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Administrative Law Keyed to Cass
McNary v. Haitian Refugee Center, Inc.
Citation:
498 U.S. 479 (1991)Facts
The Immigration Reform and Control Act of 1986 created two amnesty programs for undocumented aliens, including the Special Agricultural Workers program for aliens who performed at least 90 days of agricultural work before May 1, 1986. The statute provided that judicial review of SAW application denials could occur only in courts of appeals during deportation proceedings. The Haitian Refugee Center, a Catholic Diocese migration service, and 17 individual applicants filed a class action in federal district court alleging that INS procedures systematically violated due process rights. They claimed INS failed to provide competent interpreters for Creole-speaking Haitian applicants, denied applicants opportunities to present witnesses or challenge adverse evidence, maintained secret lists discrediting certain employers without notice to applicants, required payroll records many seasonal employers did not maintain, and failed to create adequate records of interviews for meaningful appellate review. The District Court found these allegations proved a pattern of constitutional and statutory violations.
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