Responsible Cooperators Program : Much Ado About Nothing!
Posted Dec 07, 2001

In late November 2001, U.S. Attorney General John Ashcroft announced a new program called the "Responsible Cooperators Program." Although national media like the CNN and NBC and others gave it much publicity, the so-called program appears to be greatly exaggerated. The program is touted by the Attorney General as an avenue for immigration relief for those foreign nationals with "information which is reliable information and useful to us in preventing terrorism and apprehending those who are involved in terrorist activities." These individuals are directed by the Attorney General to bring their information to the FBI, or to the U.S. Embassy if the individual is overseas. The incentive held out by the Attorney General is that "you could, as a result of that information, be provided a visa which will allow you to be in the United States, allow you if necessary to work in the United States and provide the basis for your someday becoming a U.S. citizen."

A review of the three-page announcement from the Attorney General (AG) specifying the nature of the program reflects that the program is a directive to the relevant government entities to utilize the already existing provisions which allow for certain immigration benefits to be conferred upon informants. While Attorney General Ashcroft told NBC's Today show that people without proper documentation who come forward should not fear for their futures, there is no new form of immigration relief created to provide incentives to those who may have information that may be useful in the efforts against terrorism. The statements in the memo are much more limited than the statements made to the media promoting the program.

The AG's memo states that the various government agencies and divisions are "directed to pursue the use of S non-immigrant status in all appropriate cases…. In appropriate cases where the alien is not eligible for S non-immigrant status, but nonetheless provides information that is reliable and useful in the apprehension of terrorists or prevention of acts of terrorism, I direct you to consider deferring action on placing the alien into removal proceedings or granting parole in the public interest to allow the alien to enter and remain in the U.S."

Therefore, after all of the publicity during the last week or two, the only relief is the S visa, deferred removal and parole in the public interest. By way of background to our MurthyBulletin and MurthyDotCom readers, the S non-immigrant visa is available to foreign national informants who have critical, reliable information regarding criminal organizations (S-5) or terrorist operations (S-6). There is a limit of 50 S-6 visas per year and 200 S-5 visas. The S-5 visa may be used for foreign nationals who have information about terrorist organizations that violate federal criminal laws. The S-6 visa may be granted in instances where the Attorney General and the U.S. Secretary of State determine that the foreign national has critical, reliable information concerning a terrorist organization; is willing to supply or has supplied that information to appropriate authorities; will be placed in danger as the result of that information; and is otherwise eligible. The S-5 contains similar requirements, with the additional requirement that the person's presence is necessary to the success of a criminal investigation or prosecution. There are several layers of governmental action and approval required in order to obtain issuance of an S visa. Due to the numerical limitations on S visas, the Attorney General has directed that the INS continue to process the cases and maintain a waiting list. The INS may parole or defer action on the cases while the S applications are pending.

The additional forms of relief referred to for foreign nationals who do not qualify for S visas are parole or deferred action. The Attorney General directed the U.S. Attorney or Criminal Division to request this relief from INS for such foreign nationals. Parole enables the INS on a case-by-case basis to allow certain aliens to enter the U.S. These would be instances where there is a significant public benefit in allowing the individuals to enter and remain in the U.S. For foreign nationals already present, the INS may defer action on placing a removable (deportable) alien into removal (formerly deportation) proceedings. This action places the foreign national in a "period of stay authorized by the Attorney General." The INS can grant work authorization to both categories of individuals. While this new utilization of the existing programs may be of assistance to some foreign nationals and to the U.S. government's efforts against terrorism, it is important people not to be misled that this program provides some sort of amnesty or any long-term immigration status.