This is the accessible text file for GAO report number GAO-03-681R entitled 'Immigration Benefits: Ninth Report Required by the Haitian Refugee Immigration Fairness Act of 1998' which was released on April 21, 2003. This is the accessible text file for GAO report number GAO-03-681R entitled ‘Immigration Benefits: Ninth Report Required by the Haitian Refugee Immigration Fairness Act of 1998’. This text file was formatted by the U.S. General Accounting 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. United States General Accounting Office: Washington, DC 20548: April 21, 2003: The Honorable Ted Stevens Chairman The Honorable Robert C. Byrd Ranking Member Committee on Appropriations United States Senate: The Honorable Orrin G. Hatch Chairman The Honorable Patrick J. Leahy Ranking Member Committee on the Judiciary United States Senate: The Honorable C.W. Bill Young Chairman The Honorable David R. Obey Ranking Member Committee on Appropriations House of Representatives: The Honorable F. James Sensenbrenner, Jr. Chairman The Honorable John Conyers, Jr. Ranking Member Committee on the Judiciary House of Representatives: Subject: Immigration Benefits: Ninth 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 legal 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 legal 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 ninth report.[Footnote 2] Results in Brief: Through March 31, 2003, the Bureau of Citizenship and Immigration Services (BCIS), formerly part of the Immigration and Naturalization Service (INS), had received a total of 37,295 HRIFA applications and had approved 9,555 of these applications.[Footnote 3] The Executive Office for Immigration Review (EOIR) had 665 applications filed and had approved 183 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 BCIS’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 BCIS examiners. An application may be adjudicated at the service center or in a BCIS 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 BCIS officials. If an interview is required or other issues need to be resolved, the application is to be forwarded to the appropriate BCIS district where the applicant can be interviewed and the application adjudicated. Data on Haitian applicants are to be entered in BCIS’s Computer Linked Application Information System (CLAIMS). Haitian nationals who are eligible for HRIFA should file their applications with EOIR rather than BCIS 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 BCIS.[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 filing 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 BCIS: Through March 31, 2003, BCIS data showed that it had received 37,295 HRIFA applications at its Nebraska Service Center, all of which had been entered into CLAIMS. The categories and numbers of these applicants are shown in table 1. Through March 31, 2003, BCIS had approved 9,555 applications for adjustment of status under HRIFA. Table 1: HRIFA Applications and Categories of Applications Received and Approved by BCIS, through March 31, 2003: Principal or dependent: Principal; Category of applicant: Asylum; Number of applications in CLAIMS: 17,318; Number of applications approved: 5,320. Principal or dependent: Principal; Category of applicant: Parolee; Number of applications in CLAIMS: 8,898; Number of applications approved: 2,271. Principal or dependent: Principal; Category of applicant: Child without parents; Number of applications in CLAIMS: 1,228; Number of applications approved: 92. Principal or dependent: Principal; Category of applicant: Orphaned child; Number of applications in CLAIMS: 240; Number of applications approved: 18. Principal or dependent: Principal; Category of applicant: Abandoned child; Number of applications in CLAIMS: 480; Number of applications approved: 15. Principal or dependent: Dependent; Category of applicant: Spouse; Number of applications in CLAIMS: 3,317; Number of applications approved: 624. Principal or dependent: Dependent; Category of applicant: Child; Number of applications in CLAIMS: 5,485; Number of applications approved: 1,157. Principal or dependent: Dependent; Category of applicant: Unmarried son or daughter; Number of applications in CLAIMS: 329; Number of applications approved: 58. Principal or dependent: Total; Category of applicant: [Empty]; Number of applications in CLAIMS: 37,295; Number of applications approved: 9,555. Source: BCIS data. [End of table]: HRIFA Applications Filed with and Approved by EOIR: Through March 31, 2003, EOIR data from ANSIR showed that 665 HRIFA applications had been filed with EOIR, of which 183 had been approved for adjustment of status. 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, 2003: Principal or dependent: Principal; Category of applicant: Asylum; Number of applications in ANSIR: 463; Number of applications approved: 104. Principal or dependent: Principal; Category of applicant: Parolee; Number of applications in ANSIR: 106; Number of applications approved: 34. Principal or dependent: Principal; Category of applicant: Child without parents; Number of applications in ANSIR: 34; Number of applications approved: 19. Principal or dependent: Principal; Category of applicant: Orphaned; Number of applications in ANSIR: 5; Number of applications approved: 4. Principal or dependent: Principal; Category of applicant: Abandoned child; Number of applications in ANSIR: 3; Number of applications approved: 3. Principal or dependent: Dependent; Category of applicant: Spouse; Number of applications in ANSIR: 34; Number of applications approved: 11. Principal or dependent: Dependent; Category of applicant: Child; Number of applications in ANSIR: 15; Number of applications approved: 5. Principal or dependent: Dependent; Category of applicant: Unmarried son or daughter; Number of applications in ANSIR: 5; Number of applications approved: 3. Principal or dependent: Total; Category of applicant: [Empty]; Number of applications in ANSIR: 665; Number of applications approved: 183. 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 BCIS or EOIR and (2) the number and categories of applicants whose applications were approved by BCIS or EOIR. To attain these objectives, we relied on BCIS and EOIR to provide us with data on applicants and the number of approvals. We did not independently verify the data provided by BCIS or EOIR. We conducted our work between March and April 2003, in accordance with generally accepted government auditing standards. We provided the Departments of Justice and Homeland Security with a draft of this report for comment and received their informal comments on April 16, 2003. BCIS and EOIR 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 contributor to this assignment was Jay Jennings. Laurie E. Ekstrand Director, Homeland Security and Justice Issues: Signed by Laurie E. Ekstrand FOOTNOTES [1] P.L. 105-277, 112 Stat. 2681-538. [2] The previous reports were (1) U.S. General Accounting Office, 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 Refugee Immigration Fairness Act of 1998, GAO-03-240R (Washington, D.C.: Oct. 22, 2002). [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 BCIS. [4] EOIR was not transferred to Homeland Security and remains part of the Department of Justice. [5] The Legal Immigration and Family Equity Act (title XI of P.L. 106- 553, as amended by title XV of P.L. 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. Interim regulations implementing these changes to HRIFA went into effect on May 31, 2001. GAO’s Mission: The General Accounting 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 the Internet. GAO’s Web site (www.gao.gov) contains abstracts and full-text files of current reports and testimony and an expanding archive of older products. The Web site features a search engine to help you locate documents using key words and phrases. You can print these documents in their entirety, including charts and other graphics. Each day, GAO issues a list of newly released reports, testimony, and correspondence. GAO posts this list, known as “Today’s Reports,” on its Web site daily. The list contains links to the full-text document files. To have GAO e-mail this list to you every afternoon, go to www.gao.gov and select “Subscribe to daily E-mail alert for newly released products” under the GAO Reports heading. : 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. General Accounting 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 : Public Affairs: Jeff Nelligan, managing director, NelliganJ@gao.gov (202) 512-4800 U.S. General Accounting Office, 441 G Street NW, Room 7149 Washington, D.C. 20548: