Spurred by concerns about
terrorism, federal authorities are investigating whether private guards hired by
major airlines at LAX have smuggled international passengers from the Middle
East and elsewhere into the United States.
Investigators with the FBI and
the Immigration and Naturalization Service suspect security escorts may have
helped systematically spirit away travelers en route between foreign countries
under the little-known federal Transit Without Visa program, which permits
foreigners to stop briefly in the U.S. without visas.
Federal authorities have expressed
concerns for years about weakness in the program.
In the last three
years, airlines have been cited by the INS for nearly 6,000 violations
nationally in which the carriers could not document that program participants
left the U.S. in a timely manner. Federal officials could not say how many of
those passengers remained in the U.S.
Sporadic evidence of smuggling has
cropped up before. Criminal charges were filed in recent years in New York and
Los Angeles against security guards accused of helping transit passengers slip
out of airports, records show.
A report by the Justice Department
inspector general after the Sept. 11 attacks warned of continuing gaps in the
transit program and concluded that the agency "must take immediate action ... to
enhance national security."
Federal law enforcement sources say their
inquiry at Los Angeles International Airport has yet to turn up evidence that
violent extremists have gotten into the country via the transit program. "We are
not far enough into the investigation to know if it has been exploited by
terrorists," one source said.
Agents, however, are aggressively tracking
down hundreds of clients--most of them Middle Eastern--of a phony-document ring
that may be linked to the suspected airport-smuggling scam. Investigators
suspect some of those who bought bogus Social Security cards fro m the ring
arrived at LAX as transit passengers and remained in the country illegally. A
former LAX transit guard from Jordan--who obtained an INS stamp--is among those
who pleaded guilty in the false-document ring.
Airlines vigorously defend
the decades-old Transit Without Visa program as both safe and economically
vital. But leading INS officials say the threat of terrorism demands a
re-examination.
"To some extent, this comes down to us taking a new and
different look at everything we do after Sept. 11," said Thomas J. Schiltgen,
INS district director in Los Angeles.
The INS suspended much of the
program immediately after last September's attacks, and agency officials
considered eliminating it. However, the program was revived in November after
some changes, including a new requirement that all transit passengers undergo
immigration inspection, which includes a check against federal databases that
flag suspected criminals and potential terrorists.
The INS is expected to
propose a broader overhaul soon. Among other changes, the agency is considering
a ban on multiple stops for transit passengers and adding several Middle Eastern
and African countries to a list of more than 20 nations whose citizens are
barred from passing through U.S. airports without visas.
The Transit
Without Visa program is an important marketing tool abroad for the highly
competitive airline industry. In the three most recent fiscal years, more than 5
million airline travelers--almost 5% of all foreign nationals entering the
United States via airports--arrived as visaless transit passengers, destined for
connecting flights overseas.
The program allows carriers to route many of
their most lucrative customers through LAX and other major hubs in the U.S.,
while offering fliers a means to avoid the inconvenience of obtaining visas,
including time-consuming State Department background checks.
Once in the
United States, transit passengers typically remain in the airport for several
hours. More than 1 million a year are directed to secured lounges. But those
lounges are sometimes poorly guarded, according to the post-Sept. 11 critique by
the Justice Department's inspector general.
Some Without Visas Leave
Airports
An additional 200,000 passengers a year, escorted by private
guards, are allowed to mingle with the general airport population, transfer to
other terminals or even leave the airport. Some visit restaurants, hospitals or
consulates, or stay overnight in hotels while waiting for their connecting
flights.
Air carriers, under contract with the INS, are responsible for
providing the escorts and ensuring that the travelers depart within eight hours
or on the next available flight. LAX is the nation's leading port of entry for
the escort program, with 56,000 travelers served in fiscal 2001.
Federal
studies dating back almost a decade have warned that the program is outdated and
vulnerable to abuse. Moreover, according to records and interviews, the INS
cannot verify that all the foreign travelers actually leave--largely because
inspectors at airports do not confirm each departure at the time of boarding,
but rely on an archaic paperwork system that takes weeks to enter into INS
computers.
INS officials acknowledge gaps in the system. In one LAX case
two years ago, two employees of a security firm pleaded guilty to federal
charges for trying to smuggle in three Thai women who arrived as transit
passengers on a Korean Air flight from Seoul.
The scheme, foiled by the
employees' supervisor, involved swapping the women--allegedly destined for
employment at a massage parlor--with three impostors who were to take their
outbound seats.
Sources say the current federal investigation of the
program at LAX involves a review of airport operations, a hunt for transit
passengers who may have slipped into the country in recent years, and an effort
to identify corrupt airport workers who may have aided them.
