t5 b46 footnote materials 3 of 3 fdr- 3-26-04 mfr- customs inspector- 1-18-01 marwan hi primary 139

8/14/2019 T5 B46 Footnote Materials 3 of 3 Fdr- 3-26-04 MFR- Customs Inspector- 1-18-01 Marwan hi Primary 139

1/5

9/11 Working-lev el Employee

MEMORANDUM FO R THE RECORD

EVENT: Interview of Inspector! I Primary Inspector re Marwan alShehhi, JFKInternational Airport d^ Ho^S \DATE: March 26 , 2004Special Access Issues: No nePrepared by: Janice Kephart-Roberts, Joanne M. A ccollaTeam Number: 5Location: U.S. Customs an d Border Protection, Ronald Reagan Building,14 th & Pennsylvania Ave. N W , Washington, DCParticipants: Non-Commission: | ] Custom s Inspector,JFKInternational Airport; Alex Damen, Customs & Border Protection Co unsel's OfficeParticipants: Commission - Janice Kephart-Roberts, counselJoanne M. Accolla, Staff Assistant

Background:Interviewed by 2 officers from DOJ IG , called me in Tover thephone); told them to come in person toverify identity; M arch 22, 2002 - not FBI, DHS,CBP, White House. /Had own business - bar ender andowner of bar for 27 years; June 30, 1991 started atJFK as inspector, grade 5, full time. Attended FLJTC in April 1992 through August1992. Returned to JFK. Worked primary line primarily certainly year before FLETC.After FLET C, doing post academy classes w hile at JFK - more training. M ore in depthcase work, continuing education; also maritime training. Started doing secondaryoccasionally - in and out. Youhelped along when asked. At JFK until October 1997.Transferred toMiami Intl. as GS11. Stayed there for 2 years - came back to JFK in1999. Primary and ma ritime back at JFK (Lookouts). Entered NA ILS and DAX(deportable alien cases) cases into looko ut system - sent over by the FBI - did this beforeand after Miam i. Physically entered information in system. Did get lookouts fo r terrorist- especially after bombing (maybe first WTC/93). Did this in west wing of maritimeoffice - nowin terminal one - they doinspection of passengers and ships - cruise ships,cargo ships. Whenever there wa sn't a flight/in the room, she did data entries. M aybefour other inspectors as well. Thought NAILS system was helpful.

9/11 Personal Privacy


2/5

FLETCDon't recall getting training in counterterrorism; did get training in document fraud, repfrom FD L came; can't recall training in databases; did have mock primary inspections;language training in Spanish; don't recall cultural training but did have behavioraltraining. Look for | I Firearms training. Did notcarry firearms unless boarding cargo ships. Never in primary.SOP Primary InspectionsPre 9/11, USCs just conversation about where you were, etc. Non USCs, wanted to knowif we could communicate, where you are going, how long will you be here, (samequestions on 1-94). Review docum ents by swiping visa (swipe passport o nly if mach inereadable). On the VWP, you can swipe. Used I Iwhen available. Databaseswere done in secondary. TE XT check done. When she first started, if system was down,yo u wou ld check the SLOB book. Enter manual passport num ber if machines notworking.Standard length of stay forBis - recall itbeing one month; than when at Miami, it was 3months. When she returned to JFK it was 3 months. She had stamp with inspectornumber. Level of discretions with Bis, when she gave 1 month. If they said training wasgoing to take 6 weeks, if it looked legitimate, sh e would give them 3 months. If theyasked for 4 months, sh e would refer to secondary because no t enough time on primary todiscuss in depth.B2s - 6 months. Discretion to lessen or increase wou ld be done w ith advice ofsupervisor.Vocational students - Ml - length of time plus 30days not to exceed a year; Jl durationof stay; Fl same.Processing time at JFK - 45 seconds toprocess people. No repercussions if you did notmeet that time.Policy re referrals to secondary: noDocumentsfraud-I || f - tended to look at the latest stamps. Travelstamps from other countries were looked at - like Libyan, Sudan , and China. Reallydon't like thecaches. Weused tohave a really book to check at JFK - all Arabic caches- a blue covered book. Terry Bramsky had something to dowith thebook - seniorsupervisor at JFK. This was abo ut 8-10 years ago and kind of disappeared. Had somecertain concerns about some caches. | |Continued training on how to do removal case, adverse action cases.


