Iraq: Iraqi Refugees and Special Immigrant Visa Holders Face Challenges Resettling in the United States and Obtaining U.S. Government Employment
Published: 2010-03-09T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: Since the February 2006 bombing of the Al-Askari Mosque in Samara that triggered the displacement of thousands of Iraqis, the United States has taken a lead role in resettling the displaced. The administration has indicated its intent to assist those Iraqis who supported the United States in Iraq. In addition, Congress authorized the Departments of Defense (DOD) and State (State) to jointly establish and operate a program to offer temporary employment to Iraqi special immigrant visa (SIV) holders in the United States. This report provides information on the (1) status of resettled Iraqis in the United States and the initial challenges they face, (2) benefits afforded Iraqi refugees and SIV holders, and (3) challenges they face obtaining employment with the federal government. GAO conducted this review under the Comptroller General's authority. GAO analyzed data on Iraqi refugees and SIV holders in the United States, and laws and regulations on the benefits afforded to them. GAO also analyzed U.S. government employment and personnel security requirements. GAO interviewed officials from five key agencies regarding these requirements. This report does not contain recommendations. DOD provided official comments. State and the Departments of Homeland Security and Health and Human Services (HHS) provided technical comments. GAO incorporated these comments, as appropriate.
section_title: What GAO Found
paragraphs: Between fiscal years 2006 and 2009, the United States admitted 34,470 Iraqi refugees under State's Refugee Admissions Program. In addition, State issued 4,634 SIVs to Iraqis pursuant to two programs, established by Congress to help Iraqis who previously worked for the U.S. government in Iraq. Resettlement agencies, working under cooperative agreements with State, have resettled Iraqis throughout the United States but particularly in California and Michigan. These agencies have found that Iraqis arrive in the United States with high levels of trauma, injury, and illness, which contribute to the challenges they face in resettling in a new country. In addition, entry-level jobs normally available to refugees are scarce and more competitive in the current economic downturn. Iraqi refugees generally have high levels of education, according to U.S. officials and representatives from the resettlement agencies. Nevertheless, Iraqis have struggled to find entry-level employment in the United States. Iraqi refugees and SIV holders are eligible for resettlement assistance and public benefits upon arrival in the United States. State provides resettlement agencies $1,800 per person to cover basic housing, food, and assistance for accessing services during their first 30 days in the United States; however, support may continue for up to 90 days if basic needs have not been met. Refugees automatically receive these benefits; Iraqi SIV holders must elect to receive them within 10 days of receiving their visas. In addition, qualified Iraqi refugees and, as a result of December 2009 legislation, qualified SIV holders can receive certain assistance for up to 7 years through public benefits programs. Prior to December 19, 2009, Iraqi SIV holders' eligibility for public benefits generally ceased after 8 months. Both groups can also receive up to 8 months of cash and medical assistance from HHS if they do not qualify for public benefits. In addition, HHS funds social services, including job preparation, English language classes, and assistance with job interviews, for which Iraqi refugees and SIV holders may be eligible for up to 5 years. Iraqi refugees and SIV holders, including those who acted as interpreters and linguists for civilian agencies and military commands in Iraq, have limited opportunities for federal employment. Most federal positions in the United States require U.S. citizenship and background investigations; certain positions, including most positions related to Arabic or Iraq, also require security clearances, which noncitizens cannot obtain. However, GAO did identify positions at DOD's Defense Language Institute and State's Foreign Service Institute open to qualified noncitizens. Finally, State and DOD have not established the temporary program intended to offer employment to Iraqi SIV holders under authority granted the agencies in fiscal year 2009 legislation. Although both agencies have positions requiring Arabic language skills, neither identified any unfilled needs that could be met by employing Iraqi SIV holders through this joint program.

section_title: Letter
paragraphs: The February 2006 bombing of the Al-Askari Mosque in Samara triggered  sectarian violence in Iraq and increased the number of displaced Iraqis.  The United States has taken a lead role in resettling displaced Iraqis under  the Department of State’s (State) Refugee Admissions Program. In  addition, Congress established two special immigrant visa (SIV) programs  to help qualified Iraqis who previously worked for the U.S. government in  Iraq to immigrate to the United States. The administration has indicated  its intent to assist those Iraqis who supported the United States in Iraq.  Many worked for the United States as translators, interpreters, or  contractors. In addition, Congress authorized the Departments of Defense  (DOD) and State to jointly establish and operate a program to offer  temporary employment to Iraqi SIV holders in the United States as  translators, interpreters, or cultural awareness instructors.
