Agency Discretion and Public Ethics: The Case of the Immigration and Naturalization Service

Abstract

This article examines the public manager’s ethical responsibility to implement laws, and the consequences for agencies and clients when managers fail to do so. Using the Immigration and Naturalization Service (INS) as an example, it shows how the failure to implement immigration statutes equitably, and to perform the basic duties expected of the agency, resulted in the inequitable treatment of immigrants, possibly including the deportation of innocents. The analysis argues that agencies have a responsibility to inform Congress of implementation problems and to request the resources needed to address these problems, and that it is in the self-interest of Congress to address implementation problems quickly. When administrators act prudently and in their own self-interest, they are able to fulfill an obligation both to their clients and to the principals they serve.