STATEMENT OF

STEPHEN A. “TONY” EDSON

DEPUTY ASSISTANT SECRETARY OF STATE

U.S. DEPARTMENT OF STATE

 

BEFORE THE

HOUSE FOREIGN AFFAIRS COMMITTEE

SUBCOMMITTEES ON THE MIDDLE EAST AND SOUTH ASIA

AND INTERNATIONAL ORGANIZATIONS, HUMAN RIGHTS, AND OVERSIGHT

MARCH 11, 2008

 

 

 

 

 

Thank you, Chairmen Ackerman and Delahunt and distinguished members of the Committees for providing me this opportunity to appear before you to discuss the Special Immigrant Visa programs that the Bureau of Consular Affairs oversees on behalf of the Department of State. These are visa programs and are therefore, separate from the refugee programs managed by the Bureau of Population, Refugees and Migration and covered in the testimony presented by Ambassador Foley.

 

 The Department appreciates the consideration that Congress has shown for the men and women who have assisted the U.S. Government with our efforts in Iraq and Afghanistan.  The two Special Immigrant Visa programs create an expedited process for these workers to immigrate to the United States.  We are acutely aware of the debt that the United States owes to these men and women whose work is done at great personal risk, and we are doing our utmost to see that this debt is paid.  Our record to date is a demonstration of our dedication to making SIV programs succeed.

 

The SIV programs for Iraqis and Afghans provide immigrant status, and in an unprecedented development for visa programs, resettlement assistance to the recipients.  The Bureau of Consular Affairs has moved quickly to work out procedures with the Bureau of Population, Refugees and Migration (PRM), which administers resettlement benefit programs for refugees, to allow these SIV recipients access to benefits. 

 

The initial SIV program for Iraqis and Afghans, already in operation for a year, is based on Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Public Law 109-163, (“Section 1059”), which was enacted in January 2006 and originally authorized up to 50 Iraqi and Afghan interpreters and translators working for the U.S. military to receive SIVs each fiscal year

 

 Last year, Congress amended the program, allowing 500 principal applicants in FY 2007 and FY 2008 and expanding it to cover interpreters and translators beyond those working for the Military to those working for the US Government under Chief of Mission authority.   State Department efforts to issue SIV visas to translators and interpreters accelerated immediately with changes to the law that shifted the scale of the effort from 50 to 500 visas in June of 2007.  We quickly built a robust system to meet the additional workload through the coordinated efforts of our domestic and overseas operations.  The domestic role falls to the National Visa Center, which receives the approved Special Immigrant Visa petitions from the U.S. Citizenship and Immigration Service, reaches out to beneficiaries with instructions, advises beneficiaries on the statutorily required documentation and forwards petitions ready for processing to overseas posts.  The overseas role is taken by our Embassies abroad, which communicate with applicants, schedule appointments, work with host governments to ensure applicants can reach our Embassies, appropriately vet each case and issue the visas. 

 

The Department of State, working closely with DHS, issued all of the visas Congress had authorized for FY 2007. We carefully monitored issuance of the 500 available visas and accelerated appointments so that all of the numbers would be used.  In the final days of the fiscal year we knew we would be very close to the goal, but issuing all 500 was not a certainty.  Using the best estimates we could devise we scheduled sufficient appointments to ensure that all would be used.  Domestic operations in the Bureau of Consular Affairs were continued throughout the final weekend of the fiscal year, as our Middle East posts operate on the U.S. weekend, to monitor number usage and guarantee that any demand for available numbers was instantly met.  We were surprised to learn on the first normal workday of the FY 2008 that, despite our best estimates, we had actually issued slightly more than 500 visas. 

 

 Given the extraordinary work on SIV issuances last fiscal year, I can report with confidence that we now have in place an operation that has experience with applicants, sponsors and stakeholders and which is ready to take on the new challenges posed by the newly adopted  SIV legislation.   As stated earlier, we met the statutory quota for visas under this program in FY 2007, and we will meet it again this Fiscal Year.  As a result, the National Visa Center (NVC) expects that we will reach the 500 limit with the currently scheduled cases very soon.  Unfortunately, NVC also has received approved cases under this translator and interpreter SIV program that cannot be scheduled for visa interviews this fiscal year under the Congressionally-established cap of 500.  For those admitted after December 26, 2007, refugee benefits are available and we are attempting to make this information available to them even if they have already arrived in the U.S. Those Iraqi translators or interpreters under the original SIV program who are unable to obtain one of the 500 visas authorized for principal applicants for FY 2008 under section 1059 may reapply for SIV status under Section 1244.  However, the law does not allow Afghan translators or interpreters this reapplication option; those Afghan translators or interpreters with cases still pending when the 500 Section 1059 visas allocated have been exhausted have no alternative but to wait for one of the 50 SIVs authorized for FY 2009 or a subsequent year unless they qualify under another employment or family based category or apply for refugee status.

 

The second SIV program was enacted as part of the Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, which was signed into law six weeks ago, on January 28, 2008.  Section 1244 of this legislation (“Section 1244”) authorizes 5,000 special immigrant visas for Iraqi employees and contractors each year for the next five years and provides refugee resettlement benefits to Iraqis who are granted SIV status and their families refugee resettlement benefits.  This provision creates a new category of SIVs, separate from the interpreter and translator program, for Iraqi nationals who have provided faithful and valuable service to the USG while employed by or on behalf of the USG in Iraq for not less than one year after March 20, 2003, and who have experienced ongoing serious threat as a consequence of that employment.

 

We are working closely with DHS to implement Section 1244 provisions as quickly as possible while meeting the security screening requirements it imposes and we are determined to achieve the goal Congress has set.  Implementation of the new SIV program is complex because the environment in which this work must be done is challenging and changing.  NVC and several U.S. Embassies in the Middle East where Iraqi applicants may apply, including Baghdad, have been active participants in preparing for the implementation of the new program.  With improvements in the security situation in Iraq, we are now working to make the U.S. Embassy in Baghdad a post that can issue SIVs.  We will do what we can and what we must to get this job done.  We will use the resources we have, expand them where necessary, and assign new ones as required.

 

Risks for the applicants and our staff who process these cases are real.  Constant attention to changing political and security realities is needed to keep these programs on track.  We have adjusted to changes in the availability of travel documents, and pushed the Iraqis to make changes in that area which have made them more widely available.  We have monitored the ability of Iraqis to travel to nearby countries and intervened with concerned governments to keep opportunities open.  We have responded to calls from our Embassy in Baghdad to give them a greater role in visa processing.  We are carefully tracking the translator-interpreter visa pipeline and are preparing information for beneficiaries that will keep them up-to-date about visa availability.  The Department will continue to work on all of these issues as the expanded SIV program unfolds.  We will continue to do our best to achieve the goal Congress has set. 

 

Thank you again for holding this hearing and allowing me to speak to you today. These are important programs and issues. I am happy to answer your questions.