Senator Feinstein Calls on Attorney General
to Explain the Justice Department’s Failure to Report
to Congress on Immigration Backlog
Failure Places Future Appropriations to Address Backlog in Jeopardy
June 14, 2001

Washington, DC – U.S. Senator Dianne Feinstein (D-Calif.) has called upon Attorney General John Ashcroft to explain why the Department of Justice has failed to report to Congress on its plan to address the backlog of cases pending before the Immigration and Naturalization Service (INS).

Last year, Congress enacted the “Immigration Services and Infrastructure Improvement Act of 2000,” which was sponsored by Senator Feinstein. The legislation required the Department of Justice to issue a report to Congress by January 15, 2001 on the extent of the immigration and naturalization application backlogs and the agency’s ability to manage its pending workload. Additionally, the bill provided that none of the funds appropriated to reduce the backlogs may be spent until the agency produces this report.

In a letter to Attorney General Ashcroft, Senator Feinstein wrote: “As the author of this legislation, I take very seriously the Administration’s failure to meet this congressionally mandated deadline without a formal explanation. Congress mandated the report because, for too long, our constituents have faced unacceptably long delays in the processing of their applications and petitions, despite having paid substantial fees for the services. The failure of the Immigration and Naturalization Service (INS) to provide timely customer service has posed serious hardships to both family members seeking to be reunited with their immediate relatives and employers seeking to obtain specially skilled workers.

Congress was clear when it enacted this law: the agency’s report should be issued in a manner sufficient for legislators to make informed decisions during the appropriations process. The Department’s failure to provide the information could well jeopardize both appropriations and the services our constituents deserve.

Accordingly, I ask you to provide within two weeks, a detailed written explanation of the Department’s failure to meet its reporting requirements. I further ask that you provide an estimate of when the report will be forthcoming.”

Specifically, Senator Feinstein called upon Attorney General Ashcroft to provide:

• An explanation of why the Department has not met the January 15, 2001 deadline for the backlog reduction report;

• An estimate of the additional resources, if any, necessary to complete the report; and

• An indication of when the final report will be released.

“The growing immigration backlogs have left millions of people in a state of uncertainty—they cannot work, travel, or reunite with spouses or other family members until their applications are approved by the INS,” Senator Feinstein continued. “The customers deserve better service. I would appreciate your commitment to this important goal.”

A General Accounting Office (GAO) report issued in May 2001 found that the INS application backlog had increased nearly four-fold since Fiscal Year 1994 -- from 1 million to 3.9 million. The report also revealed that the INS does not fully understand the dimensions of the problem, nor does the agency have an automated system in place to adequately measure the extent of the backlogs.

A copy of Senator Feinstein’s letter is available upon request.