Azamat Tazhayakov was able to re-enter US on expired visa because border agent did not have access to monitoring system
The Homeland Security Department has ordered US border agents, "effective immediately", to verify that every international student who arrives in the US has a valid student visa, according to an internal memorandum obtained by the Associated Press. The new procedure is the government's first security change directly related to the Boston Marathon bombings.
The order from a senior official at US Customs and Border Protection, David J Murphy, was circulated on Thursday and came one day after the Obama administration acknowledged that a student from Kazakhstan who is accused of hiding evidence for one of the Boston bombing suspects had been allowed to return to the US in January without a valid student visa. The student visa for Azamat Tazhayakov had been terminated when he arrived in New York on 20 January. But the border agent at the airport did not have access to the information in the Homeland Security Department's Student and Exchange Visitor Information System (SEVIS).
Tazhayakov was a friend and classmate of Dzhokhar Tsarnaev at the University of Massachusetts Dartmouth. Tazhayakov left the US in December and returned on 20 January. In early January, his student visa status was terminated because he was academically dismissed from the university.
Tazhayakov and a second Kazakh student, Dias Kadyrbayev, were arrested this week, on federal charges of obstruction of justice. They were accused of helping to get rid of a backpack containing fireworks that was linked to Tsarnaev, the younger of the two brothers suspected of carrying out the Boston bombings. A third student was also arrested and accused of lying to authorities.
A spokesman for the department, Peter Boogaard, said earlier this week that the government was working to fix the problem that allowed Tazhayakov to be admitted into the country.
Under existing procedures, border agents could verify a student's status in SEVIS only when the person was referred to a second officer for additional inspection or questioning. Tazhayakov was not sent to a second officer when he arrived because, Boogaard said, there was no information to indicate he was a national security threat. All border agents are now expected to be able to access SEVIS by next week.
The government has for years recognized as a problem the inability of border agents at primary inspection stations to directly review student visa information. The Homeland Security Department was working before the bombings to resolve the problem; the new memo outlines interim procedures until the situation was corrected.
Under the new procedures, border agents will verify a student's visa status before the person arrives in the US, using information provided in flight manifests. If that information is unavailable, border agents will check the visa status manually with the agency's national targeting data center.
It is unclear what impact the new procedure will have on wait times at airports and borders. Customs officials will be required to report any effect, including increased wait times, on a daily basis.
The Obama administration announced an internal review earlier this week of how US intelligence agencies shared sensitive information before the bombings and whether the government could have prevented the attack. Republicans in Congress have promised oversight hearings, which begin Thursday.
On Thursday, Senator Charles Grassley, a Republican, asked Homeland Security Secretary Janet Napolitano for details from the student visa applications of Tazhayakov and Kadyrbayev, including information about how Tazhayakov re-entered the United States.
Lawmakers and others have long been concerned about terrorists exploiting the student visa system. In 2011, a 20-year-old college student from Saudi Arabia was arrested in Texas, on federal charges of attempted use of a weapon of mass destruction. Authorities accused him of plotting to blow up dams, nuclear plants or the Dallas home of former President George W Bush. He was later convicted and sentenced to life in prison.