The devastation and displacement caused by Hurricane Katrina in the Gulf Coast region ofthe United States pose a host of environmental, human resource, and other public policy challenges. Caught in the web of this tragedy and its sweeping dilemmas are a unique subset ofimmigration-related issues. The loss of livelihood, habitat, and life itself has very specificimplications for foreign nationals who lived in the Gulf Coast region. Whether the noncitizen orforeign national is a legal permanent resident (LPR), a nonimmigrant (e.g., temporary resident sucha foreign student, intracompany transferee, or guest worker) or an unauthorized alien (i.e., illegalimmigrant) is a significant additional factor in how federal immigration and public welfare laws areapplied. In this context, the key question is whether Congress should relax any of these lawspertaining to foreign nationals who are victims of Hurricane Katrina . The total number of foreign nationals affected by Hurricane Katrina is not known. Surveydata from the U.S. Census Bureau estimate that over 270,000 foreign-born persons lived in Alabama,Louisiana, and Mississippi in 2004. (1) The Department of Homeland Security (DHS) estimates that34,242 naturalized citizens, 24,087 LPRs, and 71,992 nonimmigrants may be affected by HurricaneKatrina. (2) Jeffrey Passel,a demographer who specializes in unauthorized migration, estimates that at least an additional20,000 to 35,000 unauthorized aliens are victims of Hurricane Katrina. (3) This report focuses on four immigration policy implications of Hurricane Katrina. It openswith a discussion of employment verification and other documentary problems arising for those whohave lost their personal identification documents. It follows with an overview of the rules fornoncitizen eligibility for federal benefits. Issues pertaining to how the loss of life or livelihoodaffects eligibility for immigration visa benefits are discussed next. The report closes withbackground on relief from removal options for Katrina-affected aliens. Legislation addressing thesepolicy areas is discussed in the relevant sections. Many of the victims of Hurricane Katrina lack personal identification documents as a resultof being evacuated from their homes, loss or damage to personal items and records, and ongoingdisplacement in shelters and temporary housing. As a result of the widespread damage anddestruction to government facilities in the area affected by the hurricane, moreover, many victimswill be unable to have personal documents re-issued in the near future. Lack of adequate personalidentification documentation, a problem for all victims, has specific consequences under immigrationlaw, especially when it comes to employment. The Immigration and Nationality Act (INA) requires employers to verify employmenteligibility and establish identity through specified documents presented by the employee -- citizensand foreign nationals alike. Specifically, Â§274(a)(1)(B) of the INA makes it illegal for an employerto hire any person -- citizen or alien -- without first verifying the person's authorization to work inthe United States. Employers (and recruiters and referrers for a fee) must examine documents andattest that they appear to be genuine and relate to the individual. If a document does not reasonablyappear on its face to be genuine and relate to the person presenting it, the employer may not acceptit. Under INA Â§274(b), employers may not specify which document(s) the person must present. TheINA and applicable regulations provide for three categories of documents: (1) those that establishboth identity and employment eligibility; (2) those that establish identity only; and (3) those thatestablish work eligibility only. (4) Employers who fail to properly comply as required by law are subject to sanctions. Specifically, employers who fail to complete, retain, and/or present the proper form (known as theI-9) for inspection may be subject to a civil penalty for violations ranging from $110-$1,100 peremployee. For a violation of hiring unauthorized aliens, an employer can also face: $275-$2,200fine for each unauthorized individual; $2,200-$5,500 for each employee if the employer haspreviously been in violation; and, $3,300-$11,000 for each individual if the employer was subjectto more than one cease and desist order. (5) On September 6, 2005, DHS, the federal department responsible for enforcing theseprovisions of law, issued a statement that it would not bring sanction actions against employers forhiring individuals evacuated or displaced as a result of Hurricane Katrina. ... the Department of Homeland Security will refrainfrom initiating employer sanction enforcement actions for the next 45 days for civil violations, underSection 274A of the Immigration and Nationality Act, with regard to individuals who are currentlyunable to provide identity and eligibility documents as