WASHINGTON – Senator Chuck Grassley sought additional information and documents related to a student visa granted to an Egyptian national despite a previous arrest on his record. Since Grassley’s initial request, the defendant has pled guilty to providing material support to terrorism.
Grassley originally requested information from the State Department in September. Since his first letter, Grassley has learned that the Departments of State and Homeland Security have established less than 5 percent of the mandated Visa Security Units in visa issuing posts. These units were established in the Homeland Security Act to ensure that security checks on visa applicants were conducted in a more thorough and effective manner.
Grassley expressed concern that the Visa Security Unit in Cairo had not yet been established when the student visa was issued to Ahmed Abdellatif Sherif Mohamed.
Here is a copy of Grassley’s most recent letter to Secretary of State Condoleezza Rice and Secretary of Homeland Security Michael Chertoff, followed by Grassley’s original requests.
Via Electronic Transmission
The Honorable Condoleezza Rice
Secretary of State
United States Department of State
2201 C Street N.W.
Washington, DC 20520
The Honorable Michael Chertoff
Secretary
Department of Homeland Security
3801 Nebraska Avenue, N.W.
Washington, DC 20528
Dear Secretaries Rice and Chertoff:
Last fall, I wrote to each of you to inquire about the circumstances under which Mr. Ahmed Abdellatif Sherif Mohamed and Mr. Youssef Samir Megahed entered the United States before being charged by federal authorities with terrorism-related offenses. I learned that Mr. Mohamed was granted a student visa despite having declared on his application that he had previously been arrested in Egypt. His application contained no further explanation of his previous arrest. Shockingly, it appears that the Departments of State or Homeland Security personnel did not inquire into the circumstances of his arrest before approving his student visa. These events raise serious concerns about the adequacy of the improvements made to our visa screening procedures in light of the 9/11 attacks.
My concerns are magnified by your Departments’ lack of progress toward implementing post-9/11 reforms mandated by Congress. The Homeland Security Act requires a shared responsibility between the Departments of State and Homeland Security over visa issuance, and it required DHS to establish Visa Security Units (VSUs) in visa issuing posts to ensure that security checks on visa applicants were conducted in a more thorough and effective manner. However, my understanding is that only 10 such VSUs have been established, constituting less than five percent of the 220 issuing posts. Moreover, in this particular case, Mr. Mohammed’s visa application was processed in Cairo at a time when there was no VSU established there. If a VSU had been in place as Congress mandated, it seems likely that his application would have received the increased scrutiny it clearly deserved.
Unfortunately, I have still not received the information I requested in my initial letters. Among the reasons given to explain why I haven’t been provided the information I requested was that there was still a criminal proceeding pending against Mr. Mohamed. Contrary to the claims of a consistent policy against it, in fact, the Executive Branch often provides Congress with information related to pending criminal proceedings. Nevertheless, that issue should no longer be a barrier in this case. Since my original letter, Mr. Mohamed has pled guilty to providing material support to terrorism. Therefore, I renew my previous requests of September 17, 2007, and also ask that you provide the following additional information by no later than August 4, 2008:
1. Mr. Mohammed’s visa was approved in Cairo prior to the establishment of a VSU there, years after Congress had mandated VSUs.
a. Why have so few VSUs been established thus far?
b. The law requires a VSU in all posts except those where the DHS Secretary finds that establishing a VSU is not feasible. Has the DHS Secretary determined that any particular post is unfeasible? If so when, which post(s), and why?
c. There was no VSU in place in Cairo at the time Mr. Mohamed received his visa. If there had been, it is my understanding that his application would likely have received additional scrutiny. Why was there no VSU established in Cairo at the time of Mr. Mohammed’s application?
d. What steps were taken to inquire into the circumstances of the arrest which Mohammed declared on his visa application?
e. Why does the visa application form require the applicant to indicate whether s/he has been arrested, but does not require an explanation of the circumstances of arrest disclosed?
f. When do your Departments intend to fully implement the VSU program in all issuing posts?
g. I understand that certain ambassadors in high-risk issuing posts have resisted the implementation of VSUs. What steps have been taken to ensure that ambassadors comply with the law by cooperating with DHS to establish VSUs?
2. Mr. Mohamed’s student visa was approved despite the disclosure of an arrest, and he has since admitted to engaging in material support of terrorism.
a. Why was Mohammed’s application approved?
b. My office has received information that the consular officer who approved Mr. Mohammed’s visa, and/or the consular officer’s spouse, may have been under investigation for inappropriately approving unqualified applicants for entry into the United States. Has the Diplomatic Security Service (DSS) or any other agency conducted any such investigation of the consular officer or the officer’s spouse? If so, when did the inquiry occur, what were the results, and what, if any, disciplinary actions were recommended and/or undertaken?
c. What steps have been taken to learn from this failure to properly screen visa applicants in order to ensure that it does not occur again?
If you have any questions about this request, please contact my staff at (202) 224-4515. Thank you for your prompt attention to these important matters.
Sincerely,
For Immediate Release
Monday, October 29, 2007
Grassley Seeks Documents in Arrest of Students Found with Explosive Devices
WASHINGTON – Senator Chuck Grassley today, citing the oversight responsibility of Congress, has asked Secretary of State Condoleezza Rice for documents regarding Ahmed Abdellatif Sherif Mohamed and Youssef Samir Megahed, two Egyptian University of South Florida students indicted on terrorism charges.
