The Al-Banna Story

Let me begin by telling you a story about a traveler named Ra’ed Mansour al-Banna.

Al-Banna was a passenger who was denied entry by U. S. Customs and Border Protection Officers at O’Hare Airport in July 2003, after arriving on a flight from Amsterdam’s Schipol Airport. He was a 30-year-old Jordanian national, who had a genuine Jordanian passport and a genuine and valid B1/B2 visa. He was not on anyone’s terrorist watch list.

He was interviewed by Customs and Border Protection—CBP—because he presented multiple terrorist risk factors, and after questioning by CBP Officers in secondary, we did not believe his stated purpose for entry. And for this passenger, we denied entry and detained him until the next flight back to the Netherlands the following day.

As is our protocol, al-Banna’s fingerprints and photo were taken, and the next day, he was escorted by armed CBP Officers onto the airplane.

This past year, CBP has denied entry into the U.S. of 493 such arriving passengers.

Often we don’t know for sure whether such an individual is actually a terrorist, but we now know that al-Banna was not only a terrorist, he was a suicidal jihadi terrorist seeking martyrdom.

After U.S. Customs and Border Protection denied him entry into the United States, he entered Iraq and joined the ranks of al Qaeda’s man in Iraq, al Zarqawi. Earlier this year, al-Banna drove a vehicle loaded with explosives into a Shi’ite City, about 60 miles from Baghdad, where he blew himself up, and murdered 132 innocent Iraqis. In terms of loss of life, that was the largest single terrorist attack perpetrated in Iraq since the fall of Saddam Hussein.

The identity of al-Banna may have gone unnoticed, except we have his hand. That’s all that’s left of him. He had one of his hands chained to the steering wheel of the vehicle. Evidently, even jihadi terrorists need to make sure they don’t change their minds.

What the Al-Banna Story Illustrates

This story illustrates what we are doing to keep terrorists out of the United States. But it also illustrates how, in the post 9/11 era—in this age of global terrorism—we are securing America’s borders without choking off the flow of legitimate international travel, so important to our economy.

The travel industry and Customs and Border Protection share, I submit, common goals—to make legitimate travel safer, and at the same time, more efficient—less of a hassle. And you in the travel industry can help us to achieve both these goals.

U.S. Customs and Border Protection Officers are the guardians of our nation’s borders, but we are also the first to welcome travelers when they arrive in our country.

Who We Are and What We Do

United States Customs and Border Protection is a relatively new agency - created almost 3 years ago - so I’d like to tell you a little about who we are and what we do.

Part of the Homeland Security reorganization, Customs and Border Protection (CBP) is the merger of the personnel and functions of all of the frontline border agencies of the United States—immigration, customs, and agriculture border inspectors—and the entire Border Patrol—to create one border agency. With 42,000 employees, CBP has about one-fourth of all of the personnel of the Department of Homeland Security, and a budget of $7.1 billion for this year.

CBP’s priority mission is homeland security. That means our priority mission is preventing terrorists and terrorists weapons from getting into our country.

The "Border" Defined

Let me give you an idea of the magnitude of CBP’s job.

By law, every passenger, every thing, every vehicle, every vessel, every conveyance that enters the U.S. must come through—and be cleared by CBP for all purposes—customs, immigration, agriculture protection, and importantly, anti-terrorism.

America’s "borders" include all “ports of entry,” all entry points into the United States. We have 317 official ports of entry, and that includes all our international airports, our seaports, and all of our land border ports of entry, the official crossing points at our land borders with Canada and Mexico.

But, our border is not just the ports of entry.

We also have CBP Border Patrol Agents stationed between the land ports of entry, especially along our 2,000-mile land border with Mexico, and our 4,000-mile border with Canada.

Their job is to make sure that people seeking to enter the U.S. come through our official ports of entry, which are the only portals for legally entering the United States.

The Volume

Now, let me tell you about the volume of passengers and vehicles and cargo that CBP processes at our border.

Every year, we inspect and clear for entry over 400 million travelers.

Regarding volume of commercial air passengers: I have some good news.

For the Fiscal Year that just ended on October 1, CBP cleared 86 million arriving air passengers from abroad in the U.S. This is the largest number of air passengers traveling to the U.S. in history, and this year is the first year that the number of air passengers surpassed pre-9/11 levels!

One hundred twenty (120) million passenger cars and 11 million commercial trucks arrive and are cleared through our land ports of entry each year. And, we clear over 26 million passengers and crew from seagoing vessels, mostly passengers on board cruise ships.

To add to that, nearly 10 million cargo containers arrived at our seaports last year.

From those numbers, I think you can see the enormity of our task—or the “challenge,” as we like to say in Washington.

Personnel and Authorities

In terms of CBP resources to do the job, we have over 30,000 law enforcement officers stationed at our borders—almost 20,000 CBP Officers at our ports of entry, and over 11,000 CBP Border Patrol Agents stationed between the ports of entry.

