Iraq Naturalization Trip

As you read this, I’m in the air over the Mediterranean Sea on my way home from the Middle East. I would like to share with you what I just experienced. In Baghdad, at one of the former Presidential Palaces, I had the distinct honor of naturalizing 186 men and women serving in uniform in support of Operation Iraqi Freedom. Many of these service members have seen extensive combat and have served multiple tours in Iraq and Afghanistan. During my tenure with USCIS, I’ve had the opportunity to naturalize soldiers, sailors, airmen and Marines in far reaching corners of the world from Afghanistan to Djibouti. As a veteran of our military, I know first-hand the sacrifices our nation’s veterans make to secure our freedoms. Since 2004, more than 6,000 service members have become U.S. citizens while stationed overseas – of that number 2,500 naturalized in Iraq. Their service is a constant source of inspiration.

As the Director of U.S. Citizenship and Immigration Services, there’s another part of this story that’s just as important to me. Every time I naturalize military service members overseas, USCIS employees have gone before me to conduct interviews. From the deserts of Iraq, to the mountains of Afghanistan, to the middle of the ocean aboard Navy ships, the men and women of USCIS leave the safety of their homes to volunteer to support our troops. As I fly back to the States, I’m thinking not only of the sacrifices of our service members, I’m also thinking about the sacrifices of the USCIS public servants I work with that made these naturalizations possible.

I’m proud of the work my team does to naturalize military service members who are fully eligible for citizenship. However, our goal is to eliminate the need for conducting overseas military naturalization ceremonies by working closely with the Department of Defense to speed up the processing of military naturalization cases. We want to ensure that every eligible service member raises his or her right hand and recites the Oath of Allegiance before overseas deployment. This will benefit these brave men and women as well as their families. It’s the least a grateful nation can do for the men and women of our armed forces who have volunteered to defend America even before they’ve become citizens.

Jonathan “Jock” Scharfen
Acting Director, U.S. Citizenship and Immigration Services

State of Immigration

Earlier today I delivered the fourth of a series of regular updates regarding the state of immigration in our country. Rather than bombard you with a laundry list of metrics that indicate our progress, let me share just a few concrete examples.

This year, apprehensions of illegal immigrants along our southern border decreased 17 percent; last year, apprehensions decreased 20 percent – a clear indication of reduced crossing attempts. Remittances to Mexico and Latin America are also down for the year, another indicator of successful enforcement. Perhaps even more telling, a recent report from the Pew Hispanic Center found that for the first time in a decade, the flow of illegal immigrants into the United States dropped below the number of those legally entering the country. Pew also estimated that last year, for the first time since WW II, there was no increase in the number of illegal migrants in the U.S. Among the factors credited for this turnaround was "a heightened focus on enforcement of immigration laws."

By all indications – decreased apprehensions, remittances, and statistical data showing more legal than illegal immigrants – we are slowly but surely turning the tide of unchecked illegal immigration that has occurred for decades in our country. We’ve done this by adding more than 370 miles of fence to the border, nearly doubling the size of the Border Patrol, and deploying new technology. Through targeted interior enforcement actions, we've also identified and removed dangerous illegal alien gang members and fugitives in record numbers while sending an unambiguous message to employers who violate the law that we will not turn a blind eye toward illegality.

As part of this, we finalized our no-match regulation, which will give businesses clear guidance to respond to letters they may receive from the Social Security Administration notifying them that an employee's name and Social Security number doesn't match government records. This of course, could be the result of a simple clerical error; or it could indicate that the employee is working illegally – either way, this rule will give employers the guidance they need to respond appropriately and avoid legal ramifications.

My hope is that by re-establishing the government's credibility through these actions, we will not only begin to address one of our nation's greatest challenges, but we will leave a strong enforcement operation in place for the next Homeland Security Secretary to use as leverage to push Congress to comprehensively reform our nation's immigration laws. Until this happens, our country will never fully solve this problem.