The charges originated from an August 4, 2007 traffic stop by a South Carolina law enforcement officer, during which explosive devices and possible bomb making materials were discovered.
Following media reports that one of the men was arrested in Egypt prior to obtaining a student visa, Grassley expressed concern about screening procedures for student visa applicants, and launched an inquiry to determine why the Egyptian was admitted to the United States. The State Department refused to provide the requested documents.
Here is a copy of today’s letter followed by Grassley’s original letter to Rice.
October 29, 2007
Via Facsimile: (202) 647-9667
The Honorable Condoleezza Rice
Secretary of State
United States Department of State
2201 C Street N.W.
Washington, D.C. 20520
Dear Secretary Rice:
On September 17, I wrote to you seeking information on how Ahmed Abdellatif Sherif Mohamed and Youssef Samir Megahed were admitted to the United States. As you know, they have been indicted on federal terrorism and explosive charges, and some media reports have indicated that Mr. Mohamed may have been arrested in Egypt before obtaining a student visa. Given that lapses in our student visa system allowed the 9/11 hijackers easy access to the United States while planning the attacks, fewer issues are of greater concern than ensuring that we thoroughly screen student visa applicants.
Therefore, my letter asked for a copy of Mr. Mohamed’s visa application, among other things. However, I have not received a response to my letter even though it was sent over a month ago. Your staff has indicated that you will not provide the information and documents I requested, citing various reasons including 8 U.S.C. 1202(f), a statutory provision which makes records relating to the issuance or refusal of visas. However, in applying Congress's broad investigatory power to obtain access to documents containing confidential information, federal courts have expressly held that executive agencies may not deny Congress access to such documents whose disclosure to the public is otherwise statutorily barred.[1] In other words, Congress generally does not limit its own access to information unless it does so explicitly. Thus, statutes which merely contain general protection for records from “disclosure” are inapplicable to Congress.
Accordingly, please provide the requested documents and information as soon as possible. Should there be any questions regarding this matter, your staff may contact Investigative Counsel at (202) 224-4515.
________________________________
[1] See e.g., F.T.C. v. Owens-Corning Fiberglass Corp., 626 F.2d 966, 970 (D..C. Cir. 1980); Exxon COT. v. F.T.C., 589 F.2d 582, 585-86 (D.C. Cir. 1978), cert denied 441 U.S. 943 (1979); Ashland Oil Co,, Inc. v. F.T.C., 548 F.2d 977, 979 (D.C. Cir. 1976).
September 17, 2007
The Honorable Condoleezza Rice
Secretary of State
United States Department of State
2201 C Street N.W.
Washington, D.C. 20520
Dear Secretary Rice:
As the Senior Senator from Iowa, Ranking Member on the United States Senate Committee on Finance (Committee), and a senior member of the Committee on the Judiciary it is my constitutional duty to conduct oversight into the actions of the Executive Branch, including the activities of the Department of State.
As reported in several media articles, Mr. Ahmed Abdellatif Sherif Mohamed and Mr. Youssef Samir Megahed were engineering students at the University of South Florida (USF). These two men are believed to be citizens and nationals of Egypt, and were recently indicted on federal terrorism and explosive charges. The charges originated from an August 4, 2007 traffic stop by a South Carolina law enforcement officer, during which explosive devices and possible bomb making materials were discovered. The traffic stop took place about seven miles from the Goose Creek Naval Weapons Station, which houses a military prison for enemy combatants. The articles further stated that Mr. Megahed’s immigration status is that of a United States lawful permanent resident (LPR). They go on to state that Mr. Mohamed applied for and received a U.S. Department of State F-1 nonimmigrant student visa to attend classes at USF. Moreover, Mr. Mohamed was reportedly arrested on terrorism related charges in Egypt before entering the United States.
Additionally, the articles also cite that federal and state law enforcement officers executed a federal search warrant at 12402 Pampas Place, Temple Terrace, Florida, an address linked to Messrs. Mohamed and Megahed. The list of the items seized included Xylo Xylene, odorless mineral spirits and PVC pipe, materials which could be used in the production of an improvised explosive devise (IED) or in the production of illegal substances, such as methamphetamine. It is my further understanding that the Temple Terrace residence is linked to Ramadan Abdallah Mohamed Shallah, an FBI Most Wanted terrorist that is associated with the Palestinian Islamic Jihad, a designated terrorist organization. Also, the address is linked to Tarik Hamdi, who was an al-Qaeda operative and is currently wanted by Immigration and Customs Enforcement (ICE).
Given this information, I am deeply concerned about the implications this case may have for our national security and the effectiveness of our screening procedures for immigrants and nonimmigrants entering this country. It is essential that Congress understand why these individuals were not excluded from admission into the United States.
Therefore, please respond to the following questions and document requests related to Messrs. Mohamed and Megahed:
- Please provide complete copies of their passports and visa applications (forms DS-156 and DS-157), including notes, memoranda and any other information available about them.
- Is it true, as has been reported in the press, that Mr. Mohamed was previously arrested on terrorism-related charges in Egypt? If so, please explain how he was allowed to enter the United States despite the existence of such information.
- Do any databases that are accessible to the State Department contain information related to Messrs. Mohamed and Megahed? If so, please provide copies of any and all such records.
- Please provide any other State Department records that contain information related to either of these individuals.
I would appreciate your prompt reply to this request but in no event later than September 24, 2007.
