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DHS
WITHDRAWS “ZERO TOLERANCE” MEMO
by Michael J. Gurfinkel, Esq.
After experiencing several years of “very strict”
immigration policies and enforcement, people who are seeking immigration
benefits can now hopefully look forward to a “more compassionate”
United States Citizenship and Immigration Services (USCIS). On
September 8, 2003, CIS Deputy Director Michael Petrucelli announced
the withdrawal of the controversial “zero tolerance memo”,
that was issued on March 22, 2002 by then INS Commissioner James
W. Ziglar.
Unknown to many, Ziglar issued the “zero tolerance”
memo a few months after the September 11, 2001 attacks, wherein
the INS chief declared that: “Effective immediately, I am
implementing a zero tolerance policy with regard to INS employees
who fail to abide by Headquarters-issued policy and field instructions.
I would like to make it clear that disregarding field guidance,
or other INS policy, will not be tolerated. The days of looking
the other way are over.”
In compliance with this directive, Immigration officers
were observed to be very strict in implementing INS policies and
regulations.
In fact, immigration officers seemed to be reluctant
to summon their “compassion” or exercise their discretion
over minor flaws or minor deficiencies of a case, which otherwise
would have been approved, since all major requisites had been
complied with. As a result, many applications were turned down
or delayed, adding to the huge backlogs in the Bureau.
With the withdrawal of that controversial memo,
applicants can now hope that immigration officers will become
more compassionate again, and exercise discretion from their “hearts”.
This does not mean, of course, that people can submit
insufficient or deficient applications and requirements. The immigration
officers are still duty-bound to implement immigration laws and
regulations. But in many cases, the officers can summon their
compassion and discretion again, to rule in favor of the applicants.
However, there is no substitute to entrusting your
case to a reputable attorney, who can help you in presenting your
case before the USCIS, in a factual and analytical manner, backed
with sufficient supporting documents and applicable laws and case
precedents. A well-presented case lightens the workload of the
officer and will possibly help him or her make a favorable decision
on your case, with compassion, based on a well- documented presentation.
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