Hurricane Katrina-Related Immigration Issues and Legislation (CRS Report for Congress)
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| Release Date |
Revised Oct. 18, 2005 |
| Report Number |
RL33091 |
| Report Type |
Report |
| Authors |
Ruth Ellen Wasem, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The devastation and displacement caused by Hurricane Katrina in the Gulf Coast region of the
United States has very specific implications for foreign nationals who lived in the region. Whether
the foreign national is a legal permanent resident (LPR), a nonimmigrant (e.g., temporary resident
such a foreign student, intracompany transferee, or guest worker) or an unauthorized alien (i.e.,
illegal immigrant) is a significant additional factor in how federal laws and policies are applied.
In
this context, the key question is whether Congress should relax any of these laws pertaining to
foreign nationals who are victims of Hurricane Katrina .
Many of the victims of Hurricane Katrina lack personal identification documents as a result of
being evacuated from their homes, loss or damage to personal items and records, and ongoing
displacement in shelters and temporary housing. As a result of the widespread damage and
destruction to government facilities in the area affected by the hurricane, moreover, many victims
will be unable to have personal documents re-issued in the near future. Lack of adequate personal
identification documentation, a problem for all victims, has specific consequences under immigration
law, especially when it comes to employment and eligibility for programs and assistance.
Noncitizens -- regardless of their immigration status -- are not barred from short-term, in-kind
emergency disaster relief and services, or from assistance that delivers in-kind services at the
community level, provides assistance without individual determinations of each recipient's needs,
and is necessary for the protection of life and safety. As legislation to ease the eligibility rules of
major federal programs for Hurricane Katrina victims generally is under consideration, the question
of whether to ease the specific rules for immigrants has arisen ( S. 1695 ).
Most avenues for immigration require that aliens have a family member or employer who is
eligible, able, and willing to sponsor them. There are very few immigration opportunities based on
self petitioning. The loss of life, devastation of businesses, or depletion of personal assets directly
affects visa qualifications for otherwise eligible aliens who are victims of Hurricane Katrina or the
family of victims. It also affects nonimmigrants whose purposes for the temporary visas are
disrupted by the hurricane and its aftermath. Legislation comparable to that enacted for surviving
family of victims of the September 11, 2001 terrorist attacks has passed the House ( H.R. 3827 ).
Finally, at various times in the past, the government has given discretionary relief from
deportation so that aliens who have not been legally admitted to the United States or whose
temporary visas have expired nonetheless may remain in this country temporarily. Following the
September 11, 2001 terrorist attacks, for example, family members of victims whose own
immigration status was dependent on the victim's immigration status were assured that they should
not be concerned about facing immediate removal from the United States. This report will be
updated.
