INS on Treatement of Persian Gulf Evacuee

Subject: Guidance for Treatment of Persian Gulf Evacuees (PGEs); Supplemental Instructions on PGEs Named in Private Bill, H.R. 1860

Date: September 11, 1997
To: All Regional Directors
Attn ROINV, RODDP, ROEXM, ROCOU
All District Directors (Including Foreign)
Attn DIINV, DIDDP, DIEXM, DICOU
All Officers-in-Charge (Including Foreign)
All Service Center Directors
All Chief Patrol Agents
All Asylum Office Directors
Training Academics (Glynco and Artesia)

From: Office of Deputy Commissioner

1. Background. The Persian Gulf Evacuee (PGE) group consists of former Kuwait residents (primarily Palestinians) who arrived in the United States on evacuation flights between September 2 and December 14, 1990, and were paroled in as "Persian Gulf Evacuees." Most PGEs were brought here in order to protect their U.S. citizen children. The PGEs were granted DED (deferred enforced departure) status until January 1, 1996, and extended until January 1, 1997, both times pursuant to Presidential direction. The Headquarters Office of Examinations sent out a memorandum on "Persian Gulf Evacuee DED Close-Out Policy and Procedures" on December 20, 1996. The memorandum called for review of individual PGE cases that come to Immigration and Naturalization Service (INS) attention, handling these cases with sensitivity and flexibility, and consideration for reparole and employment authorization.

Most PGEs have obtained permanent legal status based on their asylum claims, family petitions, or employer petitions. Most of the PGEs who have not obtained permanent legal status have either been denied asylum or would probably be denied asylum because they are able to emigrate to Jordan where they would not be persecuted within the statutory definition.

The PGEs in the latter group were aided by the American-Arab Anti- Discrimination Committee in Washington, D.C., and have sought a legislative solution. A private bill, H.R. 1860, on behalf "of certain Persian Gulf Evacuees" was introduced by Congressman Rahall on June 10. The bill has strong support and is likely to pass and grant permanent status to those beneficiaries found to be fit. The White House and the National Security Council have also expressed interest in this bill. The bill lists 54 families comprising about 160 persons. We have determined that they are located in more than 20 INS Districts. On July 29, the House Subcommittee on Immigration and Claims requested from INS a report on the bill. The subcommittee has asked for the report to include information concerning "good moral character." The Private Bill Control Unit within the Headquarters Office of Detention and Deportation (HQDDP) has started INS processing by preparing Form CO-88 (Private Bill Radiogram - Telegram Directing Investigation & Stay of Deportation) directing investigation and "stay of deportation" by the particular District Offices of residence of the individual PGE bill families. This memorandum provides supplemental guidance.

2. Timely Processing. Guidance for processing private bill cases is found at OI 107 and Chapter 4-7 of the Investigator’s Handbook. Because of the large number of beneficiaries and the foreign policy elements of this private bill, the Service has a special responsibility to prepare the report for the House committee in a prompt and timely manner. These high- profile cases must be given appropriate and timely attention. All participating district offices will have to respond to Headquarters, before the consolidation bill report for Congress can be prepared.

We emphasize these instructions for private bill processing:

At the earliest opportunity, the beneficiary shall be invited by the most expeditious means to appear for an interview, ordinarily within three days whenever practicable. Investigator’s Handbook, p. 4-7.9.

Precedence shall be given to completion of private bill report. [O]utstanding instructions requir[e] completion of the report within 30 days whenever possible, private bill investigations must be given precedence. Investigator’s Handbook, p.4-7.6.

The report should be forwarded as soon as it is ready and all national agency check responses have been received. Investigator’s Handbook, p.4-7.6.

