area in the early 1980's
before becoming a major in 1985. The B.A. in In-
, ternational Affairs was introduced in August 2002.
j Next fall, all courses once listed as INS will be listed
\s INAF courses.
Students majoring in international affairs study, un-
derstand and analyze the world and current global
issues. Majors take INAF courses as well as a variety of courses from such other disciplines as
history, sociology, economics, political science, geography, and business because international
affairs is an interdisciplinary major. The INAF major requires nine core courses (27 credits),
along with 18 credits from one of the following five areas of concentration: Area & Cultural
Studies; International Relations; International Business & Economics; Conflict Management &
Diplomacy; Global Migration & Immigrant Communities. The INAF major, and an INAF mi-
nor (21 credits), are available to students in the College of Arts and Sciences (CAS) and in the
School of Professional Studies (SPS). Students majoring in other programs are always wel-
come to take individual INAF courses, of course!
INAF graduates are well positioned for graduate studies, and for positions in government, inter-
national and non-governmental organizations (NGOs), as well as in business, banking, and edu-
cation. A full description of the International Affairs major is available in Trinity's on-line
catalogue, or from yours truly.
Dr. Bob Maguire
./iternational Migration Faculty Page 1 of 1

International Migration:
Women's & Children's Issues

Home

Program Faculty
Overview

Admissions
• Dr. Robert Bach
Program
Information
• Ms. Lauren Engle
Course
Description • Ms. Theresa Loar

• Dr. Robert Maguire

Fall 2003
Courses • John Picarelli
Photo
Galler>

Contact
Information

Programs in International Affairs

Trinity College, Washigton, D.C.
Dr. Bob Maguire, Director

http://www.trinitydc.edu/academics/depts/Interdisc/International/IM_Faculty.htm 4/7/2004
CONTACT SHEET ROBERT BACH Walt Hempel 9-11 Commission

Page
The North American Institute Page 1 of5

THE NORTH AMERICAN INSTITUTE

N AMI's mission is to enhance public unders lard ing of priority issues
affecting the Nor'h Amer.con comnun.'y. n pur'iu ' &• 'i n.si on.
KAMI both servei os a convening organic!,on by organ.z!ng
conferences, workshops, and forums, that address pertinent issues
relating to the emerging North American community, and a prograre-
NEW a
oriented organization that works with, the next generation of leaders
in North America, "lie 3 central themes that NAMI addresses are. Posted i
North A
1. Advancing public understanding of North American issues Service
2. Smart borders afxj green trad* corridors Resean
2003
3. Building trinationai leadership
PDF|I\G PtIBUC

REPOF
LATEST NEWS FROM AROUND NORTH AMERICA
NAFTA
Mexico
UNOatSTANOING B.C. fights bird flu with mass slaughter
Americ.
DANIEL GIRARD by Time
SMART BOKOSRS AND
WESTERN CANADA BUREAU 2003
GRBMTRADfCOttMDOftS
The Toronto Star
April 6, 2004 When tl-
B4JIUHNG111MAT1ONAL Free Tr;
lfAD6l$HM>> (NAFTA
VANCOUVER—About 19 million chickens, turkeys and other commercial Mexico
poultry in British Columbia will be slaughtered to try to stop the spread of child-th
avian flu. globaliz
later, Mi
The move means hundreds of people will be laid off and tens of millions of longer s
dollars will be lost in the poultry industry.
posters.
are of a
Federal Agriculture Minister Bob Speller authorized the cull yesterday, more
U.S.grs
than six weeks after the discovery of so-called bird flu at a chicken farm in
the Fraser Valley, the heart of B.C.'s $1 billion a-year, 5,000-employee unempk
poultry industry. The virus has now spread to 18 farms in the region located the strei
about 100 kilometres east of Vancouver. workers
labor ric
MORE > commur
respect
poverty.
Bush-PM summit sparks barbs MORE
Opposition plans campaign attack
Martin confirms visit this spring
North ft
SUSAN DELACOURT AND BRUCE CAMPION-SMITH use of (
OTTAWA BUREAU By Johr,
The Toronto Star
5 April 2004
Five ye;
betweer
The looming summit between Prime Minister Paul Martin and U.S. President the Unit
George W. Bush is already threatening to turn into a political football in the the proc
federal election expected this spring. chlordai

"I can assure you that if Mr. Martin and Mr. Bush want to stand side by side, A pestic

http://www.northamericaninstitute.org/index.html 4/6/2004
Conference Papers Robert Bach
Welcome to the Australian Government's official website for the
Department of Immigration and Multicultural and Indigenous Affairs
» Visiting Australia
» Studying in Australia
» Working in Australia
» Extending your stay
» Migrating to Australia
» Sponsoring someone to Australia
Australian citizenship
» Life in Australia
» Multicultural Australia
Indigenous Australia
» Information & contact details
» Online services, forms & booklets
» Media centre
» The department
To advise the department about a
person working or living illegally in
Australia, please call or fax your
information to the Immigration Dob-in
Line.
http://www.immi.gov.au/amep/reports/pubs/papers/bach.htm
Page 1 of7
Adult Migrant English Program
[ AMEP Page | What is AMEP? | Client Information |
Success Stories | Reports. Research. Publications |
Curriculum Materials | What's New | AMEP Links |
Immigration and Language: An
American Perspective
DR ROBERT BACH
Dr Robert Bach is Executive Associate
Commissioner for Policy and Planning,
US Immigration and Naturalization
Service
Dr Bach came to public service from his
faculty position as professor of sociology
at Binghampton University, New York. At
the university, he was founder and
director of the Institute for Research on
Multiculturalism and International Labor, a centre devoted to studying
international migration. Dr Bach was also a senior associate with the
Carnegie Endowment for International Peace. He has published
extensively on migration trends and policies in Mexico, the United
States, Cuba, the Caribbean, Vietnam and China.
Good afternoon, and thank you for inviting me to this wonderful
celebration of your nation's past and present.
My task this afternoon is to provide an "American perspective" on
immigration, language and settlement. Americans actually have much
in common with Australians, and so the perspective I bring today is
as much one of solidarity with your efforts as it is a different point of
view.
Few things are more dear to our past, present, and future, for
example, than our continuing capacity to accept and to integrate
immigrants from around the world. Like you, most of us are
immigrants, the children of immigrants or the not too distant
descendants of immigrants. Almost 40 years ago, President Kennedy
called us a Nation of Immigrants and, despite the trials and
tribulations of our history, we remain committed and proud of that
heritage. I am pleased that Australia, through this conference, is
celebrating similar principles.
I am not at all sure, however, that it is wise to ask an American for his
perspective during your celebration. Americans share a lot with
Australians, and much more of it is mischief. Americans, like
Australians, often take pride in redefining an assignment and striking
out independently in directions far different from what have been
expected.
4/7/2004
National Organization for the Advancement of Haitians Page 1 of 26