3/5

Treatment of Saudis an d EmiratesPre 9/11 didn't know why there were so many A2s. Why do they come here and go toour air force bases? And even with NSEERS they still get A2s. Didn't see them treateddifferently. W e usually do Saudi flight at Delta term inal. Didn't think there were Arabicspeakers at JFK to her knowledge - tried to get help with airline, which is an unfortunatething.Targeting/ProfilingUnusual characteristics - length of time, number of times here, passport; didn't careabout amount of money (wou ldn't count it on primary). Any doubt - go to secondary.

Al ShehhiRemem bers inspection - because he didn't want to go into secondary. I was on a 6 a.m.to 2 p.m. shift in terminal one. Held fo r overtime. Line of flights coming in at the sametime; Royal Emeriti, Lufthansa, Air France, Alitalia, etc. "The whole room was full. Ithink there were refugees there as well. O nly hard secondary at JFK unless Miam i thatha s soft and hard secondary. He comes to my line by himself to my know ledge. Lookedat him and felt something bad - didn't like his looks, don't know why. Saw stamp that hego t someplace else - he hadgone home or entered another country - said you jus t lefthere - he spoke English well enough. I have business he said. You just left I said -1knew he washere for - he said he had an extension -1said I don ' t care - if you hadextension why are you coming back in a week's time. I typed in computer w hat I felt an dreferred him and he didn' t want to leave booth. Wha t is your problem I said - he said"no" - I had to get out of the booth and take him because I thought he wou ld bolt. Sathim on the side. I told someone in secondary unit that he didn 't want to come here andhe might try to get out of here. He made me remember him - if he was smart hewouldn 't have done that."From report: "Subject left on e week ag o after entry in May has extension and nowreturning for a few more months."JK R - he hadpaperwork with him.

j I- he wanted me to look at it but I didn't have time-to o busy. M y concern he wasillegally livin g an d working here.Thought he had an extension of stay not a status adjustment - would have sent him tosecondary any way.JKR - If he had told you he was doing some flight training, would that have been alegitimate B1 activity?

9/11 Working-level Employee


4/5

I |- I don't care. I'm angry again just talking about this.JK R - normally in adjudication if he is here to do flight training, does he have correctvisa?

I _ |- Iwould have through he should have had anFl or M.JKR concern that he was alone?

I_ |-no. Customs declaration?JK R - no destroyed.

1 I Did not check if he had return ticket. Only if they are on visa waiver program, Icheck. M y inspector number was at the time ???? I didn 't stamp a nything because 1didn't admit him.JK R - did he say how long he wanted to stay?

I |- no don't recallJKR from you perspective, in primary, what were options for secondary inspector to dowith this guy?

I _ |- I thought he could be7A.JK R - wou ld that have been enough forremoval?

JK R - what if you knew he had pending 1539 application to change status to Ml but leftcountry w hile it was pending?|_|- it's voided.JK R - if youknew he overstayed visa for6 weeks

I _ |- definitely a 7A if you overstayed - if there is a reason for something youcould do\. If you were ill, there are exceptions.. JKR - did you give him 4 months on business was right?I |-don't want to answer that.JK R - if you knew he was student and had 120 but wrong visa, would you have could youdefer?


5/5

, 9/11 Workin g-leve l Employee

I kvesJK R - remove someone with wrong visa

I \- no - could have given them 30 days to apply fo r another visa from State Dept.JK R - reads DOJ IG notes; "If visa was not correc t . . . .visa not correct, trying to beatsystem . . . .living in US.. . .1 Iwould have recommend ed deportation."

I |-I would have given him a 7A - would have cancelled visa.Sees a lot of Fls .JK R - do youneed supervisory approval for deferred inspections?| [- sure -we don't do oo many of those anymore.

D H SI like theUSVISIT but want it to include the Visa Waiver countries - especially since AlShehhi came from Germany.

\ . - do you recognize these stamps?I |-no "I did not admit this person."Uses the Nation al Targeting Center. Is familiar with SEVIS.

; JKR- have you ever seen Data-share - visa photos -- good stuff.

Message to BonnerUSV ISIT on VW countries.