The Volokh Conspiracy

“I Have Determined that You Pose a Security Threat.”

The Department of Homeland Security (DHS) is sending rather blunt letters rejecting applicants for Transportation Worker Identification Credentials, an ID necessary for employment as a dock worker and in other transportation-related fields where security is a concern. As the NYT reports:

A German graduate student in oceanography at M.I.T. applied to the Transportation Security Administration for a new ID card allowing him to work around ships and docks.

What the student, Wilken-Jon von Appen, received in return was a letter that not only turned him down but added an ominous warning from John M. Busch, a security administration official: “I have determined that you pose a security threat.”

Similar letters have gone to 5,000 applicants across the country who have at least initially been turned down for a Transportation Worker Identification Credential, an ID card meant to guard against acts of terrorism, agency officials said Monday.

The officials also said they were sorry about the language, which they may change in the future, but had no intention of withdrawing letters already sent.

“It’s an unfortunate choice of words in a bureaucratic letter,” said Ellen Howe, a security agency spokeswoman.

Ms. Howe and Maurine Fanguy, who oversees the new ID card program, said that most foreign students did not qualify for the identity cards, but that the letters were not intended to label the recipients as potential terrorists. (Some applicants are also turned down because of criminal records.)

Even if DHS were justified in labeling some foreign students as "security threats," would this be a smart thing to put in a letter of this sort? Suppose Mr. von Appen really did pose a threat of some sort, and was not simply denied the credential because he is a foreigner, why would a security agency want to tip him off? I'm simply baffled by the bureaucratic ineptitude that would lead to the issuance of letters like this.

mf24:
Most likely the language will change to: "It has been determined ..."
5.14.2008 10:32am
J. F. Thomas (mail):
What a stupid regulation if no foreign students (and if a German national studying at MIT can't get it I doubt any foreign student can, notwithstanding DHS saying "most" don't qualify) can get an ID to work around docks and ships.
5.14.2008 10:38am
J. F. Thomas (mail):
DHS better not ever visit OCONUS military bases, they might be shocked to find what they find. The bases in Germany are literally crawling with German nationals.
5.14.2008 10:39am
Houston Lawyer:
Port security has changed. My brother-in-law works at a chemical plant that is part of the port. A driver delivering goods to the plant showed up with a fake ID. That driver was promptly arrested for what I believe to be a felony charge for using false credentials to get into a port facility. Now the driver was probably just another undocumented worker going about his business, but fake IDs are no longer a joke at some places.
5.14.2008 11:07am
Arkady:
And then there's this piece of bureaucrapic nonsense:

Italian’s Detention Illustrates Dangers Foreign Visitors Face

http://www.nytimes.com/2008/05/14/us/14visa.html
5.14.2008 11:16am
erics (mail):
Surely you can't be serious when you say you are "simple baffled by the bureaucratic ineptitude"?
5.14.2008 11:21am
Yoda:
That should make flying out of the US fun for these 5,000 applicants. Welcome to the TSA "no-fly" list. "You can check out anytime you like, but you can never leave..."
5.14.2008 11:22am
Teh Anonymous:
From the article:
[The spokeswoman] said she did not believe the denial letters would cause students any problems with visa renewal or airport security checks. They will even be able to enter secure ports and ships for their work as long as they are accompanied by someone with the new ID, Ms. Howe said.
Isn't a security risk accompanied by a safe person still a security risk?
5.14.2008 11:29am
Teh Anonymous:
Shoot, hit post too soon ... unless the person accompanying them is effectively a guard prepared to use force as necessary, or such a guard accompanies the person without ID and the escort with ID, I don't see the point of this new policy.
5.14.2008 11:32am
Jiminy (mail):
When we identified our current failed bureaucracy in the FBI, CIA, Immigration, etc, what did we do to fix those problems? Why, we added another department on top of those! Inconceivable! Someone should form a committee immediately to discuss this problem!
5.14.2008 11:35am
Oren:
Isn't a security risk accompanied by a safe person still a security risk?
While working at a nuclear reactor, we had the same rule. Anyone with access to the reactor room had the right to bring any trusted person into the reactor room at her discretion. Otherwise, normal functioning would be nigh impossible.
5.14.2008 11:52am
Horatio (mail):
Any organization that has the word "Homeland" in its name, evoking memories of "Das Vaterland", starts out its mission hampered by ineptitude.