Because CBP is at the border, CBP Officers have the broadest law enforcement authority of any law enforcement agency in the U.S. We have the historic Customs authority to search every person, vehicle, car, truck, cargo shipment entering the United States without warrant, cause, or suspicion. We have the authority to detain and question anyone and everyone entering the U.S. And, we have the immigration control authority to refuse admission to the U.S.

While we have enormous authority, we can’t inspect everyone and everything, without choking off the flow of legitimate travel and trade.

Nor should we!

Our Goal: The Twin Goals

Our goal is to use our authority responsibly—using a risk-based approach to quickly welcome and clear the vast majority of legitimate travelers who pose no risk to the United States whatsoever.

But we will—and we do—use that authority to scrutinize, and when necessary, detain and prevent the entry of those who are—or may be—a threat.

Al-Banna is a perfect example of why we have to secure our borders, but we can’t do this at the expense of our open and welcoming society.

The Week of 9/11

The need to balance security and facilitation became apparent to me on the morning of 9/11, when, as you know, our borders virtually shut down.

I remember looking at the radar screen at CBP’s Air and Marine Operations Center, ordinarily populated with a multitude of dots representing aircraft in the skies over the U. S.

I watched that screen literally go dark on that morning in a matter of minutes, when the government ordered all aircraft grounded.

Hundreds of thousands of passengers were diverted to other countries. Many were diverted to Canada—and we are forever grateful to Canadians for their hospitality.

Thank you, Canada.

My first act as Commissioner was on the morning of 9/11—at about 10:05 a.m.—when I directed that U. S. Customs go to Alert Level One—the highest level security at all of our ports of entry.

By September 12th and 13th, wait times cross our borders swelled. Wait times to cross from Canada to the U.S. at our major land border crossings—shot up from 10 minutes to 12 hours almost overnight.

It was clear to me that: We had to figure out a way to secure our nation and our ports of entry, but we had to do so without choking off legitimate travel and trade.

We had to achieve what I have called the “Twin Goals”: security and facilitation.

The CBP Strategy

Last week, at the Trade Symposium in Washington, I spoke about CBP’s international cargo security strategy.

Today, I want to speak to you about CBP’s international traveler security strategy.

We have made great progress in the secure movement of goods, but we have also made great progress securing and facilitating the transnational movement of people.

We have worked to achieve the Twin Goals through a five-part strategy that:

• uses automated advance data, so that we know who is headed our way before they arrive,
• that uses intelligence to assess risk,
• uses counter-terrorism questioning, biometrics and vastly improved false and stolen documents identification capabilities through CBP’s Fraudulent Document Analysis Unit, which is linked to all our ports of entry.
• Our strategy also uses defense-in-depth programs to extend our zone of security in partnership with our private sector partners and other nations, and
• It uses benchmarking of our visa issuance and border control procedures, especially with Canada and Mexico.

It’s a strategy that uses specific and strategic intelligence to tell us which people, and goods need greater scrutiny.

It also tells us which do not. And that’s most of them.

I can assure you that CBP’s strategy has helped us meet our “twin goals” of securing our nation without shutting down our borders.

The Key Initiatives

CBP’s strategy is based on several interrelated initiatives, none of which existed before 9/11.

1. Advance Information
The first and one of the most important is advance Information

We require advance electronic information on all passengers arriving by air or sea to the United States from abroad well before they arrive.

Shortly after 9/11, as some of you know, we sought and received legislation to make the provision of advance passenger information and PNR data mandatory for all passengers flying from abroad to the United States. This law was enacted in November 2001.

We’ve looked to you and the airlines for much of that advance information—

which goes into APIS—CBP’s Advance Passenger Information System.

This year, we expanded information requirements. And, we are working with the airlines and with travel agencies to get this information even earlier in the process, so that CBP can better target and identify potential terrorists before they board airplanes originating overseas.

The more information we have on travelers, the more accurate we can be in filtering out those relatively few travelers who may pose a security risk, from the vast majority who pose no risk whatsoever.

We use API and PNR data to identify passengers who are on the Terrorist Watch List long before they arrive, and to identify, for counterterrorism questioning, passengers who present multiple terrorist risk factors and travel patterns. And, we use our authority to deny entry to potential terrorists.

2. National Targeting Center
Second, we established a National Targeting Center where we sort out potentially risky passengers before they arrive.

The NTC is linked to our Passenger Analysis Units at our ports of entry. Our targeting system is based on strategic intelligence about the terrorist threat, Terrorist Watch List information, as well as anomaly analysis.

We use our automated system to identify the relatively few individuals that warrant further scrutiny, for example, some brief but additional counterterrorism questioning beyond the 60 seconds or so at the primary inspection booth.

