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Questions now about the suspects now accused of hiding evidence disposing of it or lying about it in connection with the Boston Marathon bombings after the fact.
And how one of them may have entered this country unlawfully.
For a new hour here of America live welcome everyone I'm Megyn Kelly.
We're getting brand new details right now about these three new suspects who the FBI says helped cover the tracks of one of the accused bombers.
All were classmates at one point or another of Joseph -- -- -- at eight UMass Dartmouth.
Joseph -- now in custody of course.
And one of the -- suspects.
Is accused well what is an American citizen.
That's rebel on screen right rebel.
He's accused of lying to look into law enforcement the other two suspects.
Right next to rebel in this picture here are from cosmic stuff.
There's a picture of these two with Joseph -- -- they have in Times Square in April 2012.
They are now the issue facing felony charges for obstructing justice.
And now we're looking into whether one of these two it is in this country illegally and -- so.
Why didn't we do something about various as a not.
-- -- The student reported left the United States for -- -- back in December and then returned a January 20.
But I January 3.
Reports say that his student visa had been terminated.
Because he stopped going to class and yet somehow he was allowed back into the country should we have done that.
Michael Cutler -- the former special agent for the Immigration and Naturalization Service INS which is now ice.
And -- the right man to ask for this kind of -- so if the student visa expires on January 3 because he's not going to class we've been -- at the university it's really unclear right now right.
Then he tries to get back in in January 20 -- how is it supposed to work.
Well the visa didn't expire but he violated the terms of being a student in the United States you know people presume that if you have a visa you can enter that's not the case through Customs and Border Protection inspector.
Has to admit the alien into the United States expect I did that job -- -- INS the beginning in my career before you just.
I show -- she would say I've got this student visa it doesn't expire till August you have to let me and you say.
-- no I don't.
Notified of evidence that you're not really coming to be a student just as though the fight had evidence you've -- -- you're claiming to be a -- but I believe you coming to work.
You don't get admitted into the United States.
A highly check that -- when he tries to come back.
And say I want to resume classes and yet it all the while there's this alert that the universities but out on January 3 third supposedly.
Saying he no longer goes to classes here.
How would you know that.
Well there's a program called save -- which is a computerized database that's supposed to flag -- so that when you try to reenter the United States the inspector knows the system failed.
The system keeps on failing -- I understand the magnitude of the problem again you know we keep getting told the focus on the Mexican border when the Mexican border -- -- great.
We have a bunch of holes in the bottom of our -- -- not plugging any of them and this one involves national security because we know the terrorists in the past.
Have gained the visa process and committed immigration benefit fraud getting residency political asylum like.
The two guys pulled off the attack of looks like they probably committed fraud and their application for asylum.
But I guess when you come in for asylum in it's like to -- it's so awful over there -- need a silent you help me help me you're certainly help up and they go back to lead to -- -- now if you really had credible fear of being in Russia.
Why in the world did you go back for -- the same regime was and how the same circumstances -- there.
So it would appear I'm not making an accusation but would appear that someone needs to look at the idea that they committed fraud -- we know what the terrorists of Douglas.
What we wanted to Wear Ramzi Youssef the 93 terror bombing of the World Trade Center -- -- McCants he -- -- the CIA a month earlier.
We've seen this the nine elevenths commission warned about it I've testified before bunch of congressional hearings about it gave testimony that -- why congressional -- -- -- why is this system working so poorly at bases in these instances or might it might overstating the case.
You in the volume they deal no in fact there was an interesting article in The Washington Times -- right now this deferred action program the DREAM Act.
They're not doing face to face interviews -- and 99 point 5% approval level right now.
So do you think anyone's really scrutinizing any thing.
You have about 7000 ice agents for the United States.
Over half of them are doing customs work which means you're lucky if you have 3000 ice agents for the entire country New York has 35000 cops.
Nobody's checking into the status of the students or -- schools.
101000 schools according to the GAO or authorized to bring in foreign students.
We have 850000.
Foreign students in the United States right now.
It's a game of hide and seek their hiding but nobody seeking at this endangers national security realistically.
How does that work when they come from a country that we know has radical pockets right I mean that your that -- but -- assuming they're gonna check somebody.
Who comes from Chechnya a little -- more thoroughly than they're gonna check somebody comes from Great Britain but you tell me well.
That's that you're simply Great Britain has hundreds of thousands of naturalized citizen do so the problem we have by the -- you have -- -- though as a naturalized citizens who is not US born.
And then -- you look at his mother and she was working with refugees.
So my concern.
That she perhaps know the answer and they have family.
From prior circumstances because of their having been refugees initially.
So we have to look at all the big into the into connecting pieces.
And at the road at the root of at all is immigration and what we're not doing not just to secure our borders which -- like a -- But the fact that we have over five million illegals in the country who violated the terms of their entry and you have a president saying if you're here illegally.
We want to give you lawful status by the way just have to make the one point -- -- this DREAM Act deal they're not doing face to face interviews but they're giving identity documents that aliens we can't confirm when they got hero who they are.
Think about the national security nightmare that creates immigration -- primary goals to protect American lives in the jobs of American workers it's failing abysmally.
And it's far more than the Mexican border that's not secure -- it's the entire system is always talking about it.
Station Schilling data and if they come out I said look as a cousin of border for protection that -- they they they had not been notified when they let -- -- That he had left school back in in early January this that we didn't now.
Then there was no derogatory information when we left to -- let him back in that he posted public safety threat.
In any way but now they say.
Now we have.
Department -- security has recently reform the student visa system to ensure that CBP hasn't worked -- Is provided with real time updates and all relevant student visa information -- problem solve.
-- believe that story of offense to sell you.
You know there was a guy very name offense has the on who got political asylum to a three years ago the Justice Department has -- on the website bragging about it meanwhile.
He was he pleaded guilty to alien smuggling at the time that he was supposedly running for his life and -- he was smuggling aliens into the United States from Latin America.
There wasn't worried in the press release about how they went after him -- lying on the application for political asylum he was an alien smuggler.
Time it again you look at what they're doing it immigration than you realize that it's a dysfunctional agency.
-- many broken components and what infuriates me about the opponents of comprehensive reform is they know that the system doesn't work.
So how in the world do you expect the system that can't handle its workload today.
To deal with an onslaught of millions of applications and they are pressured to approve the applications it takes minutes to approve an application.
But hours or days to deny one that's a fair question from square -- square one.
The pressure is on if you want to clear the backlog you have to prove everything that lands on your -- speedy support.
Four immigration reform that had.
Then sort of barreling forward prior to the Boston Marathon not bombings has has dropped dramatically already Michael thank you -- safety first you know thank you sir.
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