Immigration Benefits
Sixteenth Report Required by the Haitian Refugee Immigration Fairness Act of 1998 Gao ID: GAO-07-796R April 27, 2007This report responds to certain requirements of the Haitian Refugee Immigration Fairness Act (HRIFA) of 1998 that authorized certain Haitian nationals and their dependents to apply to adjust their status to lawful permanent residence. Section 902 (k) of the act requires the Comptroller General to report every 6 months on the number of Haitian nationals who have applied and been approved to adjust their status to lawful permanent residence. The reports are to contain a breakdown of the number of Haitians who applied and the number who were approved as asylum applicants, parolees, children without parents, orphaned children, or abandoned children; or as the eligible dependents of these applicants, including spouses, children, and unmarried sons or daughters. Reports are to be provided until all applications have been finally adjudicated. This is GAO's sixteenth report.
Through March 31, 2007, U.S. Citizenship and Immigration Services (USCIS), formerly part of the Immigration and Naturalization Service (INS), had received a total of 40,844 HRIFA applications and had approved 17,538 of these applications. The Executive Office for Immigration Review (EOIR) had 2,020 applications filed and had approved 797 of them. Details on the categories of the applicants and approvals are provided in this report.
GAO-07-796R, Immigration Benefits: Sixteenth Report Required by the Haitian Refugee Immigration Fairness Act of 1998
This is the accessible text file for GAO report number GAO-07-796R
entitled 'Immigration Benefits: Sixteenth Report Required by the
Haitian Refugee Immigration Fairness Act of 1998' which was released on
April 30, 2007.
This text file was formatted by the U.S. Government Accountability
Office (GAO) to be accessible to users with visual impairments, as part
of a longer term project to improve GAO products' accessibility. Every
attempt has been made to maintain the structural and data integrity of
the original printed product. Accessibility features, such as text
descriptions of tables, consecutively numbered footnotes placed at the
end of the file, and the text of agency comment letters, are provided
but may not exactly duplicate the presentation or format of the printed
version. The portable document format (PDF) file is an exact electronic
replica of the printed version. We welcome your feedback. Please E-mail
your comments regarding the contents or accessibility features of this
document to Webmaster@gao.gov.
This is a work of the U.S. government and is not subject to copyright
protection in the United States. It may be reproduced and distributed
in its entirety without further permission from GAO. Because this work
may contain copyrighted images or other material, permission from the
copyright holder may be necessary if you wish to reproduce this
material separately.
April 27, 2007:
The Honorable Robert C. Byrd:
Chairman:
The Honorable Thad Cochran:
Ranking Member:
Committee on Appropriations:
United States Senate:
The Honorable Patrick J. Leahy:
Chairman:
The Honorable Arlen Specter:
Ranking Member:
Committee on the Judiciary:
United States Senate:
The Honorable Dave Obey:
Chairman:
The Honorable Jerry Lewis:
Ranking Member:
Committee on Appropriations:
House of Representatives:
The Honorable John Conyers, Jr.
Chairman:
The Honorable Lamar S. Smith:
Ranking Member:
Committee on the Judiciary:
House of Representatives:
Subject: Immigration Benefits: Sixteenth Report Required by the Haitian
Refugee:
Immigration Fairness Act of 1998:
This report responds to certain requirements of the Haitian Refugee
Immigration Fairness Act (HRIFA) of 1998[Footnote 1] that authorized
certain Haitian nationals and their dependents to apply to adjust their
status to lawful permanent residence. Section 902 (k) of the act
requires the Comptroller General to report every 6 months on the number
of Haitian nationals who have applied and been approved to adjust their
status to lawful permanent residence. The reports are to contain a
breakdown of the number of Haitians who applied and the number who were
approved as asylum applicants, parolees, children without parents,
orphaned children, or abandoned children; or as the eligible dependents
of these applicants, including spouses, children, and unmarried sons or
daughters. Reports are to be provided until all applications have been
finally adjudicated. This is our sixteenth report.[Footnote 2]
Results in Brief:
Through March 31, 2007, U.S. Citizenship and Immigration Services
(USCIS), formerly part of the Immigration and Naturalization Service
(INS), had received a total of 40,844 HRIFA applications and had
approved 17,538 of these applications.[Footnote 3] The Executive Office
for Immigration Review (EOIR) had 2,020 applications filed and had
approved 797 of them. Details on the categories of the applicants and
approvals are provided in this report.
