Extension of DED for Persian Gulf Evacuees
All DIDirs: ATTN DIEXM, DIINV, DIDDP, DICOU
All OICS; All SCDirs; All Asylum Office Dirs; All CPAS; Dirs ODTF
SUBJECT: Extension of Deferred Enforced Departure (DED) and Employment Authorization for the Persian Gulf Evacuees (PGE) Group
1. At the direction of the White House, INS is extending the DED Program for the Persian Gulf Evacuees (PGEs) for an additional year until 01 JAN 97.
2. INS is simultaneously distributing copies of this wire to immigration periodicals and advocacy organizations in order to notify affected persons. We encourage prompt local distribution of this wire as well, especially in light of the expiration of the original period of Persian Gulf Evacuee DED on O1 JAN 96.
3. The eligible class for this DED benefit consists of certain former Kuwait residents who arrived in the United States on evacuation flights between 02 Sept and 14 Dec 1990 and either were paroled in as “Persian Gulf Evacuees” or admitted as nonimmigrants. PGEs are eligible for this new period of DED whether or not they were previously registered for DED status, There were 13 evacuation flights. The initial parole status of the PGEs expired on or about 01 Mar 91 but subsequent parole was authorized until 31 Dec 91. The PGEs were granted DED status and employment authorization until 01 Jan 96 pursuant to a presidential directive dated 14 Nov 91.
4. All evacuees should apply for DED on Form I-765. However, the filing fee should not be charged unless the applicant requests employment authorization. The data on Forms I-765 filed exclusively for DED registration purposes should be entered into EADs for tracking purposes, but EAD cards (Form I-688B) should not be issued. Evacuees not requesting employment authorization should be issued Form I-94 with the following notation on the reverse: “Deferred Enforced Departure until January 1, 1997.”
The Ins urges all PGEs to file a fee-exempt I-765 for DED registration purposes, even if they are pursuing some other immigration benefit and/or have current employment authorization.
5. Local offices should accept and process initial or extension DED applications filed by PGEs on Form I-765 under 8 CFR 274.12(a)(11). Local Offices should ignore the Form I-765 instruction limiting the filing of such applications to Service Centers. In EAD system processing for PGEs, key the expiration date of “01/01/97” and the provision of law “(A)(11).”
When possible, officers should check to confirm that there is an A- File with appropriate information for every Persian Gulf Evacuee. (For Guidelines on the information required for PGE A-Files, See Part III. F. of Iraqi wire #8 sent 21 Sept 90.)
6. DED status and benefits shall not apply to any individual: A) who has been convicted of a felony in the United States; B) whom the Service has reason to believe constitutes a threat to the community or presents a danger to national security; or C) who voluntarily returns to his country or nationality or last habitual residence outside the United States.
7. PGEs who need to travel outside the United States may apply for advanced parole by filing Form I-131 with fee to their local INS office. PGEs must establish valid humanitarian or business purposes for their trips outside the United States. Applicants for advance parole must attach a copy of any document issued by the Service showing any present status in the United States.
I-512 issuance: Upon approval of the application, the Service will issue a Form I-512 filled in with a date of return on or before January 1, 1997, and with this special notation in the “remarks” box: “Persian Gulf Evacuee, granted DED until January 1, 1997, permitted to return to U.S. in same status held upon departure.”
I-94 Issuance: The Inspecting Officer should mark the I-94 “Until” line: “Expiration of DED, January 1, 1997.
8. The INS shall not initiate or continue to pursue exclusion or deportation proceedings against PGEs unless the individual evacuee knowingly and voluntarily waives the deferral of such proceedings or paragraph 6 A) or B) above applies to the PGE. During the DED period, the departure of a person in the PGE group shall not be enforced by any component of INS without the authorization of the Executive Associate Commissioner for Field Operations.
9. The majority of the PGEs were evacuated from Kuwait, because they had a U.S. citizen family member or had engaged themselves by harboring U.S. citizens during the Iraqi invasion. Over the past 5 years, many of the PGEs have regularized their immigration status by various means. Some, it appears, have been waiting in hope of receiving some sort of special immigration relief, possibly through legislation. There is no clear prospect of this. In addition, the majority would not be eligible for suspension of deportation after 7 years, because they were paroled and are thus subject to exclusion rather than deportation proceedings.
After the expiration of DED, PGEs who have not regularized their immigration status would be subject to removal proceedings. Some PGEs will be able to return to their countries of origin: India, the Philippines, or other countries where they are considered nationals. However, a large number of the remaining group are stateless Palestinians for whom it is unlikely that INS will be able to find a country willing to accept them. The Service will examine the appropriateness of initiating proceedings against those persons who appear to be stateless. Policy guidance to the field will be issued for such cases.
Service personnel should advise the PGEs to apply for any other immigration benefit to which they may be entitled, if they wish to remain in the United States.
10. The Office of Field Operations has concurred with this wire. Questions regarding Persian Gulf Evacuees and their DED applications may be directed through appropriate supervisory channels to HQADN, Attn: Ron Chirlin, Adjudications Officer, 202/514-5014.
T. Alexander AleinikoffExecutive Associate
Commissioner, Programs