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In view of the

growing

seriousness

of the

situation, additional resources have been committed to the effort as a part of a plan to create an effective deterrent to those persons who would manipulate our asylum laws by filing frivolous applications. The consequences of doing nothing are truly staggering when one considers that there are millions of economically disadvantaged people within two days drive of our Southern border.

The plan includes expedited asylum adjudication in the Rio Grande Valley, with a full, fair and prompt hearing process, So that qualified applicants gain asylum as soon as possible and unqualified applicants are detained and quickly deported.

Over 400 INS personnel from throughout the country have been sent to South Texas to implement the plan. Border Patrol personnel have been augmented to enhance enforcement along the border and to provide additional detention security. Adjudications personnel and support were augmented to expedite the processing of applications. Detention and Deportation resources were augmented to provide for detention of applicants who are in an illegal status and to provide for the deportation of those aliens whose claims are adjudicated and denied.

Strict adherence to our uniform asylum policy is working. The number of applications is substantially down, and the record high numbers of Central American apprehensions has declined. Asylum applications have gone from a daily average high of 397 per day

during the period January 1 February 21, 1989 to a daily average

of 48 during the period March 16

April 15. Likewise, the average number of apprehensions per day in the McAllen Sector of nonMexican Nationals declined from a high of 147 in the period February 22 March 15, 1989 to 72 in the period March 16 April

15.

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The message that we have the resolve to control our borders is being carried back to those who would try to circumvent our Immigration laws.

While addressing the issue of asylum, a few words concerning Soviet Refugee processing are appropriate. During the remainder of this fiscal year we expect that as a result of an anticipated increase in the refugee ceiling, as many as 25,000 additional Soviet citizens will be eligible for refugee processing in Europe for movement to the United States. The Service expects to face additional demands on its resources as it processes these applications and conducts interviews.

CONCLUSION

As shown in this overview, the Service has made great strides in implementing new programs and in maintaining the performance of on-going efforts. Your interest and support have been and will

continue to be essential to our efforts.

Thank you, Mr. Chairman and members of the Subcommittee.

The members of the INS Fxecutive Staff and I are pleased to respond to your questions.

Mr. MORRISON. Mr. Milhollan.

Mr. MILHOLLAN. I understand my statement will be made a part of the record.

Mr. MORRISON. Yes, it will, and we would be pleased to have you summarize it orally.

STATEMENT OF DAVID L. MILHOLLAN, DIRECTOR, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE

Mr. MILHOLLAN. I would only say in regard to our own budget situation, our caseload is slightly on the increase. But in spite of the fact that we have not received a budgetary increase in the past 2 years, we are in control of our caseload.

Our one concern, of course, is the fact that under IRCA, sections 102 and 102, we have responsibility for adjudicating cases involving sanctions and the antidiscrimination provisions. We never received funding for those provisions, and as a result have had to take away from our other components to fund that particular function. And as our caseload does grow, that is certainly going to have a detrimental effect on our other functions.

So at this point all we are simply requesting is the funding of that function, 16 positions and slightly over $1 million for our budget, which would bring our own annual budget to approximately $35,000,500.

Glad to answer any questions.

Mr. MORRISON. Thank you very much.

[The prepared statement of Mr. Milhollan follows:]

PREPARED STATEMENT OF DAVID L. MILHOLLAN, DIRECTOR, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE

Mr. Chairman and members of the Subcommittee, I am pleased to be here on behalf of the Executive Office for Immigration Review (EOIR) to discuss our FY 1989 and PY 1990 budget

requests.

Our FY 1988 budget of 469 positions, 463 full-time equivalent workyears (PTE) and $29,948,000 remains our current FY 1989 budget.

As you know, EGIR received over $4 million in FY 1987 to support implementation of the Immigration Reform and Control Act of 1986 (IRCA). Full annualization of the PY 1987

supplemental brought us up to our PY 1988 total.

While our budget has, in fact, remained static in FY 1989, we have been able to address EOIR's growing workload. The Immigration and Naturalization Service's caseload estimates for FY 1989 did not materialize because of the Service's attention to other matters. In addition, several cost saving measures adopted in FY 1988, such as purchasing our automation equipment, thus reducing our lease costs in FY 1989 and beyond. and hiring less costly support personnel to assist our field

office operations. have allowed us to keep our caseload fairly current.

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Mr. Chairman, we have been able to reduce our pending caseload in our immigration judge offices from 63,289 cases in 1986 to 20,888 cases at the end of FY 1988. In regard to the Criminal Alien Program for which the Congress has expressed interest, we have coordinated the matter of hearing cases in fifty one states and territories including Puerto Rico and the District of Columbia and six different Bureau of Prisons locations. Hearings have been held or are currently scheduled at 53 different hearing locations throughout 35 of those Jurisdictions. Our current projections for immigration case receipts reflect the highest level of receipts since 1986.

I am currently experiencing the highest appeals case level in recent history for the Board of Immigration Appeals. Our receipts at the Board have more than tripled, from 2,898 receipts in 1984 to 10,191 receipts in 1988. We expect over 12,000 appeals to be filed in FY 1989. Fortunately, because of our cost saving measures and aggressive hiring program we have been able to control our caseload.

Mr. Chairman, we have requested 16 positions, 13 FTE and $1,064,000 in FY 1990 to fund the operation of the Office of the Chief Administrative Hearing Officer (OCAHO) program. Ав you know, Sections 101 and 102 of IRCA provide sanctions for employers who continue to hire unauthorized aliens and penalties against employers who discriminate against any

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