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TESTIMONY
OF ACTING
COMMISSIONER KEVIN D. ROONEY IMMIGRATION
AND NATURALIZATION SERVICE (INS) BEFORE
THE JUDICIARY
COMMITTEE SUBCOMMITTEE
ON IMMIGRATION AND CLAIMS UNITED
STATES HOUSE OF REPRESENTATIVES CONCERNING IMMIGRATION
AND NATURALIZATION SERVICE OVERSIGHT
HEARING MAY
15, 2001 Introduction Thank
you Mr. Chairman, Congresswoman Jackson Lee, and Members of the Subcommittee for
the opportunity to appear before you today to provide an overview of Immigration
and Naturalization Service (INS) operations, accomplishments and challenges in
the context of the President=s
Fiscal Year (FY) 2002 budget request. This
INS budget request builds upon the accomplishments that have been achieved with
strong congressional support. The
resources Congress has provided have enabled INS to meet new challenges and
strengthen the Nation=s
immigration system. They have
resulted in improvements in how we enforce immigration laws and how we deliver
services to our customers. INS
has already demonstrated over the past several years that when the agency is
provided with resources and employs coherent strategies, it can achieve dramatic
results. These accomplishments include <
illegal entries in San Diego reduced to a 25-year low; <
effective management of detention growth B 6,000 to over 19,000 beds in 7 years; <
removed 362,000 illegal aliens in the past 2 years B
126,000 criminals; <
from 1993 to 2000, received and processed more applications for
citizenship than during the previous 40 years combined; <
reduced pending naturalization applications from 2.2 million in
February, 1999 to 716,000 in February, 2001; <
nearly doubled the number of permanent employees in less than 8 years;
and <
computer access within the workforce grew from 20% to 95% in 7 years. The
President=s FY 2002 budget for INS continues to support the immigration goals and
strategies that the agency has pursued over the past several years.
The thrust of INS=
FY 2002 budget is to extend the ongoing initiatives aimed at controlling the
Nation=s borders and maintaining the physical integrity of those borders.
INS intends to build on its successful multi-year strategy to:
effectively regulate the border; deter and dismantle organizations that smuggle
or traffic aliens and narcotics; identify and remove detained criminal aliens
from the United States, including terrorists, and minimize recidivism; enhance
services and reduce processing backlogs; and reduce immigration benefit fraud
and other document abuse. Overall,
the FY 2002 budget request for the Immigration and Naturalization Service totals
$5.5 billion, a 10 percent increase over the FY 2001 funding level.
This budget includes $380 million in enhancements to a base funding level
of $5.1 billion. The budget will
add a total of 1,364 new staff positions, which will allow INS to grow to over
36,200 workyears by the end of FY 2002. BORDER
MANAGEMENT In
February 1994, INS implemented an innovative, multi-year strategy to strengthen
enforcement of the nation=s
immigration laws and to disrupt the traditional illegal immigration corridors
along the nation=s
Southwest border. Under this bold strategy, new personnel, backed with equipment
and infrastructure improvements, are deployed in targeted areas each year,
starting with the most vulnerable areas. This
strategy treats the entire border as a single, seamless entity. Enforcement
activities between the ports-of-entry are integrated fully with those taking
place in the ports, which the strategy recognizes as both vital to the nation=s economy and potential entry points for criminals and contraband. As a
result, INS has been able to enhance its enforcement capabilities while
dramatically reducing waiting times for those trying to cross the border
legally. The strategy uses a phased
approach beginning in the Southwest until control is achieved nationwide. Considerable
success has been achieved in restoring integrity and safety to the Southwest
border by implementing the strategy through well-laid-out multi-year operations,
such as Operation Gatekeeper in San Diego, Operation Hold the Line in El Paso,
Operation Rio Grande in McAllen, and Operation Safeguard in Tucson. The initial
phases of these operations typically result in an increase in apprehensions,
reflecting the deployment of more agents and enhanced technology. However, as
the deterrent effect takes hold, the number of apprehensions declines as the
operation gains control over the area. Recognizing
that protecting the border includes an obligation to protect lives, the Border
Patrol launched the Border Safety Initiative in 1998.
