Can New Bill Plug 'Dangerous' Homeland Security Gap?

Critic alleges "false connection" between student visa program, terrorism.

ByABC News
September 12, 2014, 1:42 PM

— -- U.S. Sen. Charles Grassley introduced legislation this week to stiffen rules for schools seeking to attract foreign applicants with the promise of assistance to obtain a student visa, an effort he says will prevent want-to-be terrorists from exploiting vulnerabilities in the American student entry program.

“It’s time to close the loopholes and clamp down on schools that have a poor track record with regard to foreign students,” Grassley, R-Iowa, said.

Grassley pointed to findings of a recent ABC News investigation that found U.S. Homeland Security officials had lost track of some 6,000 foreign nationals who had overstayed the terms of their student visas in the past year and a half -- exploiting a security gap that was supposed to be fixed after the Sept. 11, 2001 terror attacks.

Despite repeated concerns raised by Congress, federal immigration officials have also continued to grant schools certification to accept overseas applicants even if the schools lack accreditation, state licensure, or any obvious measure of academic rigor.

Lost in America: Visa Program Struggles to Track Missing Foreign Students

There are now more than 9,000 schools on the government approved list. The list includes such top flight American colleges as Harvard and Yale, but it also includes 86 beauty schools, 36 massage schools and nine schools that teach horseshoeing. Foreign students can enter the U.S. on a visa to study acupuncture, hair braiding, or join academies that focus on tennis and golf. In one case, a tiny, state licensed career college in New York City continued to have four campuses on the Department of Homeland Security-certified schools list, even though five of the school’s top officials -- including its president – were indicted on charges of visa fraud in May.

According to the indictment, 80 percent of the foreign students enrolled MicroPower Career Institute had delinquent attendance, putting them out of compliance with their visas. But the school did not report them, the indictment says. The school declined comment and all five school officials have pleaded not guilty in the case. DHS officials said they had no ability to de-list the school, even after the fraud indictments, because the school was entitled to administrative due process.

Grassley said his legislation would require schools to be accredited by an appropriate accrediting body in order to accept foreign students. He said it would also give Homeland Security officials the ability to immediately suspend school participation if they were failing to comply reporting requirements or fell under suspicion of fraud.

A spokeswoman for the Department of Homeland Security said the agency does not comment on pending legislation. But she added that the department would “fully support improving and enhancing programs that protect our country’s national security.”

She noted that Immigration and Customs Enforcement (ICE) is already hard at work trying to improve what officials there have acknowledged are shortcomings of the student visa monitoring program. ICE officials told ABC News, for instance, that it has undertaken a new program to deploy field representatives around the country to personally inspect schools that had been approved to accept foreign students. So far, 15 field representatives have been hired, with a plan to ultimately employ 60 around the country, according to spokesperson Carissa Cutrell.