GAO previously reported on U.S. and international efforts to protect and  assist Iraqi refugees in neighboring countries. In this report, we (1)  provide information on the status of resettled Iraqis in the United States  and the initial challenges they face, (2) review the benefits afforded Iraqi  refugees and SIV holders, and (3) review the challenges Iraqi refugees and  SIV holders face in obtaining employment with the federal government.  Due to broad congressional and national interest in the U.S. engagement in  Iraq, this work was conducted under the Comptroller General’s authority  to conduct evaluations on his own initiative. The late Senator Edward  Kennedy, former chairman of the Senate Committee on Health, Education,  Labor, and Pensions, also requested that GAO conduct this work.
To address our objectives, we collected and analyzed relevant laws,  regulations, and agency policies on Iraqi refugees and SIV holders  resettling in the United States and the benefits afforded them. We also  interviewed officials from State’s Bureaus of Population, Refugees, and  Migration (PRM) and Consular Affairs; the Department of Homeland  Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) and  Customs and Border Protection (CBP); and the Department of Health and  Human Services’ (HHS) Office of Refugee Resettlement (ORR). We also  interviewed representatives from 10 resettlement agencies that work with  PRM and ORR to provide benefits and services to refugees and SIV  holders. In addition, we analyzed relevant laws, regulations, executive  orders, and agency policies on U.S. government employment and  personnel security requirements. We interviewed officials from the Office  of Personnel Management (OPM) regarding requirements for U.S.  government employment. We also interviewed program, human resource,  and security officials from five key agencies—DOD, State, DHS, the  Department of Justice (DOJ), and the U.S. Agency for International  Development (USAID)—regarding their employment and personnel  security requirements for positions in the United States. We chose these  agencies because they have national security missions, ongoing programs  in Iraq, and need for personnel with Arabic language skills. We focused on  employment in the United States because generally Iraqi refugees and SIV  holders who want to apply for U.S. citizenship must reside in the United  States for a certain period of time. In addition, refugees’ ability to apply for  permanent resident status could be delayed if they travel overseas. We  did not develop an inventory of the agencies’ needs for Arabic language  skills or Iraqi expertise. The majority of our audit work was completed  prior to the December 2009 passage of the fiscal year 2010 Department of  Defense Appropriations Act, which changed Iraqi SIV holders’ eligibility  for public benefits, and the fiscal year 2010 Consolidated Appropriations  Act, which made changes to a long standing restriction on the use of  appropriated funds to employ noncitizens by the federal government in the  United States. We updated our report to reflect these changes, as  appropriate. A detailed description of our scope and methodology is  included in appendix I.
We conducted our work from July 2009 to March 2010 in accordance with  all sections of GAO’s Quality Assurance Framework that are relevant to  our objectives. The framework requires that we plan and perform the  engagement to obtain sufficient and appropriate evidence to meet our  stated objectives and to discuss any limitations in our work. We believe  that the information and data obtained, and the analysis conducted,  provide a reasonable basis for any findings and conclusions.
subsections: section_title: Background
paragraphs: According to the International Organization for Migration, the February  2006 bombing of the Al-Askari Mosque in Samara triggered sectarian  violence, which increased the number of displaced Iraqis. Although  military operations, crime, and general insecurity remained factors,  sectarian violence became the primary driver for population displacement.  Many Iraqis fled their country and immigrated to neighboring countries,  particularly to Syria and Jordan.
According to United Nations High Commissioner for Refugees (UNHCR),  the 1951 United Nations Convention Relating to the Status of Refugees and  its 1967 Protocol provide the foundation for modern refugee protection.  According to the Convention, a refugee is someone who, “owing to a well- founded fear of being persecuted for reasons of race, religion, nationality,  membership of a particular social group, or political opinion, is outside the  country of his nationality, and is unable or, owing to such fear, is unwilling  to avail himself of the protection of that country.…” UNHCR is mandated  to find solutions to the plight of refugees. According to UNHCR, three  solutions are available:    First, voluntary repatriation is the preferred solution for the majority of  refugees. Most refugees prefer to return home as soon as circumstances  permit (generally when a conflict has ended and a degree of stability has  been restored). UNHCR promotes, supports, and facilitates voluntary  repatriation as the best solution for displaced people, provided it is safe  and reintegration is viable.
