CONTROVERSY OVER RACIST REMARKS BY INS ASYLUM OFFICER
An INS asylum officer has an extraordinary tale about his experiences with the agency, and it has nothing to do with his job. Only days after being hired, a conversation with other officers in a break room led to his firing. He told other INS employees that he believed US immigration law favored Russian Jews over Haitians because Haitians are more susceptible to AIDS than Russian Jews. He then suggested that there might be a genetic link between race and HIV infection. A colleague who overheard these remarks and was offended reported the comments to a supervisor. He was then fired because the INS has a zero-tolerance policy toward racist comments. He then sought assistance from a federal agency designed to protect the rights of federal employees. He argued that the firing violated his First Amendment rights because his comments were made in private, and that the INS’ failure to investigate the matter more thoroughly violated due process. A judge agreed with him, and order the INS to reinstate him, with back pay and interest. According to the judge, the INS failed to show how the remarks made him unfit to work as an asylum officer. Asylum experts argue, however, that statements of the natured described above tend to indicate a deep seated bias that may impact adjudication of applications. 
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