Support for Full and Complete Access to States'

Criminal History Record Information for National Security Purposes

Submitted by: Criminal Justice Information System Committee

CJIS.24.t16

Passed: November 2016

WHEREAS, the Secretary of Homeland Security is responsible to prevent terrorist attacks within the United States, to reduce vulnerability of the United States to terrorism, and to generally safeguard the safety and well-being of the People of the United States;

WHEREAS, over three million foreign nationals apply annually to the U.S. Citizenship and Immigration Services (USCIS) for valuable immigration benefits such as asylum, travel authorization, lawful permanent residency, and, most significantly, to become citizens of the United States of America;

WHEREAS, millions of individuals apply with the Transportation Security Administration (TSA) Credentialing Section for vetting required for transportation security-related authorizations, including transportation workers seeking access to sensitive areas of airports and seaports, truck drivers seeking to haul hazardous materials on the nation's highways, and travelers applying for Pre ? ® expedited screening;

WHEREAS, various organizations including but not limited to volunteer, state, local and tribal partners apply to the Federal Emergency Management Agency (FEMA) to perform the duties of First Responders, Emergency Management, Consequence Management or providing aid to disaster survivors;

WHEREAS, all of these individuals voluntarily consent in writing to disclosure of their Criminal History Record Information in applying for immigration benefits, including to become citizens of the United States, access to sensitive sites and other transportation security-related authorizations, Pre ?® membership, or to perform the duties of First Responders;

WHEREAS, existing state laws may prevent the USCIS, TSA, and FEMA from receiving full and complete Criminal History Record Information contained in criminal record repositories of the States;

WHEREAS, the inability of USCIS, TSA, and FEMA to obtain full and complete access to these states' Criminal History Record Information may result in individuals with otherwise disqualifying criminal histories obtaining immigration benefits, including U.S. citizenship, gaining access to sensitive areas of airports and seaports and other transportation security-related authorizations, Pre ?® membership, or performing the duties of First Responders;

RESOLVED, that the International Association of Chiefs of Police supports the U.S. Department of Homeland Security's proposal to amend Title 5 of Section 9101 of the United States Code to authorize the USCIS, TSA, and FEMA to receive the full and complete Criminal History Record Information contained in the states' criminal history repositories.