A federal judge has challenged the traditional method used by US consulates for screening many applicants for visitor visas and other temporary visas to enter the US. Most US consular offices use profiles that single out applicants on the basis of various factors including ethnic origin, race, age, gender, the way an applicant speaks, the way an applicant looks, etc.
Judge Stanley Sporkin of the US District Court in Washington has ruled that such practices are unlawful and that the firing of a consular employee in Brazil who refused to follow orders to use the profiles was also unlawful.
The case in question involved Robert E. Olsen who was allegedly dismissed for failing to carry out his duties as a visa officer. A visa manual used in Olsen’s assigned consulate of Sao Paolo specifically said that applicants who are black, African or Asian should be closely scrutinized. The manual encouraged officers to use abbreviations such as RK (rich kid), LP (looks poor) and TP (talks poor).
Olsen refused to follow the profiles complaining the codes are racist. Olsen was fired, but the State Department alleges he was fired for poor work performance.
Judge Sporkin stated the visa policies were clearly illegal. But the State Department defended the profiles saying that they are useful in helping the consular officers ask the right questions and to determine which applicants should be called for interviews.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.