a result of the hurricane. Employers will stillneed to complete the Employment Eligibility Verification (I-9) Form as much as possible but shouldnote at this time that the documentation normally required is not available due to the eventsinvolving Hurricane Katrina. At the end of 45 days, the Department of Homeland Security willreview this policy and make further recommendations. (6) Given that the individuals affected by Hurricane Katrina are now scattered across the UnitedStates, this moratorium on sanctioning employers may have broad implications and is not withoutits critics. Representative Lamar Smith, for example, is quoted as saying: "Hurricane Katrina hascaused a situation unlike any we have ever had to endure, but that does not mean that the Departmentof Homeland Security has the authority to ignore important laws." Representative Smith, who sitson the House Committee on the Judiciary Subcommittee on Immigration, Border Security andClaims, continued, "the end result may be worthwhile, but that does not mean that federal agenciescan disregard statutes put in place to protect American jobs." (7) U.S. Citizenship and Immigration Services (USCIS) announced that the records in its NewOrleans office were not damaged and that field offices assisting hurricane victims in replacingofficial documentation. USCIS stated that it will be verifying identity and immigration status beforere-issuing any immigration related document and will be utilizing its electronic file data to performidentity verification where possible. (8) On September 21, 2005, the House of Representatives passed under suspension of the rules, H.R. 3827 , the Immigration Relief for Hurricane Katrina Victims Act of 2005. Amongother provisions, H.R. 3827 would amend the INA to authorize DHS to waive for not more than 90days employer attestation or verification requirements due to disaster-caused document loss (duringa major disaster-declaration period). The House-passed bill also would authorize DHS to replace orprovide temporary identity and employment authorization documents lost, stolen, or destroyed asa consequence of Hurricane Katrina. Lack of sufficient documentation to confirm eligibility for federal programs and assistanceis a core issue for all victims, not merely those who are noncitizens. The eligibility of noncitizensfor public assistance programs, moreover, is based on a complex set of rules that are determinedlargely by the type of noncitizen in question and the nature of services being offered. (9) The Personal Responsibilityand Work Opportunity Reconciliation Act of 1996 ( P.L. 104-193 ) is the key statute that spells outthe eligibility rules for noncitizens seeking federal assistance. As legislation to ease the federaleligibility rules for public assistance for Hurricane Katrina victims generally is under consideration,the question of whether to ease the specific rules for noncitizens has arisen (S. 1695). (10) Under current law, noncitizens' eligibility for the major federal means-tested benefitprograms largely depends on their immigration status and whether they arrived in the United States(or were on a program's rolls) before August 22, 1996, the enactment date of the PersonalResponsibility and Work Opportunity Reconciliation Act of 1996 ( P.L. 104-193 ). The basic rulesare as follows: Refugees and asylees are eligible for SSI benefits and Medicaid for seven yearsafter arrival, and for five years under TANF. (11) After this term, they generally are ineligible for SSI, but may beeligible, at state option, for Medicaid and TANF. LPRs with a substantial work history -- generally 10 years (40 quarters) ofwork documented by Social Security or other employment records -- or a military connection (activeduty military personnel, veterans, and their families) are eligible for the full range ofprograms. All aliens who have resided in the United States for five or more years as"qualified aliens" -- i.e., LPRs, refugees/asylees, and other non-temporary legal residents (such asCuban/Haitian entrants) are eligible for food stamps. LPRs receiving SSI as of August 22, 1996, continue to beeligible. Medicaid coverage is required for all otherwise qualified SSI recipients (theymust meet SSI noncitizen eligibility tests). Disabled LPRs who were legally resident as of August 22, 1996, are eligiblefor SSI. LPRs receiving government disability payments, so long as they pass anynoncitizen eligibility test established by the disability program (e.g., SSI recipients would have tomeet SSI noncitizen requirements in order to get food stamps) are eligible for food stamps. (12) LPRs who were elderly (65+) and legally resident as of August 22, 1996, areeligible for food stamps. LPRs who are children (under 18) are eligible for foodstamps. LPRs entering after August 22, 1996, are barred from TANF and Medicaid forfive years, after which their coverage becomes a state option.