Directing
the investigation, officials said, is an a nti-terrorism task force--including
representatives from the FBI, INS, Federal Aviation Administration and Social
Security Administration--that is focusing on long-term national security issues
such as immigration.
The LAX investigation stems in part from the
prosecution of the phony-document ring, which generated nearly 1,000 fraudulent
Social Security numbers, mostly for Middle Easterners. The operation was broken
up in early 2000.
After the World Trade Center and Pentagon attacks,
federal agents stepped up efforts to find the cardholders, who have scattered
across the country and overseas.
Among the three ring members who pleaded
guilty in the case was Firas Rteimeh, a 32-year-old Jordanian who worked as a
transit escort at LAX from 1996 until shortly before his arrest.
Rteimeh
was employed by Aviation Safeguards, the largest of about half a dozen providers
of transit passenger security services at LAX. The company, under contract with
various airlines, escorts 50 to 60 transit passengers a day at LAX, according to
interviews.
Rteimeh, who recently completed his 18-month sentence and is
free pending an appeal that could affect INS efforts to deport him, helped line
up customers for the fake Social Security cards, court records show. Agents
found more than $100,000 in cash and the INS stamp during a search of his
apartment.
Rteimeh and his attorney did not respond to interview
requests. In a brief conversation in March, Rteimeh said he was not aware of a
continuing investigation.
Aviation Safeguards has not been advised of a
federal probe of the transit program, said Sunny Williams, the
company's Los Angeles general manager. "If they are investigating our employees,
I don't know," Williams said in an interview. "[But] we handle quite a few of
these types of escorts, [so] I wouldn't be surprised."
Workers
Disciplined if Departures Not Proved
Aviation Safeguards, a division
of Command Security Corp. of New York, is a major nationwide airport security
provider. Two years ago, a branch of the company in Florida was placed on two
years' probation and ordered to pay more than $100,000 in fines and restitution
after a former general manager allowed more than 20 employees to work in secure
airport areas without required background checks.
At LAX, Williams said,
Aviation Safeguards assisted with the Social Security fraud investigation,
adding, "We will cooperate in the fullest" with the current inquiry.
The
executive said he had no suspicions about Rteimeh but he acknowledged he has had
to discipline or terminate workers in recent years because airlines could not
document that escorted passengers actually departed.
"Has it happened to
our company? Yes," Williams said. "Occasionally, we've had people who are bad
apples and we got rid of them.
"Any [transit security company] who says
the contrary is lying."
Several federal officials say Rteimeh was
investigated more than two years ago, while still working as a guard, by the INS
on suspicion of smuggling in fellow Jordanians via the transit program. He was
never charged in that case.
The Transit Without Visa program was launched
after World War II to help resettle refugees, many of whom lacked identity and
travel documents.
INS officials have argued that the program is obsolete
and represents too great a security risk. But drawn out legal and policy battles
between the INS and the airline industry have delayed some efforts to bolster
controls.
Airline representatives, struggling to recover from the travel
slump after Sept. 11, say they will lose millions of dollars in revenue and
about 40% of international passengers transiting through U.S. airports if visas
are required for all such travelers. Likely to be especially hard hit, industry
officials say, would be giant U.S. carriers such as American and Continental,
with extensive routings between the U.S. and Asia, Europe and Latin
America.
"There are people in the INS who feel that the Transit Without
Visa program has been nothing but an open invitation for people to enter the
United States illegally," said Robert Davidson, assistant director of
facilitation services for the International Air Transport Assn. "The numbers, I
don't believe, support that. But, for some, if you lose one person, that's too
many."
The inspector general's report issued in December found that
security concerns identified nine years ago in the transit passenger program
"for the most part ... still exist today."
Although it does not identify
airports or airlines, the report found that security standards for transit
passengers vary nationwide.
In some airports, INS managers reported,
transit passengers have been allowed to move unaccompanied. Passenger-to-guard
ratios vary, with as many as 20 travelers per escort. In addition, INS managers
told federal investigators, some airlines are willing to absorb a $500 fee for
each passenger they cannot prove exited the country on time, viewing the
payments as a cost of doing business and cheaper than beefing up
security.
"The onus is on the airlines, and that makes it in some cases
problematic," said Peter Gordon, the INS' assistant regional director for
inspections in the western states. "But it's a very important privilege for
these airlines. It's an important source of profit. So they guard it
jealously."
_ _ _
Times staff writer Robert J. Lopez and researcher
Jacquelyn Cenacveria contributed to this report.

