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CBP released migrant on terrorist watchlist, watchdog finds

  • A migrant on a terror watchlist was apprehended and released
  • DHS watchdog faults problems with communication protocols
  • DHS: Report is "misleading,” inaccurate about arrest timeline and process

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(NewsNation) — A migrant on a terrorist watchlist was released by customs officials, traveled across the country and was living in the United States for more than two weeks before being arrested, according to an agency watchdog.

The report from the Homeland Security Office of Inspector General identified multiple mistakes that allowed the release to happen, including “ineffective practices and processes” within Customs and Border Protection.

The migrant, whose identity and gender were not disclosed in the report, was initially arrested April 17, 2022, in Yuma Arizona, and screened for national security threats. It was an inconclusive match within the FBI’s Terrorist Screening Data Set, or TSC, and the migrant was released two days later.

On April 21, 2022, the migrant and their family members tried to take a flight from Palm Springs, California, to Tampa, Florida. During pre-flight screening, the TSC received additional information from the Transportation Security Administration that confirmed the migrant was a positive match for someone on the terrorist watchlist.

The migrant was arrested May 6, 2022, in Florida.

A DHS spokesperson told NewsNation Thursday that the report was “misleading.”

“This OIG report sensationalizes and mischaracterizes a complex case, in which CBP and ICE personnel took appropriate steps to ensure there was no threat to the public. Noncitizens encountered by CBP are thoroughly screened and vetted, and any individual determined to pose a threat to national security or public safety is detained,” the DHS spokesperson said.

A DHS official told NewsNation that at the time of release, CBP wasn’t notified that the individual in question has been confirmed as a match with the TSDS. However, after the individual’s status was confirmed, DHS worked with federal and local law enforcement partners and took appropriate action.

However, the DHS official said in this particular case, TSC informed CBP that they could not determine whether the individual was a confirmed match with the TSDS using biometric and biographic information.

“To ensure the individual’s location was continuously known and monitored, ICE placed the individual on Alternatives to Detention (ATD), including an ankle monitor in this case,” the official said.

The OIG report faulted CBP for making multiple mistakes after the initial arrest screening.

“For example, CBP sent a request to interview the migrant to the wrong email address, obtained information requested by the TSC but never shared it, and released the migrant before fully coordinating with the TSC,” the report states.

Border Patrol agents who failed to respond to emails requesting more information told the inspector general they were busy handling an increased flow of migrants. They also said they were under pressure to quickly process migrants, decreasing the time available to review each file.

Once the migrant was confirmed as being on the terror watchlist, Immigration and Customs Enforcement “faced multiple challenges” in arresting them. The OIG report cited a delay in documentation transfers between CBP and ICE offices and difficulty obtaining GPS data.

For example, it took eight days for ICE officers in Florida to receive a file on the migrant that was being shipped in the mail. On the day of the arrest, officers were not able to get GPS data immediately from a Tampa field office because their operation began before the normal working hours for the field office.

However, the DHS official said the OIG report “inaccurately characterizes” the arrest timeline and process. Here’s the timeline the officials confirmed to NewsNation:

  • Once notified of the confirmed TSDS match, ICE followed appropriate procedures to apprehend the individual.  
  • These steps included critical information gathering and planning to mitigate risks during arrests. 
  • Throughout this period, the individual’s location was continuously monitored through their ATD device, and they were placed under surveillance by local ICE Enforcement and Removal Operations personnel. 

The inspector general recommended CBP establish better processes for resolving inclusive terror watchlist matches, including updating email distribution lists. Recommendations for ICE include ensuring officers have immediate access to GPS data.

The TSC is operated by the FBI. It manages various watchlist records, each unique in nature. DHS works with TSC to identify information for making determinations on potential matches.

However, there are instances where TSC is unable to establish a match despite this coordination. In such cases, DHS works with the FBI to determine the next course of action, which may involve ATD.

The TSC maintains the TSDS commonly known as the “terrorist watchlist.”

Immigration

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