I
would like to thank Chairman Hyde, Chairman Smith, Congresswoman Jackson-Lee
and members of the Subcommittee for holding this hearing and allowing me
the opportunity to address the operations of the Chicago district office
of the Immigration and Naturalization Service (INS). Your interest
and commitment to exploring the issues and problems facing immigrants who
seek service at our Chicago office is important and worthy of our time
and attention.
According
to Census Bureau data, Chicago is fourth behind New York, Los Angeles and
San Francisco in attracting new immigrants. Close to 60% of immigrants
to Illinois are choosing to resettle in Chicago and the metropolitan area.
Chicago
is a city of immigrants and is proud of its diversity. However, it
is disheartening to know that the first interaction these new residents
will have with our government will be with an agency that puts customers
last.
My
district serves as a gateway to America for immigrants from all parts of
the globe. In my district congressional offices, over ninety percent
of constituent cases involve the INS. I receive a large number of
calls and letters from my constituents and immigrant rights advocates complaining
of poor service and callous treatment by INS staff. Training, increased
staffing and changes in procedure at the Chicago office are needed to reflect
a level of courtesy, professionalism and efficiency deserving of paying
customers. Most of all, a change in the culture of the INS office
is required, one that reflects the respect that our city feels for our
immigrant residents.
Efforts
by Commissioner Doris Meissner and District Office Director Brian Perryman
to improve the quality of service in Chicago, provide sensitivity and customer
service training to employees, and their willingness to work with the Illinois
delegation should be applauded. However, much work remains to be
done in order to ensure the delivery of prompt, accurate and courteous
service at the Chicago office.
Today's
hearing is an essential component in our efforts to reshape the Chicago
INS office to provide quality customer service.
This
morning, I will briefly share with you some observations on issues related
to the delivery of services at the Chicago office, and some suggestions
on what must be done to improve and enhance the Chicago district office.
I will also address the way in which people who are seeking asylum are
treated, the special needs of elderly immigrants and immigrants with disabilities,
and the arbitrary manner in which disability waivers are granted.
I
have included with my written testimony an articulate and compelling letter
written by Ms. Carrie Golus, from Chicago, which really highlights many
of the issues we are discussing today.
10
West Jackson and the line
After
hearing countless INS horror stories from my constituents, I decided to
spend the morning of July 7th at the INS facility at 10 W. Jackson Boulevard.
On that morning, I intentionally did not identify myself as a Member of
Congress. I was simply a human being attempting to navigate the INS
system.
I
arrived at 9 a.m. to a massive line of more than 1000 people, only 600
of whom would be allowed in that day. Many had begun lining up at
4 or 5 a.m. The line snaked around the building, down the sidewalk
and around the block. This was not unusual. Every day, several
hundred people wait for 3 to 4 hours only to be turned away. For
many, this was their second, third or fourth visit. I spoke with
many frustrated customers who had taken time off from work only to be denied
service. Let us not forget that they are customers, paying high fees
for services.
What
I witnessed was hostile, inept, and downright unacceptable treatment of
hundreds of people. The INS seems to be sanctioning, if not promoting,
a "customer is always wrong" policy. This was reflected in arbitrary
rudeness and appalling incompetence. A large number of people I spoke
with recounted their humiliation and degradation at being treated "like
animals." I experienced this first hand, as an INS officer barked
at me to "move or go to jail" because I did not follow instructions quickly
enough.
Here
are some of the horror stories I heard during my visit:
A
woman filed for naturalization four years ago. She found out, after
waiting in line for twelve hours last month, that the INS lost her paperwork.
An INS employee and a Supervisor told her that she must return another
day and resubmit all her paperwork. She will have to pay all the
fees once again. She has already paid more than $2000.
The
INS incorrectly printed the date of birth on the green card of a twelve-year-old
girl. An INS official brusquely informed the family that they must
fill out another application, wait in line, resubmit the paperwork and
pay the fees once again.