Background:
Haitian applicants are to send their applications to USCIS's Nebraska
Service Center in Lincoln, Nebraska. A contractor at the service center
is responsible for processing the applications up to the point of their
adjudication by USCIS adjudication officers. An application may be
adjudicated at the service center or in a USCIS district with
jurisdiction over the area where the alien applicant resides.
Generally, applications that are complete and evidentially sufficient
can be adjudicated at the service center, according to USCIS officials.
If an interview is required or other issues need to be resolved, the
application is forwarded to the appropriate USCIS district, where the
applicant can be interviewed and the application adjudicated. Data on
Haitian applicants are to be entered in USCIS's Computer Linked
Application Information Management System (CLAIMS).
Haitian nationals who are eligible for HRIFA should file their
applications with EOIR rather than USCIS if they have (1) a proceeding
pending before the Immigration Court or the Board of Immigration
Appeals or (2) a pending motion to reopen or reconsider filed on or
before May 12, 1999. Thus, Haitian nationals who are in deportation,
exclusion, or removal proceedings, and whose cases have not been
administratively closed, are to file their HRIFA application with EOIR,
not USCIS.[Footnote 4] Data on Haitian applicants are to be entered in
EOIR's case tracking system, the Automated Nationwide System for
Immigration Review (ANSIR).
The deadline for principal applicants to file an application for
adjustment of status under HRIFA was March 31, 2000. Dependents of
principal applicants have no application deadline.[Footnote 5]
HRIFA Applications Received and Approved by USCIS:
Through March 31, 2007, USCIS data showed that it had received 40,844
HRIFA applications at its Nebraska Service Center, all of which had
been entered into CLAIMS.[Footnote 6] The categories and numbers of
these applicants are shown in table 1. Through March 31, 2007, USCIS
had approved 17,538 applications for adjustment of status under HRIFA.
Table 1: HRIFA Applications and Categories of Applications Received and
Approved by USCIS, through March 31, 2007:
Principal or dependent: Principal;
Category of applicant: Asylum;
Number of applications in CLAIMS: 17,344;
Number of applications approved: 7,174.
Principal or dependent: Principal;
Category of applicant: Parolee;
Number of applications in CLAIMS: 8,904;
Number of applications approved: 3,037.
Principal or dependent: Principal;
Category of applicant: Child without parents;
Number of applications in CLAIMS: 1,230;
Number of applications approved: 164.
Principal or dependent: Principal;
Category of applicant: Orphaned child;
Number of applications in CLAIMS: 240;
Number of applications approved: 35.
Principal or dependent: Principal;
Category of applicant: Abandoned child;
Number of applications in CLAIMS: 481;
Number of applications approved: 42.
Principal or dependent: Dependent;
Category of applicant: Spouse;
Number of applications in CLAIMS: 3,864;
Number of applications approved: 1,485.
Principal or dependent: Dependent;
Category of applicant: Child;
Number of applications in CLAIMS: 8,343;
Number of applications approved: 5,493.
Principal or dependent: Dependent;
Category of applicant: Unmarried son or daughter;
Number of applications in CLAIMS: 438;
Number of applications approved: 108.
Total;
Category of applicant: [Empty];
Number of applications in CLAIMS: 40,844;
Number of applications approved: 17,538.
Source: USCIS data.
[End of table]
HRIFA Applications Filed with and Approved by EOIR:
Through March 31, 2007, EOIR data from ANSIR showed that 2,020 HRIFA
applications had been filed with EOIR, of which 797 had been approved
for adjustment of status.[Footnote 7] Table 2 provides information on
the categories and numbers of HRIFA applicants and approvals.
Table 2: HRIFA Applications and Categories of Applications Filed with
and Approved by EOIR, through March 31, 2007:
Principal or dependent: Principal;
Category of applicant: Asylum;
Number of applications in ANSIR: 1,113;
Number of applications approved: 426.
Principal or dependent: Principal;
Category of applicant: Parolee;
Number of applications in ANSIR: 478;
Number of applications approved: 178.
Principal or dependent: Principal;
Category of applicant: Child without parents;
Number of applications in ANSIR: 105;
Number of applications approved: 43.
Principal or dependent: Principal;
Category of applicant: Orphaned child;
Number of applications in ANSIR: 16;
Number of applications approved: 6.