Michael Chertoff

Temporary Protected Status Extensions

Earlier this week, the Department announced the extension of temporary protected status (TPS) for certain foreign nationals from El Salvador, Honduras and Nicaragua. Those three countries are still recovering from the devastating effects of natural disasters. For Honduras and Nicaragua, it was Hurricane Mitch in 1999. For El Salvador, it was a series of severe earthquakes in 2001.

To qualify for an extension, the TPS holder is required to re-register with U.S. Citizenship and Immigration Services. Specific re-registration instructions for TPS holders from El Salvador, Honduras and Nicaragua will soon appear in the Federal Register.

There are currently 70,000 Hondurans, 3,500 Nicaraguans and 229,000 Salvadorans with TPS in the United States.

Today’s announcement continues the United States’ long tradition of providing relief to our visitors who, for reasons beyond their control, can’t return to their homes.

Jonathan “Jock” Scharfen
Acting Director, USCIS

Processing Questions

I’ve been reading—absorbing the more than 400 comments you left from my last Journal entry. You’ve asked many questions—mostly about our processing times, wait times for visa approvals, and how we’re responding to the record number of applications we received last year.

But most of all, you want to know when USCIS will complete your case. Let me try to address some of your concerns.

After visiting local USCIS offices around the country and reviewing our current production statistics, I am confident USCIS will beat our projected 13- to 15-month processing estimate for completing naturalization applications filed after June 1, 2007—while we continue to improve processing times for other applications and petitions. Next month, we will provide you with a detailed report with updated processing times for all USCIS offices.

Our employees are hard at work every day, including evenings and weekends, processing files and interviewing applicants. The results of their efforts show tremendous productivity. I am optimistic that USCIS will exceed our goal of completing more than 1 million naturalization applications this fiscal year, which ends September 30, compared to last year’s 748,000 naturalization cases. And so far, applications received have been lower than normal this year. If that continues, we’ll bring processing times down further than we projected.

Many of you also asked about the processing times displayed at http://www.uscis.gov/, and why the dates sometimes go backward rather than forward. We estimate those dates based on a formula that calculates, among other things, the number of cases received within a defined period, how many cases we’ve completed during that time period, and how many cases remain in process that are [*] beyond our established processing time goals. Sometimes the flow of cases received and completed changes during a specific period in a way that shifts the date backwards. The processing timeframes shown on our webpage reflect applications just completed. So the page is only a tool for customers to estimate our current processing times.

In addition, the average processing times posted on our website do not take into account the many issues that may arise when a particular case is under review. For example, sometimes a USCIS officer may need to ask for additional information before a final decision can be made. If your case has been delayed beyond our posted processing times and you have not been asked for additional information, we encourage you to call our customer service line at 1-800-375-5283 to inquire about the status of your case.

Some of you also asked about the long wait for employment-based visas. The law limits how many people can immigrate in these employment based preference categories each year. That determines how many cases we can complete and often establishes how many new cases we can accept. To complicate matters, demand often far exceeds that supply. To assist applicants who are awaiting those visas, we will soon begin to issue Employment Authorization Documents (EADs) that are valid for 2 years for certain applicants who filed an application to adjust their status to permanent resident but are still awaiting an immigrant visa number.

Others have asked why petitions for their relatives take so long to process. Usually, it’s because an immigrant visa simply isn’t available. More than 1 million petitions to sponsor a relative are still awaiting visas. USCIS must manage our work based on the number of visas allowed by law. To change that, Congress would have to amend the law. No USCIS employee wants to keep a family apart or withhold proof of eligibility to work, but we must work within the requirements set by law.

Our current immigration system challenges us with backlogs on a regular basis. During the past fiscal year, we’ve begun to make improvements that will permanently eliminate future backlogs, including hiring additional employees, instituting new business processes and technology, and creating a new employee culture focused on professional training and development.

