Chapter 9 - Feedback, Complaints, Misconduct, and Discrimination

A. Feedback

1. USCIS Contact Center

USCIS conducts telephone interviews every month with callers who have used the USCIS Contact Center within the past 90 days. USCIS may contract with a private company to execute this task. The interviews that are conducted represent a statistically valid sample.

2. In-Person Appointments

Field offices may provide feedback forms in their waiting rooms. If such forms are provided, field offices should also provide a place within the office to deposit the feedback forms.

3. USCIS Website

In February 2010, USCIS implemented the American Customer Satisfaction Index (ACSI) Survey on the USCIS website. This recognized instrument is a voluntary, randomized, pop-up, online survey offered to USCIS website users. By participating in this survey, USCIS became part of the E-Government Satisfaction Index and joined more than one hundred other government organizations and agencies that have already implemented this survey and are receiving feedback.

USCIS reviews the results of the survey on a quarterly basis and identifies opportunities to improve the USCIS website. Survey data also informs USCIS where resources might best be used to affect overall satisfaction.

USCIS also reviews a wide assortment of research papers and other products available from the survey administrator to help USCIS in data gathering, analysis, and site improvement activities.

B. Complaints^[1]

1. Ways of Submitting Complaints

Complaint in USCIS Office

Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant’s name and information about the nature of the complaint. The supervisor should attempt to resolve the issue before the complainant leaves the office.

Submit Written Complaint

Written complaints may include handwritten letters, emails, or faxes.^[2]

Contact Office of Inspector General Directly^[3]

Contact information for DHS Office of Inspector General (OIG) can be found on both the USCIS website and on the DHS website. OIG contact information must also be displayed in a public area and visible in every USCIS field office.

File Complaint with USCIS Headquarters

USCIS Headquarters (HQ) contact information is provided on USCIS’ website. If the complaint is directed to the wrong directorate or program office, the complaint must be forwarded to the appropriate HQ entity.

Ask to Speak to Contact Center Supervisor

If a caller is dissatisfied with the service he or she received during a call to the USCIS Contact Center, the caller may ask to speak to a supervisor.^[4] Both Tier 1 and Tier 2 staff members must transfer the call to a supervisor.

2. Complaints Received

A person should not be expected to know where to first submit a complaint or how to elevate a complaint if they think that their issue has not been adequately addressed. Under no circumstances should a person’s complaint be dismissed or disregarded because the proper process for filing a complaint was not followed. All complaints received must be handled appropriately.

All complaints should be responded to by providing a written response, telephone call, or if applicable, addressing the complaint in person upon submission. The response should explain steps taken to resolve the issue. In cases where the complaint cannot be resolved in a reasonable time, the response should acknowledge the receipt of the complaint, when a resolution is expected, and any additional action the person may take.

Applicants with complaints about being victimized by a person engaged in the unauthorized practice of immigration law (UPIL) should be directed to USCIS’ website where they can find state-by-state reporting information, as well as information on how to report UPIL to the Federal Trade Commission.

C. Allegations of Misconduct

USCIS employees are also subject to mandatory reporting requirements for known or suspected misconduct by federal employees and contractors.

1. Employee Misconduct

Allegations of misconduct by USCIS employees and contractors may include, but are not limited to:

• Fraud, corruption, bribery, and embezzlement;
• Sexual advances or sexual misconduct;
• Theft or misuse of funds and theft of government property;
• Perjury;
• Physical assault;^[5]
• Unauthorized release of classified or special protected class^[6] information;
• Drug use or possession;
• Unauthorized use or misuse of sensitive official government databases;
• Misuse of official position for private gain;
• Misuse of a government vehicle or property;
• Failure to properly account for government fund;
• Unauthorized use or misuse of a government purchase or travel card;
• Falsification of travel documents; and
• Falsification of employment application documents.

2. Reporting Employee Misconduct

Benefit requestors and other interested parties should report allegations of misconduct by USCIS employees promptly to a USCIS supervisor, USCIS Office of Investigations (OI), or DHS OIG.^[7] Individuals may report allegations of misconduct involving discriminatory conduct to DHS Office of Civil Rights and Civil Liberties (CRCL).^[8]

USCIS OI makes every effort to maintain the confidentiality of informational sources to protect the integrity of the investigation. However, for investigations in which an allegation is substantiated and disciplinary action is proposed, the subject of such investigation is entitled to review documentation and evidence relied upon as the basis for the proposed action.

OI refers matters to DHS OIG for review and investigative determination as required, depending on the nature of the allegations included in the report. If the allegation either does not meet the criteria for referral to DHS OIG or is not accepted by DHS OIG for investigation, OI may resolve the matter by conducting an investigation; referring the matter for an official management inquiry, if appropriate; or referring the matter to the appropriate USCIS manager for information and action deemed appropriate.