Due
to numerous mistakes made by the INS, a woman had returned to the INS facility
to wait in line for a second day. INS employees misspelled her name
on her most recent green card. She verified on her application that
she had spelled her name correctly. She called the INS and was told
that she must come to 10 W. Jackson and wait in the line to submit paperwork.
She had already waited for seven hours the previous day. When she
finally spoke with an INS representative, she was told that she needed
to bring photos. She was in line once more to submit more paperwork
and the photos. Finally, she will have to pay another fee for a new
green card, even though the INS is responsible for the error.
A
woman received the notification of the time and date of her oath ceremony
after it was scheduled to occur – twice. A third time, she never
received notification, only a phone call 12 hours before the appointment
was scheduled to take place.
A
couple from Taiwan applied for their 11 year old daughter to become naturalized.
They visited the Chicago office three times, were treated rudely and were
given the wrong form to file. It wasn't until their third visit that
they were given the correct form. They were told they needed to pay
the fee again, start from scratch and wait the full length of time until
the application was processed.
A
woman spent two days in line just to receive a naturalization form (N-400).
She was unable to get it the first day and was not told by any INS official
that she could get the form online or by calling an 800 number.
A
family with small children waited in line for four hours only to be told
that they had to return again the next day. At 10:30 a.m., INS officers
announced that no more people would be served that day.
A
large number of people were standing in line because of mistakes that INS
made, and despite the stated policy of waiving further fees if the INS
is clearly at fault, customers are still being required to pay additional
fees and repeat arduous steps even though they were not responsible for
the mistake.
A
couple from Belleville, 6 hours away, found out only by chance that they
could get in to see an INS employee even though they were not one of the
lucky 600. Apparently a policy exists that guarantees service to people
who travel long distances. The randomness with which this policy
is communicated is not acceptable. Information of this nature that
affects the direct delivery of services should be actively disseminated
and made known to all information officers and customers.
These
stories are really indicative of the larger problem of too few front-line
INS employees with too little information. People are given wrong
information, bad information, or no information at all. Many people
wait in line because they are confused by INS information, or because different
INS employees had given them conflicting information.
Inquiries
made by telephone are often met with a busy signal or an answering machine,
forcing many people to make a special trip to the office for information
that should be made readily available on site or by phone, fax or computer.
The INS must expand its partnership with libraries to make INS forms available,
and they must reach out to include other government agencies and ethnic
community organizations in that effort.
At
the Chicago office, there seems to be an overwhelming presence of uniformed
guards at the facility. It feels as if the guards are there to hold
these INS customers in check and to protect the public from them, which
I find very insulting. We must find a balance between the security
needs of the office and the desire to provide and foster a more friendly,
customer service environment.
I
am also concerned about the hours of operation and the staffing level in
the Chicago office. It is my understanding that the public is unable
to visit the INS on Fridays without an appointment. This is the only
federal agency that I am aware of where this exists. Given the demands
on the office and current backlog, the office should be open five days
a week and consideration should be given to having evening and weekend
hours as well.
Also,
information officers are supposed to be available in the lobby from 7:30
AM until 4:00 PM each day. However, on many occasions, the information
officer is no where to be found after 2 PM. In many sections of the
office, where there are multiple windows set up to assist customers, only
one or two of the windows are actually being staffed. This needs
to be addressed and improved.
These
are all components of a mosaic that sends a clear and simple message to
immigrants: Keep Out. This is not the message I want to send to residents
of my district.
Improvements
Subsequent
to my appearance at the line in July and the accompanying media coverage,
and after several meetings with District Office Director Perryman and conversations
with Commissioner Meissner, several changes have made. These changes
resulted in some much-needed improvements for INS customers. I am
not a management consultant, but common sense would seem to dictate many
of these reforms.
Tickets
are given out to the first 600 people at 7 am each morning so that others
will not miss work while standing needlessly in line. INS information
officers are working the line, answering questions. In addition,
certain applications, including the form to renew green cards, are now
being processed through the mail. More informative information sheets
are being distributed to visitors as they enter the building and a "forms
kiosk" is now stationed on the first floor near the public entrance of
the building, allowing people access to forms without having to wait in
line or go to the second floor information room.
Working
with immigrant advocacy groups and other community-based organizations,
my office is monitoring the activities at 10 W. Jackson on a daily basis,
and I am getting regular reports.
Changes
made to date must remain permanent and additional reforms put in place.
There is still much more that needs to be done to make service acceptable.
INS employees must be well trained and there must be an adequate number
of them to meet the needs. Subsequently, once they are given the
tools, they must then be held to high standards of professionalism.
Supervisors
should be present throughout the office and active in their observations
of staff interactions with customers. If unacceptable behavior is
witnessed or inaccurate information is given, they must have the authority
to address the situation.
Commissioner
Meissner announced in August that the Chicago district office would begin
to provide cultural diversity/sensitivity training to employees starting
in the fall. I would be interested in seeing documentation of the
training and classes, who is conducting the training, the nature of the
training, when it's taking place, and who is attending.
To
make this training as productive as possible, I hope that the district
office will work closely with employees to identify specific needs and
the most effective training methods. Employees should also be encouraged
to provide suggestions on how best to deal with other problems at the Chicago
INS office.
Backlog
Regularly,
the American Immigration Lawyers Association looks at 38 INS district offices
nationwide, and issues a "Report Card" on the processing times for adjudications.
In the last Report, Chicago failed to make the grade. If you filed
an application for permanent residence in Chicago, it would take between
540 and 720 days to process the application, while the same application
would take between 90-120 days if filed in the Seattle office. In
Chicago, the waiting period between naturalization filing and swearing
in, is between 365-540 days, and only 30-60 days in Pittsburgh. We
need to take steps to cut back the processing time.
Also,
what seems to be a simple process of applying for a replacement green card
can take up to 7 months. We need to determine why Chicago is doing
so poorly and what can be done to make it better.
Why
is there such an appalling lack of quality service. With the recent
137% increase in fees for processing forms, the level of customer service
and prompt processing has not kept pace.
While
people wait to become citizens, their lives are on hold. They pay
taxes, but they cannot vote on how their tax money should be spent.
Some serve in the United States Armed Forces, yet they cannot vote for
the Commander in Chief. Many are fearful of traveling outside the
United States without a U.S. passport, and thus cannot visit family members
or fulfill professional obligations.
401
South State Street – the interview process
I
went to the INS facility at 401 State Street with a Russian-speaking woman
who had been denied a medical waiver, despite having a physician's form
stating she suffers from dementia. The dementia was so severe, she
could not remember her own telephone number. This interview was her
second attempt to get the medical waiver. During the interview, the
woman needed to take a nitroglycerin pill to help calm her nerves.
After she passed she received not so much as a congratulations.
While
there, my staff and I were able to hear questions being asked of other
applicants like: "Do you know what true is?", "Do you hate the Constitution?"
and "Will you pay your taxes?." These questions are not among the
100 possible questions given to potential citizens, indicating the arbitrary
nature of the interview process.
The
atmosphere that I witnessed and that others have reported to me is one
of intimidation, instead of helpfulness and courtesy. The attitude
seems to be one of keeping people from "slipping by" rather than congratulating
legal residents who become citizens.
Improper
and arbitrary denials of disability waivers due to the lack of training
provided to adjudicators is unacceptable and must be rectified. Client
experience indicates a lack of consistency among officers, some of whom
are assigned from other positions on a temporary basis and are asked to
adjudicate cases without proper training or knowledge of the forms and
regulations. Adjudicators responsible for medical and disability
waivers should have special training.
Seniors
and people with disabilities and the immigration process
Clearly,
seniors have a unique set of needs in the immigration process. They
do not fit neatly into the INS naturalization process and, in fact have
extreme anxiety about the entire process. They have varied transportation,
language and health needs that require special attention by immigration
officers.
For
example, many arrived in this country as older adults, never attended school
in their native countries, and may come from a country that does not use
the Roman alphabet. They spend from two to four years studying to
pass the citizenship test, beginning with learning the alphabet.
Their difficulty learning is compounded by the short-term memory loss common
to many elderly. When they appear before the INS officers, they are
very nervous about being able to remember, plus they are intimidated by
authority figures. If they have waited several hours to be interviewed,
they may be tired, hungry, and weak.
In
considering the needs of the elderly, I ask that INS staff treat each elderly
applicant with respect and consideration and provide staff with training
sessions on sensitivity to the elderly. And, if possible, resume
interviewing at the community sites where the elderly are more comfortable
and less intimidated.
The
needs of immigrants with disabilities must also be addressed. Announcements
to the general public must be made to deaf newspapers and avenues for communicating
must be formatted for persons with disabilities, including large print
and TTY machines. Interpreters must be available to ensure effective communication
at interviews and tests. Wheelchairs, places to sit and comfortable
waiting areas should also be provided.
Detention
facilities
Finally,
I have grave concerns about the treatment of many asylum seekers, especially
women and children.
It
is unacceptable, yet common, that asylum seekers are being housed in jails
with criminals while they await hearings and the completion of the immigration
process. Women are being housed in jails in Stone Park,
Racine and in other locations where the INS rents space. If they
have children, they are separated. The children are placed in separate
facilities while the mothers are housed in jails. A policy ensuring
the humane housing of women and their children together must be developed.
In
Ullin, 88 Chinese asylum seekers have been sitting in a maximum-security
jail since early June awaiting their asylum claims to go before the judge.
These immigrants are isolated from their families, housed with criminals
despite their lack of a criminal record, subjected to harsh treatment and
lack of access to legal resources.
I
am concerned that detained asylum seekers, who do not speak English and
have no family or friends in the U.S., are not aware that they are able
to obtain free legal services. Without legal counsel, many immigrants
will not know or be able to exercise their legal rights.
Many
legal advocates have advised me of the numerous barriers they face in trying
to provide "Know Your Rights Presentations" to detainees. These crucial
presentations should be implemented immediately at all jails and detention
centers in Illinois.
The
U.S. detention policy should be brought into compliance with international
principles of refugee protection and basic notions of decency and compassion.
Recommendations
In
summary, these are my suggestions for improvements at the INS Chicago office.
Eliminate
the "customer is always wrong" culture.
Increase
the number of permanent staff available to serve customers.
Increase
capacity so that all customers visiting will receive service, not just
the first 600.
Have
information officers available from at least 7:30 a.m. until 4:00 p.m.
Re-examine
Friday office closings and explore the feasibility of expanding hours of
operation to include some evenings and weekends.
Shorten
the overall processing time for applications.
Revisit
guard presence and the x-ray procedure.
Actively
work to expand partnerships with government agencies and ethnic community
organizations to ensure the wider availability of forms.
Ensure
phone lines are open, available and answered in a timely and accurate manner.
Provide
mandatory training to staff that includes cultural/diversity, sensitivity
and a focus on the delivery of quality customer service.
Increase
supervisory presence throughout the office, especially in areas with high
customer interactions.
Provide
special training for adjudicators dealing with medical and disability waivers.
Make
the interview process more welcoming.
Eliminate
the use of arbitrary questions.
Maintain
compliance with the Americans With Disabilities Act.
Asylum
seekers and their children should not be separated.
Provide
adequate detention facilities for women.
Implement
Know Your Rights Presentations at all jails and detention centers.
Conclusion
I
look forward to the opportunity to work with Mr. Perryman and Commissioner
Meissner to develop and implement a comprehensive plan to improve operations
at the Chicago district office. It is imperative to institute comprehensive,
long term, positive changes.
Thank
you for the opportunity to testify before this Subcommittee. |