Attorney General Directive on Cooperators Program

MEMORANDUM TO THE ASSISTANT ATTORNEY GENERAL FOR THE CRIMINAL DIVISION, THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, THE COMMISSIONER OF THE IMMIGRATION AND NATURALIZATION SERVICE, AND ALL UNITED STATES ATTORNEYS

FROM: THE ATTORNEY GENERAL

SUBJECT: Incentives for Aliens Who Provide Information Relating to Terrorists


With respect to terrorists who are being sought by the United States or who plan to commit
further violent acts against the United States, there may be aliens who have useful and reliable information as to their whereabouts, their organizations, and their plans, but who may be
reluctant to provide that information to law enforcement officials.

The Department of Justice, however, has the legal authority to offer incentives to those aliens, whether living in the United States or abroad, to provide reliable and useful information about
the terrorists and their plans. The Department's authority include the approval of S
non-immigrant status for alien informants, the grant of parole, and the deferral of
prosecutorial action to permit such aliens to enter or remain temporarily in the United States.

I hereby direct you to pursue the use of S non-immigrant status in all appropriate cases in order
to elicit reliable and useful information relating to terrorists, their activities, and their whereabouts.
In appropriate cases where an alien is not eligible for S non-immigrant status, but nonetheless provides information that is reliable and useful in the apprehension of terrorists or prevention of
acts of terrorism, I direct you to consider deferring action on placing the alien into removal proceedings or granting parole in the public interest to allow the alien to enter and remain in the United States.

1. S Non-immigrant Status. Under Section 101(a)(15)(S) of the Immigration and Nationality Act (INA), S non-immigrant status is available to certain alien informants who have critical reliable information regarding either criminal organizations (S-5) or terrorist operations (S-6). The
Attorney General and the Secretary of State, acting jointly, may grant S-6 non-immigrant status to an alien who has critical reliable information concerning a terrorist organization, enterprise, or operation; is willing to supply or has supplied that information to federal law enforcement
authorities or a federal court; will be or has been placed in danger as a result of providing that information; and is eligible to receive a reward under 22 U.S.C. § 2708.

In addition, S-5 non-immigrant status may also be used to develop useful and reliable information about any terrorist organization or enterprise that violates federal criminal laws. The Attorney General may grant S-5 non-immigrant status to an alien who has critical reliable information concerning a criminal organization or enterprise; is willing to supply or has supplied such
information to federal or state law enforcement authorities or courts; and whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal
investigation or successful prosecution of an individual involved in the criminal organization or enterprise. I call your attention to the following aspects of S non-immigrant status:

* The S nonimmigrant status applies not only to aliens who are currently within the United States, but also permits aliens who are currently abroad to enter and remain in the United States during
the authorized 3-year period of stay.

* There is a limit of 50 S-6 aliens per year, and the number of S-5 aliens is limited to 200 per year. (The dependents of an alien admitted under S-5 or S-6 status may be admitted without numerical limitation under S-7 status.)

* The regulations at 8 C.F.R. § 214.2(t) provide for a federal law enforcement agency (or a state law enforcement agency in an S-5 criminal case) to submit an application on behalf of an alien informant to the Assistant Attorney General for the Criminal Division, who will review the
case and certify the application to the Commissioner of the Immigration and Naturalization Service ("INS") for decision.

* The United States Attorney with jurisdiction over the prosecution or investigation that forms the basis for a request for S non-immigrant classification must endorse and certify an application, and agree that no promises may be, have been, or will be made that the alien will or may remain in the United States in S or any other non-immigrant classification or parole, adjust status to lawful permanent resident, or attempt to remain beyond the authorized period of admission.

* The State Department must concur in granting an S-6 visa in a terrorism case.

The S non-immigrant status provides an important tool to assist the United States government in obtaining the information necessary to the identification, disruption, and punishment of terrorist activities, and I encourage its use in all appropriate cases. In the event that the INS reaches the numerical caps on the granting of S-6 or S-5 status during a fiscal year, I hereby direct the INS
and the Criminal Division to continue processing those cases and to maintain a waiting list of
eligible aliens until the INS can grant S status to those aliens in the following fiscal year. Pending
the grant of such status, the INS may use its authority to parole or defer action on those aliens
or purse other appropriate means within its authority to ensure the presence and cooperation of
the aliens in relevant investigations.

2. Parole and Deferred Action. In addition to the S non-immigrant status, the INS has other
options for dealing with aliens who are able to provide useful and reliable information for the investigation, apprehension or prosecution of terrorists. I hereby direct that in appropriate cases
where an alien has provided information that is reliable and useful in the apprehension of terrorists
or prevention of terrorist acts, but who does not qualify for S non-immigrant status, the relevant U.S. Attorney or the Criminal Division request that the INS grant parole or defer action, as
described below. Under Section 212(d)(5)(A) of the INA, the INS can grant parole to aliens on
a case-by-case basis where there is a significant public benefit in order to allow such aliens to enter and remain in the United States, in accordance with conditions attached to the grant of parole. For aliens already present in the United States, the INS may exercise its prosecutorial discretion to
defer action on placing a removable alien into removal proceedings. Although this action does not confer any tangible immigration status on the alien, it places the alien into a "period of stay authorized by the Attorney General," and thus preventing the alien from accruing any additional period of unlawful presence for purposes of section 212(a)(9)(B) and (C) of the Act. The existing regulations, 8 C.F.R. § 274a.12(c)(11) and (14), allow the INS to grant work authorization in
appropriate cases to aliens who have been granted parole or deferred action.


These authorities provide additional tools for the United States to encourage aliens who have
useful and reliable information regarding terrorists and their activities and whereabouts to come forward and cooperate with investigators. I hereby direct the INS, in consultation with the
Criminal Division and the United States Attorneys, either to grant parole or to defer action in appropriate cases for cooperating aliens for whom the S non-immigrant status is not available, as well as for aliens who awaits approval of an application for S non-immigrant status. If the INS declines to grant parole or defer action in any particular case, the Criminal Division may within
seven days refer the matter to the Deputy Attorney General for consideration and resolution.

3. Procedures to be followed in the initial discussion with aliens who come forward. As with all people who provide useful information to law enforcement, you should be especially sensitive to maintaining the confidentiality of alien informants. The Department is encouraging such aliens to come forward to provide information. The emphasis in any discussions should be on eliciting
reliable and useful information relating to terrorist activity, not on determining the informant's immigration status.

* * *

As the President has emphasized, the war against terrorism must be waged by all. Terrorism threatens global security and safety, and freedom-loving people around the world must join in the common effort to defeat this modern threat to humanity. Through concrete action to encourage
non-citizens to participate in the war against terrorism, you will extend America's promise of freedom to those who help us protect that promise. I thank you.