Currently, Alaska law enforcement agencies do not obtain data on four noncriminal categories prohibited by the Brady Handgun Violence Prevention Act of 1993 from obtaining firearms. This, the fourth of four reports on these categories, describes how undocumented immigrants who are unlawfully in the United States can be identified within an Alaska context and discusses possible procedures, problems, and solutions associated with data collection. It was found that the most feasibile means for obtaining information for the purposes of Brady background checks would be the Verification Information System (VIS) of the Immigration and Naturalization Service (INS). However, project researchers received no response from INS to inquiries about requirements of access to VIS.Bureau of Justice Statistics, United States Department of Justice.
Grant No. 96-RU-RX-K026.Introduction / Background / Definitions / INS Records Availability / Determining an Individual's Classification for Brady / Verification Process / Conclusion / Appendix A: U.S. Immigration and Naturalization Service Guide to Commonly Used Documents Used to Identify Persons Eligible for Benefits Under the Immigration and Naturalization Act / Appendix B:  U.S. Bureau of Alcohol, Tobacco and Firearms Statement of Intent to Obtain a Handgun(s

Atwell, Cassie

Barnes, Allan R.

Trostle, Lawrence C.

English

ScholarWorks@UA

Brady Statute Data:Persons who are Illegally orUnlawfully in the United StatesReport submitted to theBureau of Justice Statisticsand theAlaska Department of Public SafetybyCassie AtwellResearch AssociateLawrence C. TrostlePrincipal InvestigatorAllan R. BarnesProject DirectorAlaska Justice Statistical Analysis UnitJustice CenterUniversity of Alaska AnchorageJC 9615.04September 1998This project was supported by Grant No. 96-RU-RX-K026 awarded by the Bureau of Justice Statistics, Office of Justice Programs,U.S. Department of Justice.  Points of view in this document are those of the authors and do not necessarily represent theofficial position or policies of the U.S. Department of Justice.Brady Statute Data:Persons who are Illegally orUnlawfully in the United StatesReport submitted to theBureau of Justice Statisticsand theAlaska Department of Public SafetybyCassie AtwellResearch AssociateLawrence C. TrostlePrincipal InvestigatorAllan R. BarnesProject DirectorAlaska Justice Statistical Analysis UnitJustice CenterUniversity of Alaska AnchorageJC 9615.04September 1998ContentsIntroduction .....................................................................................................................1Background ......................................................................................................................1Definitions .......................................................................................................................2INS Records Availability ...................................................................................................3Determining an Individual’s Classification for Brady ........................................................4Verification Process..........................................................................................................4Conclusion .......................................................................................................................5Appendix A:  U.S. Immigration and Naturalization Service Guide toCommonly Used Documents Used to Idenfity Persons Eligible forBenefits Under the Immmigration and Naturalization Act ..........................................7Appendix B:  U.S. Bureau of Alcohol, Tobacco and Firearms Statementof Intent to Obtain a Handgun(s) ..............................................................................11iiBrady Statute Data: Persons who are Illegally or Unlawfully in the United States          1Brady Statute Data: Persons who are Illegallyor Unlawfully in the United StatesIntroductionThis project is a component of the National Criminal History Improvement Program (NCHIP).It is funded by the United States Department of Justice, Office of Justice Programs, Bureau ofJustice Statistics, grant number 96-RU-RX-K026.The purpose of this Advanced State Awards program (ASAP) project is to determine thefeasibility of identifying and assembling information on persons other than felons who are prohibitedfrom purchasing firearms under 18 U.S.C. 922 (g) and (n), as amended by the Violent Crime Controland Law Enforcement Act of 1994.  The information on the non-felons covered by the act would beadded to the Alaska Public Safety Information Network (APSIN) used by the Alaska Departmentof Public Safety for background checks prior to the purchase or sale of handguns.  