"Mein Führer! I can walk!"
5.14.2008 11:57am
holdfast (mail):
I think the better course would be to say something to teh effect that they are unable to positiviely vet the person, and therefore they cannot be issued with the permanent ID that would allow unlimited access to sensitive areas - since that sounds like what we are dealing with. It's not that they really consider him a threat, but rather that they cannot verify that he isn't, which is why he would still be allowed access, but would need to be accompanied by a verfified person. It's a trade off, but then so are pretty much all security regimes.
5.14.2008 12:17pm
The Cabbage (mail):
erics, don't call him Shirley.
5.14.2008 12:22pm
SIG357:
Even if DHS were justified in labeling some foreign students as "security threats"

Why on earth would we want to let ANY foreign students work anywhere in the country? They are here on a student visa - they are supposed to be studying, not working on the docks! Just try working in a foreign country while there on a student visa.

Of course there is a separate question of why we have so many foreign students in the country to begin with. The govenment-educational complex has a lot to answer for.
5.14.2008 12:32pm
SIG357:
Any organization that has the word "Homeland" in its name, evoking memories of "Das Vaterland", starts out its mission hampered by ineptitude.



Well, both words contain the letters 'l', 'a', 'n' ,and 'd'. Would "Homecountry" be more to your liking? You do understand that "Vater" does not translate to "Home", correct?
5.14.2008 12:35pm
Q the Enchanter (mail) (www):
"Why on earth would we want to let ANY foreign students work anywhere in the country?" (SIG357)

Not that it's at all relevant to JA's point, but the permit appears to be related to the student's research interests. (It's not hard to imagine that an oceanography student might need to be able "to work around ships and docks.")
5.14.2008 12:52pm
Andrew Janssen (mail):

Any organization that has the word "Homeland" in its name, evoking memories of "Das Vaterland", starts out its mission hampered by ineptitude.

Well, both words contain the letters 'l', 'a', 'n' ,and 'd'. Would "Homecountry" be more to your liking? You do understand that "Vater" does not translate to "Home", correct?


SIG357 seems to have utterly failed to percieve the distinction between denotation and connotation. "Department of Domestic Security" would have been a better choice than "Department of Homeland Security", due to the latter's evocation of Nazi and Soviet rhetoric about the Fatherland or the Motherland.

Indeed, I know a few people who insist on refering to DHS as either the Heimatsicherheitsdienst or as Rodina Bezopastnosti.
5.14.2008 12:54pm
guy in the veal calf office (mail) (www):
I'm simply baffled by the bureaucratic ineptitude that would lead to the issuance of letters like this.

I agree with erics (with The Cabbage's corollary).

Start and operate a company and you will no longer be baffled, but will hire CPAs, lawyers, benefits administrators, insurance brokers and CFOs to be baffled on your behalf.
5.14.2008 1:01pm
john w. (mail):
I'm simply baffled by the bureaucratic ineptitude that would lead to the issuance of letters like this.

I'm not sure if 'ineptitude' is quite the right term here. It seems more like a Freudian slip: Just for an instant, the mask slips away and we get to see the true nature of the police state.
5.14.2008 1:05pm
MIT alum:
SIG357:

Why on earth would we want to let ANY foreign students work anywhere in the country? They are here on a student visa - they are supposed to be studying, not working on the docks! Just try working in a foreign country while there on a student visa.

These are oceanography grad students. I have a friend who was also an MIT student in oceanography who spent an entire semester at sea. They aren't going to become dock workers--their education requires access to ships and docks.


Of course there is a separate question of why we have so many foreign students in the country to begin with. The govenment-educational complex has a lot to answer for.

Because we notice a lot of highly skilled foreign talent, and draw it into the US using our educational institutions? Because this not only improves relations overseas, but also results in a net, permanent increase in skilled talent in the US (I knew quite a few international students at MIT, and the vast majority of them are still in the US, either on work visas or having become naturalized citizens)? Because the US has always done this throughout its history, and it seems to have worked pretty well so far?

I think it's detrimental to the US in the long-term to be putting these restrictions on foreigners (especially students), but that aside, I agree that the language used is ridiculous.
5.14.2008 1:12pm
Horatio (mail):
SIG357 seems to have utterly failed to percieve the distinction between denotation and connotation. "Department of Domestic Security" would have been a better choice than "Department of Homeland Security", due to the latter's evocation of Nazi and Soviet rhetoric about the Fatherland or the Motherland.

Indeed, I know a few people who insist on refering to DHS as either the Heimatsicherheitsdienst or as Rodina Bezopastnosti.


As you have pointed out SIG357 doesn't get it. But then, a selection of a .357 from Sig is a strange choice too. Anything less than a .45 is for wussies

:)
5.14.2008 1:21pm
Oren:
Of course there is a separate question of why we have so many foreign students in the country to begin with.
Because Congress decided to admit them. Don't like it, get a new Congress. Sheesh.
5.14.2008 1:42pm
ObeliskToucher:

SIG357 seems to have utterly failed to percieve the distinction between denotation and connotation. "Department of Domestic Security" would have been a better choice than "Department of Homeland Security", due to the latter's evocation of Nazi and Soviet rhetoric about the Fatherland or the Motherland.

Connotation is in the eye of the beholder...
5.14.2008 1:45pm
Ohismith (mail):
The blogger is "baffled by the bureaucratic ineptitude". What world have you been living in--ineptitude is the watchword in Bushco, don't you know that? Can you spell Katrina, USAtty scandal, Lurita Doan?
5.14.2008 2:23pm
Randy R. (mail):
SIG: Why on earth would we want to let ANY foreign students work anywhere in the country? They are here on a student visa - they are supposed to be studying, not working on the docks! Just try working in a foreign country while there on a student visa. Of course there is a separate question of why we have so many foreign students in the country to begin with."

Of course, I would love to respond to this, although others have done so more eloquently. I would like to add that we actually benefit quite from having foriegn students in our schools -- they pay higher tuition, which is often paid by their government, and our students learn about opportunities in the global economy that they wouldn't if they were just isolated in the midwest with other US students.

But we must be careful -- when ever you say anything SIG disagrees with, he will label you as 'dishonest,' as I have learned.
5.14.2008 2:52pm
ewannama (mail):
Oren:

Isn't a security risk accompanied by a safe person still a security risk?

While working at a nuclear reactor, we had the same rule. Anyone with access to the reactor room had the right to bring any trusted person into the reactor room at her discretion. Otherwise, normal functioning would be nigh impossible.

This seems to miss the distinction also missed by the bureaucrats/drafters of those letters. Security risk is not the same as unscreened or rejected for other/arbitrary reasons. Yes, unscreened may be seen as a sort of "risk," but in security circles "security risk" means more than unknown or neutral possibility. If someone was intent on causing harm and the power company/screeners were aware, I sure hope the power company would not let them in with a nuclear plant employee.
5.14.2008 2:56pm
Randy R. (mail):
That story about the italian visiting his g/f was scary, but not unusual any more. It's a bizarre world when getting a visa to and entering China is easier than visiting the US.

This is one of the biggest complaints I hear from professionals when I travel around the world, and in my profession. People were willing to forgive extra security procedures after 9/11, but now the rude agents, the denials of visas for no reason and seemingly arbitrary, and so on, have convinced many professors to not teach or deliver ground breaking papers in the US. Instead, they go to Germany. Students are looking to universities in europe instead of here, depriving us their unique skills, and making the world more wary and isolated against the US. Business professionals can't enter the US, and so do business elsewhere.

It's hurting us because we are losing the best and brightest to other countries, we are losing business opportunities, and we are losing the respect of other countries.
5.14.2008 3:02pm
Yoda:
Honestly, when has DHS/TSA shown anything other than bureaucratic ineptitude? The latter cannot even keep its rules and policies consistent between domestic airports.

And let's remember, the terror alert is Bert! http://www.geekandproud.net/terror/
5.14.2008 3:19pm
Huck (mail):
"This is one of the biggest complaints I hear from professionals when I travel around the world, and in my profession. People were willing to forgive extra security procedures after 9/11, but now the rude agents, the denials of visas for no reason and seemingly arbitrary, and so on, have convinced many professors to not teach or deliver ground breaking papers in the US. Instead, they go to Germany."

Or the United Kingdom.

From a German perspective, it is quite common to avoid visiting the U.S. if not really necessary.
5.14.2008 4:03pm
Jeff Hall (www):

Indeed, I know a few people who insist on refering to DHS as either the Heimatsicherheitsdienst or as Rodina Bezopastnosti.

What charming people you know, Andrew.
5.16.2008 10:59am