INS on Persian Gulf Evacuee (PGE) DED Close-Out Policy and Procedures
Date: December 20, 1996
To: Regional Directors: Attn ROADN, ROCOU
District Directors, Officers-in-Charge:
Attn: DIEXM, DIINV, DIDDP, DICOU
Asylum Office Directors
Chief Patrol Agents
Service Center Directors, Directors ODTF
From: Office of Examinations
Summary and Background: The Persian Gulf Evacuees (PGEs) were brought out of Kuwait in 1990 by the US. By presidential order, PGEs were granted Deferred Enforced Departure (DED) until 1-1-96. Their DED program was extended until 1-1-97 with an indicating that there would be no further extension. The PGE DED program expires on 1-1-97 without further extension. This memo provides policy and procedures for the future processing of PGEs.
Most PGEs are Palestinians, but with widely varied backgrounds – born in Jordan (west bank, Jerusalem, or East Bank), Kuwait, Lebanon, Egypt, etc. Sometimes, members of the same family have differing birth backgrounds and travel documents. The PGE groups also includes smaller numbers of Indians, Pakistanis, Filipinos, and others. Most PGEs were evacuated in order to protect US-citizen children. Many families now have additional US-born children.
There were around 2000 evacuees originally, but this included US-citizen families without alien members and foreign nations who were willing and able to continue on to their home countries. Many of the Palestinians have been granted asylum and are no longer part of the DED group. Others have been denied asylum or have never applied for it for various reasons. The whole residual PGE DED group probably now numbers a few hundred people plus the US- citizen children.
Policy and Procedure
1. PGE DED cases have usually been processed by TPS/DED or EAD officers or units. The PGE close-out processing should usually be assigned to deferred inspection units, as most of the cases will probably be given some period of parole. PGE files should be identified if possible and PGE aliens contracted by call-in letters. Otherwise, PGE cases should be reviewed when the PGE aliens come in requesting extension of status or at the time of other contact with INS.
Persian Gulf Evacuee (PGE) DED Close-Out Policy and Procedures
Members of the PGE DED group fall into many different situations and their cases should be handled with sensitivity and flexibility. As the cases are so highly varied even while their number is small, adjudicating officers are encouraged to consult about individual cases as appropriate. Guidelines for some, but not all, situations are given below:
2. The equities of the individual case should be examined. In some cases (regardless of nationality), the Service may choose not to put the PGE alien into proceedings but to give reparole with employment authorization on account of humanitarian factors (an exercise of prosecutorial discretion analogous to deferred action). In the alternative, the Service may choose to allow the PGE sufficient time by reparoles to obtain an immigration benefit for which they are eligible and for which they have applied or will be applying in the near future. As reflected in the PGE wire of January 5, 1996, Service personnel should advise PGEs to apply for any immigration benefit to which they may be entitled, if they wish to remain in the United States. The situation of the PGE alien’s spouse and children should also be considered.
If Palestinians have never applied for asylum and they believe it appropriate to their situation, they should be advised of this option, especially as reparole is not a permanent or assured immigration status.
3. Electronic criminal record checks should be done for each PGE. With supervisory approval, FD-258 fingerprint checks may be completed on individual cases, where there is reason to believe they are necessary. If there is a conviction for a serious crime, especially one that would result in ineligibility for LPR status, proceedings should be advanced and an order obtained whether or not the Service will be able to deport the alien in the foreseeable future. The officer should also consider whether detention is required.
4. If the case equities alone are not sufficient to justify extended periods of reparole, the alien must be advised that if he does not leave voluntarily he will be placed in proceedings which will result in future ineligibility for visas or admission and the loss of EAD benefits. Once the PGE has been afforded the opportunity to pursue whatever administrative relief might be available, the case should be prepared for institution of proceedings.
5. If the PGE alien claims that he cannot get a current valid travel document for return to any country on a permanent basis, he may be granted a 6-month period of reparole and EAD upon the showing of all available evidence including: 1) travel documents (however expired or limited); 2) a copy of a request and receipt for an application for a travel document to the most appropriate country as determined by the officer; and 3) any response sent by such country. Any further reparole will depend upon INS’s evaluation of the foreign country’s response to the alien’s request.
Persian Gulf evacuee (PGE) DED Close-Out Policy and Procedures
If the Service officer does not believe that there has been a good faith effort to obtain a travel document, proceedings may be commenced (with the resultant interruption in or permanent loss of employment authorization). If the Service officer is satisfied that a travel document cannot be obtained currently and if there is a willingness to leave the United States, reparole and EAD may be issued in 1-year increments with annual review of the alien’s situation. If the Service officer is uncertain whether a sufficient travel document could be obtained, consultation with the office’s Deportation Branch is recommended because of its expertise in this area.
6. If a PGE is granted a period of reparole during with to depart, he should be given a Form G-56 call-in letter to come in with a passport and airline ticket one week prior to the expiration of parole. At that time, the alien should be given a Form G-146, Nonimmigrant Checkout Letter, to be taken upon arrival abroad to the nearest American consul in order to confirm departure from the United States.
7. A small number of PGEs were initially admitted to the United States in B-1/B-2 status. To the extent possible, they should be treated in the same way as indicated above for those PGEs who were originally paroled. Voluntary departure and deferred action treatment should be considered as appropriate.
8. The Office of Field Operations has concurred with this memorandum. We anticipate that these instructions and guidelines may not be adequate to allow determinations for some cases. Therefore, we encourage adjudicating officers to consult freely on questions regarding the close-out of PGE DED cases through appropriate supervisory and regional channels to HQADN, ATTN; Ron Chirlin, Adjudications Officer, 202-514-5014.
LOUIS D. CROCETTI, JR.
ASSOCIATE COMMISSIONER