This is a joint initiative between the U.S. and Mexico, and is now an
integral component of our border control strategy.
In the past year, Border Patrol Agents have rescued more than 2,500
aliens who were injured, in distress, or victims of violence while attempting to
make an illegal entry. Border
Patrol Recruiting and Hiring In
FY 2000, INS experienced record increases in the number of Border Patrol
applicants and hires as a result of: (a)
a more focused, local recruitment process, (b) the training of 300 Border Patrol
Agents as recruiters, (c) intensified advertising, and (d) offering a $2,000
recruitment signing bonus. The
enhanced recruitment program was supported in part by $1.5 million included in
the FY 2000 appropriation for these efforts.
The Border Patrol has been able to attract sufficient numbers of
applicants to meet hiring goals through FY 2001.
The INS is currently recruiting to ensure maintenance of a qualified pool
of applicants for FY 2002 and is currently not experiencing Border Patrol hiring
problems. In
FY 2000, the INS implemented Acompressed
testing@
at 10 Sectors. This allowed applicants to take the written test and receive
results immediately upon completion of the exam. If the applicant passed the written exam, he or she could
schedule the oral board examination in 2 weeks. This process is 5 or more weeks shorter than the traditional
testing process and has resulted in a 44 percent increase in applicants actually
showing up to take the test. In
FY 2000, the Border Patrol trained 300 agent recruiters who participated in over
1,400 recruiting events ranging from campus and military job fairs, to open
houses, to booths at local malls. Border
Patrol recruiters were encouraged to establish personal contact and feedback
with all interested applicants with positive results.
We significantly increased advertising and recruitment incentives. As
a result, in FY 2000, the INS achieved a record number of applicants (an 80
percent increase over FY 1999) due to aggressive recruitment and hiring
initiatives to address Border Patrol Agent hiring shortfalls.
The increase in recruitment provided the applicant pool with sufficient
candidates for an associated increase in hiring.
In FY 2000, the INS hired 52 percent more agents than in FY 1999. During
this fiscal year, INS has hired 900 new Border Patrol agents and will hire
another 700 by the end of the year. Our
training classes are already full through July. Inspections The
INS= border management and control efforts have made a significant impact on
the border. In FY 2000, INS carried
out immigration inspections for nearly 438 million travelers at the land borders
and nearly 92 million travelers at airports and seaports.
In FY 2001, these inspections are projected to reach 450 million at the
land border and 98 million at airports and seaports, with continued growth in FY
2002. The INS has set FY 2001
performance targets of 80 percent of land border inspections in 20 minutes or
less, and 72 percent of air flights cleared within 30 minutes.
The INS will also continue the use of automated systems such as dedicated
commuter lanes to facilitate the flow of inspection traffic for low risk
travelers. Border
Management B
FY 2002 Request The
FY 2002 budget includes an additional 570 Border Patrol Agents and $75 million
to support the border control strategy. We
would propose that these resources be primarily directed to the Southwest border
so as to increase the emphasis provided to the eastern California, Arizona and
Texas borders. These new agents,
plus 570 in FY 2003, will complete the 5,000-agent increase authorized by the
Congress in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)
of 1996. With these 1,140
additional agents, the total increase of 5,000 Border Patrol Agents will be
achieved, and the authorized strength of the Border Patrol will be about 11,000. The
FY 2002 budget also requests $20 million so that deployment of intrusion
detection technology, including high-resolution color and infrared cameras and
state-of-the-art command centers, will continue.
This technology acts as a Aforce
multiplier@
to supplement the new agents and provide continuous monitoring of the border
from remote sites. This combination
of intrusion detection technology and the increased number of Border Patrol
Agents will permit INS to enforce the rule of law and enhance border management
over larger portions of the U.S. border. This
technology assists agents in determining the source of the Ahit,@
including the number of intruders, and if they are visibly armed, thereby
increasing agent safety. The Integrated Surveillance Intelligence System (ISIS)
enhancement is an important part of the overall strategy for strengthening
control of the borders against illegal entry.