Investigators must use Form G-56, General Call-in Letter, to call in private beneficiaries to appear in family units, unless the aliens request separate appointments. The G-56 "Reason for Appointment" block should be filled in to read "Interview for private bill report and processing for reparole and employment authorization." The G-56 "Bring With You" block should include "Form I-765 with filing fee and photographs, if employment authorization is desired." (Do not use Form G-386, "Notice of Stay of Deportation or Extension of Departure Date To Beneficiaries of Private Bills".) To ensure minimal impact on Service operations, the Investigations and Examinations branches should coordinate efforts so that all processing will be completed during one appointment. (However, one- visit processing is usually not possible for nonimmigrant entrants, because Regional Director approval of deferred action is required before acceptance of an application for employment authorization. See section 4 below.)

If a PGE appears for whom the local office has not received a Form CO- 88 request and claims to be a PGE private bill beneficiary, check the private bill list. If inclusion in the PGE private bill is confirmed, contact Agnes Frederick in HQDDP for further information. If it is determined that a PGE is not a private bill beneficiary, see section 6 for further instructions.

The local INS office report should include a section describing investigative action taken and information developed relating to good moral character as defined by INA 101(f). For further guidance, refer to section 4-6 of the Investigator’s Handbook.

3. Reparole and Employment Authorization. Most of the PGEs were originally paroled into the United States when they arrived in 1990. Some have received a subsequent period of reparole. When the private bill PGEs are processed at the time of scheduled interview or on a walk-in basis, they should be processed for reparole (or deferred action) and employment authorization.

In conformance with standard INS practice on deferral of removal during the pendency of a private bill, grant reparole for each beneficiary on a Form I-94 until February 1, 1999. As the usual parole code (C11) will allow employment authorization document (EAD) issuance for a maximum of 1 year, we authorize and require the use of the A11 code for EAD issuance with an expiration date of February 1, 1999, for all private bill PGEs.

For purposes of INA 212(a)(9), these reparoles shall be considered to have started on January 1, 1997. This will allow these PGEs to retain eligibility for immigrant visa issuance abroad in the event of delay or failure of the private bill.

4. Treatment of Nonimmigrant Entrant PGEs. A small number of PGEs on the first evacuation flights were admitted as nonimmigrants on the basis of previously held nonimmigrant visas. There were also a few PGEs who had arrived in the United States during or about the time of the evacuations and have been previously recognized by the Service as PGEs by granting them PGE DED status. The IIRAIRA eliminates the use of long periods of voluntary departure for nonimmigrant entrant private bill beneficiaries. Thus, the only viable alternative is a special grant of deferred action for the duration of private bill pendency.

For private bill cases only, deferred action eligibility should usually be presumed, unless it is found to be appropriate to continue or initiate removal proceedings as described in section 5 below. Briefly prepare the Form G-312, attach copies of the private bill and Form CO-88. Send to the Regional Director for approval and statistical tabulation. Upon receipt of notification of deferral by the Regional Director, the District Director shall notify the applicant, as promptly as possible, of the action taken and advise the alien that he or she may apply for employment authorization. Prepare a deferred action I-94 valid until February 1, 1999, for such PGEs. As the usual deferred action code (C14) will allow EAD issuance for a maximum of 1 year, we authorize and require the use of the A11 code for EAD issuance with an expiration date of February 1, 1999, for private bill beneficiaries who are granted deferred action.

5. Removal Proceedings. If removal proceedings have been initiated, the District Counsel should seek an indeterminate continuance and proceedings should not be scheduled until after February 1, 1999. However, if specific adverse information indicates that the beneficiary’s continued presence here would be contrary to the best interests of the United States, removal proceedings may proceed after the consultation process described in OI 107.1(f)(2)(ii). Consult the Headquarters PGE contacts listed below acting in such a case.

6. Treatment of PGEs Not Listed in the Private Bill. Some PGEs have come forward who have not been included in the current private bill. The PGE memorandum of December 20, 1996, remains in effect for such cases.

7. Authority and Contacts. The Offices of Programs and Field Operations have concurred with this memorandum. Questions regarding private bill PGEs may be directed to HQDDP, Attn: Agnes Frederick, Program Specialist, 202/514-0146. Questions regarding non-private bill PGEs may be directed to Headquarters Office of Benefits (HQBEN), Attn: Ron Chirlin, Adjudications Officer, 202/616-7445.

Chris Sale
Deputy Commissioner