Iraq
Iraqi Refugees and Special Immigrant Visa Holders Face Challenges Resettling in the United States and Obtaining U.S. Government Employment Gao ID: GAO-10-274 March 9, 2010Since the February 2006 bombing of the Al-Askari Mosque in Samara that triggered the displacement of thousands of Iraqis, the United States has taken a lead role in resettling the displaced. The administration has indicated its intent to assist those Iraqis who supported the United States in Iraq. In addition, Congress authorized the Departments of Defense (DOD) and State (State) to jointly establish and operate a program to offer temporary employment to Iraqi special immigrant visa (SIV) holders in the United States. This report provides information on the (1) status of resettled Iraqis in the United States and the initial challenges they face, (2) benefits afforded Iraqi refugees and SIV holders, and (3) challenges they face obtaining employment with the federal government. GAO conducted this review under the Comptroller General's authority. GAO analyzed data on Iraqi refugees and SIV holders in the United States, and laws and regulations on the benefits afforded to them. GAO also analyzed U.S. government employment and personnel security requirements. GAO interviewed officials from five key agencies regarding these requirements. This report does not contain recommendations. DOD provided official comments. State and the Departments of Homeland Security and Health and Human Services (HHS) provided technical comments. GAO incorporated these comments, as appropriate.
Between fiscal years 2006 and 2009, the United States admitted 34,470 Iraqi refugees under State's Refugee Admissions Program. In addition, State issued 4,634 SIVs to Iraqis pursuant to two programs, established by Congress to help Iraqis who previously worked for the U.S. government in Iraq. Resettlement agencies, working under cooperative agreements with State, have resettled Iraqis throughout the United States but particularly in California and Michigan. These agencies have found that Iraqis arrive in the United States with high levels of trauma, injury, and illness, which contribute to the challenges they face in resettling in a new country. In addition, entry-level jobs normally available to refugees are scarce and more competitive in the current economic downturn. Iraqi refugees generally have high levels of education, according to U.S. officials and representatives from the resettlement agencies. Nevertheless, Iraqis have struggled to find entry-level employment in the United States. Iraqi refugees and SIV holders are eligible for resettlement assistance and public benefits upon arrival in the United States. State provides resettlement agencies $1,800 per person to cover basic housing, food, and assistance for accessing services during their first 30 days in the United States; however, support may continue for up to 90 days if basic needs have not been met. Refugees automatically receive these benefits; Iraqi SIV holders must elect to receive them within 10 days of receiving their visas. In addition, qualified Iraqi refugees and, as a result of December 2009 legislation, qualified SIV holders can receive certain assistance for up to 7 years through public benefits programs. Prior to December 19, 2009, Iraqi SIV holders' eligibility for public benefits generally ceased after 8 months. Both groups can also receive up to 8 months of cash and medical assistance from HHS if they do not qualify for public benefits. In addition, HHS funds social services, including job preparation, English language classes, and assistance with job interviews, for which Iraqi refugees and SIV holders may be eligible for up to 5 years. Iraqi refugees and SIV holders, including those who acted as interpreters and linguists for civilian agencies and military commands in Iraq, have limited opportunities for federal employment. Most federal positions in the United States require U.S. citizenship and background investigations; certain positions, including most positions related to Arabic or Iraq, also require security clearances, which noncitizens cannot obtain. However, GAO did identify positions at DOD's Defense Language Institute and State's Foreign Service Institute open to qualified noncitizens. Finally, State and DOD have not established the temporary program intended to offer employment to Iraqi SIV holders under authority granted the agencies in fiscal year 2009 legislation. Although both agencies have positions requiring Arabic language skills, neither identified any unfilled needs that could be met by employing Iraqi SIV holders through this joint program.
GAO-10-274, Iraq: Iraqi Refugees and Special Immigrant Visa Holders Face Challenges Resettling in the United States and Obtaining U.S. Government Employment
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Report to Congressional Committees:
United States Government Accountability Office:
GAO:
March 2010:
Iraq:
Iraqi Refugees and Special Immigrant Visa Holders Face Challenges
Resettling in the United States and Obtaining U.S. Government
Employment:
GAO-10-274:
GAO Highlights:
Highlights of GAO-10-274, a report to congressional committees.
Why GAO Did This Study:
Since the February 2006 bombing of the Al-Askari Mosque in Samara that
triggered the displacement of thousands of Iraqis, the United States
has taken a lead role in resettling the displaced. The administration
has indicated its intent to assist those Iraqis who supported the
United States in Iraq. In addition, Congress authorized the
Departments of Defense (DOD) and State (State) to jointly establish
and operate a program to offer temporary employment to Iraqi special
immigrant visa (SIV) holders in the United States.
This report provides information on the (1) status of resettled Iraqis
in the United States and the initial challenges they face, (2)
benefits afforded Iraqi refugees and SIV holders, and (3) challenges
they face obtaining employment with the federal government. GAO
conducted this review under the Comptroller General‘s authority.
GAO analyzed data on Iraqi refugees and SIV holders in the United
States, and laws and regulations on the benefits afforded to them. GAO
also analyzed U.S. government employment and personnel security
requirements. GAO interviewed officials from five key agencies
regarding these requirements.
This report does not contain recommendations. DOD provided official
comments. State and the Departments of Homeland Security and Health
and Human Services (HHS) provided technical comments. GAO incorporated
these comments, as appropriate.
What GAO Found:
Between fiscal years 2006 and 2009, the United States admitted 34,470
Iraqi refugees under State‘s Refugee Admissions Program. In addition,
State issued 4,634 SIVs to Iraqis pursuant to two programs,
established by Congress to help Iraqis who previously worked for the
U.S. government in Iraq. Resettlement agencies, working under
cooperative agreements with State, have resettled Iraqis throughout
the United States but particularly in California and Michigan. These
agencies have found that Iraqis arrive in the United States with high
levels of trauma, injury, and illness, which contribute to the
challenges they face in resettling in a new country. In addition,
entry-level jobs normally available to refugees are scarce and more
competitive in the current economic downturn. Iraqi refugees generally
have high levels of education, according to U.S. officials and
representatives from the resettlement agencies. Nevertheless, Iraqis
have struggled to find entry-level employment in the United States.
Iraqi refugees and SIV holders are eligible for resettlement
assistance and public benefits upon arrival in the United States.
State provides resettlement agencies $1,800 per person to cover basic
housing, food, and assistance for accessing services during their
first 30 days in the United States; however, support may continue for
up to 90 days if basic needs have not been met. Refugees automatically
receive these benefits; Iraqi SIV holders must elect to receive them
within 10 days of receiving their visas. In addition, qualified Iraqi
refugees and, as a result of December 2009 legislation, qualified SIV
holders can receive certain assistance for up to 7 years through
public benefits programs. Prior to December 19, 2009, Iraqi SIV holders‘
eligibility for public benefits generally ceased after 8 months. Both
groups can also receive up to 8 months of cash and medical assistance
from HHS if they do not qualify for public benefits. In addition, HHS
funds social services, including job preparation, English language
classes, and assistance with job interviews, for which Iraqi refugees
and SIV holders may be eligible for up to 5 years.
Iraqi refugees and SIV holders, including those who acted as
interpreters and linguists for civilian agencies and military commands
in Iraq, have limited opportunities for federal employment. Most
federal positions in the United States require U.S. citizenship and
background investigations; certain positions, including most positions
related to Arabic or Iraq, also require security clearances, which
noncitizens cannot obtain. However, GAO did identify positions at DOD‘
s Defense Language Institute and State‘s Foreign Service Institute
open to qualified noncitizens. Finally, State and DOD have not
established the temporary program intended to offer employment to
Iraqi SIV holders under authority granted the agencies in fiscal year
2009 legislation. Although both agencies have positions requiring
Arabic language skills, neither identified any unfilled needs that
could be met by employing Iraqi SIV holders through this joint program.
View [hyperlink, http://www.gao.gov/products/GAO-10-274] or key
components. For more information, contact Joseph A. Christoff at (202)
512-8979 or christoffj@gao.gov.
[End of section]
Contents:
Letter:
Background:
Iraqi Refugees and SIV Holders Arrive under Three Different U.S.
Programs and Face Challenges upon Arrival in the United States:
As of December 2009, Iraqi SIV Holders Are Eligible for Resettlement
Assistance and Public Benefits to the Same Extent as Refugees:
Iraqi Refugees and SIV Holders Face Challenges in Obtaining U.S.
