INS Issues Cable on CSS v. Reno

Name of Agency: U.S. Immigration & Naturalization Service,
Headquarters, Washington, D.C. 20536

Preference: Priority

Security Classification: Unclassified

Accounting Classification: 2211

Date: January 30, 1995

File: HQ 1588-P - HQ 1588/4.5

Name: Kathy Craig
Phone: 514-5014

To: All Regional Offices, All Districts, Sub-Offices, and OICS Domestic and Foreign, All Sector Headquarters

Subject: Discontinuance of taking applications for Class Membership Submitted Pursuant to the United States District Court's Order in CSS vs. Reno.

Since 1988, the INS has been accepting nation-wide class membership applications in CSS v. Reno pursuant to the orders of the United States District Court for the Eastern District of California. On June 18, 1993, the United States Supreme Court vacated the judgment of the United States Court of Appeals for the Ninth Circuit, and remanded the case for further proceedings, Reno v. CSS, ___U.S.___ (June 18, 1993). The Court of Appeals remanded the case to the District Court.

It was the initial view of the INS that the Supreme Court's decision vacated all prior orders entered in the case. However, in order to protect the INS from any repercussions or sanctions from the District Court, the Department of Justice filed a motion to implement mandate and vacate all prior orders entered in the case. At a scheduled hearing on the motion, the District Court advised there was nothing before the court to implement or vacate, and it would not issue an advisory opinion as to whether the INS could or could not discontinue the taking of Class Membership Application.

Therefore, effective immediately upon receipt of this wire, all offices will cease accepting Class Membership Application pursuant to CSS v. Reno. However, any claims of "front desking" should continue to be forwarded without adjudication or issuance of work authorization to HQ.

Attention: Kathy Craig, Room 3214.

N.B. This decision does not apply to applications filed pursuant to LULAC v. INS. Those orders remain in effect and will continue to be complied with until further notice.

All wires, memos, and other instructions previously issued regarding CSS class membership are rescinded. All scheduled interviews for class membership are to be canceled and, if possible, the applicants notified of the cancellation. The notice, which can either be mailed or handed out, should read:

This is to inform you that effectively immediately, the Immigration and Naturalization Service has ceased accepting Class Membership Applications in CSS v. Reno. Benefits are no longer available under this lawsuit. Therefore, the interview scheduled in connection with your application for CSS class membership is canceled and no further action will be taken on your claim.

Additionally, the Service will no longer extend Forms I-688A granting employment authorization to CSS class members. We will not take active steps to revoke currently valid I-688As unless or until the card holder presents him/herself to, or is encountered by, the Service. At that time, you should take away the card. Any I-688As which have been issued but not yet presented to the alien should be destroyed. The designation in CIS of CS1 no longer reflects that the alien is eligible for a grant of work authorization or stay of deportation.

CSS Class Membership will no longer be a factor in the decision process for advance parole. If applications for advance parole are submitted by former class members, you will adjudicate the applications consistent with the general policies and practices applicable to requests for advance parole. CSS class members who appear at a port of entry, with or without advance parole or a valid I-688A or with a boarding letter, should be paroled in for exclusion proceedings. If the alien is in possession of a valid I-688A, it should be taken away at this time and the individual provided with notification of the reason for this action. The following notice can be reproduced and handed to the alien at the time you take the card.

This is to inform you that effectively immediately, the Immigration and Naturalization Service has ceased accepting Class Membership Applications in CSS v. Reno. Benefits are no longer available under this lawsuit including employment authorization. Therefore, your employment authorization, Form I-688A is being retained by the Service.

Requirements that encountered, apprehended, or detained aliens be advised of their right to file CSS Class Membership Application are rescinded.

The confidentiality provisions will continue to apply to former class members and the Service may not use the information furnished pursuant to class members applications to place the alien in deportation proceedings. However, deportation proceedings may be commenced or continued against aliens who or have been independently encountered by the Service. All deportation proceedings previously stayed should be recalendared through the District Counsel's Office.

This wire does not affect ongoing criminal investigations; any pending investigations may continue.

Please do not transfer the A files or CSS members to a Service Center or consolidate them into other existing A files at this time.

It has come to our attention that there are hundreds, perhaps thousands, of CSS Class Member A files which were created at field offices but were never entered into the Central Index System by those offices. Effective immediately, the District having physical possession of the file has the responsibility for entering these cases into CIS without delay. Newly inputted cases should reflect whatever action was last taken on the application, e.g., CS1 if Class Membership was granted, CS2 if it was not, or CS3 if the case involved fraud. You are not required to make any changes to data for CSS Class Members which is already in CIS.

All cases raised for dispute resolution are hereby closed. It is not necessary to mail notices of intent to revoke to the alien or copies of denial notices to counsel for the plaintiffs.

An questions you have regarding this wire may be referred to Kathy Craig at 202/616-7450 or to Eloise Rosas or Julia Doig Engdahl in the General Counsel's office at 202/514-2895.

James A. Puleo
Executive Associate Commissioner for Programs

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