Will we succeed overnight? No. Making these changes—the right way—will take longer than my tenure as Acting Director. Nonetheless, we’re committed to making them sooner rather than later.

Thanks for taking time to read this entry.

Jonathan “Jock” Scharfen
Acting Director, U.S. Citizenship and Immigration Services

[* update: Changed "our" to "are."]

We're Listening

Last month, former U.S. Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez discussed an editorial printed in the New York Times about USCIS’ recent application backlog--and it generated more interest from readers than any other Leadership Journal entry to date, both in terms of the numbers of readers and posted comments.

I am not surprised. We all appreciate that immigration benefits granted by USCIS, including citizenship, employment authorization, and permanent residency for immigrants and their families, are incredibly important to you--our customers and stakeholders--and our nation. We also know that our business processes are not always transparent or easily understood—they are admittedly complex. In this Journal entry, I’ll try to address some of your comments.

Many comments dealt with the surge in applications that took place after USCIS announced its new fees. After a long, in-depth review of our financial situation, we increased our fees last summer. We had to. USCIS is almost completely funded by fees, and the agency was not meeting its obligations or operating costs under the old fee structure.

To meet those obligations, we needed to invest in new facilities and technology and build our staff to improve the service our customers deserve, knowing it would take some time to accomplish. These things do. We needed to ensure funds were actually coming in the door before hiring thousands of new employees or making investments in technology.

We expected an increase in filings prior to the fee increase, but not nearly the volume of filings we received. We did not foresee the impact of the national discussion on immigration reform, or gauge the impact of an overwhelmingly effective drive by community-based organizations to encourage immigrants to file for citizenship.

Now that the fee increase is generating needed revenue, we’re hiring and training 1,334 new adjudications officers and 521 new support staff – totaling 1,855 new USCIS employees, many of whom are already on board. We’ve shifted existing employees where that made sense, moved work where capacity was available. We are rehiring retired, experienced employees, and are developing new facilities to better serve customers. We’re even conducting interviews, where needed, on Saturdays, Sundays and after normal business hours.

At the same time, we’ve embarked on a joint plan with the FBI to eliminate the name check backlog. By providing additional funds to increase the FBI’s capacity to conduct name checks, we’ll eliminate the name check backlog by the end of next summer.

As a result of these combined efforts, we are now naturalizing new citizens at record levels. But just as important as what we are doing to address the surge in naturalization applications is what we are not doing: we are not compromising the quality or national security in processing these increased applications.

Again, thank you for reading and responding to USCIS’ previous Leadership Journal entry, and for reading this one. I look forward to reading your comments. This Journal is an excellent way to communicate with our stakeholders, and one that we intend to continue.

Jonathan “Jock” Scharfen
Acting Director, U.S. Citizenship and Immigration Services

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Americans By Choice

As the Director of U.S. Citizenship and Immigration Services (USCIS) and an American by choice, I find it satisfying that so many people want to become a part of the American fabric. The significant increase in the number of immigration applications and petitions filed is clearly welcome news as applicants demonstrate a deep desire to participate fully in our country’s civic life. I understand well that processing delays are not abstract numbers. Each case affects an individual’s or family’s dreams and aspirations. At USCIS, we are committed to providing immigration services and benefits to eligible applicants as expeditiously as possible.

In July and August, we received almost 2.4 million applications and petitions for immigration benefits, double the normal volume. During fiscal year 2007, the agency received approximately 1.4 million naturalization applications. That is more than the total naturalization applications filed in 2005 and 2006 combined. For the months of June and July of 2007, it represented an increase of nearly 350% compared to the same period in 2006.

This surge in filings initially resulted in receipting delays for many naturalization applicants. We have addressed this situation, and have returned to normal timeframes for issuing naturalization application receipt notices. USCIS projects this filing surge will impact overall processing times for naturalization applications received after June 1, 2007. USCIS is projecting that under current conditions, the average processing time for these applications is expected to be up to 18 months. It is likely, however, that some applicants in jurisdictions less heavily impacted by the filing surge will be processed sooner.