Second, UNHCR may help refugees integrate and settle in the “asylum,” or  host, country where they reside as refugees. Some refugees cannot or are  unwilling to return because they would face persecution. According to  UNHCR, relatively few host countries allow refugees to settle.
Third, UNHCR may assist refugees in permanently resettling in third  countries. According to UNHCR, only a small number of nations take part  in UNHCR resettlement programs worldwide and accept annual quotas of  refugees. According to State, historically, less than 1 percent of registered  refugees are resettled in third countries. Of the Iraqis resettling in third  countries in 2009, UNHCR referred 75 percent (about 62,000) for  resettlement in the United States.
This report focuses on the third solution—those Iraqis resettled in the  United States. When Iraqi refugees and SIV holders arrive in the United  States, they have access to federal- and state-funded assistance to help  them reach self-sufficiency in their new communities. State has primary  responsibility for funding and administering initial reception and  placement benefits for refugees and SIV holders upon their arrival in the  United States. State’s PRM has cooperative agreements with 10  resettlement agencies that coordinate with local affiliates across the  country to make referrals and to administer resettlement services and  other assistance. HHS’s ORR administers cash and medical assistance, and  employment and other social services through the states and resettlement  agencies that coordinate services for refugees across the country.
Regarding federal government employment, individuals are generally  employed in the competitive, excepted, or Senior Executive Service. When  hiring for competitive service positions, agencies use a competitive  examination process set forth in Title 5 of the U.S. Code. Some agencies  have excepted service positions for which they are not required to follow  OPM’s competitive examination process; instead, the agencies have the  authority to establish their own hiring procedures. When agencies hire for  career senior executive positions—top-level policy, supervisory, and  managerial positions—the individual’s executive and managerial  qualifications must be reviewed and approved by an OPM-administered  Senior Executive Service Qualifications Review Board. According to OPM  data, the majority of civil service employees in the United States are in the  competitive service.
section_title: Iraqi Refugees and SIV Holders Arrive under Three Different U.S. Programs and Face Challenges upon Arrival in the United States
paragraphs: Between fiscal years 2006 and 2009, the United States has admitted 34,470  Iraqi refugees under State’s Refugee Admissions Program. Since fiscal year  2007, State has issued 4,634 SIVs to Iraqis. Resettlement agencies,  working under cooperative agreements with State, have resettled Iraqis  throughout the United States, but particularly in California and Michigan.  These agencies have found that Iraqis arrive in the United States with high  levels of trauma, injury, and illness, which contribute to the challenges  they face in resettling in a new country. In addition, entry-level jobs  normally available to refugees are scarce and more competitive in the  current economic downturn.
subsections: section_title: Iraqi Refugees and SIV Holders Arrive under One of Three Different U.S. Programs
paragraphs: State’s PRM manages the U.S. Refugee Admissions Program (USRAP)— the U.S. government’s program for accepting and processing refugee  applications for resettlement in the United States. PRM’s regional refugee  coordinator accepts referrals from UNHCR, embassies, and certain  nongovernmental organizations (NGO). Certain categories of Iraqis with  U.S. affiliations do not need a referral and may apply directly for refugee  consideration under a direct access program in Jordan, Egypt, and Iraq.  Overseas processing entities (OPE), working under a cooperative  agreement with State, prescreen the referrals and prepare application  forms by collecting and verifying personal and family information,  obtaining details of persecution or feared harm, and initiating security  name checks. Once the OPE prescreens the case, it is provided to DHS’s  U.S. Citizenship and Immigration Services (USCIS), which makes periodic  visits to the region to interview refugees and adjudicate their applications  for resettlement in the United States. Once USCIS preliminarily approves  cases, they are returned to the OPE, which continues processing medical  screenings, sponsorship (i.e., the identification of the U.S.-based  resettlement agency that will provide initial resettlement benefits), travel  arrangements, and cultural orientation, among other things. The cultural  orientation, which is a voluntary course for all refugees over the age of 15,  addresses essential topics related to processing, travel, and resettlement,  such as the role of the resettlement agency, housing, employment, health,  and money management. While the OPE coordinates outprocessing, PRM  secures a sponsoring resettlement agency in the United States. From fiscal  years 2006 through 2009, the United States admitted 34,470 Iraqi refugees  (see table 1).