ISIS will improve remote detection and tracking capabilities, resulting
in increased deterrence of illegal border crossing and increased officer safety. Ultimately, it will provide the INS, in particular, the
Border Patrol, with the capability to monitor effectively the integrity of the
U.S./Mexico and U.S./Canada national boundaries for purposes of border
management. The
INS Intelligence program provides strategic and tactical intelligence support to
INS offices enforcing the provisions of the Immigration and Nationality Act, and
assists other federal agencies in addressing national security issues. Intelligence program activities contribute support to
preventing the entry of illegal aliens, terrorists and narcotics traffickers;
identifying and dismantling alien smuggling operations; detecting fraudulent
documents and false claims to U.S. citizenship; and detecting other individuals
or organizations involved in the manufacture and sale of counterfeit documents,
in application and benefit fraud schemes, and in other related criminal
activity. The FY 2002 budget
includes 78 positions and $7 million to expand the intelligence program on the
northern and southern borders of the U.S. Infrastructure
Improvements The
INS continues to face a number of significant challenges in maintaining its
infrastructure during a period of rapid growth.
New and expanded facilities are required to support a work force of over
32,000. The Border Patrol=s
infrastructure needs are most serious and have been and continue to be given
priority attention. Since the
authorization of the INS Construction Account in FY 1995, the Congress has
provided much-needed resources to allow INS to replace, expand and renovate
facilities and to enhance border infrastructure.
The INS budget request for FY 2002 continues support for critical
infrastructure requirements. It
includes $75 million for construction projects.
This total includes $69 million for Border Patrol and detention
construction projects, and $6 million for additional work on the San Diego
Border Barrier System and for the enhancement of border infrastructure through
the critical direct support of Joint Task Force Six (JTF-6) for projects such as
fences, roads, and border barriers. Air
and Sea Ports-of-Entry INS
must balance its resources between its goals of detecting those who should not
be allowed to enter the United States and managing legal travel across the
borders. The FY 2002 budget request
includes $50 million for 417 new Immigration Inspectors to staff newly-activated
air and sea port terminals, high-growth understaffed gateway ports, and
coordinated INS/U.S. Customs passenger analysis units.
The request also includes 122 inspection assistants and clerks, along
with detention and removals resources to support the significant increases in
workloads at high-growth air and sea ports-of-entry.
The budget provides for an expansion of the Carrier Consultant Program to
enhance airline carrier training and for the increased workload attributable to
the 2002 Winter Olympics. With
these resources, the Service will strive to process 77 percent of all commercial
flights within 30 minutes, and make strides in streamlining and automating
manual processes, improving data integrity, and supporting enforcement
requirements. To finance these initiatives, the FY 2002 budget would
increase the current airport inspections fee by $1 from $6 to $7 for arriving
international air passengers. It
would also lift the cruise ship fee exemption, instituting a $3 fee for those
passengers currently exempt. The
increase is to provide resources to cover more of the true costs of operating
the program. In
addition, the FY 2002 budget contains $26 million to expand significant
resources for information technology initiatives.
Resources are provided to update the National Automated Inspections
Lookout System (NAILS), a centralized lookout database that is a compilation of
information supplied by automated systems within INS and other federal and local
law enforcement agencies. It is a
critical system that contains data on individuals who are inadmissible,
including criminals and suspected terrorists.
The request includes resources to study technology for automated airport
inspection alternatives. This
budget will provide resources to purchase Live Scan Devices that will send
electronic fingerprint submissions to the FBI, develop the Vessel Inspection
Processing System (VIPS), and purchase portable workstations to access NAILS at
the seaports. The FY 2002 budget
will also provide the initial investments necessary to develop an automated
entry/exit system as required in the INS Data Management Improvement Act of
2000. INTERIOR
ENFORCEMENT The
INS is focusing strategically on combating illegal immigration within the
nation's interior. A comprehensive interior enforcement strategy was developed
that creates a seamless web of enforcement extending from the border, and
beyond, to the worksite. It seeks to facilitate internal coordination among the
various INS enforcement activities and forge closer ties with other federal,
state and local law enforcement and regulatory agencies.