It just makes good sense to scrutinize those who present multiple terrorist risk factors more closely, and to expedite those who, based upon intelligence, pose no threat whatsoever.

3. Partnering with Other Countries
We also have partnered with other countries.

Canada is one of our closest partners on a number of important Smart Border initiatives to secure our shared border. And so is Mexico.

Since 9/11, CBP has been the leader within the U.S. government in devising and implementing expedited, trusted traveler programs.

And they are part of our strategy to achieve the Twin Goals.

4. Expedited Traveler Programs
NEXUS is one of our premier trusted traveler programs, and it was developed by Canada and the United States working together.

Travelers, who want expedited treatment across our border, provide us biographical and biometric data that are run through the crime and terrorist indices of both the U.S. and Canada.

If, after a personal interview with a CBP Officer, we conclude that they are no risk for terrorism or smuggling or illegal immigration, they are enrolled into the NEXUS program and are issued a NEXUS card.

There are more than 80,000 U.S. and Canadian citizens already who have been vetted and enrolled in NEXUS, and they account for over 2 million expedited border crossings a year. NEXUS travelers are issued a proximity card so that they can whiz through the ports of entry.

With Canada, we have expanded the NEXUS program to low risk air passengers—NEXUS AIR. Under NEXUS AIR, vetted and enrolled passengers, using “a biometric identifier,” by-pass immigration and customs inspection!

Think of that.

With Canada’s border agency, CBSA, we piloted NEXUS AIR at Vancouver Airport last year, and in partnership with CBSA, we are expanding it to all airports that fly passengers between the U.S. and Canada.

Some day soon, I hope we will be able to do this at U.S. international airports, so American citizens, and perhaps citizens of other countries, can be enrolled in a trusted passenger program, and with a biometric identifier—perhaps a fast scan of the two index fingertips—breeze through U.S. immigration and customs, which is to say, CBP, upon arrival in the U.S.

Think of that convenience.

Think of how it helps achieve those Twin Goals.

It not only reduces the hassle factor, but CBP Officers will be able to spend more time with unknown passengers, and especially with those who may pose a potential threat.

We already have equipment in place at JFK to start this U.S. trusted passenger program, and we will start this program once we have final policy approval from the Department of Homeland Security to go forward.

This is not unlike the old INS PASS program, but it is better than INS PASS. It is INS PASS with anti-terrorism security built in, and a better biometric identifier, and it by-passes entry control for all purposes—immigration and customs.

I believe that expedited, trusted travelers programs are the way of the future. And those program will use biometrics, centralized vetting, personal interviews with the applicants, easily accessible local enrollment centers, and one universal data base that allows a one time enrollment and one time fee to participate in all expedited traveler programs.

So, for example, someone enrolled in NEXUS land is also enrolled in NEXUS AIR and So on. Enrollment in a US PASS-type program for international travel should qualify a person for TSA’s Registered Traveler Program, when it puts its program into place. This day will come, and I believe it will come soon.

5. US VISIT
CBP is not the INS. It no longer exists. As the one border agency, CBP has and is reinventing how we do business at our ports of entry. And this includes smarter uses of biometrics as part of our strategy to achieve the Twin Goals.

Nearly two years ago, we implemented US VISIT at all our international airports, and it applies to all foreign citizens arriving at U. S. airports.

As most of you know, under the US VISIT program, CBP Officers at primary, take a finger scan of a passenger’s two index fingers. We also snap a digital photo. It’s fast. It’s clean. And it adds to security.

For the first time, CBP is able to biometrically verify that the person presenting the visa is, in fact, the person who was vetted and issued it by a U. S. Consulate overseas.

We also run the prints through a major wants and warrants database and through a terrorist prints data base, as well.

But US VISIT also allows us to process travelers into the U.S. faster, while adding to security.

Some thought US VISIT would slow down the clearance process.

It hasn’t. It only takes 10 seconds. Nor is it intrusive. It is so quick and clean that almost no legitimate foreign travelers have raised concerns or complained.

6. Immigration Advisory Program
To extend the zone of security beyond our borders, we’ve reached out to partner with other countries through what we call the Immigration Advisory Program, or IAP.

Under IAP, we use intelligence and advance targeting to identify potential terrorist threats, and we partner with foreign governments and air passenger carriers to identify those high-risk travelers at foreign airports, before they board aircraft bound for the United States.

This added layer of security provides CBP with the means and opportunity to respond to suspected overseas threats before they get on your planes and before they arrive at our door. And this lessens, indeed, eliminates the need for airlines to reroute, cancel or divert flights.

Right now, this program is operational at Schipol Airport in the Netherlands and in Fredrick Chopin Airport in Warsaw, Poland. We expect to expand the Immigration Advisory Program to several other countries this year.

Let me mention a couple of other initiatives.

