Department of Labor

Impunity weakens the public faith in Obama Administration

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Re: Save Award: Impunity weakens the public faith in Obama Administration thereby increases cost for government doing business.

Dear Mr. President:

There are peoples from around the world in the United States. Implementation of U.S. law fairly, impartially, quickly and expeditiously is very vital to maintain peace and harmony in the country and keep united of all states in the United States of America. It is also necessary for the coordination and balancing among different cultures and beliefs. For this the public servants responsible for enforcing the country’s law must do their job fairly and impartially in the interest of protecting the law. If they don’t do their job properly, or if they are apathetic to implement the country’s law while the cases come relating to their races that will unnecessarily increase the government operating expenses.

There could be different races, such as the Latinos, Chinese, South-Asian, Jews, Black, etc., in the law implementing offices. If the government officials are apathetic to implement the country’s law and take action against their communities, what will happen to this country?

My example - how government expense is increasing:

My employer did not pay me minimum wage determined by State Workforce agency upon their request and took retaliatory action for asking the minimum wage and overtime work. I am the crime victim of involuntary servitude and perjury of my employer. I filed complaint with Wage and Hour Division at 26 Federal Plaza, New York in June 2008 with all the material evidences provided by the government agencies that have jurisdictions. However, the district director Luis Greer, and Investigator Lou Bermudez made arbitrary and capricious decision against the material evidences after taking seventeen months’ time, although according to law the decision has to be made within one month. I appealed to the Administrative Law Judge Janice K. Bullard. My perpetrator changed counsel at the last hour of hearing and brought a new counsel who was the friend of ALJ Bullard’s husband. So, ALJ Bullard affirmed the Administrator’s decision in order to protect the client of her husband’s friend.

The case went to the Administrative Review Board of USDOL. The Board decided to review the case de novo based on the substantial evidences. The U.S. Government agencies like USCIS, SWA/NYSDOL and ETA/USDOL have corroborated the evidences again in May 2010 that the board has accepted.

According to following announcement of the Labor Secretary, I requested U-Visa Form B certification several times to WHD, Solicitor’s Office, Chief Administrative Law Judge. But I have been failed to get certification. The USDOL has made me unable to access to law. It seems the Latina perpetrator is being protected under the USDOL.

“I'm here to tell you that your president, your secretary of labor and this department will not allow anyone to be denied his or her rightful pay — especially when so many in our nation are working long, hard and often dangerous hours, " Secretary Solis told an energized crowd of workers, community advocates and leaders. "We can help, and we will help. If you work in this country, you are protected by our laws. And you can count on the U.S. Department of Labor to see to it that those protections work for you."

Secretary of Labor Hilda L. Solis WHD News Release: [04/01/2010]

 

"Regardless of immigration status, no one should have to suffer criminal abuse silently. U visas give some measure of security to immigrant victims who are desperate to escape an abusive situation and are willing to cooperate with law enforcement" --Secretary Hilda L. Solis.

The case is now running in forth year under Department of Labor. The simple case like mine, i.e., minimum wage payment violation which is supported by the material evidences, if takes so long time, the Obama Administration can understand how injustices have been taking place in other complicated cases under USDOL. And, those being non-Latino, who don’t have anyone except God, get much injustice in USDOL not even being able to get U-visa certification.

Currently, there are thousands of unresolved cases due to negligence of administrators and judges that are associated with huge amount of unnecessary government budget to carry on the cases.

Suggestion:

1. Currently, WHD Directors/Investigators are granted discretion in their judgment. Such power should be reviewed and curtailed in order to save the victim from injustice which will also save time and cost of government operating business.

2. USCIS should be able to certify the Supplement B Form I-918 based on the material evidence presented by the victim. Currently, it is very difficult to get certification of this form other agencies, which is made compulsory to complete U-Visa application. So, the victims of crime become more victims and suffer in order to get certification of the Form. If necessary the required law needs to change. This provision is going against the spirit of the U-VISA provision established by the congress.

Reward and Punishment must go hand in hand:

In order to effectively launch the SAVE Award the Obama Administration should also take the real examples from the public like mine, the victims of biased action of public servants. If the public servant responsible for enforcing the law found guilty of abusing the authority must be punished as they are rewarded for doing job efficiently and effectively. Impunity must end that has great cost impact on government doing business.

Cost is outcome of the way the work is being done by the government offices. If the work is done biased, it will increase the cost. However, if the public servants have honesty and loyalty toward protecting the law and providing justice to the public regardless of any other factors, productivity goes up and cost will decline and effectiveness of government service delivery increases.

If you see a way the government can do its job better, or do the same job with less money, I want to know about it.

--President Barack Obama

 

God Bless America!

Yours truly,

Bishnu Singh Baiju

P.S. I am a news reporter. Also, I am a blood donor of New York Blood Center, and I have very special type of blood group that is very helpful to save life of most American patients in USA.

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