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

Letter

Background

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.

Iraqi Refugees and SIV Holders Arrive under Three Different U.S. Programs and Face Challenges upon Arrival in the United States

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.

Iraqi Refugees and SIV Holders Arrive under One of Three Different U.S. Programs

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.

Iraqi Refugees and SIV Holders Have Resettled Across the United States

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).

Iraqi Refugees and SIV Holders Face Challenges Resettling in the United States

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.

As of December 2009, Iraqi SIV Holders Are Eligible for Resettlement Assistance and Public Benefits to the Same Extent as Refugees

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.

Iraqi Refugees and SIV Holders Face Challenges in Obtaining U.S. Government Employment

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.

Most Federal Positions in the United States Require U.S. Citizenship and Background Investigations; Most Arabic Positions Also Require a Security Clearance

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.

DOD and State Have Some Flexibility to Hire Noncitizens for Positions in the United States

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.

DOD and State Have Not Used Their Statutory Authority to Employ Iraqi SIV Holders

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.

Agency Comments and Our Evaluation

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.

Appendix I: Objectives, Scope, and Methodology

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.

Appendix II: Initial Resettlement, by State, of Iraqi Refugees and Special Immigrant Visa Holders, Fiscal Years 2006 through 2009

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.

Appendix III: Comments from the Department of Defense

Appendix IV: GAO Contact and Staff Acknowledgments

GAO Contact

Staff Acknowledgments

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.