Public Complaints About INS Increased 29% in 1997, Agency Says

Public complaints to the Immigration and Naturalization Service are up about 29% from 1996, although “serious” allegations of abuse and excessive force by INS and Border Patrol agents are down about 26%, federal officials estimated Tuesday.

John Chase, head of the INS’ office of internal audits, said the number of overall complaints has risen because of growth in INS enforcement efforts and a simultaneous easing of the complaint-filing procedure. He sees the jump as a positive sign.

“Complaints are a healthy thing,” Chase said at a news conference, noting that the “vast majority” of complaints come from the Southwest border region, where most immigrants enter the United States. “I don’t think of complaints as a bad thing.”

Serious complaints, which involve allegations of abuse that could trigger criminal prosecution, are down from 328 last year to a projected 243 for 1997, according to the INS. Of this year’s complaints, Chase said, 33 have been substantiated by his investigators; discipline ranging from a reprimand to termination already has occurred in 20 of those cases.

The broader range of complaints--such as verbal abuse, discrimination, extended detention without cause--ballooned from 1,813 in 1996 to more than 2,300 this year, INS officials said. There also were about 400 reports of minor misconduct in a new category that was not previously tracked.

INS and Border Patrol officers arrested 1.5 million people last year, Chase said. That means less than 1% of the instances triggered complaints.

Immigrant advocates and human rights watchdogs long have criticized the Border Patrol’s record on civil rights abuses. And they have argued that both INS and Border Patrol agents traditionally have had a low proportion of complaints made against them because many immigrants--especially those entering the country illegally--fear the consequences of lodging such grievances.

The projected figures on 1997 complaints came as INS Commissioner Doris Meissner unveiled a so-called action plan to make her agency friendlier, more professional, better trained and in closer touch with the communities it serves, responding to a Citizens Advisory Panel formed two years ago to review INS procedures.

Meissner said one of her top goals is ensuring that immigrants--even those who enter the country illegally--do not have their rights trampled.

“We insist on proper treatment, humane treatment, polite treatment of people coming to this country, whether they have documents or not,” she said. “This is something an agency has to work on every single day. But I think we’re doing a good job.”

A key change already in place was providing bilingual complaint forms, as well as posters hung in every public INS office featuring the Statue of Liberty and outlining the complaint process in Spanish and English.

The panel also recommended having a permanent citizens committee, establishing uniform guidelines for disciplining employees, speeding up prosecution triggered by complaints and expanding external review of the agency.

Complaints should be taken into account for promotions and transfers, the panel recommended, and any time three complaints are lodged against an individual, his or her supervisor should be notified. Those accused of violent offenses such as assault, rape or murder should be placed in a non-public position while the complaint is investigated.

Allyson Collins, senior researcher at Human Rights Watch, was not impressed by the program outlined by Meissner.

“It’s all been said before, and it’s all been not done before,” Collins said.

“Compared to five or six years ago, the leadership in Washington is different [but] the reality at the border is fairly consistent,” she added. “You have Commissioner Meissner and others in Washington making proclamations about changes, and I don’t distrust their intentions. But it doesn’t trickle down.”

The 15-member citizens panel, appointed by U.S. Atty. Gen. Janet Reno, included immigrant advocates, academic experts, business leaders, prosecutors and four INS officials. It met and conducted hearings for two years before presenting its final report this fall.

Meissner pointed to the placement of a Mexican consular official at the San Ysidro border crossing who helps with questions that arise about an immigrant’s documentation as an example of good ideas that stemmed from the panel’s work.