Sen. Roger Marshall wants more info after 172 on terror watch list try to enter US

WASHINGTON – US border agents stopped more than 170 foreign nationals on the FBI’s terrorism watch list in Fiscal Year 2023, but little is known publicly about the outcome of their cases.

Frustrated with the lack of information available on the FBI-flagged migrants, Sen. Roger Marshall (R-Kan.) introduced a bill Wednesday that would require the Department of Homeland Security to keep Congress abreast of all encounters with migrants on the watch list in the 12 months ending Sept. 30.

“One of my biggest concerns is when our adversaries are paying more attention to our southern border than Joe Biden,” Marshall told The Post. “As far as I’m concerned, our open southern borders are the No. 1 most pressing national security issue we face.”

The aptly named “Where Are the Terrorists Now Act” would require the secretary of Homeland Security, attorney general, and director of national intelligence to provide reports to Congress on such encounters.

The reported information would include updated tallies of individuals with records in the FBI’s “Terrorist Screening Data Set,” the official term for the watch list, who are caught at the border.

It would also require a description of why each person was on the list, details of “any ties” the person has to a terrorist organization, their country of origin and criminal record, as well as how each person got to the port of entry where they were stopped.

The bill would also require the officials to report whether, where, and for how long each terrorist-list migrant was detained. For those who were released into the country, DHS would have to tell Congress why that decision was made, as well as their current whereabouts.

The reports would be required monthly for the first year the measure would take effect, and twice a year after that.

They would also need to be unclassified and available to the public except in cases where the DHS secretary “determines that publication of such report … would compromise the national security of the United States.”

Between Oct. 1, 2022, and Sept. 30, 2023, US Customs and Border Protection recorded 172 encounters with non-US citizens on the FBI’s watch list who were attempting to enter the country – almost all of which occurred at the Mexico border.

“These encounters may include individuals who are not known or suspected terrorists but can include individuals associated with a known or suspected terrorist, to include family members of watchlisted individuals,” a DHS official told The Post.

While that represents just a sliver – about .0083% – of the 2,475,669 migrants CBP encountered at the southwest border, it represents a nearly twofold jump in the number of potential terrorists seeking to enter the country over the previous year.

In fiscal year 2022, border agents had 98 encounters with individuals on the FBI’s terrorist watch list, according to DHS.

The tally also continued a disturbing trend of growth in the number of potential terrorists during President Biden’s administration, which began in fiscal year 2021 with about 16 encounters.

By comparison, there were 14 encounters with migrants on the terrorist watch list over the course of former President Donald Trump’s four years in the White House, according to the DHS data.

The rise coincides with the increased number of migrants attempting to enter the US illegally during the Biden administration. Since fiscal year 2021, agents have stopped more than 5.9 million migrants attempting to enter the country, just over 1.028 million were caught at the borders between fiscal years 2017 and 2020.

“While the trend of increased migration from South America is a major factor in these increased encounters, regardless of the cause, DHS is and always will work tirelessly to screen, vet, and prevent anyone who poses a threat from entering the country,” a department official told The Post.

Marshall said it’s a deeply disturbing trend, particularly after Israel was caught off guard by Hamas terrorists who crossed from Gaza and killed more than 1,400 people on Oct. 7, including at least 33 Americans.

“Israel got caught asleep at the wheel and underestimated Hamas,” he said. “Let’s don’t be underestimating what these people of interest, these people on the terrorist list, what they’re doing right now.”

“That’s what our legislation [addresses,] because it requires [DHS] Secretary [Alejandro[ Mayorkas to communicate to Congress monthly on what’s happening to these people,” he added. “Who are they, where are they, what are they doing? Are they still in the country?”

While each case is different, authorities generally identify individuals on the watch list through “biometric and biographic screening and vetting,” which is done for every migrant attempting to cross the border, the DHS official said.

“If an individual is determined to pose a potential threat to national security or public safety, in coordination with the Joint Terrorism Taskforce (JTTF), we either deny admission, detain, remove, or refer them to other federal agencies for further vetting and prosecution as appropriate,” the official said.

But Marshall’s legislation would offer more accountability, as he and other lawmakers have been so far unable to learn what, if anything, happened to each migrant discovered to be on the FBI list.

If passed, the legislation may not be an unwelcome development for DHS, as the department claims that it is “committed to transparency and openness with Congress and the American public regarding this work.”

In fact, the department this spring began releasing monthly updates regarding encounters with individuals who have records on the watch list, the official said.

“DHS works with our international partners to share intelligence and other information, including to prevent individuals on the terrorist watchlist from entering the United States,” the official said. “Our multilayered border security efforts include various screening and vetting processes that work to detect and prevent individuals who pose national security or public safety risks from entering the United States.”