The integrated enforcement effort will promote national security, public
safety and economic security. The
interior enforcement strategy identified five strategic objectives: to identify
and remove criminal and other dangerous aliens, deter and diminish alien
smuggling, respond to community concerns and build partnerships, minimize
benefit fraud and other document abuse, and block access to undocumented workers
and remove those located. While each objective is crucial in its own right,
highest priority is given to apprehending and removing those criminal aliens who
are causing the greatest harm in our communities. Anti-Smuggling
and Anti-Fraud Activities The
INS has a number of significant accomplishments to report in anti-smuggling and
anti-fraud operations. During FY
2000, INS disrupted alien smuggling organizations at source countries, the
borders and the interior of the United States.
The agency used traditional and non-traditional investigative techniques,
cooperation and coordination with the FBI, and broadened use of statutory
authorities. The INS presented 7
major cases and 2,520 smuggling principals for prosecution.
For example, the AOperation Knight Riders@ investigation involved a large-scale alien smuggling organization that
specialized in moving large numbers of undocumented aliens from Central and
South America and the Middle East into the United States.
The successful completion of this case resulted in 9 criminal arrests and
the closure of a major smuggling pipeline.
In AOperation
Telecom,@
INS investigated and shut down a sophisticated alien smuggling organization that
engaged in recruiting and arranging for the smuggling of Chinese nationals from
the People=s
Republic of China. This
investigation also involved a law firm that assisted the smugglers by arranging
bonds so aliens could be released and returned to the smugglers.
The firm also filed fraudulent political asylum claims on behalf of the
aliens to ensure that they would remain in the United States. Quick
Response Teams and Community Support Considerable
progress has been made in establishing and staffing the Quick Response Teams (QRTs).
In the FY 1999 INS appropriation, Congress provided for the creation of
QRTs and directed INS to establish 45 teams with 200 positions. These teams work
directly with State and local law enforcement officers to take into custody and
remove illegal aliens. Of the 200
QRT officers that have been selected, 193 have entered on duty at their assigned
locations. The remaining officers
are expected to enter on duty before the end of FY 2001.
INS received $11 million for QRT deployment in the FY 2001 budget.
INS will be consulting with Congress on deployment of those resources
shortly. Much
has been accomplished with the QRTs. During
the first quarter in FY 2001, the teams received 2,532 requests for assistance
from State and local law enforcement agencies.
This figure reflects the largest number of requests received by the QRTs
in any given quarter to date. Of
the 2,532 requests, QRTs were able to respond to 92 percent (2,317). The response time for 98 percent of all requests was less
than three hours. In addition, QRT
officers made 2,246 administrative arrests.
Of these arrests, 1,214 individuals were voluntarily returned to their
respective countries of citizenship. Special
Agents deployed at QRT sites presented 171 individuals for criminal prosecution
related to alien smuggling, document fraud, and illegal entry. In
addition to the work accomplished by the QRTs, which are generally deployed to
the areas where there is little INS presence and emerging illegal immigrant
populations, Special Agents and Immigration Agents in the District Offices also
respond to the needs of their communities by participating in many interagency
law enforcement task forces. In
this context, they contribute their immigration expertise to local, state and
federal law enforcement operations in which criminal aliens may be involved,
including alien gangs, drug trafficking and terrorism. Detention
and Removal Since
the early 1990=s,
the average daily population of INS detainees has grown from less than 6,000 to
over 19,000. This rate of growth
was the result of INS=
expanded enforcement capability and changes in detention requirements contained
in the IIRIRA of 1996. That law
requires the agency to detain without bond many aliens during the pendency of
proceedings who are subject to removal on the basis of a criminal conviction.
The INS is also required to detain aliens who have been ordered removed
from the United States for up to 90 days or until they are removed, regardless
of the basis for the order and the prospects that their home countries will
accept their return. As a result,
annual removals in FY 2000 were over 180,000.
Over 64,000 of these were criminal alien removals.
In FY 2001, we project that 67,000 criminal aliens will be removed from
the country. In
dealing with the growth in the detention population, INS has issued detailed
standards aimed at ensuring consistent treatment and care for all detainees.