National Organization for the Advancement of Haitians

TOWARD A UNIFIED DEVELOPMENT POLICY FOR HAITI

HAITIAN-AMERICAN SUMMIT 2000

Briefing at U.S. Department of State and Georgetown University

June 30, 2000

INTRODUCTION

During the past two decades, Haiti has been caught in a political turmoil that has impeded social
and economic development. While the economies of the countries in the western hemisphere have
grown at a fast pace, Haiti's economy has deteriorated at an even faster pace. Hence, as we enter
the 21 " Century, it is time for the sons and friends of Haiti to come together to exchange ideas
that bring a unified development for Haiti. Politics alone will not save Haiti. While political stability
and the installation of democracy are fundamental to improved socio-economic conditions, the
improvement of the country's infrastructure; ie, commerce and industry, law and order, health
care and education, is critical to improving the quality of life in Haiti. Although Haiti may be in
political turmoil at this time, it is the duty of every Haitian or friend of Haiti to continue to seek
measures for improving all aspects of life in Haiti. Hence, on June 30, 2000, NOAH/HHF opened its
Haitian-American Summit 2000 with a briefing entitled, "U.S. Policy Toward Haiti", sponsored by
the U.S. Department of State. In the afternoon, the session continued at Georgetown University.

Ambassador Donald K. Steinberg provided the introduction to the summit with the topic: "Haiti at
the Crossroads: Building Democracy and Prosperity". The content of the briefing at U.S.
Department of State included the following presentations:

* Forging Policy Formulation toward Haiti by Mr. Robert Gilchrist, Special Assistant to the
Deputy Secretary of State, Ambassador Strobe Talbott;

^Business Development Policy by Mark Schalkman, White House Senior Advisor for the
Americas;

* Educational Policy Reform by Rebecca Adams, Consultant, United States Agency for
International Development (USAID);

* Health Care Policy by Shirley Coly, Haiti Health Program Officer USAID;

* Judicial and Security Reform by Carl Alexandre, Director, Overseas Prosecutorial

Development Assistance and Training Office (OPDAT), Department of Justice.

The Luncheon Speaker held at the State Department was Dr. Robert Bach, Deputy Director
Rockefeller Foundation.

Dr. Robert Maguire, Haiti's Program Coordinator/Caribbean Project, coordinated the afternoon
discussion of U.S. Policy Toward Haiti at Georgetown University. Speakers were Ambassador Peter

http ://www.noahhaiti.org/conferences/Jean.htm 4/7/2004

 Page 1 of 1

Walter Hempel

From: David Stemper [stemper@american.edu]

Sent: Wednesday, April 07, 2004 8:14 AM
To: Walter Hempel
Subject: Re: Robert Bach

The Center has called and spoken with Bob once or twice but I think that the last time was more than six months
ago. The phone number I have is from last year but it was valid when I called then. Perhaps you have this
number?

David M. Stemper, Ph.D.

Associate Director
Center for North American Studies
http://www.american.edu/internationalaffairs/cnas/
American University
3201 New Mexico Ave, NW, Suite 265
Washington, D.C. 20016
Telephone: 202-885-1525
FAX: 202-885-1366

"Walter Hempel" <whempel@9-11 commission.gov>

T° <stemper@american.edu>
cc
04/06/2004 06:20 PM Subject Robert Bach

I am trying to reach Dr. Robert Bach who has lectured the Center for North American Studies. Do you have a
contact number or a business address?

Thank You

4/7/2004
' Center for North American Studies - Faculty Seminar Details Page 1 of 1

AMERICAN UNIVERSITY
CKNTKR/orNoirn i AMKRICAN STUDIKS
Faculty Seminar Details

Topic 2: Economic, Environmental, and Social issues of North American Integr;

Date: Wednesday, February 26, 2003
Time: 2:30 - 5:00 PM
Location: Mary Graydon Center, Room 200 (Gianni Lounge)
Co-Chair: Dr. Robert A. Pastor, Vice President of International Affairs
Director of the Center for North American Studies
Co-Chair: Professor Robert Blecker, Economics, College of Arts and Sciences
Presenter: Daniel Lederman, Senior Economist in the Office of the Chief Economist for La
America, World Bank
Presenter: Janine Ferretti, Chief, Environment Division, Inter-American Development Bar
Presenter: Robert Bach, Researcher, SIS and Inter-American Dialogue
Readings: Davidson, Debra J. and Ross E. Mitchell. 2002
Environmental Challenges to International Trade.
IN NAFTA in the New Millennium, edited by Edward J. Chambers and Peter H.
pages 265-268. USCD Center for U.S.-Mexican Studies and U. of Alberta Pres:

Pastor, Robert A. 2001

North America's Journey.
Chapter 4 In Toward a North American Community: Lessons from the Old Wo
the New, Pages 63-93. Institute for International Economics, Washington, D.C
Summary: Read the summary of faculty seminar II

Contact David Stemper for more information.

3201 New Mexico Avenue, NW • Suite 265 • Washington, DC 20016-8026 • (:

American University's home page | privacy policy, copyright statement & disclos
Date last modified: IV

http://www.american.edu/internationalaffairs/cnas/academics/fs_02_26 03.html 4/6/2004

The September 11 Effect
Carnegie Council
SEARCH BV KEY WORD
•*••)*' Resource Library -Article
Biag.-apfv.cal Notes
Robert L. Bach was formerly
Director of the Global Inclusion
Division of the Rockefeller
Foundation, where he focused on
poverty and social exclusion in
transnational and global issues.
Omar Noman is Deputy Director of
the Human Development Report
Office, UNDP. He has worked with
local and international NGOs and
has also taught at Oxford University,
where he was Senior Research
Economist.
James D. Ross is Senior Legal
Advisor at Human Rights Watch.
Previously, he worked on human
rights and humanitarian law issues
with Medecins Sans Frontieres in
Holland, the Organization for
Security and Co-operation in Europe
in Bosnia, the International Human
Rights Law Group in Cambodia, and
the Lawyers Committee for Human
Rights.
Nicolas de Torrente is Executive
Director of Doctors Without
Borders/Medecins Sans Frontieres
in the United States. Before joining
the U.S. office in early 2001, he
worked extensively for the
organization, first as an
administrator and head of mission in
Tanzania and Rwanda, and later as
an emergency coordinator in
Somalia, Liberia, the Democratic
Republic of Congo, Macedonia, and
Afghanistan.
Sima Wali is President of Refugee
Women in Development and Vice
President and Treasurer of the
Sisterhood Is Global Institute. A
native of Afghanistan, she is an
international advocate for the rights
of refugee and internally displaced
women.
Related L'nks
• 11/13/2002 Table of Contents
Ethics & International Affairs.
Volume 16. No. 2
http://www.cceia.org/viewMedia.php/prmTemplateID/8/prmID/102
Page 1 of20
Human Rights > Armed Conflict » Reconciliation » Global Justice > Environment > Intern
D RESOURCf UMAKY D CLASSROOM TOOLS
OKOtK PUBLICATIONS SfCOMt A MtMBlR DONMt -.-i' SHC
i^fc Printer I
The September 11 Effect
Paige Arthur, Nicolas de Torrente, Omar Noman, Sima Wali, Robert L. Bach,
James D. Ross
Journal roundtable from Ethics & International Affairs, Volume 16, No. 2.
The September 11 Effect, Paige Arthur
Challenges to Humanitarian Action, Nicolas de Torrente
Crafting a New Alliance with the Muslim World. Omar Noman
Afghan Women: Recovering. Rebuilding. Sima Wali
New Priorities for Philanthropy, Robert L. Bach
Promoting Human Rights. James D. Ross
The September 11 Effect
Paige Arthur
There is no single September 11 effect, if by "effect" we mean the way in which
something - an event, for example - has influenced our lives. The simple fact is th;
year's attacks have reorganized the world in which we live in many ways. One ye?
Afghanistan has a new government, the United States has a new cabinet-level
department, and whole regions of the world have taken on a new significance thro
their relation to the antiterrorism campaign: Kashmir, Israel and Palestine, Central
the Philippines, and Malaysia, to name a few.
A rather incongruous new language has emepgfed in September 11's wake, one th
unifies the various discourses on humanita/fan intervention, just war, mock war (III
"war on drugs"), the politics of good and/^vil, and the security concerns of a poten
realism. In the rush to provide reasoranor particular actions, policymakers and pu
seemed to choose from these discourses at will. This is, perhaps, inevitable when
target keeps moving - is it al-Qaeda, the Taliban, Iraq, any terrorist group anywhei
"axis of evil"? - but it is unsettUclg. Since it seems that the leaders of the antiterrori
campaign are not starting w>m well-defined objectives, but rather scripting them to
they go along, the public^fnould be more careful in deciding which policies it want:
support.
To an extent, of course, acting and reacting is what politics is all about. That is no
reason, howeve/to refrain from reflection and judgment. The articles in this Roun
demonstrate tMe importance of critical thinking to debate on the antiterrorist camp;
In a public domain that often seems confident in the Tightness of the United States
current course of action, they offer a reminder that moral certainty is not somethin>
taken tor granted. If rooting out terrorism is to benefit everyone, then the means
employed to do so must be principled, they must not divert attention and resource
other pressing crises, and they must involve the cooperation of other peoples (anc
simply their governments).
This is to say that a concern for September 11 should not lead us to an obsession
4/7/2004
Ben H. Bell, III is the Deputy Director for the Foreign Terrorist Tracking Task Force,
Department of Justice, which was created by Presidential Directive No. 2 on October 29,
2001. Previously he served as the Deputy Assistant Commissioner for Intelligence for
the Immigration and Naturalization Service (INS).
A retired U.S. Marine Corps Officer, Mr. Bell designed, implemented and managed the
Intelligence Program for the INS that effectively fused open source and classified
intelligence with the information generated by INS officers worldwide. The resulting
increase in the quality and quantity of intelligence significantly improved the ability of
the INS to produce predictive intelligence assessments, daily briefings and special
projects for FNS senior executives, as well as Operational Intelligence Reports and daily
digests such as The Borderline and the U.S. Border Patrol Apprehensions Update. Both
of these publications were distributed electronically and in print to dozens of U.S.
government organizations, foreign intelligence services and international law
enforcement agencies. These publications had a readership of over 11,000 intelligence
professionals. Mr. Bell also served as a special consultant and mentor for the INS
Intelligence Program targeting trafficking in, and exploitation of, women and children.
Mr. Bell has combined analytical and planning skills in a variety of operations, ranging
from major refugee processing programs in Haiti and Guantanamo, Cuba, to operational
intelligence planning, collection, analysis and execution of a critical INS rescue and
enforcement initiative. In the wake of the September 11 tragedy, his intelligence
community partnerships facilitated the institution daily Top Secret briefings for the INS
Commissioner and his senior staff, thus ensuring the Agency's ability to effectively react
to the tragedy and also to facilitate coordination with other federal and state law
enforcement as well as national security agencies.
Mr. Bell has a Masters of Science from Golden Gate University in California, a post-
graduate
certificate in Competitive Intelligence from Drexel University, and is a graduate
of the National Senior Cryptologic Course at the National Security Agency and the
Armed Forces Staff College. Currently, Mr. Bell serves as Adjunct Faculty for the
graduate Competitive Intelligence Program at Trinity College, Washington, D.C., and is a
member of several Criminal Intelligence Advisory Boards. He has also published and
lectured on immigration intelligence issues in a number of forums around the world.
Mr. Bell's foreign intelligence experience stretches from the beaches of the Caribbean
and the tropical forests of Central America to the Far East. As is generally the case with
a Marine, he tries to stay as close as possible to large bodies of water. Consequently he is
also a Licensed Coast Guard Captain, an avid boater and advanced scuba diver.
Dr. Bob Maguire Page 1 of3

Who We Are

r. Robert Maguire
ecame the Director of
'ograms in International
ffairs at Trinity College
n September 2000. His
.ctivities at Trinity, where
e also holds an
.ppointment as an
ssistant Professor in
international Studies in the
bllege of Arts and
(Sciences, include the
reation, administration
|and oversight of post-
.duate and
ndergraduate programs in
international affairs, as
well as some classroom
teaching.

Dr. Maguire earned a Ph.D. in Geography from McGill

University, an MA in Latin American Studies from the
University of Florida, and a BA in Secondary
Education/Social Studies from Trenton State College,
now the College of New Jersey. While at McGill
University, he undertook Ph.D. field research in South
Louisiana. Eventually, his research was published as
Hustling to Survive: Social and Economic Change in a
South Louisiana Black Creole Community (Projet
Louisiane, monographie no. 2, Universite Laval, 1989).