Government Employment:
Agency Comments and Our Evaluation:
Appendix I: Objectives, Scope, and Methodology:
Appendix II: Initial Resettlement, by State, of Iraqi Refugees and
Special Immigrant Visa Holders, Fiscal Years 2006 through 2009:
Appendix III: Comments from the Department of Defense:
Appendix IV: GAO Contact and Staff Acknowledgments:
Tables:
Table 1: Iraqi Refugee Admissions to the United States, Fiscal Years
2006 through 2009:
Table 2: Special Immigrant Visas Issued to Iraqis, Fiscal Years 2007
through 2009:
Table 3: Arabic Language Positions in the United States at DOD and
State for Eligible Noncitizens, as of November 6, 2009:
Table 4: Initial Resettlement, by State, of Iraqi Refugees and Special
Immigrant Visa Holders, Fiscal Years 2006 through 2009:
Figures:
Figure 1: Initial Resettlement, by State, of Iraqi Refugees and
Special Immigrant Visa Holders, Fiscal Years 2006 through 2009:
Figure 2: Highlights of Resettlement Assistance Available to Iraqi
Refugees and Special Immigrant Visa Holders in the United States:
Abbreviations:
CBP: U.S. Customs and Border Protection:
DHS: Department of Homeland Security:
DLI: Defense Language Institute:
DOD: Department of Defense:
DOJ: Department of Justice:
FSI: Foreign Service Institute:
HHS: Department of Health and Human Services:
NDAA: National Defense Authorization Act:
NGO: nongovernmental organization:
OPE: overseas processing entity:
OPM: Office of Personnel Management:
ORR: Office of Refugee Resettlement:
PRM: Bureau of Population, Refugees, and Migration:
SCHIP: State Children's Health Insurance Program:
SIV: special immigrant visa:
SNAP: Supplemental Nutrition Assistance Program:
SSI: Supplemental Security Income:
TANF: Temporary Assistance for Needy Families:
UNHCR: United Nations High Commissioner for Refugees:
USAID: U.S. Agency for International Development:
USCIA: U.S. Citizenship and Immigration Services:
[End of section]
United States Government Accountability Office:
Washington, DC 20548:
March 9, 2010:
Congressional Committees:
The February 2006 bombing of the Al-Askari Mosque in Samara triggered
sectarian violence in Iraq and increased the number of displaced
Iraqis. The United States has taken a lead role in resettling
displaced Iraqis under the Department of State's (State) Refugee
Admissions Program. In addition, Congress established two special
immigrant visa (SIV) programs to help qualified Iraqis who previously
worked for the U.S. government in Iraq to immigrate to the United
States.[Footnote 1] The administration has indicated its intent to
assist those Iraqis who supported the United States in Iraq. Many
worked for the United States as translators, interpreters, or
contractors. In addition, Congress authorized the Departments of
Defense (DOD) and State to jointly establish and operate a program to
offer temporary employment to Iraqi SIV holders in the United States
as translators, interpreters, or cultural awareness instructors.
[Footnote 2]
GAO previously reported on U.S. and international efforts to protect
and assist Iraqi refugees in neighboring countries.[Footnote 3] In
this report, we (1) provide information on the status of resettled
Iraqis in the United States and the initial challenges they face, (2)
review the benefits afforded Iraqi refugees and SIV holders, and (3)
review the challenges Iraqi refugees and SIV holders face in obtaining
employment with the federal government. Due to broad congressional and
national interest in the U.S. engagement in Iraq, this work was
conducted under the Comptroller General's authority to conduct
evaluations on his own initiative. The late Senator Edward Kennedy,
former chairman of the Senate Committee on Health, Education, Labor,
and Pensions, also requested that GAO conduct this work.
To address our objectives, we collected and analyzed relevant laws,
regulations, and agency policies on Iraqi refugees and SIV holders
resettling in the United States and the benefits afforded them. We
also interviewed officials from State's Bureaus of Population,
Refugees, and Migration (PRM) and Consular Affairs; the Department of
Homeland Security's (DHS) U.S. Citizenship and Immigration Services
(USCIS) and Customs and Border Protection (CBP); and the Department of
Health and Human Services' (HHS) Office of Refugee Resettlement (ORR).
We also interviewed representatives from 10 resettlement agencies that
work with PRM and ORR to provide benefits and services to refugees and
SIV holders. In addition, we analyzed relevant laws, regulations,
executive orders, and agency policies on U.S. government employment
and personnel security requirements. We interviewed officials from the
Office of Personnel Management (OPM) regarding requirements for U.S.
government employment. We also interviewed program, human resource,
and security officials from five key agencies--DOD, State, DHS, the
Department of Justice (DOJ), and the U.S. Agency for International
Development (USAID)--regarding their employment and personnel security
requirements for positions in the United States. We chose these
agencies because they have national security missions, ongoing
programs in Iraq, and need for personnel with Arabic language skills.
We focused on employment in the United States because generally Iraqi
refugees and SIV holders who want to apply for U.S. citizenship must
reside in the United States for a certain period of time. In addition,
refugees' ability to apply for permanent resident status[Footnote 4]
could be delayed if they travel overseas.[Footnote 5] We did not
develop an inventory of the agencies' needs for Arabic language skills
or Iraqi expertise. The majority of our audit work was completed prior
to the December 2009 passage of the fiscal year 2010 Department of
Defense Appropriations Act,[Footnote 6] which changed Iraqi SIV
holders' eligibility for public benefits, and the fiscal year 2010
Consolidated Appropriations Act,[Footnote 7] which made changes to a
long standing restriction on the use of appropriated funds to employ
noncitizens by the federal government in the United States. We updated
our report to reflect these changes, as appropriate. A detailed
description of our scope and methodology is included in appendix I.
We conducted our work from July 2009 to March 2010 in accordance with
all sections of GAO's Quality Assurance Framework that are relevant to
our objectives. The framework requires that we plan and perform the
engagement to obtain sufficient and appropriate evidence to meet our
stated objectives and to discuss any limitations in our work. We
believe that the information and data obtained, and the analysis
conducted, provide a reasonable basis for any findings and conclusions.
Background:
According to the International Organization for Migration, the
February 2006 bombing of the Al-Askari Mosque in Samara triggered
sectarian violence, which increased the number of displaced Iraqis.
Although military operations, crime, and general insecurity remained
factors, sectarian violence became the primary driver for population
displacement. Many Iraqis fled their country and immigrated to
neighboring countries, particularly to Syria and Jordan.
According to United Nations High Commissioner for Refugees (UNHCR),
the 1951 United Nations Convention Relating to the Status of Refugees
and its 1967 Protocol provide the foundation for modern refugee
protection. According to the Convention, a refugee is someone who,
"owing to a well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group, or
political opinion, is outside the country of his nationality, and is
unable or, owing to such fear, is unwilling to avail himself of the
protection of that country.—" UNHCR is mandated to find solutions to
the plight of refugees. According to UNHCR, three solutions are
available:
* First, voluntary repatriation is the preferred solution for the
majority of refugees. Most refugees prefer to return home as soon as
circumstances permit (generally when a conflict has ended and a degree
of stability has been restored). UNHCR promotes, supports, and
facilitates voluntary repatriation as the best solution for displaced
people, provided it is safe and reintegration is viable.
* Second, UNHCR may help refugees integrate and settle in the
"asylum," or host, country where they reside as refugees. Some
refugees cannot or are unwilling to return because they would face
persecution. According to UNHCR, relatively few host countries allow
refugees to settle.
* Third, UNHCR may assist refugees in permanently resettling in third
countries. According to UNHCR, only a small number of nations take
part in UNHCR resettlement programs worldwide and accept annual quotas
of refugees. According to State, historically, less than 1 percent of
registered refugees are resettled in third countries. Of the Iraqis
resettling in third countries in 2009, UNHCR referred 75 percent
(about 62,000) for resettlement in the United States.[Footnote 8]
This report focuses on the third solution--those Iraqis resettled in
the United States. When Iraqi refugees and SIV holders arrive in the
United States, they have access to federal-and state-funded assistance
[Footnote 9] to help them reach self-sufficiency in their new
communities. State has primary responsibility for funding and
administering initial reception and placement benefits for refugees
and SIV holders upon their arrival in the United States. State's PRM
has cooperative agreements with 10 resettlement agencies that
coordinate with local affiliates across the country to make referrals
and to administer resettlement services and other assistance. HHS's
ORR administers cash and medical assistance, and employment and other
social services through the states and resettlement agencies that
coordinate services for refugees across the country.
Regarding federal government employment, individuals are generally
employed in the competitive, excepted, or Senior Executive Service.
When hiring for competitive service positions, agencies use a
competitive examination process set forth in Title 5 of the U.S. Code.
Some agencies have excepted service positions for which they are not
required to follow OPM's competitive examination process; instead, the
agencies have the authority to establish their own hiring procedures.
When agencies hire for career senior executive positions--top-level
policy, supervisory, and managerial positions--the individual's
executive and managerial qualifications must be reviewed and approved
by an OPM-administered Senior Executive Service Qualifications Review
Board. According to OPM data, the majority of civil service employees
in the United States are in the competitive service.
Iraqi Refugees and SIV Holders Arrive under Three Different U.S.
Programs and Face Challenges upon Arrival in the United States:
Between fiscal years 2006 and 2009, the United States has admitted
34,470 Iraqi refugees under State's Refugee Admissions Program. Since
fiscal year 2007, State has issued 4,634 SIVs to Iraqis.[Footnote 10]
Resettlement agencies, working under cooperative agreements with
State, have resettled Iraqis throughout the United States, but
particularly in California and Michigan. These agencies have found
that Iraqis arrive in the United States with high levels of trauma,
injury, and illness, which contribute to the challenges they face in
resettling in a new country. In addition, entry-level jobs normally
available to refugees are scarce and more competitive in the current
economic downturn.