The standards will apply to INS= 9 Service Processing Centers as well as contract facilities and state
and local facilities under intergovernmental service agreements.
In addition to standards for safe, secure and humane confinement, they
provide for consistent and expanded access to legal representation, telephones
and family visits. The standards are being implemented with a phased approach,
beginning first with the INS Service Processing Centers. Interior
Enforcement - FY 2002 Request Detention
and Removal In
addition to the expansion of INS=
more visible enforcement functions, additional funding will strengthen the
detention and removal process. It
is critical that INS continue to have resources to efficiently house and
repatriate illegal aliens encountered both at the border and through enforcement
of immigration laws beyond the immediate border area.
To that end, 173 positions and $89 million are requested in FY 2002 for
detention and removal initiatives in the areas of expanded national
transportation, improved health services for detained aliens, increased
detention bed space, and improved coordination with U.S. Attorneys.
Included in the $89 million is a projected $40 million in Breached
Bond/Detention Fund revenue which is anticipated as a result of the temporary
reauthorization of adjustment of status provisions of section 245(i) of the
Immigration and Nationality Act (INA), and $7 million for detention beds to
support increases in workloads at high-growth air and sea ports of entry. Consolidated
Detention Bed Space To
continue to meet the mandatory detention requirements of IIRIRA, the budget
request includes $69 million for 131 positions (68 Detention Enforcement
Officers, 33 Deportation Officers, and 30 support positions) and an additional
1,607 average daily state and local detention bed spaces.
This initiative includes resources to detain, transport and remove
aliens. National
Transportation System The
INS uses the Justice Prisoner and Alien Transportation System (JPATS), created
in 1995 by INS and the U.S. Marshals Service, to transport large numbers of
detained aliens each year, transferring them to detention facilities or
repatriating them. The budget includes an increase of $9 million to fund the
costs associated with the INS= share of JPATS. This
increase, when combined with current funding, will fund additional air movements
to transfer or repatriate detainees. Public
Health The
budget includes funding of $9 million to support the increased cost of providing
health care for detainees. The INS
is committed to ensuring that its facilities are safe and humane, and that
adequate medical care is provided to aliens in its custody. Coordination
with U.S. Attorneys The
budget includes 42 positions (28 attorneys and 14 support personnel) to enable
the INS to better fulfill its role of providing agency counsel support when
immigration-related matters arise in the Federal courts.
This critical role involves such efforts as preparing litigation reports
when lawsuits arise, and coordinating agency witnesses and evidence. These efforts are particularly crucial now in view of the
high level of litigation involving the removal of detained aliens, a substantial
number of whom are convicted felons. IMMIGRATION
SERVICES The
INS has improved customer service in various respects.
Due to an intense, two-year Naturalization Backlog Reduction Initiative,
the INS has made tremendous progress in increasing its immigration services=
productivity and customer service. In
FY 1999, INS met its first stage goal of completing 1.2 million naturalization
applications. In FY 2000, the INS again met its naturalization goal by
completing approximately 1.3 million applications while achieving a processing
time goal of six to nine months nationwide.
In FY 2000, INS also completed 564,000 adjustment of status applications,
more than in any other year in the INS=
history, and outperformed its national processing time goal.
The Service also streamlined the AGreen
Card@ renewal process, decreasing the processing time significantly from
between 12 and 24 months to 90 days. In
FY 2000, the INS also reduced the processing time for employment-based petitions
from 18 months to 90 days. By
transmitting fingerprints electronically to the FBI, the INS decreased the
average processing time for background investigation checks from 21 days to one
day. The INS enhanced its customer
service quality and accessibility by expanding the National Customer Service
Center=s
live, toll-free (1-800 telephone) assistance area across the U.S. mainland,
Puerto Rico, the U.S. Virgin Islands, and Guam.
