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GAO Comments on Nonimmigrant Alien Annual Address Reporting Requirement
Because of growing concern over the government’s need to
locate aliens, the Enhanced Border Security and Visa Entry Reform Act of 2002
directed the General Accounting Office (GAO) to study the feasibility and the
utility of a requirement that each nonimmigrant alien in the United States
self-report a current address on a yearly basis.
The Department of Homeland Security (DHS) officials told
the GAO that while implementing an annual address reporting requirement for
nonimmigrant aliens is technically feasible, such a requirement would increase
the number of reporting forms DHS would have to process.
In turn, this increase would raise form-processing costs from an
estimated $1.6 million to at least an estimated $4.6 million per year, according
to DHS, which does not include the cost of enforcing the annual reporting
requirement.
The consensus of U.S. Immigration and Customs Enforcement
agents, who investigate activities that may violate immigration law, was tat a
self-reporting system would be of limited use in locating aliens who are
avoiding contact with the government. Nonimmigrant
aliens who do not wish to be located are not likely to comply with an annual
requirement to self-report address information.
Consequently, agents use other databases to locate this class of alien as
well as nonimmigrant aliens who may not be aware of address reporting
requirements. Public and private
databases that that record information concerning benefits, an alien’s
department of motor vehicle information concerning benefits, an alien’s
department of motor vehicle records, or credit bureau information are examples
of information sources that agents have used to locate nonimmigrant aliens.
Despite the unreliability of self-reported information, some agents did
recognize the possibility of limited enforcement benefits for implementing an
annual address reporting requirement, such as verifying that compliant
nonimmigrant aliens are still in the country and providing a basis for detaining
noncompliant nonimmigrant aliens. However,
existing systems are available for compliant nonimmigrant aliens to notify DHS
of address changes. Also, DHS
already has the authority to detain all aliens not in compliance with current
change of address reporting requirements by has seldom used the authority.
Consequently, it is question able whether the usefulness of an annual
reporting requirement would outweigh the cost of implementation and enforcement.
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