Iraqi Refugees and SIV Holders Arrive under One of Three Different
U.S. Programs:
State's PRM manages the U.S. Refugee Admissions Program (USRAP)--the
U.S. government's program for accepting and processing refugee
applications for resettlement in the United States. PRM's regional
refugee coordinator accepts referrals from UNHCR, embassies, and
certain nongovernmental organizations (NGO). Certain categories of
Iraqis with U.S. affiliations do not need a referral and may apply
directly for refugee consideration under a direct access program in
Jordan, Egypt, and Iraq.[Footnote 11] Overseas processing entities
(OPE), working under a cooperative agreement with State, prescreen the
referrals and prepare application forms by collecting and verifying
personal and family information, obtaining details of persecution or
feared harm, and initiating security name checks. Once the OPE
prescreens the case, it is provided to DHS's U.S. Citizenship and
Immigration Services (USCIS), which makes periodic visits to the
region to interview refugees and adjudicate their applications for
resettlement in the United States. Once USCIS preliminarily approves
cases, they are returned to the OPE, which continues processing
medical screenings, sponsorship (i.e., the identification of the U.S.-
based resettlement agency that will provide initial resettlement
benefits), travel arrangements, and cultural orientation, among other
things. The cultural orientation, which is a voluntary course for all
refugees over the age of 15, addresses essential topics related to
processing, travel, and resettlement, such as the role of the
resettlement agency, housing, employment, health, and money
management. While the OPE coordinates outprocessing, PRM secures a
sponsoring resettlement agency in the United States. From fiscal years
2006 through 2009, the United States admitted 34,470 Iraqi refugees
(see table 1).
Table 1: Iraqi Refugee Admissions to the United States, Fiscal Years
2006 through 2009:
Fiscal year: 2006;
Referred from UNHCR, embassies, and certain NGOs: 183;
Applied through Direct Access Program: 0;
Other: 19;
Total: 202.
Fiscal year: 2007;
Referred from UNHCR, embassies, and certain NGOs: 1,592;
Applied through Direct Access Program: 0;
Other: 16;
Total: 1,608.
Fiscal year: 2008;
Referred from UNHCR, embassies, and certain NGOs: 13,600;
Applied through Direct Access Program: 187;
Other: 35;
Total: 13,822.
Fiscal year: 2009;
Referred from UNHCR, embassies, and certain NGOs: 15,758;
Applied through Direct Access Program: 2,905;
Other: 175;
Total: 18,838.
Fiscal year: Total;
Referred from UNHCR, embassies, and certain NGOs: 31,133;
Applied through Direct Access Program: 3,092;
Other: 245;
Total: 34,470.
Source: State.
Note: Other includes family members of persons lawfully admitted to
the United States as refugees.
[End of table]
DHS and State's Bureau of Consular Affairs also have implemented two
SIV programs, established by Congress, to further assist qualified
Iraqis who worked for or on behalf of the U.S. government and who want
to immigrate to the United States. Both programs cover the principal
Iraqi applicants and their dependents. Iraqi SIV holders are admitted
into the United States as lawful permanent residents. The first SIV
program, established under section 1059 of the NDAA for fiscal year
2006, targets Iraqi and Afghan translators and their dependents.
[Footnote 12] The second SIV program, established under section 1244
of the NDAA for fiscal year 2008, targets certain Iraqis who had been
U.S. government employees, contractors, or subcontractors and their
dependents. In January 2008, Congress authorized that up to 5,000
Iraqis per year for the next 5 fiscal years, who had worked for or on
behalf of the U.S. government in Iraq and had experienced or were
experiencing an ongoing serious threat as a consequence, can receive
SIVs.[Footnote 13] Some Iraqi refugees may also qualify for the SIV
programs.
To apply for special immigrant status, eligible Iraqis may file a
petition, including a favorable recommendation from their U.S.
civilian or military supervisor documenting their service. USCIS sends
approved petitions to State's National Visa Center, which contacts
applicants to set up an in-person interview at an embassy or a
consulate. Consular officials interview applicants, review the
submitted documents and security and medical clearances, and issue an
immigrant visa if candidates satisfy all criteria. At the end of
fiscal year 2009, State had issued 2,389 SIVs to principal Iraqi
applicants out of a maximum authorized 11,050 principal-applicant
visas. Under the two programs, the United States issued 4,634 Iraqi
SIVs from fiscal years 2007 through 2009 (see table 2). It is unclear
how many Iraqis with SIVs have entered the United States. USCIS
provided us with data on the number of Iraqi and Afghan SIV holders
who were admitted into the United States as permanent residents (or
green card holders) between fiscal years 2007 and 2009. Iraqi and
Afghan SIVs are issued based on an applicant's nationality. USCIS
provided us these data by applicants' country of birth, but could not
provide the data by nationality. Therefore, we report only Iraqi SIV
issuance data.
Table 2: Special Immigrant Visas Issued to Iraqis, Fiscal Years 2007
through 2009:
Section 1059[A]: [Empty];
Section 1059[A]: [Empty].
Fiscal year: 2007;
Principal applicants: Number authorized: 500;
Principal applicants: Number issued: Section 1059[A]: 429;
Dependents: Number issued: 383;
Total issued: 812.
Fiscal year: 2008;
Principal applicants: Number authorized: 500;
Principal applicants: Number issued: Section 1059[A]: 357;
Dependents: Number issued: 350;
Total issued: 707.
Fiscal year: 2009;
Principal applicants: Number authorized: 50;
Principal applicants: Number issued: Section 1059[A]: 28;
Dependents: Number issued: 59;
Total issued: 87.
Fiscal year: Total;
Principal applicants: Number authorized: 1,050;
Principal applicants: Number issued: Section 1059[A]: 814;
Dependents: Number issued: 792;
Total issued: 1,606.
Fiscal year: 2008;
Principal applicants: Number authorized: 5,000;
Principal applicants: Number issued: Section 1244: 169;
Dependents: Number issued: 125;
Total issued: 294.
Fiscal year: 2009;
Principal applicants: Number authorized: 5,000;
Principal applicants: Number issued: Section 1244: 1,406;
Dependents: Number issued: 1,328;
Total issued: 2,734.
Fiscal year: Total;
Principal applicants: Number authorized: 10,000;
Principal applicants: Number issued: Section 1244: 1,575;
Dependents: Number issued: 1,453;
Total issued: 3,028.
Fiscal year: Total;
Principal applicants: Number authorized: 11,050;
Principal applicants: Number issued: Section 1059 and Section 1244:
2,389;
Dependents: Number issued: 2,245;
Total issued: 4,634.
Source: State.
Note: Issuance data do not indicate number of SIV holders who have
been admitted into the United States.
[A] The Section 1059 program targets Iraqi and Afghan translators and
their dependents. These data are only for Iraqi SIV holders and do not
include Afghan SIV holders.
[End of table]
Iraqi Refugees and SIV Holders Have Resettled Across the United States:
Since fiscal year 2006, Iraqi refugees and SIV holders have resettled
in communities across the United States. Placement decisions consider
the location of an individual's family members, potential medical
needs, and municipal and sponsoring agency capacity to accept and
provide for refugees and SIV holders. The largest populations of
recently resettled Iraqis are in California, Michigan, Texas, Arizona,
Illinois, and Virginia (see figure 1 and appendix II for more
information).
Figure 1: Initial Resettlement, by State, of Iraqi Refugees and
Special Immigrant Visa Holders, Fiscal Years 2006 through 2009:
[Refer to PDF for image: U.S. map and associated data]
State: Alabama:
Combined refugees and SIV holders: 211.
State: Alaska:
Combined refugees and SIV holders: 113.
State: Arizona:
Combined refugees and SIV holders: 2,598.
State: Arkansas:
Combined refugees and SIV holders: 11.
State: California:
Combined refugees and SIV holders: 8,468.
State: Colorado:
Combined refugees and SIV holders: 496.
State: Connecticut:
Combined refugees and SIV holders: 296.
State: Delaware:
Combined refugees and SIV holders: 5.
State: District of Columbia:
Combined refugees and SIV holders: 76.
State: Florida:
Combined refugees and SIV holders: 504.
State: Georgia:
Combined refugees and SIV holders: 884.
State: Hawaii:
Combined refugees and SIV holders: 0.
State: Idaho:
Combined refugees and SIV holders: 570.
State: Illinois:
Combined refugees and SIV holders: 2,329.
State: Indiana:
Combined refugees and SIV holders: 79.
State: Iowa:
Combined refugees and SIV holders: 268.
State: Kansas:
Combined refugees and SIV holders: 136.
State: Kentucky:
Combined refugees and SIV holders: 611.
State: Louisiana:
Combined refugees and SIV holders: 125.
State: Maine:
Combined refugees and SIV holders: 54.
State: Maryland:
Combined refugees and SIV holders: 401.
State: Massachusetts:
Combined refugees and SIV holders: 954.
State: Michigan:
Combined refugees and SIV holders: 5,546.
State: Minnesota:
Combined refugees and SIV holders: 157.
State: Mississippi:
Combined refugees and SIV holders: 12.
State: Missouri:
Combined refugees and SIV holders: 618.
State: Montana:
Combined refugees and SIV holders: 7.
State: Nebraska:
Combined refugees and SIV holders: 123.
State: Nevada:
Combined refugees and SIV holders: 219.
State: New Hampshire:
Combined refugees and SIV holders: 149.
State: New Jersey:
Combined refugees and SIV holders: 238.
State: New Mexico:
Combined refugees and SIV holders: 143.
State: New York:
Combined refugees and SIV holders: 909.
State: North Carolina:
Combined refugees and SIV holders: 543.
