It is unknown what proportion of files currently under review as a result of Operation Janus
and Operation Second Look involve fingerprint cards taken by private vendors in the 1990s.
The suspect card stock records were never systematically removed from INS’s A-files (the
official individual files, matched to a unique Alien Number, or A-Number, for tracking all
immigration and naturalization records related to a noncitizen). The unreliability of fingerprint
cards gathered during this period and subsequently uploaded to IDENT 20 or even 30 years
later warrants serious consideration, at a systemic level, in individual denaturalization investigations, and certainly by the courts. Yet neither of two OIG reports (September 2016 and
September 2017) examining the issue of denaturalization based on a match between IDENT
records and card stock files addressed the questionable evidentiary foundations of the entire
effort. Even in criminal cases, where defendants have the benefit of counsel, judges have
barred the admission of evidence questioning the reliability of card stock fingerprint data.
Operation Janus initially identified a pool of 315,000 records in IDENT with removal orders
(and to an unspecified extent records with criminal convictions or fugitives) and without
fingerprint records. Now the Trump administration is proposing to review up to 700,000
records by locating and uploading scans of old fingerprint cards (in ICE’s terminology,
“Historic Fingerprint Enrollment” or HFE). There are A-files containing fingerprint cards that
were never uploaded into immigration databases, but it is not known how many.
Naturalized Americans whose fingerprints register a match against an HFE record under a
different name may be unable to explain the discrepancy because their fingerprint or biographical information was mishandled without their knowledge.
The weight given to “historic” fingerprint evidence in Janus and Second Look cases bears
scrutiny. A prior removal order may not have been fatal to a naturalization application had the
applicant been confronted with information about it during the naturalization application
process. A decade or more later, applicants are prejudiced by the passage of time, and may no
longer have recourse to evidence or witnesses to establish their eligibility for naturalization
and rebut an accusation of fraud. Yet, in current cases, fingerprint evidence is presented as not
only probative or persuasive, but conclusive evidence of fraud.
IDENT and NGI first became interoperable under a program known as Secure Communities,
which operated between 2008 and 2014 and has been resurrected under the current administration.449 Secure Communities was hailed as a tool to identify and deport “criminal aliens.”450
A 2011 study examining the impact of Secure Communities (using a national random sample
of 375 cases obtained through a Freedom of Information Act lawsuit) found that the program
resulted in an estimated 3,600 mistaken ICE apprehensions of U.S. citizens due to inaccurate
data. The program was also found to mirror disproportionate local policing patterns affecting
communities of color in the United States.451 As one analysis noted:
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UNMAKING AMERICANS
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