DHS and State’s Bureau of Consular Affairs also have implemented two  SIV programs, established by Congress, to further assist qualified Iraqis  who worked for or on behalf of the U.S. government and who want to  immigrate to the United States. Both programs cover the principal Iraqi  applicants and their dependents. Iraqi SIV holders are admitted into the  United States as lawful permanent residents. The first SIV program,  established under section 1059 of the NDAA for fiscal year 2006, targets  Iraqi and Afghan translators and their dependents. The second SIV  program, established under section 1244 of the NDAA for fiscal year 2008,  targets certain Iraqis who had been U.S. government employees,  contractors, or subcontractors and their dependents. In January 2008,  Congress authorized that up to 5,000 Iraqis per year for the next 5 fiscal  years, who had worked for or on behalf of the U.S. government in Iraq and  had experienced or were experiencing an ongoing serious threat as a  consequence, can receive SIVs. Some Iraqi refugees may also qualify for  the SIV programs.
To apply for special immigrant status, eligible Iraqis may file a petition,  including a favorable recommendation from their U.S. civilian or military  supervisor documenting their service. USCIS sends approved petitions to  State’s National Visa Center, which contacts applicants to set up an in- person interview at an embassy or a consulate. Consular officials  interview applicants, review the submitted documents and security and  medical clearances, and issue an immigrant visa if candidates satisfy all  criteria. At the end of fiscal year 2009, State had issued 2,389 SIVs to  principal Iraqi applicants out of a maximum authorized 11,050 principal- applicant visas. Under the two programs, the United States issued 4,634  Iraqi SIVs from fiscal years 2007 through 2009 (see table 2). It is unclear  how many Iraqis with SIVs have entered the United States. USCIS provided  us with data on the number of Iraqi and Afghan SIV holders who were  admitted into the United States as permanent residents (or green card  holders) between fiscal years 2007 and 2009. Iraqi and Afghan SIVs are  issued based on an applicant’s nationality. USCIS provided us these data  by applicants’ country of birth, but could not provide the data by  nationality. Therefore, we report only Iraqi SIV issuance data.
section_title: Iraqi Refugees and SIV Holders Have Resettled Across the United States
paragraphs: Since fiscal year 2006, Iraqi refugees and SIV holders have resettled in  communities across the United States. Placement decisions consider the  location of an individual’s family members, potential medical needs, and  municipal and sponsoring agency capacity to accept and provide for  refugees and SIV holders. The largest populations of recently resettled  Iraqis are in California, Michigan, Texas, Arizona, Illinois, and Virginia (see  fig. 1 and app. II for more information).
section_title: Iraqi Refugees and SIV Holders Face Challenges Resettling in the United States
paragraphs: According to NGOs and resettlement agencies, the U.S. refugee  resettlement program has been strained by a growing number of Iraqi and  Afghan refugees and the economic downturn in the United States. In June  2009, the International Rescue Committee reported that the high levels of  trauma, injury, and illness among Iraqi refugees contribute to the  precarious nature of their resettlement. Moreover, unemployment and  homelessness threaten Iraqi refugees and other populations recently  resettled in the United States, according to NGOs and resettlement  agencies. In October 2009, the Georgetown Law School reported that a  Michigan resettlement office received funding in 2008 for 300 refugees, but  served more than 1,200. Caseworkers, dealing with an average of 120 cases  at a time—up from 30 the year before—could not provide what they  considered sufficient employment services. According to the  International Rescue Committee report and resettlement agency officials  we interviewed, some Iraqi refugees face eviction because they cannot pay  their rent.
The present economic downturn has made jobs normally available to  refugees, such as entry-level jobs with limited English proficiency, scarce  and more competitive. An ORR official stated that, before the current  economic recession, refugees could regularly secure such jobs, but since  the recession these positions are generally not available. Most of the  resettlement agencies stated that it is taking longer than usual—often as  long as 6 months, and in some cases, 9 to 10 months—for incoming  refugees to find employment. U.S. officials and resettlement agencies  stated that without jobs, some refugees are unable to get by on the levels  of assistance afforded them by the U.S. refugee resettlement program.
