FOR IMMEDIATE RELEASE: JULY 10, 2002
CONTACT: LINDA MACIAS/PAUL TODD (202) 225-6161

Baca Introduces Bill that would Streamline, Secure the Immigration Process

WASHINGTON, D.C. - Representative Joe Baca (D-CA) today introduced legislation that would help cure major security lapses at the Immigration and Naturalization Service (INS) and streamline an immigration process plagued by inefficiency, out-dated technology, and exploitation.

"Restructuring the organization of the INS was an important step in improving the Service's procedures," Baca said. "But, the same people are still processing applications using the same antiquated processes, and using the same technologies. This process must be streamlined. The INS is the gatekeeper to the security and justice that our Nation provides to its citizens."

H.R. 5073, The Immigration Security and Efficiency Act, would require the INS to create a process for the electronic submission of immigration applications through third party intermediaries similar to the process taxpayers can use to file their tax returns electronically using tax preparation companies such as H & R Block. It also requires the Attorney General to determine a process for certifying non-profit and for-profit organizations to become eligible intermediaries. Finally, the Bill instructs the National Records Center to create and maintain an electronic database of all closed immigration files.

Under the current system there is a 5-million applicant backlog at the INS. These are applications that have been submitted on paper through the mail. INS officers must manually verify applications to see that they are correctly filled out. If incorrectly filled out, or if an applicant moves, applications are sent back to the applicant, who must then begin the process all over. Often applicants wait inside the U.S. under temporary status during this process for months and even years.

"A more advanced electronic processing system would allow the INS to shift personnel away from verifying applications to actually adjudicating them," Baca said. "Imagine waiting in a line with five million people in front of you. That's about how slow and painful this process is, not mention the security risks it poses."

"A lot of immigrants remain in the U.S. while their applications are being processed. While waiting to hear back on their applications, these immigrants can far too easily become invisible, anonymous and untraceable. The bill significantly increases American security by speeding up the application process and centralizing data."

The current immigration process often exploits immigrants seeking a better life. Immigration law is widely considered to be one of the most complicated area of American law. Wading through the immigration process often requires the help of lawyers and other advisors, and can cost anywhere from $500 to $3,000 - and that's just to submit the application. Many poor immigrants cannot afford legal services, and are forced to resort to less expensive and often-faulty information sources. The bill would encourage competition in the immigration services market and help drive down the cost of immigration application assistance.

"The streamlined process would create an incentive for businesses to enter the market, causing prices for immigration information to drop," Baca said.

While the bill would not allow independent "e-filing" over personal computers, it would allow certified intermediaries to assist with filing at a lower cost, and to "double check" the applications for errors before they are submitted. Currently 40 percent of all applications received by the INS are incomplete or incorrectly filled out, usually by applicants who cannot afford complicated, expensive professional advice. The bill would not, however, allow overly complicated or controversial cases such as those involving applicants who have committed criminal felonies or those from applicants who are residing inside the U.S. illegally to be electronically streamlined.

"We cannot consider our borders to be secure when the immigration process itself allows potential terrorists like Mohammad Atta and Marwan Alshehhi to lie in wait inside our Nation while their applications are being considered," Baca said. "And, we cannot consider our immigration system to be fair and just when it allows poor immigrants seeking a better life to be exploited financially and emotionally."

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