articles - Zero Tolerance Policy
http://www.immigrationportal.com/showthread.php?s=&threadid=99645
http://www.usvisainfo.com/pageDisplay.php?docID=87&a=80
SEP-25-2003 LEGACY INS ZERO TOLERANCE POLICY WITHDRAWN
In a move hailed by immigration attorneys and immigrant rights advocates, the USCIS (legacy INS) has withdrawn the chilling "Zero Tolerance Memo" issued by former INS Commissioner James Zigler. This memo created a working environment of fear among unquestionably dedicated and competent INS officers, resulting in the development of a culture of "no". Officers have been afraid to exercise favorable discretion in the environment of fear engendered by this memo. Now that the memo has laudably been withdrawn, we are optimistic that the thousands of dedicated and competent legacy INS officials will be able to adjudicate applications on their merits without fear of reprisal.
http://www.immigration.com/newsletter/vtmay62002.html
VERMONT SERVICE CENTER - 05/06/2002
Zero Tolerance: The INS has begun to institute a zero tolerance policy. This means that if people are out of status, adjudicators will not be exercising discretion to consider the status violation de minimis and approve the benefit being sought. There is tremendous pressure being brought to bear by the Administration, the Congress, and the INS itself to ensure that the present state of the law is being followed precisely. Members should be aware of this policy.
http://www.murthy.com/UD0toler.html
Zero Tolerance" Policy for Those Out of Status Posted May 10, 2002
According to the Vermont Service Center, the INS has instituted a "zero tolerance" policy regarding applications or petitions filed by or on behalf of persons who are out of status. This policy means that INS examiners will not be overlooking brief periods of status non-compliance on a case-by-case basis, as they previously did. Those applying for extensions or changes in nonimmigrant status are required to demonstrate that they are in valid legal status at the time of filing. To a limited degree in the past, the INS would grant these applications even if there were brief, minimal status lapses or violations. This is no longer the case.
According to AILA, there is "tremendous pressure" by the Bush Administration, the Congress, and within INS to more strictly adhere to the law. For MurthyBulletin and MurthyDotCom readers this means that conscientious compliance with the immigration laws is now more important than ever.
While laws must be respected, there should also be room for employing flexibility and discretion to ensure that the spirit and intent of the law is not lost in carrying out the letter of the law. It is our position that the INS needs to be empowered to review the reasons for technical errors and minor failures in an application or petition to determine whether it is appropriate to excuse the problem. Following the law so strictly in such circumstances would not really enhance U.S. security but in fact would be harmful to well-intentioned individuals and their U.S. employers.
http://www.murthy.com/UD02vscup.html
AILA 2002 Conference Report : Vermont Service Center Update Posted Jun 28, 2002
The INS Service Center updates session of the American Immigration Lawyers Association (AILA) June 2002 annual conference provided insight into a number of important matters and significant correction and retraction regarding the previously announced "zero tolerance" policy. This Report should provide MurthyBulletin and MurthyDotCom readers with some clarity on many Service Center issues, including the question which is always on everyone's mind - why is my case taking so long?
No "Zero Tolerance" Policy
One of the major, and positive, clarifications was made by Paul Novak, Director, Vermont Service Center (VSC) regarding the fact that the VSC does not have a “zero tolerance” policy regarding petitions for changes / extensions of status filed by persons who were not in status at the time of filing. We reported on this “policy” based on AILA’s release of, what now appears to be, erroneous information. As a result of VSC's retraction, our May 10, 2002 article, Zero Tolerance Policy for Those Out of Status, has been removed from MurthyDotCom. This release was also covered by various other immigration news sources.
Director Novak specifically stated that there is not and has never been an internal policy to limit the discretion of the examiners in this matter. He said that, while current events may have an impact on the examiners' decisions, the events have not taken away the examiners' discretion regarding whether to grant extensions of stay / change of status for those persons who have fallen out of status briefly. He said that a clarification on the matter was forthcoming.
http://www.immigration-law.com/Archive VII.html
06/28/2003: Government's Zero Tolerance Mentality and Immigration Processing Backlogs
* Bush's 5-year backlog reduction plan was announced before the 9/11 incident, and even though no one within the Administration at this time admits it, it is obvious that the commitment to 6-month processing times under the so-called five year reduction plan is either practically gone or logistically impossible to achieve it. Current IBIS Check and SEVIS check and Special Registration check and on and on are stumbling block for the improvement of the processing times. There are more to the story. When the Congress passed the DHS Act, the relevant government employees' Civil Service Merit System and Union Rights were compromised and the employees have been vulnerable to disciplinary actions. Before the INS Commissioner retired last year, he had issued a so-called Zero Tolerance Policy Memorandum to the INS employees. The zero tolerance implied two things: Zero tolerance for immigration violations and zero tolerance for the INS officials's failure to handle matters in strict compliance with such policy. Even before this memo, the INS officials had developed a mentality of fear for mistakes and liability that could lead to disciplinary actions, but the memo appeared to have aggravated such mentality. Growing number of issuance of RFEs, denials, and delays of adjudications are undeniably related to the nervousness and fear the officials are currently obsessed with.
* We urge that the government leaders take an action to change such mentality within the agencies so that the officials perform normally without any fears. Making a mistake once in a while is part of our lives. Without doubt the officials should continue to do the right job in the IBIS and SEVIS checks to assure homeland security, but they should somehow feel at ease in performing their duties and services so that their effectiveness and efficiency are not unnecessarily negatively affected. Probably, the GAO should also look into this issue to correct problem, if any.