Bob joined the staff of Trinity College following a career

in federal government service as a specialist in Latin
America and the Caribbean, grassroots development, and
political economy. His government service included stints
with the Inter-American Foundation and the Department
of State, along with an earlier tour as a Peace Corps
Volunteer in the Caribbean island of Dominica.

http://www.trinitydc.edu/academics/depts/Interdisc/International/Bob.htm 4/7/2004
International Migration Faculty Page 1 of 1

International Migration:
Women's & Children's Issues

Home

Program Faculty
Overview

Admissions
• Dr. Robert Bach
Program
Information
• Ms. Lauren Engle
Course
Description • Ms. Theresa Loar

• Dr. Robert Maguire

Fall 2003
Courses • John Picarelli

Photo
Gallery
Contact
Information

Programs in International Affairs

Trinity College, Washigton, D.C.
Dr. Bob Maguire, Director

http://www.trinitydc.edu/academics/depts/Interdisc/International/IM_Faculty.htm 4/7/2004
 NEXT STEPS FOR U.S. POLICY TOWARD HAITI

by

Robert L. Bach and Robert Maguire

Haiti Program, Trinity College1

November 6, 2002

Now that the politics of Florida elections are behind us, the United States and the
international community need to attend to Haiti. The uproar over the recent arrival of a
boatload of 211 Haitians in South Florida and their treatment in asylum proceedings is an
indicator of failed U.S. policies toward Haiti. This small Haitian exodus is also a clear
warning that Haiti itself is on the brink of collapse. Asylum proceedings, fair or
otherwise, cannot cushion or turn around this impending crisis.

No one, of course, is surprised by the glaring unequal treatment of asylum-seekers from

Haiti and Cuba. The policy debate on this unequal treatment has occurred within each
administration since the 1966 Cuban Adjustment Act gave special status to Cuban
arrivals. Although the Clinton Administration made some progress in holding Cuban
arrivals to the same legal requirements as others, without an overall change of policy
toward Cuba it is unlikely that the imbalance will change.

Haitians, for the most part, are treated nearly the same as others seeking asylum - at least
until December 3, 2001 when a boatload of 167 Haitians arrived in South Florida. At that
time, the Bush Administration decided to attempt to deter Haitian boat arrivals by
detaining those who arrived by sea. Other asylum-seekers, even other Haitians arriving
by air, are routinely released. The Administration has still not explained satisfactorily the
reasons for its shift in detention practices, and although the Immigration and
Naturalization Service (INS) has the discretion to make such shifts, the effort to deter
future boat flows - as the recent arrivals show - was doomed from the outset.

The controversies over asylum policies and practices, however, obscure and threaten to
distract attention from two more fundamental errors in U.S. policy toward Haiti. First,
ironically, the Administration is failing to increase the security in South Florida that its
shift in detention practices promised. The Haitian boats interdicted last fall and,
especially, the one that made it to the coast in December 2001 alarmed U.S. security
planners in a way that has not yet been fully appreciated. Homeland Security, as
envisioned by many after 9/11, is a joke if a boatload of migrants, in an unsophisticated
vessel, can simply sail up the Miami River without detection. The problem, of course, is
not with the migrants per se, and no one seriously believes that impoverished Haitians
represent a security threat. It is the boat, and how a similar boat could be used to deliver
weapons, that horrify security planners.
 Page 1 of3

Joanne Accolla

From: Janice Kephart-Roberts

Sent: Monday, March 08, 2004 2:04 PM
To: Joanne Accolla
Subject: FW: Bob Bach

—Original Message—
From: Janice Kephart-Roberts
Sent: Friday, March 05, 2004 5:41 PM
To: Steve Dunne; Dan Marcus
Cc: Susan Ginsburg
Subject: RE: Bob Bach

Bob Bach was the INS Executive Associate Commissioner for Policy and Planning from 1197 or 1998 until June 2000.
Previous INS interviewees tell us Bach was Commissioner Meissner's right hand in day-to-day decision-making.
Discussions with Ms. Meissner also indicate we need further answers from Mr. Bach. He also had substantially contact
with DOJ DAG's office, and this is an important link as well to operations of the INS. (Ms. Gorelick is familiar with
Bach as well, as we discussed his role in INS policy during my interview with her.)

I understand he was in the lead for failed development of entry/exit, student tracking, and the creation of the
controversial interior enforcement strategy of 1999. Our letter of February 10 listed the following categories for
discussion:

• Overall policy and planning for the INS during his tenure as Executive Associate Commissioner;

• Development of the entry-exit system mandated by Section 110 of the 1996 Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 and related automated 1-94 system;

• Development of the student tracking system mandated by Section 641 of the Antiterrorism and Effective Death
Penalty Act of 1996.

• Creation and implementation of the interior enforcement strategy of 1999, and any other relevant strategies in whose
development Bach led and participated; and

• The role of the INS in counterterrorism.

I began my search for Bach early last fall, calling retired INS employees and following up on leads, but to no avail. Walt
then was able to acquire a possible address on| \h Walt says tax records verify as Bach's
stated address. Choicepoint has not provided a phone number; apparently his phone number is blocked.

Our letter was dated February 10, and the certification card was signed on February 11. We did not receive it until late
9/11 Personal Privacy
3/8/2004
 Page 2 of3
February. The signature is pretty illegible, but Robert Bach does not really look like the signature. We do have a
possible number for his wife and a possible cell number for either Bach or his wife.

Hope this helps.

Janice
9/11 Personal Privacy
—Original Message—
From: Steve Dunne
Sent: Friday, March 05, 2004 4:59 PM
To: Janice Kephart-Roberts
Cc: Dan Marcus
Subject: RE: Bob Bach

Janice - So we can explain this to the Chair and Vice Chair, can you please send Dan and me an email
explaining who this guy is (title, dates and responsibilities), why you want to talk to him, and what efforts you
have made to date to contact him (with specifics such as dates, who sighed the certified letter receipt on what
date, etc.) Also, can you tell us what efforts you have made to get a phone number for him, and think about
who else we could ask for a phone number? Thanks. Steve

Original Message
From: Janice Kephart-Roberts
Sent: Friday, March 05, 2004 4:32 PM
To: Steve Dunne
Subject: RE: Bob Bach

The name is Robert L. Bach.

The address we have for service isl

Dates: Tuesday or Wednesday March 30 or 31st would be fine.

For service, do we need a sworn officer of the court? Could one of our FBI agents do it, John, Marco or Sarah?
(I'd nominate Walt, but he's not a sworn officer and will be away next week.)

Thanks, Janice

Original Message
From: Steve Dunne
Sent: Friday, March 05, 2004 4:15 PM
To: Dan Marcus; Janice Kephart-Roberts
Cc: Susan Ginsburg; Chris Kojm; Philip Zelikow
Subject: RE: Bob Bach

I will. Janice, I need his full name (Robert?) and a date and time you want him to show up for
an interview. You also need to think about how to serve the subpoena - do you have a place
where you (or someone on the staff) can go to serve it on him in person?

Original Message
From: Dan Marcus
Sent: Friday, March 05, 2004 3:41 PM
To: Janice Kephart-Roberts; Steve Dunne
Cc: Susan Ginsburg; Chris Kojm; Philip Zelikow
Subject: RE: Bob Bach

I agree. This is an important witness, Steve - would you work with Janice to prepare a subpoena?

3/8/2004
 Page 3 of3
I think we can ask Tom & Lee to authorize this on their own, and I think they will be willing to do
so.

