Immigration Control: Deporting and Excluding Aliens From the United States
GGD-90-18
Published: Oct 26, 1989. Publicly Released: Nov 01, 1989.
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Highlights
Pursuant to a congressional request, GAO analyzed: (1) legal and administrative provisions governing the Immigration and Naturalization Service's (INS) release of aliens pending their deportation hearings held by the Department of Justice's Executive Office for Immigration Review (EOIR); (2) the frequency and conditions under which INS released aliens pending hearings and appeals; and (3) the number of aliens who did not appear at hearings and the consequences of their failure to appear.
Recommendations
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| Since the length of time aliens have spent in the country, which can be used to support their claims for relief, continues to build even after the hearing process has started, Congress should amend the Immigration and Nationality Act to preclude aliens from accumulating time toward relief from deportation after INS has served them with an order to show cause. |
Closed – Not Implemented
|
Congress passed the Immigration Act of 1990. The act included two other recommendations GAO made, but did not take any action on this recommendation. Therefore, the likelihood of action on this recommendation is very remote. |
| Since, under existing laws, aliens who have entered the country illegally or violated the conditions of their legal entry can claim relief from deportation, Congress should amend the Immigration and Nationality Act to preclude aliens who fail to appear at a scheduled hearing for which they received proper notification from using the act's existing relief provisions. While aliens would be allowed on motion to reopen their cases, the motion would be limited to explaining the reasons for their failure to appear. Such a change should consider the political situation in the aliens' countries of origin so that they would not be deported into a life-threatening situation. |
Closed – Implemented
|
Legislation has been passed implementing the substance of this recommendation. The Immigration Act of 1990 resulted in GAO taking an accomplishment report. |
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Justice | The Attorney General should direct the Commissioner, INS, and the Director, EOIR, to jointly develop procedures to improve the notification process. The procedures should include instructions for INS to: (1) use when aliens are apprehended and given an order to show cause why they should not be deported; and (2) schedule dates for deportation hearings. In developing the instructions, INS and EOIR should consider providing aliens printed requirements, and reading the requirements to them, in their native languages, of: (1) their obligations to report for their deportation hearings as directed and to notify INS of any change of residence; and (2) the possible consequences, such as being ordered deported in absentia, of their failure to appear. INS should also require the alien to sign a form that shows that this information, including their rights and responsibilities, was discussed with and explained to them. |
Closed – Implemented
The Immigration Act of 1990 implemented the recommendation that GAO made to the Attorney General.
|
| Department of Justice | In connection with improving notification procedures, the Attorney General should direct INS and EOIR to develop a better means by which INS can inform aliens of their hearing date and location when apprehended. |
Closed – Implemented
The Immigration Act of 1990 revised alien notification procedures by creating a central address file.
|
| Department of Justice | The Attorney General should direct the Commissioner, INS, to: (1) monitor the effect of implementing GAO recommendations; and (2) if the results show that immigration judges are reluctant to rule on such cases, develop procedures, with EOIR input, covering the circumstances for which aliens' requests to have the locations of their deportation hearings changed would be approved or denied. Such circumstances could include: (1) the basis for the aliens' requests; (2) the use of addresses, which INS can verify; and (3) humanitarian concerns. |
Closed – Implemented
The Immigration Act limits judicial discretion to administratively close cases when aliens fail to appear and empowers immigration judges to deport these aliens in absentia.
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