The APSINsystem was created in the early 1980s as a computerized criminal history database for use by lawenforcement agencies across the state.Currently, state law enforcement agencies do not obtain data on three of the following fournon-criminal categories of individuals prohibited by the above federal law from obtaining guns:adjudicated mental defectives and involuntary mental commitments; individuals subject to anycourt order restraining them from threatening or committing acts of domestic violence or abuse;those who are an unlawful user of, or addicted to, any controlled substance; and aliens illegally inthe United States.This is the fourth in a series of Alaska Justice Statistical Analysis Unit reports describing howeach category can be defined within an Alaska context and discussing the possible procedures,problems and solutions associated with data collection.  At the conclusion of this project a summaryreport will be written that will synopsize the four components of the project.The first, second and third reports focused on adjudicated mental defectives and involuntarymental commitments, those subject to domestic violence restraining orders and persons who areunlawful users of or addicted to any controlled substance.  The fourth of these four non-criminalclassifications to be examined is that of aliens illegally in the United States.BackgroundIn Alaska, Brady checks are conducted by a designated (local) Chief Law Enforcement Officer(CLEO) anytime someone tries to purchase a handgun from a licensed dealer.  Currently, there are1Brady Statute Data: Persons who are Illegally or Unlawfully in the United States          2thirty-nine CLEO’s across the state, who perform background checks.  However, given Alaska’spopulation disbursement the majority of requests are handled by three departments: the AlaskaState Troopers (who perform checks for many of the outlying areas), the Fairbanks Department ofPublic Safety, and the Anchorage Police Department.  The procedures vary from agency to agencybut the records used to conduct a check are the same.  Two computerized systems are primarilyused.  The first is the state criminal history database which includes information on felony convictions,wanted fugitives, domestic violence restraining orders and domestic violence misdemeanorconvictions (because of a state constitutional provision granting a right to privacy, mental healthcommitments are not kept in the system).  The second is the national records of the National CrimeInformation Center (NCIC).  If a local law enforcement agency is completing the check, localrecords are also reviewed.Law enforcement agencies are given five days (not including holidays) to complete the recordreview and make a decision whether to approve or deny the application.  If the application is approved,the application and all internal records created are destroyed within twenty days.  If the applicationis denied, the length of retention of the records is up to each individual agency.  Some largeragencies like the Anchorage Police Department retain the applications and all correspondingpaperwork indefinitely.  Other, smaller police departments only keep the applications for a fewmonths.  If the application is denied, no reason for denial is given to the dealer.  It is up to theindividual to contact the law enforcement agency within twenty days for the specific reasons.DefinitionsIn September 1996 the Bureau of Alcohol, Tobacco and Firearms published revisions to theproposed definitions associated with the Brady Act in 61 FR 47095.  Comments on the proposedregulations were requested and in June 1997 ATF published the final definitions (62 FR 34634-02),along with the comments.  The INS stated that the original definition published for an illegal aliendid not adequately reflect the terminology used in the Immigration and Nationality Act (INA).Therefore, for the purposes of Brady, the definition of an illegal alien was changed to reflect themore precise legal terms used in the INA.  The final definition can be found in 27 CFR 178.11 andreads as follows:Alien illegally or unlawfully in the United States.  Ali ns who are unlawfully in the United Statesare not in valid immigrant, nonimmigrant or parole status.  The term includes any alien—(a) Who unlawfully entered the United States without inspection and authorization by an immigrationofficer and who has not been paroled into the United States under section 212 (d) (5) of theImmigration and Nationality Act (INA);(b) Nonimmigrant whose authorized period of stay has expired or who has violated the terms of thenonimmigrant category in which he or she was admitted;(c) Paroled under INA section 212 (d) (5) whose authorized period of parole has expired or whoseparole status has been terminated; or(d) Under an order of deportation, exclusion, or removal, or under an order to depart the UnitedStates voluntarily, whether or not he or she has left the United StatesBrady Statute Data: Persons who are Illegally or Unlawfully in the United States          3INS Records AvailabilityThe Immigration and Naturalization Service is responsible for determining the status of peopleentering the country and maintaining records on their authorized period of stay.There are three primary databases maintained by the INS: the Central Index System (CIS), theDeportable Alien Control System (DACS), and the Nonimmigrant Information System (NIIS).  Allthree systems can be accessed by the regional INS office and are used for investigations and trackingof aliens.  Additionally, the regional INS office maintains hard copy files, called “A” files, onpersons being investigated locally.  These are generally kept in the regional office records sectionbut can at any time be requested from any other INS office or the Federal Records Center inWashington, D.C.In addition to the three databases used by the INS, a fourth database was created for use bystate and federal agencies that use public monies to provide benefits such as unemployment insuranceand welfare.  This database called the “Verification Information System” (VIS) allows agencies todetermine if the applicant for public benefits is a qualified non-citizen eligible to receive them.This database contains information on approximately 50 million non-citizens in the United Statesand is updated daily.Each regional office, with authorization from the main office in Washington, D.C., has theability to allow access to the VIS system.  At this time only two state law enforcement agencies,Connecticut and Georgia, have tried to obtain a direct connection with their regional INS office.Though Connecticut was still in the process of connecting to the system, the Georgia CrimeInformation Center has been connected to the INS regional office for two years.During the course of our research, we requested the regional INS office to contact their superiorsto find out exactly what would be entailed in obtaining a direct connection to the VIS database bylaw enforcement.  The local office has done so numerous times but to date they have not receivedan answer.The INS has however allowed direct terminal access to this database by the Alaska Departmentof Revenue, Permanent Fund Division.  Every year residents of Alaska receive a dividend on earningsfrom state invested oil revenues.  In order to receive this money people are required to fill out anapplication asserting that they are in fact legal residents of Alaska.  The division in turn investigatesthe accuracy of the application that includes a check on residency status through the INS “VerificationInformation System” (VIS).  The check done by the Permanent Fund Division is not as rigorous aswhat would be required for Brady but it does show that INS records are available.The INS does not report any information on illegal alien activity to any law enforcement orcriminal history database.   The only indication in the APSIN system or the FBI database (NCIC)that a person might be an illegal alien would be a notation for an arrest by an INS or Border PatrolBrady Statute Data: Persons who are Illegally or Unlawfully in the United States          4agent.  Immigration violators are held in Anchorage pending court appearance in either the CookInlet Pretrial Facility or the 6th Avenue Jail.  Otherwise persons held for deportation are sent directlyto Seattle, Washington.Determining an Individual’s Classification for BradyDetermining whether someone applying to purchase a handgun is classified as an illegal alienis difficult for many reasons.  Knowing whether someone has entered the country legally is impossibleas the Immigration and Naturalization Service does not report alien status to the state criminalhistory database or the National Crime Information Center and the INS is not routinely contactedby the state CLEOs for information on an applicant.Further complicating the situation is that those persons entering the country illegally havebeen known to purchase fraudulent “green cards” and other official documentation in order toobtain employment or other benefits. Even though the INS has prepared a guide explaining whatthe commonly used documents look like (Appendix A), they caution that there are other lesscommonly used documents and earlier revisions of documents not included and that fraudulentdocuments are also available.Also, according to William F. McDonald (N tional Institute of Justice Journal No. 232, June1997), the majority of aliens illegally in the United States (41%) did not enter the country illegally;they instead have allowed their visas to expire.  Since they entered the country legally there is noway to determine, at the time their application is filed, if their visa is still valid unless the INS iscontacted directly.The problem stems from the application itself.  The application assumes that the purchaser,when filling out the form, will be truthful about his residency status.  The application entitled“Statement of Intent to Obtain a Handgun(s)” (Appendix B) requires that Section A of the form becompleted by the transferee (buyer).  However, the subsection that requests information on place ofbirth and alien registration number (#4) is optional.  The only requirement for identification is “thebuyer provide a valid government issued photo identification to the seller that contains the buyer’sname, date of birth, and residence.”  This could mean all that is required is for the buyer to presenta driver’s license or a state identification card, neither of which lists the residency status of theindividual.  Each is easily obtainable by a resident alien on a temporary visa or someone with afalsified alien registration card.Verification ProcessAs mentioned earlier, we have requested information on what would be entailed for lawenforcement to gain access to the INS “Verification Information System” database and have not yetBrady Statute Data: Persons who are Illegally or Unlawfully in the United States          5received an answer.  Even though this system is not as complete as it would be to check all threeinternal databases, connection to this system would be the most fiscally feasible route.  It would notrequire a change in either federal or state statutory law nor would it require the hiring of additionalpersonnel to run the system.  Furthermore, there would not be any additional costs associated withupgrading current computer hardware or buying new equipment.  The equipment in place nowwould be adequate because there are several different ways to connect to the system including 3270terminal emulation, asynchronous dial-in, Touch-tone telephone, PC file transfers and modem-equipped PCs.If direct access to this system is not obtainable, the only other means to verify whether theapplicant for a handgun is an alien is by entry into the other three databases maintained by INS.This would necessitate authorization from the INS national office and the hiring of additionalpersonnel to check the records for each applicant.This alternative process would require we look up each of the applications processed during afiscal year.  For example, during the Federal Fiscal Year 1996-97 Alaska processed 9,881applications, averaging approximately 823 applications per month.  This would mean an average of30 checks per day.  Access to the system would have to be done either at the regional INS office,requiring INS to find space for an employee to work, or additional monies would have to be spentto install a computer link to the INS system at the Alaska Department of Public Safety.  The mainCentral Index System (CIS) at INS will run slow during hours of peak usage, making the backgroundcheck slow and cumbersome.  It may also be necessary to obtain an individual’s “A” file fromanother region or get copies of birth records or other vital statistics to do a through check, makingthe time necessary to complete the background investigation longer than the 5 day maximum waitingperiod.  Therefore, the possibility of completing all 30 checks in one day is remote.This type of access would also require the state to add job duties to a current DPS employee orthe INS would have to hire an additional employee to run the background checks.  According to theregional INS office, the person would have to be hired for a full time GS-7 position making $24,734per year with a 25% cost of living allotment (COLA) of $6,183, totaling $30,917 per year in wages.ConclusionHow efficient is this use of the resources? Looking at the population estimates and actualnumber of cases handled by the INS, we would not get very much.  Alaska is a sparsely populatedstate with an estimated population of 611,300 (Alaska Population Overview, 1996-97).  Also, thetotal number of illegal aliens is unknown, but the Immigration and Naturalization Service hasestimated the undocumented alien population in Alaska to be 3,700 as of 1996 (NIJ Journal, No.232).  Moreover during that same fiscal year 1996-97, the local INS office handled only 354 casesBrady Statute Data: Persons who are Illegally or Unlawfully in the United States          6of suspected illegal aliens.   These numbers raise doubts concerning the outlay of the time, moneyand resources required to check on so few individuals prohibited from potentially purchasinghandguns.If access to the VIS database were available, the minimal expenditure would make this anattractive option.  Otherwise, hiring additional personnel and obtaining information through internalrecords and databases would be time consuming and, overall, not cost effective.Brady Statute Data: Persons who are Illegally or Unlawfully in the United States          77Appendix AU.S. Immigration and Naturalization Service Guide toCommonly Used Documents Used to Idenfity Persons Eligiblefor Benefits Under the Immmigration and Naturalization ActBrady Statute Data: Persons who are Illegally or Unlawfully in the United States          11Appendix BU.S. Bureau of Alcohol, Tobacco and FirearmsStatement of Intent to Obtain a Handgun(s)11

Brady Statute Data: Persons Who Are Illegally or Unlawfully in the United States

https://scholarworks.alaska.edu/bitstream/11122/4159/1/9615.04.immigration.pdf

Brady Statute Data: Persons Who Are Illegally or Unlawfully in the United States

Abstract

Similar works

Full text

Available Versions

ScholarWorks@UA