We are finalizing a plan to specifically address the application increase. It will detail how we expect to improve this situation by enhancing our information systems, realigning our internal processes, and expanding our workforce capabilities. In the interim, we are taking some immediate steps. Our new fee schedule (pdf) has provided the resources to expand our workforce by about 1,500 employees and invest in information technology, facilities, training and other areas to improve service. We now have more than 690 new staff members onboard, including more than 400 adjudicators, who have a direct effect on this workload. Many more will be arriving in USCIS offices this summer.

Our goal is to continue these efforts and accelerate them where possible to better meet demands. We will not shortcut our procedures or processes to the detriment of immigration integrity or national security. Processing applications fairly without sacrificing national security and public safety is our core mission, and the American people deserve our utmost dedication and commitment. USCIS remains committed to fulfilling its promise of maintaining the integrity of our immigration system while also providing world-class customer service.

Dr. Emilio T. Gonzalez
Director, USCIS

State of Immigration

This past August, in the wake of Congress’ failure to pass comprehensive reform, the Administration launched a series of major initiatives that are designed to secure our homeland by building on the progress already made against illegal immigration.

Yesterday, I delivered the first of a series of updates on how we are doing on this critical matter.

In previous journal entries, I detailed our work along our Southern Border, from building pedestrian and vehicle fencing to deploying thousands of new Border Patrol agents, along with National Guard members.

As we’ve put more fencing and boots on the ground, we’ve witnessed a 20% decline in cross-border apprehensions from the previous year, indicating that fewer people are trying to come here illegally. Financial remittances to Mexico have also declined, and we’re seeing fewer people in traditional border staging areas.

I want to talk to you now about similar progress we’ve made in interior enforcement. Immigration and Customs Enforcement (ICE) officers arrested over 3,500 gang members and their associates this past fiscal year. ICE also added 23 fugitive operations teams, and reduced its fugitive case backlog by more than 35,000 individuals.

ICE has also cracked down on employers who knowingly hire illegal immigrants. In fiscal year 2007, ICE made 863 criminal arrests, 4,077 administrative arrests, and obtained more than $30 million in criminal fines, restitutions and civil judgments as a result of worksite enforcement efforts.

We’ve made remarkable progress through stepped-up enforcement, but an enforcement-only approach does not fully address the illegal immigration problem. That’s why we’re giving employers better tools to verify their workforce and comply with the law. More than 24,000 companies were enrolled in E-Verify (our web-based system that allows employers to check if a worker is authorized to work in this country) this past fiscal year, and today, that number is 30,000.

In addition to providing tools for employers, we must also acknowledge that many of our economic needs are met by foreign workers. We must have effective legal channels for employers to hire temporary workers when American workers are unavailable, especially in the agriculture industry. That’s why we’re working with the Department of Labor to strengthen and streamline the H-2A Agricultural Seasonal Worker Program.

Some critics suggest that the federal government lacks the will to enforce the law. The record shows that criticism is untrue. But what is true is that we’ve had to fight lawsuits and special interests every step of the way, because some business and advocacy groups favor a silent amnesty and the status quo over enforcing our laws. My commitment is that we will not back down.

Thanks for reading.

Michael Chertoff

Securing the Border While Protecting the Environment

Today, we informed a federal judge in Washington that I am exercising the authority granted to me by Congress to waive legal restrictions that impede our border security efforts. This means that we’ll soon resume construction of a stretch of fencing near the San Pedro Riparian National Conservation Area (SPRNCA) in southeastern Arizona.

I want to stress that it’s not our intention to run roughshod over existing laws and regulations. But, Congress recognized the significance that secure borders have on our national security and provided legal authority for me to waive any restrictions that may impede our progress.

Let me explain the context behind my decision.