State: North Dakota:
Combined refugees and SIV holders: 259.
State: Ohio:
Combined refugees and SIV holders: 615.
State: Oklahoma:
Combined refugees and SIV holders: 72.
State: Oregon:
Combined refugees and SIV holders: 220.
State: Pennsylvania:
Combined refugees and SIV holders: 778.
State: Rhode Island:
Combined refugees and SIV holders: 73.
State: South Carolina:
Combined refugees and SIV holders: 93.
State: South Dakota:
Combined refugees and SIV holders: 113.
State: Tennessee:
Combined refugees and SIV holders: 697.
State: Texas:
Combined refugees and SIV holders: 2,977.
State: Utah:
Combined refugees and SIV holders: 491.
State: Vermont:
Combined refugees and SIV holders: 88.
State: Virginia:
Combined refugees and SIV holders: 1,319.
State: Washington:
Combined refugees and SIV holders: 626.
State: West Virginia:
Combined refugees and SIV holders: 16.
State: Wisconsin:
Combined refugees and SIV holders: 175.
State: Wyoming:
Combined refugees and SIV holders: 0.
States with Highest Volume of Refugee and SIV Holder Arrivals:
Virginia: 1,319;
Illinois: 2,329;
Arizona: 2,598;
Texas: 2,977;
Michigan: 5,546;
California: 8,468.
Source: GAO analysis of State PRM data.
Note: Iraqi SIV data include only those 1,995 SIV holders (out of
4,634 total issued visas) who signed up to receive PRM-funded
resettlement and placement benefits. Arrival data are only for the
state in which Iraqis were resettled as of their 30th day in the
United States.
[End of figure]
Iraqi Refugees and SIV Holders Face Challenges Resettling in the
United States:
According to NGOs and resettlement agencies, the U.S. refugee
resettlement program has been strained by a growing number of Iraqi
and Afghan refugees and the economic downturn in the United States. In
June 2009, the International Rescue Committee reported that the high
levels of trauma, injury, and illness among Iraqi refugees contribute
to the precarious nature of their resettlement.[Footnote 14] Moreover,
unemployment and homelessness threaten Iraqi refugees and other
populations recently resettled in the United States, according to NGOs
and resettlement agencies. In October 2009, the Georgetown Law School
reported that a Michigan resettlement office received funding in 2008
for 300 refugees, but served more than 1,200. Caseworkers, dealing
with an average of 120 cases at a time--up from 30 the year before--
could not provide what they considered sufficient employment services.
[Footnote 15] According to the International Rescue Committee report
and resettlement agency officials we interviewed, some Iraqi refugees
face eviction because they cannot pay their rent.
The present economic downturn has made jobs normally available to
refugees, such as entry-level jobs with limited English proficiency,
scarce and more competitive. An ORR official stated that, before the
current economic recession, refugees could regularly secure such jobs,
but since the recession these positions are generally not available.
Most of the resettlement agencies stated that it is taking longer than
usual--often as long as 6 months, and in some cases, 9 to 10 months--
for incoming refugees to find employment. U.S. officials and
resettlement agencies stated that without jobs, some refugees are
unable to get by on the levels of assistance afforded them by the U.S.
refugee resettlement program.
Iraqi refugees, in particular, have faced difficulties finding work
despite their relatively high levels of education, according to PRM,
ORR, and USCIS officials, and representatives from the resettlement
agencies. According to an ORR official and resettlement agency
officials, the U.S. resettlement program does not take into account
refugees' prior work experience and education in job placements.
Rather, the focus of the program is on securing early employment for
refugees. PRM data indicate that many Iraqi refugees who were
resettled in the United States in fiscal years 2007 through 2009
reported having some secondary education[Footnote 16]. PRM, ORR, and
the resettlement agencies reported that educated Iraqis are struggling
to find entry-level employment in the United States, much less
employment in their professional field of work. For example, we
interviewed three Iraqi refugees about their experience searching for
employment in the United States. Two had worked for the U.S.
government in Iraq, and one was unable to find an entry-level position
requiring no formal education. This individual estimated that he had
applied for more than 30 low-skill jobs, such as for a busboy and
cleaner, before his former U.S. supervisor in Iraq helped him find a
job.
As of December 2009, Iraqi SIV Holders Are Eligible for Resettlement
Assistance and Public Benefits to the Same Extent as Refugees:
Iraqi refugees and SIV holders are eligible for PRM-funded basic needs
support and services upon arrival in the United States. In addition,
qualified Iraqi refugees and--as a result of December 2009
legislation--qualified Iraqi SIV holders can receive certain
assistance generally for up to 7 years through public benefits
programs. Prior to December 19, 2009, Iraqi SIV holders' eligibility
for public benefits generally ceased after 8 months. Both groups can
receive up to 8 months of ORR-funded cash and medical assistance.
According to PRM, its assistance typically lasts for 30 days; however,
support may continue for up to 90 days if basic needs have not been
met. All refugees automatically receive this assistance, which
includes travel arrangements to their assigned resettlement location,
basic housing, food allowances, school enrollments, and referrals for
medical needs, through the resettlement agencies. As of January 1,
2010, PRM provides the resettlement agencies $1,800 per refugee to
cover the direct and administrative costs of the assistance. Prior to
January 1, 2010, PRM provided resettlement agencies $900 per refugee.
Iraqi SIV holders do not automatically receive these benefits; they
must sign up to receive them within 10 days of receiving their visas.
SIV holders who do not accept PRM benefits make their own travel
arrangements and may resettle anywhere in the United States. According
to PRM data, 1,995 SIV holders (out of 4,634 total issued visas for
these years) have participated in the PRM program since 2007, when
Iraqi SIV holders were first authorized to access these benefits.
Qualified Iraqi refugees and, as of December 19, 2009, qualified Iraqi
SIV holders may be eligible for federal public benefit programs,
including Temporary Assistance for Needy Families (TANF), Medicaid and
State Children's Health Insurance Program (SCHIP), Supplemental
Security Income (SSI), and Supplemental Nutrition Assistance Program
(SNAP, formerly the Food Stamp Program),[Footnote 17] for generally up
to 7 years, depending on the program and the state.[Footnote 18]
Permanent residents (such as Iraqi SIV holders) are generally barred
from receiving certain public benefits for their first 5 years in the
United States.[Footnote 19] However, in 2007, Congress passed
legislation establishing that Iraqi SIV holders could receive public
benefits for up to 6 months.[Footnote 20] In 2008, Congress extended
their allowance to 8 months.[Footnote 21] The DOD Appropriations Act
for fiscal year 2010 included a provision which allows Iraqi SIV
holders to be eligible for public benefits to the same extent, and for
the same period of time, as refugees. Relevant agencies are in the
process of issuing guidance to further define the application of this
provision to Iraqi SIV holders.
In addition, ORR funds social services, for which Iraqi refugees and
SIV holders may be eligible, for up to 5 years. ORR social services,
which include job preparation, English language classes, and
assistance with job interviews, do not have income requirements and
are designed to find refugees employment within 1 year of enrollment.
Figure 2 provides information on the types of resettlement assistance
available to qualified Iraqi refugees and SIV holders, and the impact
of the December 19, 2009, legislation on the duration of time for
which they may be eligible for this assistance.
Figure 2: Highlights of Resettlement Assistance Available to Iraqi
Refugees and Special Immigrant Visa Holders in the United States:
[Refer to PDF for image: illustrated table]
Immediate Needs:
Program: PRM reception and placement services;
Description: Reception at airport; Transportation to resettlement
destination;
Benefits eligibility timeline (from date of arrival, in years): As of
December 19, 2009: Iraqi refugees and SIV holders: Upon arrival;
Benefits eligibility timeline (from date of arrival, in years): Prior
to December 19, 2009: Iraqi SIV holders: Up to 3 months.
Program: PRM reception and placement services;
Description: Initial food, housing, and necessary clothing; Referrals
to medical, training, and other social service programs;
Benefits eligibility timeline (from date of arrival, in years): As of
December 19, 2009: Iraqi refugees and SIV holders: Upon arrival;
Benefits eligibility timeline (from date of arrival, in years): Prior
to December 19, 2009: Iraqi SIV holders: Up to 3 months.
Cash and medical assistance:
Either:
Program: TANF;
Description: Time-limited cash assistance and other support services
for qualifying low-income individuals with dependent children;
Benefits eligibility timeline (from date of arrival, in years): As of
December 19, 2009: Iraqi refugees and SIV holders: Up to 5 years;
Benefits eligibility timeline (from date of arrival, in years): Prior
to December 19, 2009: Iraqi SIV holders: Up to 8 months[A,B].
Or:
Program: Refugee Cash Assistance (RCA);
Description: Program similar to TANF for refugees and Iraqi SIV
holders who do not qualify for TANF;
Benefits eligibility timeline (from date of arrival, in years): As of
December 19, 2009: Iraqi refugees and SIV holders: Up to 8 months;
Benefits eligibility timeline (from date of arrival, in years): Prior
to December 19, 2009: Iraqi SIV holders: Up to 8 months.
Program: SSI;
Description: Cash assistance to low-income individuals who are aged,
blind, or disabled;
Benefits eligibility timeline (from date of arrival, in years): As of
December 19, 2009: Iraqi refugees and SIV holders: Up to 7 years[C];
Benefits eligibility timeline (from date of arrival, in years): Prior
to December 19, 2009: Iraqi SIV holders: Up to 8 months[A,D].
Either:
Program: Medicaid/SCHIP[E];
Description: Health care coverage for qualifying low-income
individuals;
Benefits eligibility timeline (from date of arrival, in years): As of
December 19, 2009: Iraqi refugees and SIV holders: Up to 7 years;
Benefits eligibility timeline (from date of arrival, in years): Prior
to December 19, 2009: Iraqi SIV holders: Up to 8 months[A,B].
Or:
Program: Refugee Medical Assistance (RMA);
Description: Program similar to Medicaid for refugees and Iraqi SIV
holders who do not qualify for Medicaid;
Benefits eligibility timeline (from date of arrival, in years): As of
December 19, 2009: Iraqi refugees and SIV holders: Up to 8 months;
Benefits eligibility timeline (from date of arrival, in years): Prior
to December 19, 2009: Iraqi SIV holders: Up to 8 months.
Social and employment services:
Program: ORR social services;
Description: Emphasis on getting refugees early employment, including
employment preparation and job placement and retention services;
Benefits eligibility timeline (from date of arrival, in years): As of
December 19, 2009: Iraqi refugees and SIV holders: Up to 5 years[F];
Benefits eligibility timeline (from date of arrival, in years): Prior
to December 19, 2009: Iraqi SIV holders: Up to 8 months.
Other benefits:
Program: SNAP, formerly Food Stamp Program;
Description: Food assistance for qualifying low-income individuals;
Benefits eligibility timeline (from date of arrival, in years): As of
December 19, 2009: Iraqi refugees and SIV holders: Eligible
indefinitely;
Benefits eligibility timeline (from date of arrival, in years): Prior
to December 19, 2009: Iraqi SIV holders: Up to 8 months[A,G,H].
Source: GAO.
Notes:
Section 8120(a) of the DOD Appropriations Act for fiscal year 2010
changed Iraqi SIV holders' eligibility, as of December 19, 2009.
Relevant agencies are in the process of issuing guidance to further
define the application of this provision to Iraqi SIV holders.
This figure does not include all exceptions to the general eligibility
time frames for refugees and SIV holders to receive federal programs.
Rather, we included those exceptions most relevant to the Iraqi SIV
holders and refugees who have entered the United States since the
start of the Iraq war.
In general, to receive benefits, Iraqi refugees and SIV holders must
meet all financial and nonfinancial eligibility criteria of each
program. However, PRM's reception and placement benefits and ORR's
social services benefits are not subject to financial eligibility
criteria. In addition, once refugees or permanent residents obtain
citizenship, their eligibility for SSI, TANF, Medicaid, SCHIP, or SNAP
is the same as the eligibility for any U.S. citizen. Their eligibility
for ORR Social Services ends when they obtain citizenship.
[A] Iraqi SIV holders in the United States who were veterans of, or on
active duty in, the United States Military, or their spouse, unmarried
dependent child, or unremarried surviving spouse, continued to be
eligible beyond 8 months.
[B] Iraqi SIV holders generally would have been re-eligible after 5
years, though states are authorized to provide or deny Medicaid or
TANF to most permanent residents after they completed the 5-year
waiting period.
[C] The SSI Extension for Elderly and Disabled Refugees Act (Pub. Law
No. 110-328) provides additional benefits for up to 2 years, and in
certain cases 3 years, for qualifying immigrant SSI recipients who
meet certain requirements. This extension is effective from October 1,
2008, until September 30, 2011, after which time noncitizens'
eligibility reverts to 7 years.
[D] Iraqi SIV holders would have needed to be in the United States for
5 years and have been credited with 40 work quarters to be re-eligible
for SSI benefits.
[E] Both refugees and SIV holders are eligible for emergency Medicaid
from the date of their arrival in the United States, if they otherwise
meet the eligibility requirements for their state's Medicaid program.
[F] ORR social services include citizenship and naturalization
preparation services and referral and interpretation services, which
may be offered beyond 5 years.
[G] Children under the age of 18 continue to be eligible for this
program beyond these time limits.
[H] Iraqi SIV holders would have been re-eligible for this program
after 5 years in the United States.
[End of figure]
As figure 2 also shows, Iraqi refugees and SIV holders who are not
eligible for TANF or Medicaid may be eligible for ORR-funded Refugee
Cash Assistance (RCA)[Footnote 22] and Refugee Medical Assistance
(RMA) for up to 8 months.[Footnote 23] According to ORR, most Iraqi
refugees and SIV holders who do not qualify for TANF or Medicaid are
eligible for RCA and RMA. Refugee resettlement assistance programs,
such as cash assistance, ensure that refugees become self-sufficient
as quickly as possible after they arrive in the United States. To
participate in RCA, qualifying refugees and SIV holders must register
for employment services and generally accept the first job offered,
unless they can show good cause for not accepting the position.
Iraqi Refugees and SIV Holders Face Challenges in Obtaining U.S.
Government Employment:
Current requirements make it difficult for qualified Iraqi refugees
and SIV holders to obtain U.S. government employment. Specifically,
most federal jobs in the United States require U.S. citizenship and
background investigations, and Arabic language positions often require
security clearances, which noncitizens cannot obtain. Over the course
of our work, we identified two institutes at DOD and State that have
some flexibility in hiring noncitizens for U.S. positions. Finally,
DOD and State have not implemented a program intended to employ SIV
holders under authority granted in 2009 legislation.
Most Federal Positions in the United States Require U.S. Citizenship
and Background Investigations; Most Arabic Positions Also Require a
Security Clearance:
U.S. government hiring requirements limit the extent to which
noncitizens--including Iraqi refugees and SIV holders--can be employed
in federal government positions in the United States. Iraqi refugees
and SIV holders seeking federal government employment also face
challenges posed by requirements for background investigations, and,
for certain positions, security clearances.
First, U.S. government agencies are restricted from employing
noncitizens in competitive service positions.[Footnote 24] For
example, USCIS reported that it may employ only U.S. citizens and
nationals as Arabic language specialists because the positions are in
the competitive service. Under a provision passed in the fiscal year
2010 Consolidated Appropriations Act, agencies can use appropriated
funds to employ qualifying permanent residents and refugees seeking
U.S. citizenship in the excepted service or the Senior Executive
Service.[Footnote 25] Second, a particular agency may have specific
legislation that prohibits that agency from employing noncitizens in
certain positions. For example, State may employ only U.S. citizens in
the Foreign Service,[Footnote 26] including its overseas positions
that require Arabic.[Footnote 27] Similarly, DHS's Transportation
Security Administration may only employ U.S. citizens as
Transportation Security Officers.[Footnote 28]
According to OPM officials, it is difficult to complete background
investigations, which are required for all U.S. government
employees,[Footnote 29] on Iraqi refugees and SIV holders. For
example, it is difficult to obtain the information necessary to verify
Iraqi refugees' or SIV holders' employment history and other
information required for the investigation.[Footnote 30] In addition,
OPM officials stated that the background checks used to hire Iraqis as
part of the U.S. mission in Iraq are not sufficient to substitute for
the background investigation required for civil service employment in
the United States.
In addition, some U.S. government positions may also require security
clearances to ensure that national security information is entrusted
only to those who have proven reliability and loyalty to the nation;
however, noncitizens cannot obtain security clearances.[Footnote 31]
Four of the five agencies we reviewed reported that security
clearances are required for most or all of their positions that
require or prefer knowledge of Arabic or Iraq; USAID requires security
clearances for all direct-hire positions. For example, DOD, DHS, and
DOJ have intelligence positions that may require Arabic, but all such
positions require a security clearance. Similarly, USAID officials
said that, while they have a preference for persons who speak Arabic
or have knowledge of Iraq, all civil service and all Foreign Service
positions at USAID require security clearances. In addition, officials
in the Human Rights Violators and War Crimes Unit in DHS's
Immigrations and Customs Enforcement reported that, as of September
2009, there were 20 open investigations that would benefit from Arabic
language skills. However, all staff in the unit must have security
clearances.
DOD and State Have Some Flexibility to Hire Noncitizens for Positions
in the United States:
Certain federal positions in the United States at DOD and State are
open to noncitizens, including Iraqi refugees and SIV holders.
Specifically, as of November 6, 2009, DOD's Defense Language Institute
(DLI) reported having 501 Arabic positions--including 32 open
positions; all were available to noncitizens. Similarly, all 21 Arabic
positions at State's Foreign Service Institute (FSI) are available to
noncitizens, according to FSI (see table 3). Both DLI and FSI reported
that they had previously hired foreign nationals to fill these types
of positions.
Table 3: Arabic Language Positions in the United States at DOD and
State for Eligible Noncitizens, as of November 6, 2009:
U.S. citizens:
DLI Arabic positions: 275;
FSI Arabic positions: 14.
Noncitizens:
DLI Arabic positions: 194;
FSI Arabic positions: 7.
Open positions:
DLI Arabic positions: 32;
FSI Arabic positions: 0.
Total:
DLI Arabic positions: 501;
FSI Arabic positions: 21.
Sources: DOD and State.
Note: DOD data on the number of Arabic positions are based on the
needs of the services and may be higher because they include
supervisory staff who speak Arabic. Under DLI's Faculty Personnel
System, supervisory staff may be moved into teaching positions. DLI
and FSI determined the number of noncitizens by examining personnel
records.