7. Professionalism Initiative
One is CBP’s professionalism initiative.

America is a welcoming country. It always has been and always will be.

CBP prides itself on its professionalism in its interactions with the traveling public. Our aim is, at all times, to be the most professional border authority in the world. And for CBP, professionalism means treating all arriving passengers with courtesy. And it means displaying a welcoming spirit.

Shortly after CBP was created, we launched a professionalism initiative to ensure that CBP Officers maintain the highest standards of courtesy and professionalism.

We implemented a Pledge to Travelers that is prominently displayed at all our ports of entry, and we increased discretion at our ports of entry to admit or parole into the U.S. foreign travelers who pose no threat: no threat for terrorism, criminality or to over stay their visa and their welcome.

8. Visa Waiver Program-Biometric Passports
Machine-readable passports for all Visa Waiver countries are now a reality. And they have helped immensely to process travelers more quickly while improving security.

As you know, beginning 10 days ago, on October 26, the U.S. Visa Waiver Program now requires machine-readable passports with a digital photo integrated into them.

The good news is: Nearly all countries participating in the program already comply fully with this requirement. But, at least 2 of the 27 Visa Waiver countries are not fully compliant—have some passports without digitized photos.

This is of concern to many of you, especially our colleagues from the airlines, because carriers are subject to fines if they carry Visa Waiver passengers whose passports are not up to snuff, that don’t have an imbedded digital photo.

We understand your concerns, but we need everyone to understand that improving passports improves security, especially in the Visa Waiver Program, and we must be serious about enforcing this requirement.

Unfortunately, al Qaeda is recruiting terrorists who are citizens of Visa Waiver countries, as the terrorist attacks in London and Madrid made clear. And they are not above using fraudulent or altered passports.

The fact is: it is virtually impossible to use a photo-substituted passport with the new passports with digital photos embedded into them.

I think you can see the security and the facilitation benefits.

9. Carrier Liaison Program
We are also reinstituting a Carrier Liaison Program, through which we will work with the travel industry on training personnel to recognize fraudulent documents and passports.

This benefits both CBP and the travel industry.

10. Western Hemisphere Travel Initiative
I know that many of you are concerned about implementation of the Western Hemisphere Travel Initiative, and I want you to know, CBP hears you.

As you know, the comment period for this initiative ended on October 31. We are analyzing the over 600 comments we received from the travel industry, including ASTA.

And, I can assure you that we will take those comments into consideration in determining how to move forward on document requirements, and the time frame for implementing those requirements.

We want to work with you to make changes that make sense and do not negatively impact on either security or travel.

We need to seriously consider what alternative document or documents, other than a passport, could be used for travel, particularly across our land borders, and for cruise ship travel.

And we need to chart a course soon.

Before 9/11, and even now, individuals can present any number of documents, including drivers licenses and identity documents from 50 states and from Canada and Mexico—and birth certificates from 8,000 jurisdictions. This is not acceptable.

As you can imagine, it is difficult for CBP Officers to assess the validity of such a huge variety of documents in the brief time available for primary inspections in most locations. And it frequently requires extended secondary questioning for travelers using such largely unreliable identity documents.

We hope to work toward a time when all travelers will present secure, verifiable documents from a small list that is easily authenticated.

This initiative though will not only improve security, it will also expedite the movement of travelers across our borders.

There I go again: The Twin Goals.

Conclusion

Both the travel industry and Customs and Border Protection need to work together to identify the relatively few al-Bannas and Ahmad Ressams of the world, BEFORE they get on your airplanes or your cruise ships, or move across our land borders.

We have the same goals—to keep the U.S. open for business and for tourism—but also to keep her safe.

Together, using the initiatives I’ve described, we can both secure our nation—without stifling the flow of legitimate travelers and tourists.

The truth is that advance passenger information, targeting for terrorist risks, using biometrics, partnering with other countries, and partnering with the private sector can help protect our country, as well as international travel and tourism.

And the truth is that the best ways to prevent further terrorist attacks in the United States is to prevent the terrorists from getting into the country in the first place.

CBP wants to work with you, and I’m here today to ask for your partnership in our efforts to both secure our country—and facilitate travel.

We need to find new ways to share information and new ways to educate ourselves—and the traveling public.

I know the travel industry—more than any other private industry in the world—suffered the most from the terrorist attacks of 9/11.

You have endured huge financial losses. Many of you have undergone huge changes to your businesses.

And, it seems as though the Government continually asks you to do more.

But the simple truth is: we need sufficient security built into the travel continuum to prevent the human tragedy of terrorism, and to prevent the losses to the travel industry that are likely to follow from a terrorist attack that exploits the international means of travel.

*Commissioner Bonner reserves the right to edit his written remarks during his oral presentation and to speak extemporaneously. His actual remarks, as given, therefore, may vary somewhat from the written text.