As a matter of procedure, OI does not provide a complainant, victim, witness, or subject of a complaint with the investigative determination of a complaint, since a disclosure of this nature could adversely impact the investigative process or agency resolution of the alleged behavior.

D. Allegations of Discrimination

1. Anti-Discrimination Policy

USCIS does not tolerate discriminatory treatment of any persons. USCIS considers discrimination to include the unlawful treatment of a person or group of persons based on classes or other categories to which they belong or are perceived to belong. It also includes retaliation against a person who reports or complains about discrimination, or who participates in the investigation of a discrimination complaint. It is USCIS policy to treat the public in a non-discriminatory manner regardless of whether they belong to a class or group specifically protected under federal anti-discrimination laws or other legal authorities.

USCIS policy on anti-discrimination is not limited to specific classes or groups. This policy prohibits discrimination by any USCIS employee^[9] towards any benefit requestor,^[10] other USCIS employee, or anyone else with whom USCIS employees interact by virtue of their work for USCIS. Such behavior violates USCIS’ core values.^[11]

In addition to training employees on the administration of immigration benefits, USCIS provides agency-wide training on USCIS’ anti-discrimination policy to all employees who interact directly or indirectly with members of the public.

2. Reporting Discrimination

Benefit requestors and other interested parties should report allegations of discrimination, including those based on race, ethnicity, national origin, religion, sex, sexual orientation, gender identity, or disability, promptly to a USCIS supervisor or to DHS CRCL; allegations may also be reported to USCIS OI or DHS OIG.^[12] Individuals may report allegations of discrimination involving physical assault (such as grabbing, fondling, hitting, or shoving) to OI or DHS OIG.^[13] USCIS employees also have a duty to report allegations of misconduct by federal employees and contractors promptly to a USCIS supervisor, USCIS OI, or DHS OIG.^[14]

3. Retaliation

USCIS does not tolerate retaliation against any person for reporting discrimination. This includes filing a complaint, helping any other person file a complaint, or participating in an inquiry into potential violations of this policy. Any employee found to have engaged in retaliatory conduct or behavior is subject to disciplinary action.

E. Reporting Fraud, Abuse, and Scams

Benefit requestors and other interested parties should report fraud, abuse, and scams as indicated on the USCIS Contact Us page.

In addition, immigration fraud can be reported to:

• Immigration and Customs Enforcement;
• Department of Labor’s Wage and Hour Division;
• The Federal Trade Commission; and
• State authorities.

The USCIS website also contains information on common scams and how to avoid scams.

Footnotes

[^ 1] This section specifically addresses complaints that do not involve egregious or criminal misconduct. For information on the Office of Security and Integrity’s policy on reporting criminal and egregious misconduct, see Section C, Allegations of Misconduct [1 USCIS-PM A.9(C)].

[^ 2] See Appendix: Dissatisfaction with USCIS: Terms and Definitions for information on where to send complaints.

[^ 3] See Appendix: Dissatisfaction with USCIS: Terms and Definitions for information on how to contact the OIG.

[^ 4] See Chapter 3, Forms of Assistance, Section C, Telephone [1 USCIS-PM A.3(C)].

[^ 5] Physical assault may include grabbing, fondling, hitting, or shoving.

[^ 6] See Chapter 7, Privacy and Confidentiality [1 USCIS-PM A.7].

[^ 7] Members of the public may file allegations of misconduct by following the instructions provided on the Report USCIS Employee Misconduct webpage. USCIS employees are also subject to mandatory reporting requirements for known or suspected misconduct by federal employees and contractors. In addition, see the DHS Office of Inspector General webpage.

[^ 8] See Section D, Allegations of Discrimination [1 USCIS-PM A.9(D)].

[^ 9] For the purposes of this anti-discrimination policy, USCIS considers the term “USCIS employee” to include both persons employed directly by the federal government and government contractors.

[^ 10] In accordance with DHS policy, USCIS may use race or ethnicity only when a compelling governmental interest is present, and only in a way narrowly tailored to meet that compelling interest. This policy further permits consideration of nationality when it is expressly relevant to the administration or enforcement of a statute, regulation, or Executive Order, or for individualized discretionary use of nationality as a screening, investigation, or enforcement factor. See DHS Memorandum, The Department of Homeland Security’s Commitment to Nondiscriminatory Law Enforcement and Screening Activities (PDF), issued April 26, 2013.

[^ 11] See Chapter 8, Conduct in USCIS Facilities [1 USCIS-PM A.8]. See the About Us USCIS webpage.

[^ 12] See the DHS Make a Civil Rights Complaint webpage. The DHS Office for Civil Rights and Civil Liberties webpage also contains detailed information about avenues for filing complaints with different offices and components of DHS.

[^ 13] See Section C, Allegations of Misconduct [1 USCIS-PM A.9(C)].

[^ 14] See Section C, Allegations of Misconduct [1 USCIS-PM A.9(C)].