The SPRNCA has been a high traffic area for smugglers for several years. In fact, last year over 19,000 illegal entrants were apprehended in the area – 11 percent of whom had criminal backgrounds. Unfortunately, among these illegal entries, there were also 14 deaths. So there is a clear need to establish effective control of this part of the border for security, as well as humanitarian reasons.

But there are also environmental reasons to stop illegal crossings in the SPRNCA. Illegal entrants leave trash and high concentrations of human waste, which impact wildlife, vegetation and water quality in the habitat. Wildfires caused by campfires have significantly damaged the soil, vegetation, and cultural sites, not to mention threatened human safety. Indeed, illegal entry in and around the SPRNCA is such a problem that the Bureau of Land Management has had to impose restrictions on public recreation due to high levels of smuggling activity, vehicle thefts, and assaults.

To stem the flow of illegal entrants across the border in and around the SPRNCA, we began installing tactical infrastructure and pedestrian fencing as part of our Secure Border Initiative. Because of the environmentally sensitive nature of the area, we consulted four environmental reviews dating back to the mid-1990s to ensure our construction project would not result in significant impacts to the environment. Two separate federal land management agencies (whose mission includes administering and protecting the SPRNCA) also authorized the department to proceed with construction.

But, now we are enmeshed in a court case which is designed to further delay our construction. That delay will result in more drug and human smuggling through this corridor.

So, I’ve exercised my authority to waive the judge’s order. I think that further delay in securing the border in and around the SPRNCA presents an unacceptable risk to our national security, in addition to the environmental and human problems that will continue to occur if this area of the border is not secured.

To further ensure that our construction minimizes impact on the environment, we’ll be implementing several environmental mitigation measures and best practices. Specifically, we’ll work with the Fish and Wildlife Service to respond to wildlife concerns; we’ll erect temporary river barriers and remove them during flood season; we’ll work to prevent the introduction or spread of invasive weeds and restore temporarily disturbed areas with native plants; and provide a Storm Water Pollution Prevention Plan.

We’ve been mindful about how and when to use our environmental waiver authority. We stand ready to engage the public on the environmental effects of our activities, and to make reasonable accommodations. The process must be sensible and expeditious, however.

We’ve done so when environmental assessments have been exhausted but interest groups still stop or slow down projects by throwing up obstacles or litigation.

National security must take precedence. But, we will continue to carry out these security responsibilities with environmental stewardship. Thanks for reading.

Michael Chertoff

An American Story

As Secretary of Homeland Security, I am deeply inspired by our 208,000 employees who go to work each day to protect America. Combining hard work, initiative, and ingenuity with a heartfelt love of country, they exemplify what is truly great about this nation and its people. Coming from every background and walk of life, they are indeed a microcosm of America.

I am particularly inspired by immigrants and their children who have made this nation their own and are serving our Department with pride and patriotism. I was reminded of this while reading an outstanding op-ed piece by Jason Lim in last Sunday’s Washington Post.

In the article, he tells the remarkable story of how his father, a hardworking Korean immigrant, drove him to downtown New York City after September 11, and there, in the shadow of where the Twin Towers had stood, asked him to give up a promising corporate career and work for the United States government.

I am honored and proud that Jason now serves our Department at the Transportation Security Administration. I can imagine how proud his dad must be.

It takes a special courage to leave one’s native land as Jason’s dad once did in order to pursue the promise of a better life elsewhere. It takes a special person to make that choice and a special country like America to attract special people like Mr. Lim.

Mr. Lim and Jason, like so many other immigrants and their children, had already given much to our country – Mr. Lim through his small business in New York and Jason through completing a superb education and deploying his talents in the private sector. But after September 11, in gratitude for the opportunities they’ve had, they decided to give more.

What an inspiring example! The Lims, like so many others at DHS and elsewhere – in federal, state, and local governments – demonstrate the spirit of America.

Michael Chertoff