Morrison, Hon. Bruce A., a Representative in Congress from the State of Connecticut, and chairman, Subcommittee on Immigration, Refugees, and Klasko, H. Ronald, president, American Immigration Lawyers Association....... Milhollan, David L., Director, Executive Office for Immigration Review, Nelson, Hon. Alan C., Commissioner, Immigration and Naturalization Service, accompanied by James L. Buck, Deputy Commissioner.... Pachon, Harry, Ph.D., national director, National Association of Latino Elect- LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Klasko, H. Ronald, president, American Immigration Lawyers Association: Milhollan, David L., Director, Executive Office for Immigration Review, Nelson, Hon. Alan C., Commissioner, Immigration and Naturalization Detention and Deportation Program detention budget status in 1989 and Illegal aliens incarcerated in major cities. Implementation of Judge Stanley Sporkin's March 39, 1988 ruling in Ayu Norton, Richard, Associate Commissioner for Examinations, Immigration and Adjudications processing backlog, Western Regional Service Center. Naturalization applications processing.. Special Agricultural Workers Program, applications approved as of May Pachon, Harry, Ph.D., national director, National Association of Latino Elect- (III) IMMIGRATION AND NATURALIZATION SERVICE BUDGET AND THE NATURALIZATION PROCESS WEDNESDAY, APRIL 26, 1989 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON IMMIGRATION, REFUGEES, AND INTERNATIONAL LAW, Washington, DC. The subcommittee met, pursuant to notice, at 10:39 a.m., in room 2237, Rayburn House Office Building, Hon. Bruce A. Morrison (chairman of the subcommittee) presiding. Present: Representatives Bruce A. Morrison, Howard L. Berman, Romano L. Mazzoli, and Lamar S. Smith. Also present: Eugene Pugliese, counsel, and Margaret L. Webber, minority counsel. OPENING STATEMENT OF CHAIRMAN MORRISON Mr. MORRISON. Let's call to order this hearing of the Subcommittee on Immigration, Refugees, and International Law. The purpose of this subcommittee hearing is twofold. It is intended as a general oversight hearing on the operations of the Immigration and Naturalization Service, an opportunity for members of the subcommittee to hear from the leadership of the Service and to inquire of the various operational parts. And it is also an opportunity to ask specific questions about the naturalization process. The subcommittee has reported a bill on administrative naturalization and intends to bring that bill to the full committee. But at the request of the gentleman from Texas, Mr. Smith, that we ask some very specific questions on that potential process, we have delayed bringing that matter to the full committee so that questions might be asked at this hearing that might support modifications or decisions about that particular legislation. So it is for both of those purposes that we are here. We welcome our first panel, which is Hon. Alan Nelson, who is our Commissioner of the Immigration and Naturalization Service. He is accompanied by James L. Buck, the Deputy Commissioner. Also on the panel: David L. Milhollan, who is the Director of the Executive Office for Immigration Review, Department of Justice. [Witnesses sworn.] Mr. MORRISON. We will make your written statements a part of the record, without objection, and would ask Mr. Nelson to begin. I will have to excuse myself for a few minutes. (1) The gentleman from California, Mr. Berman, will chair the hearing for a short period of time. Thank you all for being here. I look forward to the testimony and to the questions that will follow. Mr. SMITH of Texas. Mr. Chairman, before we get to the testimony of our witnesses today I, too, would like to welcome them and say that I am particularly interested in the recommended reductions of funds and personnel in this year's budget, specifically in regard to the Border Patrol, drug enforcement and other important Immigration Naturalization Service [INS] functions. Furthermore, I would like to say that, although Commissioner Alan Nelson has appeared before us again, I will simply say that I have great confidence in his testimony and hope that he will be back many times. I appreciate what he has done for the INS. Mr. MORRISON. Thank you. Mr. Berman, did you have an opening statement? Mr. BERMAN [presiding]. No, Mr. Chairman. Commissioner Nelson, why don't you proceed with your testimony. STATEMENT OF HON. ALAN C. NELSON, COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE, ACCOMPANIED BY JAMES L. BUCK, DEPUTY COMMISSIONER Mr. NELSON. Thank you, Mr. Chairman. First of all, if I might introduce those from INS executive staff that are here. The committee, I believe, asked that they be in attendance, and they are. I would