MSPB rulings on INS criticized

DAILY BRIEFING

MSPB rulings on INS criticized

Two lawmakers and the Justice Department inspector general are "outraged" by Merit Systems Protection Board decisions in favor of three senior Immigration and Naturalization Service officials, The Washington Post reports today.

Rep. Elton Gallegly, R-Calif., and Rep. Lamar Smith, R-Texas, have called for congressional hearings aimed at "reforming" the MSPB when Congress reconvenes in January. Justice Inspector General Michael Bromwich called recent MSPB decisions a "travesty." The lawmakers said they wanted to ensure that government officials "who endanger the public are adequately punished."

In June 1995, a congressional delegation led by Gallegly visited Miami to assess how the INS was handling an influx of illegal immigrants. The delegation visited the INS' Krome detention center and INS facilities at Miami International Airport.

After the visit, INS employees said that senior managers had deliberately misled the visitors about site conditions. A federal investigation concluded that before the delegation arrived, INS managers had released or transferred some of the illegal aliens detained at Krome. Of those released into the community at least nine were criminals and 35 did not have medical clearance.

The Justice Department ordered punishment for the five managers involved. Two accepted disciplinary action and three others appealed to the MSPB: Valerie Blake, INS deputy director in Miami; Constance Weiss, the Krome administrator; and Michael Devine, deputy director of the INS' Eastern Region.

MSPB administrative law judges, however, overturned the punishments. A judge said Blake's actions were merely "an overzealous effort to present a sharp-looking, heads-up group of employees doing their jobs." Weiss was found to be "following orders," and Devine was deemed "out of the loop."

MSPB had no comment on the criticism.