United States of America: Information on the procedures followed by the INS when a Somali national arrives at a New York airport without documentation or money

The information in this Response corrects and adds to the information provided in Responses to Information Requests USA14646 of 7 July 1993 and USA12769 of 28 January 1993, available through the Refinfo database.

An inspections officer of the Immigration and Naturalization Service (INS) in Washington, DC, provided the information that follows (31 Oct. 1994).

A person who arrives without documents at an international airport would be issued an arrival/departure record (I-94) and an exclusion hearing notice (I-122). Both documents would show the name given to INS officers by the individual (ibid.). The procedure followed by INS officers would be independent of whether the person claims to have no money; financial and social assistance are outside the jurisdiction of the INS.

A person who arrives without proper documentation to the United States is subject to exclusion from the country. If the person wants to seek asylum, he or she must pursue it at the exclusion hearing, not at the port of entry. The INS can prosecute the person for attempting to enter the U.S. without proper documentation. If the person is prosecuted, he or she must undergo prosecution under the federal criminal code before the exclusion hearing; the asylum case still has to be made at the exclusion hearing. The main difference between the exclusion hearing and prosecution is that exclusion is an administrative process, whereas prosecution refers to a criminal case.

Further to the information provided in USA14646, the Transit Without Visa (TWOV) provision that allows persons in transit at an airport to connect international flights normally requires that the person be legally landed in the United States, even if only for a brief period. In most cases, a person without a passport cannot qualify for Transit Without Visa status.

An immigration officer at the John F. Kennedy International Airport in New York stated that there is no specific treatment or procedure followed for Somali nationals who arrive claiming to have no documentation or money (31 Oct. 1994). Procedures would generally be the same as for other nationals, although each case is dealt with on an individual basis (ibid.). The immigration officer, who at the time of the interview was dealing with a Somali who claimed to have no documents or money and had asked for political asylum, stated that an individual in this situation would be issued an I-94 and an I-122. Both documents would indicate the name given to officials by the individual; the latter document would indicate an exclusion hearing date and state the reasons for being summoned to the hearing, including any violation of immigration laws the person may be charged with (ibid.). The immigration officers would normally ask the individuals how much money they are carrying and add this information to their record of landing, although no particular procedure is followed if they claim to have none (ibid.). The officer added that many Somalis who arrive at the airport have telephone numbers or awaiting relatives through whom they can obtain assistance, or will contact an institution other than the INS that can provide material or financial assistance.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Immigration and Naturalization Service (INS), Washington, DC. 31 October 1994. Telephone interview with inspections officer.

Immigration Office, John F. Kennedy International Airport, New York. 31 October 1994. Telephone interview with immigration officer.