All of these accomplishments were achieved within the scope of the
overall FY 2000 immigration services workload of 6 million petitions received
and approximately 6.5 million completed, resulting in a pending workload of
approximately 3.9 million. In FY
2001, the INS continues working diligently to meet its goal of completing
800,000 naturalization and 800,000 adjustment of status applications. The
INS faces significant challenges in delivering immigration services in the years
ahead: (1) eliminating backlogs in
all immigration benefit applications; (2) managing and responding to new and
changing workloads; (3) ensuring process integrity; and (4) positioning itself
for the future. Over the last several years, the INS has seen a dramatic rise
in the number of applications and petitions received. The Legal Immigration Family Equity (LIFE) Act of 2000
amendments alone will add an estimated additional caseload of 2.3 million
applications and petitions in FY 2001 and 1.2 million applications and petitions
in FY 2002 to the current 6.9 million applications received annually, a 26
percent increase over a two-year period. Because
this additional workload will strain the existing infrastructure, the INS is
exploring new ways of doing business to manage the new workload effectively
while continuing to tackle the backlogged caseload aggressively.
Premium Processing Service and electronic filing are examples of these
new ways of doing business. Besides
increased productivity, the INS continues working towards achieving process
integrity through its anti-fraud and quality control efforts.
Most importantly, the INS strives for excellence in customer service
through process reengineering, effective use of technology, and greater
accessibility to information and services. Premium
Processing Service As
a result of the overwhelming backlogs in recent years, it has taken INS from 60
days to more than one year to process certain business cases.
In order to provide better service to business customers and to begin
implementing new ways of doing business that more efficiently manage its
workloads, INS proposed a Premium Processing Service for business cases in FY
2001. In the proposal, INS
guarantees that businesses that pay for Premium Processing Service will receive
an approval, denial, or request for evidence on their cases within 15 days of
filing. If INS fails to meet this
guarantee, it will refund the fee to the business. In
the FY 2001 budget, INS was given authority to charge a voluntary $1000 fee to
provide Premium Processing Service for business cases.
The INS expects to implement Premium Processing Service in early summer
for some applications. The INS
estimates that, for FY 2001, the Premium Processing Service fee could generate
approximately $25 million in additional revenue.
These funds will be used to support the Premium Processing Service on the
business cases for which the fee is paid, to detect and deter fraud in benefit
programs, and to support backlog elimination efforts.
In addition, other INS customers will benefit from the implementation of
Premium Processing Service through experience gained from the new business
processes and because revenues received in excess of the program costs would be
used to pay for infrastructure needs in adjudications and customer service. Legal
Immigration and Family Equity (LIFE) Act The
LIFE Act, which was enacted on December 21, 2000, will have a major impact on
INS= service functions this year and for several years into the future.
It focuses on six primary immigration benefits.
The LIFE Act reauthorized section 245(i) of the INA, providing INS with
the authority to adjust the status of certain persons unlawfully in the United
States. Eligible individuals had
until April 30, 2001 to file a qualifying petition or application with INS or
the Department of Labor to sponsor beneficiaries for legal immigration. The Administration supports an extension of this deadline. The
LIFE Act provides for a ALate
Legalization@
program that reopens the Legalization Program authorized by the Immigration
Reform and Control Act of 1996. This
will allow members of three class action lawsuits B
Catholic Social Services (CSS), League of United Latin American Citizens (LULAC)
and Zambrano -- to file to adjust status. In
addition, the Act expands the existing Family Unity Program to include eligible
spouses and minor children of ALate
Legalization@
applicants. The
Act creates a new AV@ Visa classification for the spouses and children of lawful permanent
residents who have been waiting three or more years to immigrate.
It also creates a new AK@ Visa non-immigrant classification for spouses and children of U.S.
citizens. Finally,
the LIFE Act contains amendments to the Nicaraguan Adjustment and Central
American Relief Act (NACARA) and the Haitian Refugee Immigration Fairness Act (HRIFA). The NACARA/HRIFA amendments lift restrictions on waiving
certain inadmissibility grounds relating to previous removals and unlawful
presence, and eliminate bars to eligibility based on reinstatement of a previous
order. Workload
will significantly increase as a result of the LIFE Act.