Iraqi refugees, in particular, have faced difficulties finding work despite  their relatively high levels of education, according to PRM, ORR, and  USCIS officials, and representatives from the resettlement agencies.  According to an ORR official and resettlement agency officials, the U.S.  resettlement program does not take into account refugees’ prior work  experience and education in job placements. Rather, the focus of the  program is on securing early employment for refugees. PRM data indicate  that many Iraqi refugees who were resettled in the United States in fiscal  years 2007 through 2009 reported having some secondary education.  PRM, ORR, and the resettlement agencies reported that educated Iraqis  are struggling to find entry-level employment in the United States, much  less employment in their professional field of work. For example, we  interviewed three Iraqi refugees about their experience searching for  employment in the United States. Two had worked for the U.S.  government in Iraq, and one was unable to find an entry-level position  requiring no formal education. This individual estimated that he had  applied for more than 30 low-skill jobs, such as for a busboy and cleaner,  before his former U.S. supervisor in Iraq helped him find a job.
section_title: As of December 2009, Iraqi SIV Holders Are Eligible for Resettlement Assistance and Public Benefits to the Same Extent as Refugees
paragraphs: Iraqi refugees and SIV holders are eligible for PRM-funded basic needs  support and services upon arrival in the United States. In addition,  qualified Iraqi refugees and—as a result of December 2009 legislation— qualified Iraqi SIV holders can receive certain assistance generally for up  to 7 years through public benefits programs. Prior to December 19, 2009,  Iraqi SIV holders’ eligibility for public benefits generally ceased after 8  months. Both groups can receive up to 8 months of ORR-funded cash and  medical assistance.
According to PRM, its assistance typically lasts for 30 days; however,  support may continue for up to 90 days if basic needs have not been met.  All refugees automatically receive this assistance, which includes travel  arrangements to their assigned resettlement location, basic housing, food  allowances, school enrollments, and referrals for medical needs, through  the resettlement agencies.  As of January 1, 2010, PRM provides the  resettlement agencies $1,800 per refugee to cover the direct and  administrative costs of the assistance. Prior to January 1, 2010, PRM  provided resettlement agencies $900 per refugee. Iraqi SIV holders do not  automatically receive these benefits; they must sign up to receive them  within 10 days of receiving their visas. SIV holders who do not accept PRM  benefits make their own travel arrangements and may resettle anywhere in  the United States. According to PRM data, 1,995 SIV holders (out of 4,634  total issued visas for these years) have participated in the PRM program  since 2007, when Iraqi SIV holders were first authorized to access these  benefits.
Qualified Iraqi refugees and, as of December 19, 2009, qualified Iraqi SIV  holders may be eligible for federal public benefit programs, including  Temporary Assistance for Needy Families (TANF), Medicaid and State  Children’s Health Insurance Program (SCHIP), Supplemental Security  Income (SSI), and Supplemental Nutrition Assistance Program (SNAP,  formerly the Food Stamp Program), for generally up to 7 years,  depending on the program and the state. Permanent residents (such as  Iraqi SIV holders) are generally barred from receiving certain public  benefits for their first 5 years in the United States. However, in 2007,  Congress passed legislation establishing that Iraqi SIV holders could  receive public benefits for up to 6 months. In 2008, Congress extended  their allowance to 8 months. The DOD Appropriations Act for fiscal year  2010 included a provision which allows Iraqi SIV holders to be eligible for  public benefits to the same extent, and for the same period of time, as  refugees. Relevant agencies are in the process of issuing guidance to  further define the application of this provision to Iraqi SIV holders.
In addition, ORR funds social services, for which Iraqi refugees and SIV  holders may be eligible, for up to 5 years. ORR social services, which  include job preparation, English language classes, and assistance with job  interviews, do not have income requirements and are designed to find  refugees employment within 1 year of enrollment. Figure 2 provides  information on the types of resettlement assistance available to qualified  Iraqi refugees and SIV holders, and the impact of the December 19, 2009,  legislation on the duration of time for which they may be eligible for this  assistance.