Principal or dependent: Principal;
Category of applicant: Abandoned child;
Number of applications in ANSIR: 23;
Number of applications approved: 11.
Principal or dependent: Dependent;
Category of applicant: Spouse;
Number of applications in ANSIR: 184;
Number of applications approved: 86.
Principal or dependent: Dependent;
Category of applicant: Child;
Number of applications in ANSIR: 83;
Number of applications approved: 38.
Principal or dependent: Dependent;
Category of applicant: Unmarried son or daughter;
Number of applications in ANSIR: 18;
Number of applications approved: 9.
Total;
Category of applicant: [Empty];
Number of applications in ANSIR: 2,020;
Number of applications approved: 797.
Source: EOIR data.
[End of table]
Objectives, Scope, and Methodology:
Our objectives for this report were to determine (1) the number and
categories of applicants who filed applications with USCIS or EOIR and
(2) the number and categories of applicants whose applications were
approved by USCIS or EOIR. To attain these objectives, we relied on
USCIS and EOIR to provide us with data from their CLAIMS and ANSIR
systems, respectively, on applicants and the number of approvals. We
assessed the reliability of the data by reviewing existing information
about the data and the system that produced them, and we questioned
agency officials knowledgeable about the data. We determined that the
data were sufficiently reliable for the purposes of this report. We
conducted our work in April 2007, in accordance with generally accepted
government auditing standards.
We provided the Departments of Justice (DOJ) and Homeland Security
(DHS) with a draft of this report for comment. DOJ and DHS had no
comments on the report.
We are providing copies of this report to the Attorney General and the
Secretary of the Department of Homeland Security and will make copies
available to others upon request. If you have any questions about this
report, please contact me at (202) 512-8777. The key contributors to
this assignment were Evi Rezmovic and R.E. Canjar.
Signed by:
Richard M. Stana:
Director, Homeland Security and Justice Issues:
(440609):
FOOTNOTES
[1] Pub. L. No. 105-277, tit. IX, 112 Stat. 2681-538.
[2] The previous reports were (1) GAO, Immigration Benefits:
Applications for Adjustment of Status under the Haitian Refugee
Immigration Fairness Act of 1998, GAO/GGD-99-92R (Washington, D.C.:
Apr. 21, 1999); (2) Immigration Benefits: Second Report Required by the
Haitian Refugee Immigration Fairness Act of 1998, GAO/GGD-00-25R
(Washington, D.C.: Oct. 19, 1999); (3) Immigration Benefits: Third
Report Required by the Haitian Refugee Immigration Fairness Act of
1998, GAO/GGD-00-122R (Washington, D.C.: Apr. 14, 2000); (4)
Immigration Benefits: Fourth Report Required by the Haitian Refugee
Immigration Fairness Act of 1998, GAO-01-118R (Washington, D.C.: Oct.
20, 2000); (5) Immigration Benefits: Fifth Report Required by the
Haitian Immigration Fairness Act of 1998, GAO-01-651R (Washington,
D.C.: Apr. 20, 2001); (6) Immigration Benefits: Sixth Report Required
by the Haitian Immigration Fairness Act of 1998, GAO-02-114R
(Washington, D.C.: Oct. 22, 2001); (7) Immigration Benefits: Seventh
Report Required by the Haitian Immigration Fairness Act of 1998, GAO-
02-600R (Washington, D.C.: Apr. 18, 2002); (8) Immigration Benefits:
Eighth Report Required by the Haitian Immigration Fairness Act of 1998,
GAO-03-240R (Washington, D.C.: Oct. 22, 2002); (9) Immigration
Benefits: Ninth Report Required by the Haitian Refugee Immigration
Fairness Act of 1998, GAO-03-681R (Washington, D.C.: Apr. 21, 2003);
(10) Immigration Benefits: Tenth Report Required by the Haitian Refugee
Immigration Fairness Act of 1998, GAO-04-189R (Washington, D.C.: Oct.
