Flawed House Budget Proposal for INS / DOJ
Posted Jul 14, 2000

In this MurthyBulletin article, we share with you some information about INS funding -- one of the major sources of delays in processing of immigration-related petitions and applications pending with the INS.

The annual appropriations bill to fund the U.S. Departments of Commerce, State, and Justice (which includes the INS) is now being considered in the House of Representatives. The budget bill for the fiscal year 2001, H.R.4690, calls the immigration system "broken" and places much blame on the INS. The bill recognizes that funding shortfalls have played a role in increasing backlogs, but still faults the INS for failing to "adequately address its mission responsibilities."

Unlike an earlier budget proposal from the White House, H.R. 4690 opposes the reinstatement of the Immigration and Nationality Act’s Section 245(i).That is the provision which enables those who are out of legal status in the U.S., but are otherwise eligible, to pay a $1000 extra fee to go through the final stage of Green Card processing (I-485) from within the U.S. The White House proposal had relied on the extra fees collected through 245(i) as an important source of funding. While the House of Representatives bill calls245(i) a "gimmick," the Senate may be more open to restoring 245(i) as a means of alleviating some of the harsh consequences of the 1996 immigration laws.

The House budget bill also allows a premium processing fee for expedited service for business customers. This fee would fund various infrastructure improvements. Both the Senate Commerce-State-Justice Appropriations Subcommittee and AILA oppose this expedite fee.

In addition to allotting $52 million in new funds for the Border Patrol, H.R. 4690 does provide $44 million in new funding for naturalization and backlog reduction efforts. Another clause, however, allows the transfer of funds between enforcement and adjudications. The draining of fees from the user fee account (where the filing fees go) to enforcement has been the key cause of funding problems on the adjudications side. H.R. 4690 perpetuates that problem. Unlike the backlog reduction bills (see following article), the House budget bill does not adequately address the role of Congress in creating some of the problems that plague the INS.

Before the budget bill becomes law, the Senate must draft its own bill. Differences between the two bills must then be worked out, resulting in a joint proposal. Traditionally, the Senate has taken a moderate view as compared to that of the House of Representatives; so it is difficult to predict what will be included in the final budget bill from Congress.