DHS withdraws‘zero tolerance’ memo

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: "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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