Original Message
From: Janice Kephart-Roberts
Sent: Friday, March 05, 2004 11:52 AM
To: Dan Marcus; Steve Dunne
Cc: Susan Ginsburg
Subject: Bob Bach

Dan and Steve:

You may recall we sent a certified letter requesting an interview to Bob Bach dated Feb.
10. The certification was signed and dated Feb. 11, and returned to us at the end of
February. We have not been able to acquire a phone number, and Bach has not called us
to set up an interview. I think at this point we should consider a subpoena. What do you
counsel?

Janice Kephart-Roberts
National Commission on Terrorist
Attacks Upon the United States
301 7th Street, SW, Room 5125
Washington, DC 20407
Tel.: 202.401.1705
Fax: 202.358.3124

3/8/2004
uThe News Page 1 of3

POPULAR SEARCHES
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In The News
INS TO END EMPHASIS ON DEPORTING ILLEGAL
IMMIGRANTS
03/05/99 03:34:03 PM
By MICHAEL HEDGES
Scripps Howard News Service
Release date:03-06-99
Scripps Howard News Service

WASHINGTON - Finding and

deporting the 5 million illegal
immigrants in America will no longer be
a priority under a controversial new
federal immigration strategy that critics
say is a first step toward amnesty for > Ford FoimdStiUii Lackey
aliens. "Instead of focusing on
ROBERT BACH
' mw
outputs, such as the total number of IMMIGRATIOHAHD KflTURJUUATIOH StRVICE
illegal aliens removed from the j Associate e emirasslsiier for Poisnj and Planning
United States, (the Immigration and C I
Naturalization Service) will evaluate
its performance in different terms," said a copy of the new policy.

Among five enforcement goals for INS, the strategy does not include removing
illegal immigrants, except those who break the law. The new plan, written by an
INS associate commissioner for policy, is to be phased in between 1999 and 2003.
The plan drew quick fire from some in Congress.

After reviewing a copy of the strategy obtained by Scripps Howard, Rep. Lamar
Smith, R-Texas, who chairs the House subcommittee on immigration said, "The
INS, by their actions, is telling would-be illegal aliens that if you don't get
caught entering the U.S., we'll look the other way so you can stay." "Even as
INS tells Congress that deporting illegal aliens is one of their priorities, they admit
they're doing little to remove the more than 5 million illegal aliens who live in the
U.S. permanently," Smith said. Officials at INS declined requests to discuss the
new strategy on Thursday and Friday.

Under the "major shift" in emphasis, the INS will instead measure success in more
subtle ways, such as increased wages in industries that typically use illegal
immigrants, reduced local crime rates, and rises in costs put on smuggling aliens or

http://odin.prohosting.com/~lamigra/NEWS/stopdeportingIAsbach990306.html 9/16/2003
Arlington County - Property Information Page 1 of2

/9/11 Personal Privacy

Arlington County, VA
Search >Go> Home | Service* | Catendarp Maps | Jobt (Now*
START NEW SEARCH GO TO PREVIOUS RFC /ti6 TO NEXT RFC VIEW MAP

DEPARTMENT OF REAL ESTAWA$SESSMENTS

. Property Information // / 1 \ information current to sales reffo/ded (in/about 2/6/20

Neighborhood: I
Address: Zoning: i| C-O Lot Size:

Condo Unit
Condo Project: I Number:
Condo Model: Style: I High rise
Owner Name and Address: Legal Description:

BACH ROBERT L

Property Class: 611-Condo High-rise Map Book Page; | | Polygon ID:

Tax Rate: The 2003 tax rate is $0.978/5100 of assessed value.

VIEW IMPROVEMENT DETAILS

ASSESSMENT HISTORY

IMPROVEMENT TOTAL VALUE

EFFECTIVE DATE LAND VALUE VALUE
2004 01-Annual 524,300 $348,000 $372,300
2003 01-Annual 524,300 $298,000 $322,300
2002 01-Annual 517,400 $208,000 $225,400
2001 01-Annual 515,600 $174,000 $189,600
2000 01-Annual 512,200 $161,000 $173,200
1999 512,200 $175,100 5187,300
1998 $12,200 $167,600 $179,800
1997 $12,200 $162,400 5174,600

SALES HISTORY

http://www.co.arlington.va.us/REAssessments/scripts/Inquiry.asp?Action=View&lrsn=538... 2/23/2004
1-9 Enforcement -- INS Looks the Other Way on Illegal Immigrant Labor Page 1 of 4

Agricultural Personnel Management Program

University of California

3/9/00 News Report - The New York Times

I.N.S. Looks the Other Way on Illegal Immigrant Labor

by Louis Uchitelle

CHICAGO — Salvador Silva often used to worry that immigration agents would raid the commercial
laundry where he works. If they did, he had a plan. He would jump onto a table, hoist himself into an
air-conditioning duct, and hide there until the agents left. He practiced this more than once.

"We lived with the uncertainty of raids," said Mr. Silva, who is 26 and has worked illegally in this
country for 10 years, ever since he walked across a bridge from Juarez in Mexico to El Paso and flew to
Chicago to join a brother. Only now is he beginning to relax. "For the first time," he said, "I don't fear
the raids."

Such raids have all but stopped around the country over the last year. In a booming economy running
short of labor, hundreds of thousands of illegal immigrants are increasingly tolerated in the nation's
workplaces. The Immigration and Naturalization Service has made crossing the border harder than ever,
stepping up patrols and prosecuting companies that smuggle in aliens or blatantly recruit them. But once
inside the country, illegal immigrants are now largely left alone. Even when these people are discovered,
arrests for the purpose of deportation are much less frequent; such arrests dropped to about 8,600 last
year from 22,000 just two years earlier, the I.N.S. reports.

The agency now concentrates on picking up aliens who have committed a crime. The rest are in effect
allowed to help American employers fill jobs. "It is just the market at work, drawing people to jobs, and
the I.N.S. has chosen to concentrate its actions on aliens who are a danger to the community," said
Robert L. Bach, the agency's associate commissioner for policy and planning.

The new lenience helps explain why overall wage increases have been less than many economists and
policy makers had expected, given an unemployment rate of only 4 percent and a strong demand for
people to fill jobs that pay $8 an hour or less, which is 25 percent of all jobs. Immigrants — legal and
illegal - have fed the pool of people available to take these lower-paying jobs. But Alan Greenspan,
chairman of the Federal Reserve, told Congress last month that as job growth expands, the pool keeps
shrinking. That is one reason the Fed is raising interest rates to slow the economy before wage pressures
become inflationary.

Mr. Greenspan and many other economists, though, are looking only at people living in this country,
including an estimated six million illegal immigrants, as potential candidates to feed that pool. But the
more tolerant I.N.S. policy may be inducing more workers to immigrate, particularly from Mexico,
because — once they manage to get here ~ they face less risk in taking a job. That would dilute the labor
shortage ~ and the wage pressure that worries Mr. Greenspan. In fact, it may already be doing so.