As figure 2 also shows, Iraqi refugees and SIV holders who are not eligible  for TANF or Medicaid may be eligible for ORR-funded Refugee Cash  Assistance (RCA) and Refugee Medical Assistance (RMA) for up to 8  months. According to ORR, most Iraqi refugees and SIV holders who do  not qualify for TANF or Medicaid are eligible for RCA and RMA. Refugee  resettlement assistance programs, such as cash assistance, ensure that  refugees become self-sufficient as quickly as possible after they arrive in  the United States. To participate in RCA, qualifying refugees and SIV  holders must register for employment services and generally accept the  first job offered, unless they can show good cause for not accepting the  position.
section_title: Iraqi Refugees and SIV Holders Face Challenges in Obtaining U.S. Government Employment
paragraphs: Current requirements make it difficult for qualified Iraqi refugees and SIV  holders to obtain U.S. government employment. Specifically, most federal  jobs in the United States require U.S. citizenship and background  investigations, and Arabic language positions often require security  clearances, which noncitizens cannot obtain. Over the course of our work,  we identified two institutes at DOD and State that have some flexibility in  hiring noncitizens for U.S. positions. Finally, DOD and State have not  implemented a program intended to employ SIV holders under authority  granted in 2009 legislation.
subsections: section_title: Most Federal Positions in the United States Require U.S. Citizenship and Background Investigations; Most Arabic Positions Also Require a Security Clearance
paragraphs: U.S. government hiring requirements limit the extent to which  noncitizens—including Iraqi refugees and SIV holders—can be employed  in federal government positions in the United States. Iraqi refugees and  SIV holders seeking federal government employment also face challenges  posed by requirements for background investigations, and, for certain  positions, security clearances.
First, U.S. government agencies are restricted from employing noncitizens  in competitive service positions. For example, USCIS reported that it  may employ only U.S. citizens and nationals as Arabic language specialists  because the positions are in the competitive service. Under a provision  passed in the fiscal year 2010 Consolidated Appropriations Act, agencies  can use appropriated funds to employ qualifying permanent residents and  refugees seeking U.S. citizenship in the excepted service or the Senior  Executive Service. Second, a particular agency may have specific  legislation that prohibits that agency from employing noncitizens in  certain positions. For example, State may employ only U.S. citizens in the  Foreign Service, including its overseas positions that require Arabic.  Similarly, DHS’s Transportation Security Administration may only employ  U.S. citizens as Transportation Security Officers.
According to OPM officials, it is difficult to complete background  investigations, which are required for all U.S. government employees, on  Iraqi refugees and SIV holders. For example, it is difficult to obtain the  information necessary to verify Iraqi refugees’ or SIV holders’ employment  history and other information required for the investigation. In addition,  OPM officials stated that the background checks used to hire Iraqis as part  of the U.S. mission in Iraq are not sufficient to substitute for the  background investigation required for civil service employment in the  United States.
In addition, some U.S. government positions may also require security  clearances to ensure that national security information is entrusted only to  those who have proven reliability and loyalty to the nation; however,  noncitizens cannot obtain security clearances. Four of the five agencies  we reviewed reported that security clearances are required for most or all  of their positions that require or prefer knowledge of Arabic or Iraq;  USAID requires security clearances for all direct-hire positions. For  example, DOD, DHS, and DOJ have intelligence positions that may require  Arabic, but all such positions require a security clearance. Similarly,  USAID officials said that, while they have a preference for persons who  speak Arabic or have knowledge of Iraq, all civil service and all Foreign  Service positions at USAID require security clearances. In addition,  officials in the Human Rights Violators and War Crimes Unit in DHS’s  Immigrations and Customs Enforcement reported that, as of September  2009, there were 20 open investigations that would benefit from Arabic  language skills. However, all staff in the unit must have security  clearances.
section_title: DOD and State Have Some Flexibility to Hire Noncitizens for Positions in the United States
paragraphs: Certain federal positions in the United States at DOD and State are open to  noncitizens, including Iraqi refugees and SIV holders. Specifically, as of  November 6, 2009, DOD’s Defense Language Institute (DLI) reported  having 501 Arabic positions—including 32 open positions; all were  available to noncitizens. Similarly, all 21 Arabic positions at State’s  Foreign Service Institute (FSI) are available to noncitizens, according to  FSI (see table 3). Both DLI and FSI reported that they had previously hired  foreign nationals to fill these types of positions.