[End of table]
DLI and FSI can hire noncitizens, including Iraqi refugees and SIV
holders, because language instructor positions at DLI and FSI are in
the excepted service.[Footnote 32] Neither DLI nor FSI require
security clearances because Arabic instructors do not require access
to classified information, according to personnel officials at each
institute. However, the positions do require background
investigations. The positions may also require degrees or other
educational backgrounds.
DOD and State Have Not Used Their Statutory Authority to Employ Iraqi
SIV Holders:
In fiscal year 2009, the NDAA[Footnote 33] authorized DOD and State to
jointly establish a temporary program to employ Iraqi SIV holders who
have resettled in the United States as translators, interpreters, and
cultural awareness instructors, but the agencies have not done so.
According to OPM officials, DOD and State are authorized to hire Iraqi
SIV holders as (1) temporary employees in excepted service positions,
[Footnote 34] or (2) as personal services contractors, in which case
they are not federal employees. In the committee report for the fiscal
year 2010 NDAA,[Footnote 35] the House Armed Services Committee noted
that Iraqi SIV holders' fluency in Arabic and knowledge of Iraq could
be useful to the U.S. government. The committee also noted that many
of the SIV holders worked on behalf of the United States and coalition
forces for years, often at great risk to themselves or their families.
Although DOD and State have needs for Arabic speakers, such as
language instructors at DLI and FSI, DOD policy officials and State
human resource officials stated that the agencies do not plan to
establish this program to employ qualified Iraqi SIV holders to fill
any unmet needs.[Footnote 36] A senior DOD policy official stated that
DOD's human resources divisions did not have a need for additional
Arabic speakers. Moreover, DOD and State officials stated that the
departments did not receive any funding for the program.
Agency Comments and Our Evaluation:
DOD provided written comments on a draft of this report (see appendix
III). State, DHS, and HHS provided technical comments, which we
incorporated, as appropriate. We also sent a draft of this report to
DOJ, USAID, and OPM, but they did not provide comments.
DOD noted that it is meeting its need for translators, interpreters,
and cultural awareness instructors with knowledge of Arabic or Iraq
through existing hiring authorities. Therefore, as we state in our
report, DOD has not identified a need to establish the temporary
employment program for Iraqi SIV holders pursuant to the NDAA for
fiscal year 2009.
We are sending copies of this report to interested congressional
committees and the Secretaries of State, Defense, Health and Human
Services, and Homeland Security, as well as the Attorney General, the
Administrator of USAID, and the Director of OPM. This report will also
be available at no charge on the GAO Web site at [hyperlink,
http://www.gao.gov]. If you or your staff have any questions about
this report, please contact me at (202) 512-8979 or
christoffj@gao.gov. Contact points for our Offices of Congressional
Relations and Public Affairs may be found on the last page of this
report. Key contributors to this report are listed in appendix IV.
Signed by:
Joseph A. Christoff:
Director International Affairs and Trade:
List of Committees:
The Honorable Carl Levin:
Chairman:
The Honorable John McCain:
Ranking Member:
Committee on the Armed Services:
United States Senate:
The Honorable John F. Kerry:
Chairman:
The Honorable Richard G. Lugar:
Ranking Member:
Committee on Foreign Relations:
United States Senate:
The Honorable Joseph I. Lieberman:
Chairman:
The Honorable Susan M. Collins:
Ranking Member:
Committee on Homeland Security and Governmental Affairs:
United States Senate:
The Honorable John Cornyn:
Ranking Member:
Subcommittee on Immigration, Refugees, and Border Security:
Committee on the Judiciary:
United States Senate:
The Honorable Ike Skelton:
Chairman:
The Honorable Howard McKeon:
Ranking Member:
Committee on Armed Services:
House of Representatives:
The Honorable Howard L. Berman:
Chairman:
The Honorable Ileana Ros-Lehtinen:
Ranking Member:
Committee on Foreign Affairs:
House of Representatives:
The Honorable Edolphus Towns:
Chairman:
The Honorable Darrell E. Issa:
Ranking Member:
Committee on Oversight and Government Reform:
House of Representatives:
The Honorable Zoe Lofgren:
Chair:
The Honorable Steve King:
Ranking Member:
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law:
Committee on the Judiciary:
House of Representatives:
The Honorable John F. Tierney:
Chairman:
The Honorable Jeffrey Lane Flake:
Ranking Member:
Subcommittee on National Security and Foreign Affairs:
Committee on Oversight and Government Reform:
House of Representatives:
[End of section]
Appendix I: Objectives, Scope, and Methodology:
In this report, we (1) provide information on the status of resettled
Iraqis in the United States and the initial challenges they face, (2)
review the benefits afforded to Iraqi refugees and special immigrant
visa (SIV) holders, and (3) review the challenges faced by Iraqi
refugees and SIV holders in obtaining employment with the federal
government.
To provide information on the number and location of resettled Iraqis
and the initial challenges they face, we collected and analyzed
documentation and interviewed officials from the Department of State's
(State) Bureau of Population, Refugees, and Migration (PRM) and
Consular Affairs; the Department of Health and Human Services' (HHS)
Office of Refugee Resettlement (ORR); and the Department of Homeland
Security's (DHS) U.S. Citizenship and Immigration Services (USCIS). In
addition, we interviewed representatives from 10 resettlement agencies
that work with PRM and ORR to provide benefits and services to Iraqi
refugees and SIV holders: Church World Service; Episcopal Migration
Ministries; Ethiopian Community Development Council; Hebrew Immigrant
Aid Society; Iowa Department of Human Services, Bureau of Refugee
Services; International Rescue Committee; Lutheran Immigration and
Refugee Service; U.S. Committee for Refugees and Immigrants; U.S.
Conference of Catholic Bishops; and World Relief. We also interviewed
two nongovernmental organizations (NGO) that work with PRM and ORR to
provide technical assistance to resettlement agencies on refugee
employment and cultural adjustment issues. We reviewed reports issued
by NGOs on the status of Iraqi refugees in the United States and the
challenges they face in resettling in this country. We interviewed
several Iraqi refugees about their resettlement experiences; their
views or experiences may not be representative of other refugees or
SIV holders.
To determine the reliability of Consular Affairs data on Iraqi SIV
issuances, we interviewed the Consular Affairs official who maintains
this data. We determined that the data were sufficiently reliable to
report on the number of Iraqi SIVs issued between fiscal years 2007
and 2009. USCIS provided us with data on the number of Iraqi and
Afghan SIV holders who were admitted into the United States as
permanent residents (or green card holders) between fiscal years 2007
and 2009. Iraqi and Afghan SIVs are issued based on an applicant's
nationality. USCIS provided us these data by applicants' country of
birth, but could not provide the data by nationality. As a result, we
determined that these data were not sufficiently reliable to indicate
how many Iraqi SIV holders were admitted into the United States during
this time period. Therefore, we report only Iraqi SIV issuance data.
To determine the reliability of PRM data on resettled Iraqi refugees
and SIV holders, we interviewed the PRM officials who monitor and use
these data. We determined that the data were sufficiently reliable to
report on the number, locations, and reported general education levels
of resettled Iraqis between fiscal years 2006 and 2009.
To review the benefits afforded Iraqi refugees and SIV holders, we
collected and analyzed relevant laws, regulations, and agency policies
regarding federally and state-funded and administered refugee
resettlement programs. We interviewed officials from PRM and ORR to
determine the types of benefits available and their eligibility
requirements. The majority of our audit work was completed prior to
the December 2009 passage of the fiscal year 2010 Department of
Defense (DOD) Appropriations Act, which changed Iraqi SIV holders'
eligibility for public benefits.
To review the challenges Iraqi refugees and SIV holders face in
obtaining employment with the federal government, we analyzed relevant
laws, regulations, executive orders, and agency policies on U.S.
government employment and personnel security requirements. The
majority of our audit work was completed prior to the December 2009
passage of the fiscal year 2010 Consolidated Appropriations Act, which
made changes to a long standing restriction on the use of appropriated
funds to employ noncitizens by the federal government in the United
States. We interviewed officials from the Office of Personnel
Management (OPM) regarding requirements for U.S. government
employment. We also interviewed program, human resource, and security
officials from five key agencies--DOD (specifically, the Army), State,
DHS, the Department of Justice, and the U.S. Agency for International
Development (USAID)--regarding their employment and personnel security
requirements positions in the United States. We chose these agencies
because they have national security missions, ongoing programs in
Iraq, and needs for personnel with Arabic language skills; we did not
include the intelligence community. We focused on employment in the
United States because generally Iraqi refugees and SIV holders who
want to apply for U.S. citizenship must reside in the United States
for a certain period of time. In addition, refugees' ability to apply
for permanent resident status could be delayed if they travel
overseas.[Footnote 37] We did not develop an inventory of the
agencies' needs for Arabic language skills or Iraqi expertise. We also
interviewed policy officials at DOD and State regarding the temporary
program authorized by the fiscal year 2009 Duncan Hunter National
Defense Authorization Act to employ Iraqi SIV holders who have
resettled in the United States as translators, interpreters, and
cultural awareness instructors at DOD and State.
