HOW DIPLOMATIC SECURITY CAN DO MORE TO COMBAT ILLEGAL MIGRATION

A PROPOSAL from a 20-year Diplomatic Security Service Special Agent:

Diplomatic Security can and should do much more to prevent visa overstays (aliens who remain unlawfully in the US beyond the duration of a validly issued visa) by leveraging existing resources to enforce the Trump Administration's immigration objectives.

Introduction

  • The Bureau of Diplomatic Security (DS) is the State Department’s largest bureau, and includes more than 2,000 Diplomatic Security Service Special Agents.

  • In addition to protecting over 100 American diplomatic facilities around the world, DS agents staff 30 field and resident offices throughout the US. These domestic agents investigate visa fraud, passport fraud, and human smuggling.

  • Currently, DS investigations do little to deter the growing number of aliens who remain in the US with an expired visa. These “overstays” amount to ~40% of unlawful aliens.

  • Though it lacks the authority to investigate mere overstay status without a nexus to other enumerated crimes, DS can still help combat this illegality in several ways.

Potential immediate actions

  • Improved Departmental coordination. DS and the Bureau of Consular Affairs need to closely coordinate to identify overstays engaged in visa or passport fraud. This can be done by utilizing existing investigative infrastructure like the Student and Exchange Visitor Information System and DS agents posted to consulates in Northern Mexico, domestic offices near both borders, and ports of entry with high rates of overstay transit.

  • Work with international partners to return overstays. DS and CA need to proactively approach friendly states, when proper, to identify overstays who violate host country law and then coordinate with interagency partners to return these aliens.

  • Spotlight these successes. DS and the Bureau of Global Public Affairs must highlight these new efforts to overseas audiences as part of a larger Administration effort to strongly discourage would-be migrants from coming to the United States in the first place. We need to alter the common perception abroad that overstays are rarely scrutinized by American and other authorities.

  • Elevate recognition for quality investigations. DS should increase opportunities for promotion and assignments for those engaging in productive investigative work.

Longer term actions

  • Urge DOJ to increase prosecutions of DS cases involving overstays. DOJ often declines to prosecute overstay cases. The Department should request DOJ consider the deterrence value of prosecuting fraud cases involving overstays.

  • Expand DS authorities. DS should coordinate with the Bureau of Legislative Affairs to explore statutory expansion of DS’ legal authorities to combat overstays including: administrative subpoena authority, express authority to arrest on probable cause for overstay status, enhanced criminal penalties for visa overstays who engage in criminality beyond passport and visa fraud.