DLI and FSI can hire noncitizens, including Iraqi refugees and SIV holders,  because language instructor positions at DLI and FSI are in the excepted  service. Neither DLI nor FSI require security clearances because Arabic  instructors do not require access to classified information, according to  personnel officials at each institute. However, the positions do require  background investigations. The positions may also require degrees or  other educational backgrounds.
section_title: DOD and State Have Not Used Their Statutory Authority to Employ Iraqi SIV Holders
paragraphs: In fiscal year 2009, the NDAA authorized DOD and State to jointly  establish a temporary program to employ Iraqi SIV holders who have  resettled in the United States as translators, interpreters, and cultural  awareness instructors, but the agencies have not done so. According to  OPM officials, DOD and State are authorized to hire Iraqi SIV holders as  (1) temporary employees in excepted service positions, or (2) as  personal services contractors, in which case they are not federal  employees. In the committee report for the fiscal year 2010 NDAA, the  House Armed Services Committee noted that Iraqi SIV holders’ fluency i Arabic and knowledge of Iraq could be useful to the U.S. government. The  committee also noted that many of the SIV holders worked on behalf of  the United States and coalition forces for years, often at great risk to  themselves or their families. Although DOD and State have needs for  Arabic speakers, such as language instructors at DLI and FSI, DOD policy  officials and State human resource officials stated that the agencies do not  plan to establish this program to employ qualified Iraqi SIV holders to fill  any unmet needs. A senior DOD policy official stated that DOD’s human  resources divisions did not have a need for additional Arabic speakers.  Moreover, DOD and State officials stated that the departments did not  receive any funding for the program.
section_title: Agency Comments and Our Evaluation
paragraphs: DOD provided written comments on a draft of this report (see appendix  III). State, DHS, and HHS provided technical comments, which we  incorporated, as appropriate. We also sent a draft of this report to DOJ,  USAID, and OPM, but they did not provide comments.
DOD noted that it is meeting its need for translators, interpreters, and  cultural awareness instructors with knowledge of Arabic or Iraq through  existing hiring authorities. Therefore, as we state in our report, DOD has  not identified a need to establish the temporary employment program for  Iraqi SIV holders pursuant to the NDAA for fiscal year 2009.
We are sending copies of this report to interested congressional  committees and the Secretaries of State, Defense, Health and Human  Services, and Homeland Security, as well as the Attorney General, the  Administrator of USAID, and the Director of OPM. This report will also be  available at no charge on the GAO Web site at http://www.gao.gov. If you  or your staff have any questions about this report, please contact me at  (202) 512-8979 or christoffj@gao.gov. Contact points for our Offices of  Congressional Relations and Public Affairs may be found on the last page  of this report. Key contributors to this report are listed in appendix IV.
section_title: Appendix I: Objectives, Scope, and Methodology
paragraphs: In this report, we (1) provide information on the status of resettled Iraqis  in the United States and the initial challenges they face, (2) review the  benefits afforded to Iraqi refugees and special immigrant visa (SIV)  holders, and (3) review the challenges faced by Iraqi refugees and SIV  holders in obtaining employment with the federal government.
To provide information on the number and location of resettled Iraqis and  the initial challenges they face, we collected and analyzed documentation  and interviewed officials from the Department of State’s (State) Bureau of  Population, Refugees, and Migration (PRM) and Consular Affairs; the  Department of Health and Human Services’ (HHS) Office of Refugee  Resettlement (ORR); and the Department of Homeland Security’s (DHS)  U.S. Citizenship and Immigration Services (USCIS). In addition, we  interviewed representatives from 10 resettlement agencies that work with  PRM and ORR to provide benefits and services to Iraqi refugees and SIV  holders: Church World Service; Episcopal Migration Ministries; Ethiopian  Community Development Council; Hebrew Immigrant Aid Society; Iowa  Department of Human Services, Bureau of Refugee Services; International  Rescue Committee; Lutheran Immigration and Refugee Service; U.S.  Committee for Refugees and Immigrants; U.S. Conference of Catholic  Bishops; and World Relief. We also interviewed two nongovernmental  organizations (NGO) that work with PRM and ORR to provide technical  assistance to resettlement agencies on refugee employment and cultural  adjustment issues. We reviewed reports issued by NGOs on the status of  Iraqi refugees in the United States and the challenges they face in  resettling in this country. We interviewed several Iraqi refugees about their  resettlement experiences; their views or experiences may not be  representative of other refugees or SIV holders.