17, 2003); (11) Immigration Benefits: Eleventh Report Required by the
Haitian Refugee Immigration Fairness Act of 1998, GAO-04-1030R
(Washington, D.C.: Aug. 13, 2004); (12) Immigration Benefits: Twelfth
Report Required by the Haitian Refugee Immigration Fairness Act of
1998, GAO-05-481R (Washington, D.C.: Apr. 14, 2005), (13) Immigration
Benefits: Thirteenth Report Required by the Haitian Refugee Immigration
Fairness Act of 1998, GAO-06-122R (Washington, D.C.: Oct. 21, 2005),
(14) Immigration Benefits: Fourteenth Report Required by the Haitian
Refugee Immigration Fairness Act of 1998, GAO-06-589R (Washington,
D.C.: April 21, 2006); and (15) Immigration Benefits: Fifteenth Report
Required by the Haitian Refugee Immigration Fairness Act of 1998, GAO-
07-168R (Washington, D.C.: November 9, 2006).
[3] On March 1, 2003, INS was transferred from the Department of
Justice to the Department of Homeland Security. Within Homeland
Security, the adjudication of HRIFA benefits is the responsibility of
USCIS.
[4] EOIR was not transferred to the Department of Homeland Security and
remains part of the Department of Justice.
[5] The Legal Immigration and Family Equity Act (title XI of Pub. L.
No. 106-553, as amended by title XV of Pub. L. No. 106-554) went into
effect on December 21, 2000. This act amended HRIFA to waive certain
grounds of inadmissibility for aliens applying for relief under HRIFA.
Regulations implementing these changes to HRIFA went into effect on May
31, 2001, and motions to reopen immigration court proceedings for
aliens made eligible for HRIFA benefits by these changes had to be
filed by June 19, 2001.
[6] Although March 31, 2000, was the application deadline for
principals to file applications for adjustment of status under HRIFA,
there have continued to be slight increases in CLAIMS in the number of
principal applicants. According to USCIS, CLAIMS data may be adjusted
for various reasons. For example, USCIS may determine that a
principal's application was rejected in error during the filing period
that ended on March 31, 2000; or, a principal may have submitted the
application to a field office, and the application may not have been
correctly routed to the Nebraska Service Center. As USCIS becomes aware
of such cases, it enters them into CLAIMS.
[7] Principal applicants who filed an initial application for benefits
with the Immigration and Naturalization Service on or before the filing
deadline of March 31, 2000, may renew their application for HRIFA
benefits with EOIR even after the deadline. Such cases, which would be
entered into ANSIR when the application is renewed before EOIR, account
for increases in the total number of principal applicants over time.
GAO's Mission:
The Government Accountability Office, the audit, evaluation and
investigative arm of Congress, exists to support Congress in meeting
its constitutional responsibilities and to help improve the performance
and accountability of the federal government for the American people.
GAO examines the use of public funds; evaluates federal programs and
policies; and provides analyses, recommendations, and other assistance
to help Congress make informed oversight, policy, and funding
decisions. GAO's commitment to good government is reflected in its core
values of accountability, integrity, and reliability.
Obtaining Copies of GAO Reports and Testimony:
The fastest and easiest way to obtain copies of GAO documents at no
cost is through GAO's Web site (www.gao.gov). Each weekday, GAO posts
newly released reports, testimony, and correspondence on its Web site.
To have GAO e-mail you a list of newly posted products every afternoon,
go to www.gao.gov and select "Subscribe to Updates."
Order by Mail or Phone:
The first copy of each printed report is free. Additional copies are $2
each. A check or money order should be made out to the Superintendent
of Documents. GAO also accepts VISA and Mastercard. Orders for 100 or
more copies mailed to a single address are discounted 25 percent.
Orders should be sent to:
U.S. Government Accountability Office 441 G Street NW, Room LM
Washington, D.C. 20548:
To order by Phone: Voice: (202) 512-6000 TDD: (202) 512-2537 Fax: (202)
512-6061:
To Report Fraud, Waste, and Abuse in Federal Programs:
Contact:
Web site: www.gao.gov/fraudnet/fraudnet.htm E-mail: fraudnet@gao.gov
Automated answering system: (800) 424-5454 or (202) 512-7470:
Congressional Relations:
Gloria Jarmon, Managing Director, JarmonG@gao.gov (202) 512-4400 U.S.
Government Accountability Office, 441 G Street NW, Room 7125
Washington, D.C. 20548:
Public Affairs:
Paul Anderson, Managing Director, AndersonP1@gao.gov (202) 512-4800
U.S. Government Accountability Office, 441 G Street NW, Room 7149
Washington, D.C. 20548:
