By Brittany M. Milliasseau & Nancy E. Miller
Reports have surfaced that U.S. Citizenship and Immigration Services (USCIS), the federal agency that processes immigration applications, is creating a new internal division which seeks to “more rigorously police its own caseworkers.” Sources state that the creation of this new division is potentially aimed at monitoring USCIS employees who are too lenient or forgiving in their adjudication of applications for those seeking permanent residency or citizenship. Because employees will have to justify approving cases, applications will need to show even more clearly that the applicant is eligible for the relief sought.
While specifics for the new oversight division have yet to be extensively disclosed to USCIS employees, there are reports that reassignment of personnel within the agency has already begun to appropriately staff this new division, which will be called the Organization of Professional Responsibility. According to news reports, the goal of this new department will be to enhance oversight of the way USCIS employees handle the approximately 26,000 requests for immigration benefits the agency adjudicates daily.
The Organization of Professional Responsibility is slated to have three divisions, including an Investigations Division aimed at overseeing the agency’s program that investigates cases involving fraud, abuse, or misconduct by USCIS employees. When speaking about the new department, one USCIS official has said that the new internal division has been viewed within the agency as a “crackdown on employees who may be too forgiving toward applicants for permanent legal residence or citizenship and who may have demerits in their case files, including misdemeanor criminal charges or having received public assistance such as welfare payments.”
The announcement of this new division comes just about a month after USCIS faced backlash for revising its agency mission statement by removing language that referred to the United States as a “nation of immigrants.” Around this same time, the USCIS Director also faced criticism after instructing USCIS staff to stop referring to applicants and petitioners for immigration benefits as “customers” as that term leads to the “erroneous belief that applicants and petitioners, rather than the American people, are whom we ultimately serve.”
Creation of this new division has similarly led to backlash from immigration advocates and proponents. While this new department has yet to be formalized, some members of Congress have already expressed their concern stating that they are worried that the new division will seek out and eliminate those USCIS employees who do not agree with the Trump administration’s hardline stance on immigration.
At this time, there are still many unknowns about the creation of this new department within USCIS and whether it will actually be formally implemented. The absence of guidance has led to many questions and concerns such as what it will mean for a USCIS employee to be “too lenient” or “forgiving” when assessing immigration benefit applications, how employees will be evaluated, reprimanded and what recourse they will have, as well as what policy changes will be implemented as a result of this new department.
While the new division has yet to be formally announced and the proposed scope of the new division is unclear, it is important to be aware of its potential implications. If the Organization of Professional Responsibility is established, there is a likelihood that USCIS adjudication will become even more scrutinized. Since adjudicating officers will have more top-level oversight, they may be wary about being too lenient in their evaluation and as such, applications or petitions that seem relatively straight-forward or have not normally been scrutinized in the past may face more intense scrutiny. In plain English, this means that they may fear that giving an applicant the benefit of the doubt or a second chance, as the law allows, may cost them their job.
It is now more important than ever to ensure that you are represented by knowledgeable and highly competent immigration counsel. If you have filed or are considering filing an application for an immigration benefit, it is imperative to make sure you have an attorney who is on top of recent changes, can spot potential issues, and prepare strong petitions to minimize delays, requests for additional evidence, and denials. Even if you or someone you know think you have an “easy” immigration case, it is important to keep in mind that immigration policy is constantly changing and could impact the standard of adjudication for your case. Further, it is important to note that USCIS policy and changes in adjudication may happen relatively quickly and without much advance notice. As such, speak with an experienced immigration attorney today to discuss how changes in immigration law and policy may impact your particular case.