To determine the reliability of Consular Affairs data on Iraqi SIV issuances,  we interviewed the Consular Affairs official who maintains this data. We  determined that the data were sufficiently reliable to report on the number  of Iraqi SIVs issued between fiscal years 2007 and 2009. USCIS provided us  with data on the number of Iraqi and Afghan SIV holders who were  admitted into the United States as permanent residents (or green card  holders) between fiscal years 2007 and 2009. Iraqi and Afghan SIVs are  issued based on an applicant’s nationality. USCIS provided us these data  by applicants’ country of birth, but could not provide the data by  nationality. As a result, we determined that these data were not  sufficiently reliable to indicate how many Iraqi SIV holders were admitted  into the United States during this time period. Therefore, we report only  Iraqi SIV issuance data. To determine the reliability of PRM data on  resettled Iraqi refugees and SIV holders, we interviewed the PRM officials  who monitor and use these data. We determined that the data were  sufficiently reliable to report on the number, locations, and reported  general education levels of resettled Iraqis between fiscal years 2006 and  2009.
To review the benefits afforded Iraqi refugees and SIV holders, we  collected and analyzed relevant laws, regulations, and agency policies  regarding federally and state-funded and administered refugee  resettlement programs. We interviewed officials from PRM and ORR to  determine the types of benefits available and their eligibility requirements.  The majority of our audit work was completed prior to the December 2009  passage of the fiscal year 2010 Department of Defense (DOD)  Appropriations Act, which changed Iraqi SIV holders’ eligibility for public  benefits.
To review the challenges Iraqi refugees and SIV holders face in obtaining  employment with the federal government, we analyzed relevant laws,  regulations, executive orders, and agency policies on U.S. government  employment and personnel security requirements. The majority of our  audit work was completed prior to the December 2009 passage of the  fiscal year 2010 Consolidated Appropriations Act, which made changes to  a long standing restriction on the use of appropriated funds to employ  noncitizens by the federal government in the United States. We  interviewed officials from the Office of Personnel Management (OPM)  regarding requirements for U.S. government employment. We also  interviewed program, human resource, and security officials from five key  agencies—DOD (specifically, the Army), State, DHS, the Department of  Justice, and the U.S. Agency for International Development (USAID)— regarding their employment and personnel security requirements positions  in the United States. We chose these agencies because they have national  security missions, ongoing programs in Iraq, and needs for personnel with  Arabic language skills; we did not include the intelligence community. We  focused on employment in the United States because generally Iraqi  refugees and SIV holders who want to apply for U.S. citizenship must  reside in the United States for a certain period of time. In addition,  refugees’ ability to apply for permanent resident status could be delayed if  they travel overseas. We did not develop an inventory of the agencies’  needs for Arabic language skills or Iraqi expertise. We also interviewed  policy officials at DOD and State regarding the temporary program  authorized by the fiscal year 2009 Duncan Hunter National Defense  Authorization Act to employ Iraqi SIV holders who have resettled in the  United States as translators, interpreters, and cultural awareness  instructors at DOD and State.
To assess the reliability of data on Arabic positions at DOD’s Defense  Language Institute (DLI) and State’s Foreign Service Institute (FSI), we  interviewed human resource officials at DLI, DOD’s U.S. Army Training  and Doctrine Command, and FSI. We determined that the data were  sufficiently reliable to report on the number of Arabic positions at DLI and  FSI.
section_title: Appendix II: Initial Resettlement, by State, of Iraqi Refugees and Special Immigrant Visa Holders, Fiscal Years 2006 through 2009
paragraphs: Table 4 provides data on the numbers of Iraqi refugees and special  immigrant visa (SIV) holders who were resettled in the United States from  fiscal years 2006 through 2009. The six states with the highest numbers in  each category are noted with an asterisk.
section_title: Appendix III: Comments from the Department of Defense
section_title: Appendix IV: GAO Contact and Staff Acknowledgments
subsections: section_title: GAO Contact
section_title: Staff Acknowledgments
paragraphs: In addition to the contact named above, Tetsuo Miyabara, Assistant  Director; Kathryn H. Bernet; Muriel Brown; Lynn Cothern; Martin de  Alteriis; Etana Finkler; Corissa Kiyan; Mary Moutsos; Steven Putansu; and  Lindsay Read made key contributions to this report.