"None of us really knows how big the pool of available workers is," said Tared Bernstein, a labor
economist at the Economic Policy Institute, "but the more lenient stance can only increase the number of

http ://are.berkeley. edu/APMP/pubs/i9news/noraids3 900.html 3/5/2004

It ins't an Amnesty - True, Walsh and Miller, LLP Page 1 of5

True. Walsh & Miller. LLP

a 1 1 o r n e v s a t 1 aw

New Amnesty Law (NOT)

Click for a Printable Version of this Article

About Us It Isn't An Amnesty, But...

Immigration By Stanley Mailman and Stephen Yale-Loehr*

Resources
Immigrant communities throughout the United States remain
« General Information perplexed about the immigration law enacted on December 21,
« Immigrant Visas 2000. Is it an amnesty like the 1986 legalization law that led to
• Nonimmigrant Visas permanent residence for some three million foreign nationals?
4 Foreign Medical Rumors that it is and has a cutoff date of April 30, 2001, have the
Graduates
phones ringing in hundreds of law offices and immigrant aid
• Links
centers. "There's total, mass confusion out there," according to a
Practice Areas spokesman for the Immigration and Naturalization Service (INS).
Patrick J. McDonnell, New Law, Misinformation Bewilder
Work For Us Immigrants, LA. Times, Jan. 29, 2001.
Feedback
In fact, the LIFE Act Amendments of 2000, enacted as part of the
Site Map Consolidated Appropriations Act, 2001, Pub. L. No. 106-554, 114
Stat. 2763, has several sections that facilitate permanent
Home residence for foreign persons who might otherwise be barred. But
none of them provide a true amnesty. Nor, as President Clinton
Search Our Site requested, do they ease the registry section, a provision that
makes the green card available to those who simply lived in the
United States continuously since January 1, 1972. Section §
SEARCH 1502 of the new law, however, by updating INA § 245(i), 8 U.S.C.
§ 1255(i), is great news for hundreds of thousands of people who
might otherwise be barred from permanent residence. How § 245
(i) helps them, under our Byzantine immigration laws, and how its
April 30 deadline operates, are the subjects of this article.

To begin with, INA § 245 is the chief vehicle by which persons

within the United States adjust their status to become legal
residents. Until Congress enacted § 245 in 1952, aspiring
immigrants, even those already in the United States on a
temporary visa, had to do "consular processing." Under that
procedure, still available, the immigrant applies for a visa at a
U.S. consular office abroad, which is needed to seek admission
to the United States for permanent residence (the "green card").
Immigrants who have the choice usually prefer adjustment. It
spares them the bother and the cost of travel, and permits them
to have a lawyer present at any interview or hearing, an element
of due process denied at many U.S. consulates. Moreover, a
consular denial is final; it doesn't permit the administrative and
judicial recourse available to adjustment applicants. But as a
result of an "unlawful presence" provision introduced in 1996, INA
§ 212(a)(9)(B), 8 U.S.C. § 1182(a)(9)(B), the difference for many
is no longer a matter of mere convenience or better procedure: it

http://www.twmlaw.com/resources/general54cont.htm 3/5/2004
INS Memo on Hs and Ls with Pending Adjustments, U.S. Immigration Law Offices of Ca... Page 1 of 3

RETURN TO HOMEPAGE Temp Visas Green Cards Citizenship Waiting Times Governnr
TTC<T^ _L xr-Tx- Newsletter Features Physicians Nurses Employi
U.S. Department of Justice
Immigration and Naturalization Service

HQADJ 707 2.8.6, 2.8.12, 10.18

4251 Street NW
Washington, DC 20536

AD 00-03

MEMORANDUM FOR

REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
DISTRICT DIRECTORS
OFFICERS IN CHARGE
ASYLUM DIRECTORS
PORT DIRECTORS

FROM:

ROBERT L. BACH
EXECUTIVE ASSOCIATE COMMISSIONER
OFFICE OF POLICY AND PLANNING

SUBJECT:

AFM Update: Dual Intent Follow-up Guidance: H-l and L-1; Pending Applications
for Adjustment of Status, validity of nonimmigrant status, and the elimination of the
advance parole requirement.

This memorandum on dual intent for H-l and L-1 nonimmigrants with pending applications for
adjustment of status addresses changes to the Adjudicator's Field Manual, Chapter 23 and by adding a
reference to the Inspector's Field Manual, Chapter 15.4. It is a follow up to the July 13,1999,
memorandum, subject H-l and L-1: Pending Applications for Adjustment of Status, validity of
nonimmigrant status, and the elimination of the advance parole requirement. The July 13
memorandum provided guidance for the interim rule, 64 FR 29208, which eliminates the advance parole
requirement for aliens maintaining H-l or L-1 nonimmigrant classification while their applications for
adjustment of status are pending.

I. In Chapter 23 of the Adjudicator's Field Manual, the following questions and answers are added to
the APPENDIX 23-4, entitled FREQUENTLY ASKED QUESTIONS ABOUT TRAVEL OUTSIDE THE
UNITED STATES BYANH-1 OR L-1 NONIMMIGRANT WHO HAS APPLIED FOR ADJUSTMENT
OF STATUS:

1. If an H-l or L-1 nonimmigrant has filed for adjustment of status under an employment-based
preference category that requires an offer of employment in the United States, does the interim
rule affect the applicant's responsibility to establish his/her intent to work for the petitioning

http://www.shusterman.com/245hl-300.html 3/5/2004
APPENDIX XII Page 1 of 4

Return to the USDOJ/OIG Home Page

Return to the Table of Contents

Inspection of the Secure Electronic Network

for Travelers' Rapid Inspection
Report Number 1-2000-019
June 2000

APPENDIX XII
Response to OIG's Inspection of the Secure Electronic Network
for Travelers' Rapid Inspection, A-98-35

,-s>-~: , U.S. Department of Justice

Immigration and Naturalization Service

HQOIA 110/8.2-C

Office of the Commissioner 425 / Street NW

Washington, DC 20536

MEMORANDUM FOR MARY W. DEMORY

ASSISTANT INSPECTOR GENERAL FOR INSPECTIONS
DEPARTMENT OF JUSTICE

FROM: Doris Meissner

Commissioner
Immigration and Naturalization Service

SUBJECT: Inspection of the Secure Electronic Network for Travelers'

Rapid Inspection (SENTRI). A -98-3 5

I appreciate the opportunity to comment on the subject report and solicited input from the senior
management official who is most significantly impacted —the Executive Associate Commissioner for
Policy and Planning. I reviewed his response and concur with the conclusions and observations. The
response is attached for your review.

