Immigration Benefits: Internal Controls for Adjudicating Humanitarian Parole Cases Are Generally Effective, but Some Can Be Strengthened
GAO-08-282
Published: Feb 06, 2008. Publicly Released: Feb 06, 2008.
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Highlights
The Immigration and Nationality Act requires that most visitors and immigrants to the United States obtain a visa. Aliens unable to obtain a visa, and with a compelling humanitarian need, may apply to the Department of Homeland Security (DHS) to be granted humanitarian parole. This permits an alien to enter the United States on a temporary basis. Parole responsibility rests with DHS's Humanitarian Assistance Branch (HAB), which was transferred to the U.S. Citizenship and Immigration Services (USCIS) in August 2007. In response to congressional requesters, GAO examined (1) the characteristics of those who applied for humanitarian parole since October 1, 2001, and (2) internal controls HAB designed to adjudicate applications along with the extent to which HAB adhered to them. To conduct this work, GAO analyzed HAB documents and data, such as its protocols and database of all parole applications since October 1, 2001; interviewed HAB officials about adjudication processes; and interviewed attorneys who had helped individuals file for parole.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Homeland Security | To help ensure that HAB is able to process applications for humanitarian parole consistent with its own policies and procedures and to help ensure applicants understand the humanitarian parole rules and processes, the Secretary of DHS should direct the Director of USCIS to coordinate with the HAB Branch Chief to determine the number of staff HAB needs to process humanitarian parole applications in accordance with its policies and procedures and assign them to HAB. | In our February 2008 report on the U.S. Citizenship and Immigration Services (USCIS) humanitarian parole program, we found that USCIS' Humanitarian Assistance Branch (HAB) might not have had enough staff to ensure that it followed established policies and procedures for adjudicating requests for humanitarian parole. We recommended that the Secretary of the Department of Homeland Security (DHS) direct the Director of USCIS to coordinate with the HAB to determine the number of staff HAB needs to process humanitarian parole applications in accordance with policies and procedures and assign them to HAB. DHS agreed. In response to our recommendation, the Chief of the International Affairs... Division conducted a staffing analysis resulting in a request for an additional 6 staff for the humanitarian parole program. On July 31, 2008, the Associate Director of Refugee, Asylum and International Operations approved the assignment of an additional 6 full-time positions to the HAB. The International Affairs Division is aiming to make selections and have the humanitarian parole program fully staffed by the end of the first quarter of fiscal year 2009. As a result, the humanitarian parole program will now have a sufficient number of staff to process humanitarian parole applications in accordance with policies and procedures.
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| Department of Homeland Security | To help ensure that HAB is able to process applications for humanitarian parole consistent with its own policies and procedures and to help ensure applicants understand the humanitarian parole rules and processes, the Secretary of DHS should direct the Director of USCIS to develop a formal training program curriculum on adjudication of humanitarian parole cases for new and detailed staff. | In our February 2008 report on the U.S. Citizenship and Immigration Services (USCIS) humanitarian parole program, we found that USCIS' Humanitarian Assistance Branch (HAB) did not have a formal training program for new staff who may be detailed to help process applications. Such training is essential to ensure that criteria for granting and denying parole are applied consistently and fairly by the adjudicators. We recommended that USCIS develop a formal training program curriculum on adjudication of humanitarian parole cases for new staff. USCIS agreed with this recommendation. In response to our recommendation, USCIS developed a formal training program and standardized training...
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| Department of Homeland Security | To help ensure that HAB is able to process applications for humanitarian parole consistent with its own policies and procedures and to help ensure applicants understand the humanitarian parole rules and processes, the Secretary of DHS should direct the Director of USCIS to revise USCIS's Web site instructions for humanitarian parole to help ensure that applicants understand the need to first exhaust all other immigration avenues and the criteria HAB uses to adjudicate humanitarian parole applications. | In our February 2008 report on the U.S. Citizenship and Immigration Services' (USCIS) humanitarian parole program, we found that USCIS' web site had limited information about the circumstances under which a person may apply for humanitarian parole. More information and clearer instructions could reduce the number of applications from those who had not taken the steps generally required before applying for humanitarian parole, such as exhausting other available avenues for entry into the United States. We recommended that the Secretary of DHS direct the Director of USCIS to revise USCIS' web site instructions to help ensure that applicants understand the need to first exhaust all other...
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Immigration statusClaimsClaims processingData collectionEmployee trainingImmigration enforcementImmigrationInternal controlsPolicy evaluationProgram evaluationVisasPolicies and procedures