To assess the reliability of data on Arabic positions at DOD's Defense
Language Institute (DLI) and State's Foreign Service Institute (FSI),
we interviewed human resource officials at DLI, DOD's U.S. Army
Training and Doctrine Command, and FSI. We determined that the data
were sufficiently reliable to report on the number of Arabic positions
at DLI and FSI.
[End of section]
Appendix II: Initial Resettlement, by State, of Iraqi Refugees and
Special Immigrant Visa Holders, Fiscal Years 2006 through 2009:
Table 4 provides data on the numbers of Iraqi refugees and special
immigrant visa (SIV) holders who were resettled in the United States
from fiscal years 2006 through 2009. The six states with the highest
numbers in each category are noted with an asterisk.
Table 4: Initial Resettlement, by State, of Iraqi Refugees and Special
Immigrant Visa Holders, Fiscal Years 2006 through 2009:
State: Alabama;
Iraqi refugees: 204;
Iraqi special immigrant visa holders: 7;
Total: 211.
State: Alaska;
Iraqi refugees: 2;
Iraqi special immigrant visa holders: 111*;
Total: 113.
State: Arizona;
Iraqi refugees: 2,590*;
Iraqi special immigrant visa holders: 8;
Total: 2,598*.
State: Arkansas;
Iraqi refugees: 11;
Iraqi special immigrant visa holders: 0;
Total: 11.
State: California;
Iraqi refugees: 8,215*;
Iraqi special immigrant visa holders: 253*;
Total: 8,468*.
State: Colorado;
Iraqi refugees: 422;
Iraqi special immigrant visa holders: 74;
Total: 496.
State: Connecticut;
Iraqi refugees: 262;
Iraqi special immigrant visa holders: 34;
Total: 296.
State: Delaware;
Iraqi refugees: 5;
Iraqi special immigrant visa holders: 0;
Total: 5.
State: District of Columbia;
Iraqi refugees: 72;
Iraqi special immigrant visa holders: 4;
Total: 76.
State: Florida;
Iraqi refugees: 462;
Iraqi special immigrant visa holders: 42;
Total: 504.
State: Georgia;
Iraqi refugees: 856;
Iraqi special immigrant visa holders: 28;
Total: 884.
State: Hawaii;
Iraqi refugees: 0;
Iraqi special immigrant visa holders: 0;
Total: 0.
State: Idaho;
Iraqi refugees: 544;
Iraqi special immigrant visa holders: 26;
Total: 570.
State: Illinois;
Iraqi refugees: 2,244*;
Iraqi special immigrant visa holders: 85;
Total: 2,329*.
State: Indiana;
Iraqi refugees: 78;
Iraqi special immigrant visa holders: 1;
Total: 79.
State: Iowa;
Iraqi refugees: 255;
Iraqi special immigrant visa holders: 13;
Total: 268.
State: Kansas;
Iraqi refugees: 134;
Iraqi special immigrant visa holders: 2;
Total: 136.
State: Kentucky;
Iraqi refugees: 585;
Iraqi special immigrant visa holders: 26;
Total: 611.
State: Louisiana;
Iraqi refugees: 121;
Iraqi special immigrant visa holders: 4;
Total: 125.
State: Maine;
Iraqi refugees: 54;
Iraqi special immigrant visa holders: 0;
Total: 54.
State: Maryland;
Iraqi refugees: 362;
Iraqi special immigrant visa holders: 39;
Total: 401.
State: Massachusetts;
Iraqi refugees: 937;
Iraqi special immigrant visa holders: 17;
Total: 954.
State: Michigan;
Iraqi refugees: 5,416*;
Iraqi special immigrant visa holders: 130*;
Total: 5,546*.
State: Minnesota;
Iraqi refugees: 152;
Iraqi special immigrant visa holders: 5;
Total: 157.
State: Mississippi;
Iraqi refugees: 11;
Iraqi special immigrant visa holders: 1;
Total: 12.
State: Missouri;
Iraqi refugees: 560;
Iraqi special immigrant visa holders: 58;
Total: 618.
State: Montana;
Iraqi refugees: 7;
Iraqi special immigrant visa holders: 0;
Total: 7.
State: Nebraska;
Iraqi refugees: 91;
Iraqi special immigrant visa holders: 32;
Total: 123.
State: Nevada;
Iraqi refugees: 218;
Iraqi special immigrant visa holders: 1;
Total: 219.
State: New Hampshire;
Iraqi refugees: 149;
Iraqi special immigrant visa holders: 0;
Total: 149.
State: New Jersey;
Iraqi refugees: 229;
Iraqi special immigrant visa holders: 9;
Total: 238.
State: New Mexico;
Iraqi refugees: 139;
Iraqi special immigrant visa holders: 4;
Total: 143.
State: New York;
Iraqi refugees: 863;
Iraqi special immigrant visa holders: 46;
Total: 909.
State: North Carolina;
Iraqi refugees: 465;
Iraqi special immigrant visa holders: 78;
Total: 543.
State: North Dakota;
Iraqi refugees: 257;
Iraqi special immigrant visa holders: 2;
Total: 259.
State: Ohio;
Iraqi refugees: 579;
Iraqi special immigrant visa holders: 36;
Total: 615.
State: Oklahoma;
Iraqi refugees: 57;
Iraqi special immigrant visa holders: 15;
Total: 72.
State: Oregon;
Iraqi refugees: 215;
Iraqi special immigrant visa holders: 5;
Total: 220.
State: Pennsylvania;
Iraqi refugees: 725;
Iraqi special immigrant visa holders: 53;
Total: 778.
State: Rhode Island;
Iraqi refugees: 69;
Iraqi special immigrant visa holders: 4;
Total: 73.
State: South Carolina;
Iraqi refugees: 74;
Iraqi special immigrant visa holders: 19;
Total: 93.
State: South Dakota;
Iraqi refugees: 109;
Iraqi special immigrant visa holders: 4;
Total: 113.
State: Tennessee;
Iraqi refugees: 577;
Iraqi special immigrant visa holders: 120*;
Total: 697.
State: Texas;
Iraqi refugees: 2,595*;
Iraqi special immigrant visa holders: 382*;
Total: 2,977*.
State: Utah;
Iraqi refugees: 469;
Iraqi special immigrant visa holders: 22;
Total: 491.
State: Vermont;
Iraqi refugees: 86;
Iraqi special immigrant visa holders: 2;
Total: 88.
State: Virginia;
Iraqi refugees: 1,178*;
Iraqi special immigrant visa holders: 141*;
Total: 1,319*.
State: Washington;
Iraqi refugees: 581;
Iraqi special immigrant visa holders: 45;
Total: 626.
State: West Virginia;
Iraqi refugees: 14;
Iraqi special immigrant visa holders: 2;
Total: 16.
State: Wisconsin;
Iraqi refugees: 170;
Iraqi special immigrant visa holders: 5;
Total: 175.
State: Wyoming;
Iraqi refugees: 0;
Iraqi special immigrant visa holders: 0;
Total: 0.
State: Total;
Iraqi refugees: 34,470;
Iraqi special immigrant visa holders: 1,995;
Total: 36,465.
Source: State.
Note: SIV data include only those applicants who elected to receive
Bureau of Population, Refugees, and Migration-funded resettlement and
placement benefits. Arrival data are only for the state in which
Iraqis were resettled as of their 30th day in the United States.
[End of table]
[End of section]
Appendix III: Comments from the Department of Defense:
Office Of The Under Secretary Of Defense:
4000 Defense Pentagon:
Washington, DC 20301-4000
February 24, 2010:
Mr. Joseph A. Christoff:
Director, International Affairs and Trade:
U.S. Government Accountability Office:
441 G St., NW:
Washington, D.C. 20548:
Dear Mr. Christoff,
This is the Department of Defense (DoD) response to the GAO Draft
Report, GAO 10-274, 'Iraq: Iraqi Refugees and Special Immigrant Visa
Holders Face Challenges Resettling in the United States and Obtaining
U.S. Government Employment,' dated January 22, 2010 (GAO Code 320694).
DoD recognizes the importance of resettling displaced Iraqis and
supports efforts to integrate Iraqis with Arabic language skills into
DoD positions for which they are eligible. The Department is currently
meeting its needs for translators, interpreters, and cultural
awareness instructors with knowledge of Arabic and or Iraqi culture
through existing hiring authorities, and it has the ability to obtain
support from Iraqi Special Immigrant Visa (SIV) holders through the
use of temporary excepted service positions and personal services
contracts.
Therefore, the Department has not identified a need to develop a
temporary employment program for Iraqi SIV holders pursuant to Section
1235 of the National Defense Authorization Act for fiscal year 2009.
If in the future the Department determines that such a program is
needed, we will work with the State Department to determine how best
to implement the authority granted in Section 1235.
Sincerely,
Signed by:
Marilee Fitzgerald:
Acting Deputy Under Secretary of Defense:
Civilian Personnel Policy:
[End of section]
Appendix IV: GAO Contact and Staff Acknowledgments:
GAO Contact:
Joseph A. Christoff, (202) 512-8979, christoffj@gao.gov:
Staff Acknowledgments:
In addition to the contact named above, Tetsuo Miyabara, Assistant
Director; Kathryn H. Bernet; Muriel Brown; Lynn Cothern; Martin de
Alteriis; Etana Finkler; Corissa Kiyan; Mary Moutsos; Steven Putansu;
and Lindsay Read made key contributions to this report.
[End of section]
Footnotes:
[1] Under these programs, Iraqi nationals who worked for the U.S.
government, as defined in each program's authorizing legislation, and
met other conditions are eligible to receive special immigrant visas.
See National Defense Authorization Act for Fiscal Year 2006, Pub. Law
No. 109-163, Section 1059 and National Defense Authorization Act for
Fiscal Year 2008, Pub. Law No. 110-181, Section 1244.
[2] Pub. Law No. 110-417, Sec. 1235, Oct. 14, 2008.
[3] GAO, Iraqi Refugee Assistance: Improvements Needed in Measuring
Progress, Assessing Needs, Tracking Funds, and Developing an
International Strategic Plan, [hyperlink,
http://www.gao.gov/products/GAO-09-120] (Washington, D.C.: Apr. 21,
2009).
[4] Permanent residents are foreign nationals who are legally
permitted to live permanently in the United States. They differ from
other legal noncitizens, such as students, who are admitted into the
country for a specific purpose and temporary period of time.
[5] By law, refugees must apply for permanent resident status 1 year
after entry into the United States. In addition, according to USCIS
officials, if an Iraqi refugee returned to Iraq, it could raise issues
during the inspection process when attempting to return to the United
States, or as part of any application to adjust his/her immigration
status or obtain U.S. citizenship, as it could signal that the
individual's initial refugee claim may be fraudulent.
[6] See Department of Defense Appropriations Act, 2010, Pub. Law No.
111-118, Section 8120(a), Dec. 19, 2009.
[7] See Consolidated Appropriations Act, 2010, Pub. Law No. 111-117,
Division C, Title VII, Section 704, Dec. 16, 2009.
[8] The number of UNHCR referrals is greater than the number of Iraqi
refugees admitted to the United States in fiscal year 2009 because not
all individuals referred by UNHCR are admitted to the United States,
and because individuals referred in 2009 may be admitted in subsequent
years.
[9] Refugee and SIV families may be eligible for certain state-funded
assistance programs, depending on their state's eligibility standards.
[10] Issuance data do not indicate the number of Iraqi SIV holders who
were admitted into the United States.
[11] With the passage of a provision in the National Defense
Authorization Act (NDAA) for Fiscal Year 2008, Pub. Law No. 110-181,
certain refugees of special humanitarian concern could apply directly
to USRAP. Such refugees include Iraqis who worked for the U.S.
government, for a media organization or NGO headquartered in the
United States, or for U.S. contractors, and their family members.
[12] In January 2006, Congress authorized that up to 50 Iraqi or
Afghan translators who worked directly with U.S. armed forces and met
other conditions outlined in the law could receive SIVs during any
fiscal year. Spouses and children of principal applicants are also
eligible to receive SIVs, although these are not counted against the
authorized cap. See NDAA for Fiscal Year 2006, Pub. Law No. 109-163,
Section 1059. In June 2007, Congress amended the program, authorizing
an increase in the limit to 500 SIVs each for fiscal years 2007 and
2008 and expanding it to cover both translators and interpreters who
worked directly for the U.S. armed forces and those who worked under
chief of mission authority. In fiscal year 2009, the authorized number
of SIVs for this program reverted to 50 annually. See An Act to
Increase the Number of Iraqi and Afghani Translators and Interpreters
Who May Be Admitted to the United States as Special Immigrants, and
for Other Purposes, Pub. Law No. 110-36, June 15, 2007.
[13] The applicants must meet other conditions outlined in the law.
The law allows that, if the 5,000 ceiling is not met in any given
year, the unused authorized amounts can be carried over to the
following year. Spouses and children of principal applicants are also
eligible to receive SIVs, although these are not counted against the
5,000 cap. See NDAA for Fiscal Year 2008, Pub. Law No. 110-181,
Section 1244.
[14] International Rescue Committee, Iraqi Refugees in the United
States: In Dire Straits (June 2009).
[15] Georgetown Law School, Refugee Crisis in America: Iraqis and
Their Resettlement Experience (October 2009).
[16] Data are from October 1, 2006, through November 18, 2009.
[17] HHS oversees TANF, Medicaid, and SCHIP. The Social Security
Administration oversees SSI, and the U.S. Department of Agriculture
oversees SNAP.
[18] While TANF, Medicaid, SNAP, and SSI all serve low-income people,
the financial eligibility thresholds, or income limits, for these
benefits differ. Specifically, TANF's income limit varies by state.
Medicaid income limits can also vary by state, as well as type of
recipient. For example, the Medicaid income limits for children
generally range from 100 to 185 percent of the federal poverty
guidelines. The SNAP income limit is generally set at 130 percent of
the federal poverty guidelines. In contrast, SSI's income limit is set
at a fixed dollar amount.
[19] See the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Pub. Law No. 104-193, Aug. 22, 1996.
[20] Consolidated Appropriations Act, 2008, Pub. Law No. 110-161, Dec.
26, 2007.
[21] NDAA for Fiscal Year 2008, Pub. Law No. 110-181, Jan. 28, 2008.
[22] According to ORR officials, adults without dependent children are
the most frequent cases of individuals who do not qualify for TANF,
but who do qualify for RCA.
[23] RCA and RMA has decreased over time, according to ORR. As of
April 1, 1981, refugees were eligible for 36 months of RCA and RMA
benefits. Since October 1, 1991, refugees are limited to 8 months.
[24] Under Executive Order No. 11935, only U.S. citizens and nationals
may be employed in competitive service positions. 41 Fed. Reg. 37,301
(1976). See also 5 C.F.R. sec. 7.3 and sec. 338.101. In rare cases,
agencies can employ noncitizens in competitive service positions, when
necessary, to promote the efficiency of the service--such as if the
agency is unable to find qualified U.S. citizens to fill these
positions. However, the agency must also be in compliance with other
laws on federal hiring of noncitizens.
[25] For many years, Congress has passed an annual ban on the use of
appropriated funds for compensating federal employees working in the
United States who are not U.S. citizens or nationals unless they met
one of several exceptions. Under the Consolidated Appropriations Act,
2010, Pub. Law No. 111-117, Division C, Title VII, Section 704, Dec.
16, 2009, this general prohibition still applies, though there were
changes in several of the exemptions. Under the 2010 provision,
certain groups are now exempt, including: persons who are lawfully
admitted for permanent residence and are seeking citizenship as
outlined in 8 U.S.C. 1324b(a)(3)(B); and persons who are admitted as
refugees under 8 U.S.C. 1157 or granted asylum under 8 U.S.C. 1158 and
who have filed a declaration of intention to become lawful permanent
residents and then citizens, when eligible.
[26] 22 U.S.C. sec. 3941.
[27] In 2008, 43 percent of Foreign Service officers in Arabic
language-designated positions did not meet the language requirements
of their positions (107 officers in 248 filled positions). See GAO,
Department of State: Comprehensive Plan Needed to Address Persistent
Foreign Language Shortfalls, [hyperlink,
http://www.gao.gov/products/GAO-09-955] (Washington, D.C.: Sept. 17,
2009).
[28] 49 U.S.C. sec. 44935(e)(2)(A)(ii).
[29] Executive Order No. 10450. 18 Fed. Reg. 2489 (1953).
[30] The investigation must include a national agency check, including
a check of the FBI's fingerprint files and written inquiries to
appropriate local law enforcement agencies, former employers,
references, and schools attended, according to the Executive Order.
[31] Executive Order No. 12968. 60 Fed. Reg. 40,245 (1995). The
Executive Order also lays out the provisions for Limited Access
Authorizations, which are not security clearances, but which allow
noncitizens limited and controlled access to specific classified
information required by their position. An agency can grant a Limited
Access Authorization only if the past 10 years of the individual's
life can be investigated; additional investigative procedures can also
be undertaken.
[32] In addition, all DOD positions and State's language instructors,
linguists, and other academic and training specialists are exempt from
the ban against using appropriated funds to compensate noncitizens in
federal government positions in the United States. See 10 U.S.C. sec.
1584 and 22 U.S.C. sec. 4024(a)(4)(B).
[33] Duncan Hunter National Defense Authorization Act for Fiscal Year
2009, Pub. Law No. 110-417, Oct. 14, 2008, Sec. 1235.
[34] According to State officials, State derives its authority to hire
non-U.S. citizens from the Foreign Service Act.
[35] Report of the Committee on Armed Services, House of
Representatives, H.R. Rep. No. 111-166 (2009).
[36] GAO has reported about foreign language needs at DOD and State.
See GAO, Military Training: DOD Needs a Strategic Plan and Better
Inventory and Requirements Data to Guide Development of Language
Skills and Regional Proficiency, [hyperlink,
http://www.gao.gov/products/GAO-09-568] (Washington, D.C.: June 19,
2009); and [hyperlink, http://www.gao.gov/products/GAO-09-955]. In
addition, GAO plans to issue reports in 2010 on DHS's foreign language
requirements and on the supply, demand, capacity, and future need of
foreign language expertise in the federal government.
[37] By law, refugees must apply for permanent resident status 1 year
after entry into the United States. In addition, according to USCIS
officials, if an Iraqi refugee returned to Iraq, it could raise issues
during the inspection process when attempting to return to the United
States, or as part of any applications to adjust his/her immigration
status or obtain U.S. citizenship, as it could signal that the
individual's initial refugee claim may be fraudulent.
[End of section]
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