We support the conclusions of the report and expect to be able to implement the recommendations
during the course of the Justice Performance Review laboratory period, which ends in August 2001.
However, we have concerns about your reference to SENTRI being installed along the northern
border. A more comprehensive discussion of this concern is addressed in the attached
memorandum. Also included is a description of the changes made to clarify the location of SENTRI
sites in all future correspondence and congressional testimony.

Thank you again for the opportunity to respond to the draft report. If you have any questions,
please contact Kathleen Stanley, Audit Liaison, at (202) 514-8800.

Attachment

http://www.usdoj.gov/oig/inspection/INS/00-19/app 12.htm 3/5/2004

INS Issues Policy Guidance on 245 (i) Page 1 of 6

Back to News

INS Issues Policy Guidance on 245(i)

APRIL 14,1999

Memorandum For: All Regional Directors

All District Directors

All Officers in Charge

All Service Center Directors

Asylum Directors

District Counsels

Training Facilities: Glynco, GA and Artesia, NM

From: Robert L. Bach

Executive Associate Commissioner

Office of Policy and Programs

Subject: Accepting Applications for Adjustment of Status Under Section 245(i) of

the Immigration and Nationality Act

Purpose

The purpose of this memorandum is to provide additional guidance concerning the

acceptance of applications for adjustment of status under section 245(i) of the
Immigration and Nationality Act (Act). This memorandum clarifies the Service's January
9, 1998 memorandum with respect to the final paragraph, "The effect of the January 14,
1998 sunset date on eligibility to apply for adjustment of status under section 245(i) of
the Act." This memorandum officially, adopts the "alien-based" reading of section 245(i),
provides the standard for review of pre-January 15, 1998 filings, and discusses the
evidence required for family-based petitions filed before the sunset date. Future guidance
will discuss the processing of employment-based petitions and labor certifications filed
before January 15, 1998.

The Office of Field Operations concurs with this memorandum,

Background

Section 245 of the Act allows an alien to adjust his or her status to that of a lawful
permanent resident (LPR) while in the United States if certain conditions are met. Among
these are that the alien have been inspected and admitted or paroled and not engaged in
unauthorized employment, Section 245(i) of the Act allows certain aliens to adjust status
under section 245 notwithstanding the fact that some of these conditions are not met.
From October 1, 1994 to January 14, 1998, any alien willing to pay the additional fee
specified in section 245(i) who met the other requirements of section 245 could adjust

http://www.immigrationlinks.com/news/news001 .htm 3/5/2004

Government Executive Magazine - 7/1/97 Crossing the Line Page 1 of9

m
Gov MANAGEMENT
CONCEPTS
EMPHASIZb

Daily E-mail Alerts I About Us I Feedback I Index I Search

PEOPLE

From the Magazine E-mail thi!

friend

July 1,1997

Crossing the Line

By James Kitfield

§ hrough the liquid-green prism of the night vision scope,

the figures appeared out of the darkness as ghostly white
silhouettes, surreal and other-worldly. As they stalked single
file out of a deep canyon on the southwestern border near
San Diego, it was impossible for the Border Patrol agents to
know the exact nature of the intrusion.

Certainly the figures could have been drug traffickers: As

much of 70 percent of the U.S. cocaine supply-and
increasing amounts of heroin, methamphetamines and
marijuana-now enter the country across the nearly 2,000-
mile border with Mexico. The stealthy silhouettes also could
have been bandits. Robbers and shakedown artists so
habitually prey on migrants and others in border area
badlands that they have turned some stretches into modern-
day versions of the Wild West.

The Border Patrol officers conducting the nighttime

surveillance and intercept-a tape of which was supplied to
Government Executive by the Immigration and
Naturalization Service-knew that the figures in the dark were
most likely illegal aliens being led across the border by one
of the well-established immigrant smuggling franchises that
ply the southwestern border. In an era when the immigration
issue has advanced to the forefront of the American political
agenda, the southwest border stands out as the busiest and
most porous point of entry for illegal immigrants entering
this country.

As horse-borne Border Patrol agents swooped down on the

intruders, they could not be sure whether the intercept was of
drug traffickers, bandits or migrants fleeing to the richest
nation on earth. What they did know-what everyone who has
straddled the southwestern divide comes to understand-is
that to a degree that would surprise many Americans, the

http://www.govexec.com/features/0797s5.htm 3/5/2004
 U.S. Department of Justice
Immigration and Naturalization Service

HQ 70/23.1-P
HQ 70/8-P

Office of the Executive Associate Commissioner 42 51 Street NW

Washington, DC 20536

JUN 10 1999

MEMORANDUM FOR All Regional Directors

All District Directors
All Officers in Charge
All Service Center Directors
Asylum Directors
District Counsels
Training Facilities: Glynco, GA and Artesia, NM

FROM: Robert L. Bach /s/

Executive Associate Commissioner
Office of Policy and Programs

SUBJECT: Accepting Applications for Adjustment of Status Under Section 245(i) of the
Immigration and Nationality Act.

Purpose

This document provides supplemental guidance to the April 15 memorandum on

adjustment of status under Section 245(i) of the Immigration and Nationality Act (the Act). In
particular, this memorandum addresses the adjustment of persons who have filed employment-
based immigrant petitions (I-140s) and applications for tabor certifications, for purposes of
"grandfathering" under section 245(i) of the Act.

Note that the general policy outlined in the April 14 memorandum is applicable to the
adjudication of both family and employment-based immigrant petitions. For this reason, we will
not repeat the introductory, background, and general portions of the April 14 memorandum. This
memorandum addresses issues unique to employment-based petitions and makes one set of
clarifications to the April 15 memorandum. Officers are reminded that portions of the April 14
document relating to "alien-based" reading, "approvable when filed", and the effects of
"grandfathering" remain in effect and are applicable to both family and employment-based
immigrant petitions.

Offices and service centers should note that this memorandum lifts the processing hold
on applications for adjustment of status based on an alien's representation that the employer filed
a Department of Labor Application for Alien Employment Certification, Form ETA 750, Parts
 9/11 Personal Privacy

M Complete items 1, 2, and 3. Also complete

Item 411 Restricted Delivery Is desired.
• Print your name and address on the reverse
so that we can return the cart) to you.
• Attach this card to the back of Jthe mailplece,
or on the front If space permits;
Thomas H. Kean February 10,2004
CHAIR

Lee H. Hamilton
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
VICE CHAIR
Hqbert Bach
Richard Ben-Veniste

Fred F. Fielding _..,--:::::'9/ll Personal Privacy

Jamie S. Gorelick

Slade Gorton

Bob Kerrey
Dear Mr. Bach:
John F. Lehman

Timothy J. Roemer The National Commission on Terrorist Attacks Upon the United States (better
known as the 9-11 Commission) is directed by statute to prepare a full and
James R. Thompson
complete account of the circumstances surrounding the September 11,2001
terrorist attacks, including the nation's preparedness for, and immediate response
Philip D. Zelikow to, the attacks. The Commission is also chartered to identify and evaluate lessons
EXECUTIVE DIRECTOR
learned and provide recommendations to prevent future acts of terrorism upon our
nation.

Interviews with former senior policymakers are essential to developing an

authoritative narrative of the September 11,2001 attacks. As the former INS
Executive Associate Commissioner for Policy and Planning, your perspective is
vital to the Commission's collective understanding of September 11, and we are
therefore writing to request an interview with you during the week of
February 16, 2004.

The Commission wishes to discuss a wide range of topics with you, including (but
not limited to) your description, analysis, and assessment of:

• Overall policy and planning for the INS during your tenure as Executive
Associate Commissioner;

• Development of the entry-exit system mandated by Section 110 of the 1996

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and
related automated 1-94 system;

• Development of the student tracking system mandated by Section 641 of the

Antiterrorism and Effective Death Penalty Act of 1996.

26 Federal Plaza
301 7lh Street SW, Room 5125
Suite 13-100
Washington, DC 20407
New York, NY 10278
T 202.331.4060 F 202.296.5545
T 212.264.1505 F 212.264.1595
www.9-1 lcommission.gov
Mr. Robert Bach
February 10, 2004
Page 2

• Creation and implementation of the interior enforcement strategy of 1999, and

any other relevant strategies in whose development you participated; and

• The role of the INS in counterterrorism.

You may wish to review notes and other materials you may have to refresh your
recollection of these matters prior to the interview.

We are, of course, interested in any other issues you deem important to the
Commission's understanding of the September 11 terrorist attacks specifically
and immigration issues generally, as well as your thoughts on policy
recommendations for the future. Members of the Commission may attend, but the
interview will be conducted by Commission staff. It is the general policy of the
Commission to record interviews.

Please contact Joanne Accolla at 202-401-1774 to indicate your availability for

such an interview and to relay any questions you or your staff may have. Thank
you in advance for your time and cooperation with the Commission and its staff in
this important matter.

Yours sincerely,

Philip D. ZelikU
Executive Director
 9/11 Personal Privacy

o^JI
February 6,2004

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Robert Bach

_...--••""9/11 Personal Privacy

Dear Mr. Bach:

The National Commission on Terrorist Attacks Upon the United States (better
known as the 9-11 Commission) is directed by statute to prepare a full and
complete account of the circumstances surrounding the September 11, 2001
terrorist attacks,-including the nation's preparedness for, and immediate response
to, the attacks. The Commission is also chartered to identify and evaluate lessons
learned and provide recommendations to prevent future acts of terrorism upon our
nation.

Interviews with former senior policymakers are essential to developing an

authoritative narrative of the September 11, 2001 attacks. As the former INS
Executive Associate Commissioner for Policy and Planning, your perspective is
vital to the Commission's collective understanding of September 11, and we are
therefore writing to request an interview with you during the week of
February 16, 2004.

The Commission wishes to discuss a wide range of topics with you, including (but
not limited to) your description, analysis, and assessment of:

• Overall policy and planning for the INS during your tenure as Executive
Associate Commissioner;

• Development of the entry-exit system mandated by Section 110 of the 1996

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and
related automated 1-94 system;

• Development of the student tracking system mandated by Section 641 of the

Antiterrorism and Effective Death Penalty Act of 1996.
 Page 1 of 1

Joanne Accolla

From: Joanne Accolla

Sent: Friday, February 06, 2004 2:25 PM
To: Steve Dunne
Cc: Janice Kephart-Roberts
Subject: DHS Interview Request - Robert Bach

Bob Bach was Doris Meissner's right hand on policy and planning. Janice understands from numerous interviews that this
individual is primarily responsible for student tracking getting off track, entry/exit not happening, and for a weak interior enforcement
policy. We have tried to get in touch with him in the past and have been unable to do so; we have acquired 2 addresses for this
individual and would like to send to both addresses to see if he responds to them. This is the first witness that Team 5 intends to
place under oath.

Please review the attached - thanks.

Joanne M. Accolla
Staff Assistant
National Commission on Terrorist
Attacks Upon the United States
202.401.1774
jaccolla@9-11commission.gov

2/6/2004
 Page 1 of 1
13/11 Personal Privacy
Joanne Accolla

From: Joanne Accolla / I

Sent: Tuesday, February 03, 2J004 12:25 PM
To: I I
Subject: National Commission on Terrorist Attacks. Upon the United States - Request for Interview

Dear Mr. Bach, /

We have prepared and will b£ sending to you a letter requesting an interview to discuss a wide range of topics regarding your
tenure with INS. Please confirm that this is your home address'f" ~\f you have any questions, please do not hesitate to p

Joanne M. Accolla
Staff Assistant
National Commission on Terrorist
Attacks Upon the United States
202.401.1774
jaccolla@9-11commission.gov

2/3/2004
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Thomas H. Kean
CHAIR
DHS INTERVIEW REQUEST NO. 5
Lee H. Hamilton
VICE CHAIR

Richard Ben-Veniste
The National Commission on Terrorist Attacks Upon the United States
(the "Commission") requests interviews with the following Department
Max Cleland of Homeland Security personnel during the weeks of October 13, October
Fred F. Fielding
20, or October 27, 2003. Please provide a proposed date, time, and
location for each interview no later than October 10, 2003. The
Jamie S. Gorelick anticipated length of each of these interviews is three hours.
Slade Gorton
1. Robert Bach
John Lehman
2. Gustavo de la Vina
Timothy J. Roemer 3. Gerri Ratliffe
4. Jose Perez Melindez
James R. Thompson

We anticipate that these interviews will involve the discussion of

Philip D. Zelikow
EXECUTIVE DIRECTOR classified information. The Commission reserves the right to re-
interview these individuals based on the results of the requested
interviews and the needs of the Commission.

September 30, 2003 Daniel Marcus

General Counsel

TEL (202) 331-4060

FAX (202) 296-5545
www.9-llcommission.gov
Joanne Accolla
From: sdunne@9-11commission.gov
Sent: Tuesday, September 30, 2003 11:08 AM
To: Daniel.Brown@dhs.gov
Cc: matthew.zabel@usdoj.gov; dmarcus@9-11 commission.gov; team5@9-11commission.gov;
dcampagna@9-11commission.gov
Subject: DHS interview request no. 5

DHS interview
request no 5.doc...
Dan: Attached as a Wor document is DHS interview request no. 5. Please call
Janice Kephart-Roberts at 202-401-1705 with any questions about the topics to
be covered and to arrange for these interviews. Feel free to call Dan or me as
well if any issues arise. Thanks. Steve