like to introduce them, and maybe ask that they hold up their hands. Of course, they will be responding to testimony. First, Mr. Buck, the Deputy Commissioner, here with me at the table, who has been introduced. Also present: Tom Perrelli, our Comptroller; Donald Mueller, Budget Director; Richard Norton, the Associate Commissioner, Examinations; Clarence Coster, Associate Commissioner, Enforcement; Elizabeth MacRae, Associate Commissioner, Information Systems; Joe Sylvester, Associate Commissioner of Management; Louis Del Rio, Director of Foreign Operations; and Raymond Momboisse, General Counsel; and also Greg Leo, Director of Congressional and Public Affairs. Mr. Chairman, I appreciate that the testimony will be included in the record, and I will summarize from the written testimony and also would appreciate the opportunity to use a few charts here. And I will start out and then make reference to them. Mr. BERMAN. Your entire testimony will be included in the record, Commissioner. Mr. NELSON. Thank you, Mr. Chairman. As noted, we are appearing before you, and appreciate this opportunity, in support of the 1990 budget request for INS of $866,459 Mr. BERMAN. Wait a second. Times are tough but Mr. NELSON. Excuse me $866 million. That is a hell of a budget cut-$866,459,000 and 13,792 positions. As noted, in addition to the appropriated amounts we have a legalization fee of $54.8 million; immigration user fee, $105 million; and immigration examination fee of $26.2 million. Taken together all of these amounts come up to more than $1 billion, as it was last year. I think it is significant to note the user fee aspect. These are very significant fees. The concept is excellent, and the way these fees are used to provide money for services directly is very significant, and we are pleased with that. I think it also is worthy of note, Mr. Chairman, that at the beginning of the Reagan years our budget was approximately $450 million, now we are over $1 billion, a very dramatic increase and I think, again, recognition of the administration as well as the Congress in giving funds for the important purposes. There are several program increases. There is some program cuts also, and those are reflected in the testimony. I would like to shift to a review of a number of program accomplishments, particularly under the Immigration Reform and Control Act of 1986. This truly was landmark legislation. A 6 or longer years effort by the administration, Congress an outside groups was successful, and the first immigration reform in 30 years. We were obviously proud of it, and I know you and other members of the committee were, in the efforts and in the success. Clearly, a bipartisan effort, and an important thing to remember as we continue in the immigration arena. I would like to review a number of the current aspects under IRCA. It doesn't hurt to go back and remember the legalization program in particular. I can remember after IRCA was passed there was a lot of speculation and concern as to whether we could make this program effective. Just to review for a minute—in the first 6 months after IRCA was passed we opened up 100 new offices; recruited, trained and hired over 2,000 new employees; established all of the appropriate regulations and operating guidelines, and that is done in a very open, deliberative process; printed and distributed millions of forms; developed a massive publicity campaign; contracted with all of the other church and voluntary organizations. And I think this, again, being accomplished in 6 months to kick off the program is something we all need to remember as a very good way to implement legislation, and I hope others can carry on that. Of course, the proof of the pudding is in eating, and the fact that after the program now is basically concluded, at least the initial part, that over 3 million have come forward. I think beyond almost anybody's estimate. And, as we have noted before, our total of 3 million is more than six times the combined total of all other countries in the world ever having a similar program. Nobody can argue with the success and how it was well done. A lot of people thought, well, people would be reluctant or unwilling to come to INS. The facts again prove the contrary, with 85 percent coming directly to INS and the fact that, again, they were fairly and efficiently treated, and I think that is a fact that we need to continue to emphasize. Turning to phase II of legalization, we are in that now. We estimate that almost 1.7 million aliens will apply, a very, very high percentage, well over 90 percent. Operations are proceeding very smoothly on phase II. We are in the midst of generating and developing another large public information campaign as we did in |