In addition to the residency benefits, all LIFE Act benefits authorize
employment for eligible applicants. Prior
to passage of the LIFE Act, INS projected it would receive approximately
6,922,000 applications in FY 2001 and approximately 6,847,000 in FY 2002. The Act will increase processing workload by 2.3 million
applications and petitions in FY 2001 and 1.2 million in FY 2002, increases of
34 percent and 18 percent, respectively. Process
changes and personnel increases for the LIFE Act workload will be funded from
LIFE application/petition revenue. To
process the additional workload, a reprogramming notification to increase
spending authority of the Immigration Examinations Fee Account will be
submitted. In
order to minimize the impact of LIFE Act application processing on the District
Offices and Service Centers, V, K and Late Legalization cases will be processed
at a temporary facility located near the National Records Center.
Applications under section 245(i) will continue to be processed at INS'
Service Centers and District Offices, and interviews for Late Legalization
Applicants will be conducted at the District Offices. Victims
of Trafficking and Violence Protection Act of 2000 On
October 28, 2000, the President signed into law the Victims of Trafficking and
Violence Protection Act of 2000 (VTVPA). The VTVPA combines two major pieces of
legislation: the Trafficking
Victims Protection Act and the Violence Against Women Act of 2000.
The Trafficking Victims Protection Act is a comprehensive statute that
addresses the heinous practice of trafficking in persons through a multifaceted
approach that focuses on enhanced prosecution of traffickers, protection of and
assistance to victims, and prevention efforts. The
Trafficking Victims Protection Act will affect the operation of every component
of INS to some extent. The new act
amends portions of the Immigration and Nationality Act to add a new nonimmigrant
classification for victims of severe forms of trafficking -- T visas -- of which
5,000 are available annually. In
addition, it prescribes protections for victims while in Federal custody and
provides for the authorization of continued presence for alien victims of severe
forms of trafficking in order to assist in the investigation or prosecution of
trafficking cases. INS is currently
drafting regulations to implement the Trafficking Victims Protection Act. The
Violence Against Women Act (VAWA) of 2000 continues and strengthens our
commitment to ending domestic violence and sexual assault.
While VAWA 2000 contains many important provisions, Title V of the Act
addresses the particular problems that confront immigrant victims of domestic
violence and sexual assault. It
makes improvements to the immigration relief afforded battered immigrants by the
Violence Against Women Act of 1994, and creates a new nonimmigrant
classification -- a U visa -- for victims of certain serious crimes suffered by
vulnerable aliens. This new classification provides
a mechanism for crime victims who may be helpful to the investigation or
prosecution of the specified crimes to remain temporarily in the United States.
The statute also gives the Attorney General the discretion, in certain
circumstances, to allow nonimmigrants holding T and U visas to become legal
permanent residents. Immigration
Services B
FY 2002 Request The
INS is proud of its accomplishment of processing over one million naturalization
applications during FY 2000, and plans to continue the quality and timely
processing of applications. The INS
agrees with Congress that all immigration benefit applications should be
processed in six months or less. The
President=s
FY 2002 budget includes $100 million to implement the first installment of the
President=s five-year, $500 million initiative to process all applications within
six months and provide quality service to all legal immigrants, citizens,
businesses and other INS customers. These
resources will be used for increased personnel, enhanced information technology
and other resources to make customer satisfaction a priority. The INS is
currently working with the Administration to develop a detailed backlog
elimination plan to begin in FY 2002. Electronic
Filing The
INS recognizes that electronic filing will improve customer service and
convenience of applying for immigration benefits.
Although INS is not yet in a position to make all immigration benefit
applications available for electronic filing, INS is committed to making
multiple applications available for electronic filing in 2002.
The initiative represents another new way that INS is thinking about
doing business in order to improve management of its workload while delivering
better customer service. Conclusion The
FY 2002 request will provide INS with resources needed to carry out an effective
immigration strategy. As you know,
this Administration is committed to restructuring and splitting the INS into two
agencies with separate chains of command that report to one policy official
within the Department of Justice. I
look forward to working with the Subcommittee on this and other important
immigration issues. With your
continued support, we can add to the improvements that have already been made,
address problem areas and continue to ensure the integrity of our benefits
processing. I
would be happy to answer any questions that you, Mr. Chairman, and Members of
the Subcommittee may have.
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