Reading Room Document

Requirement to Hold Evidentiary Hearing Before Withholding Wages of Federal Employee in Satisfaction of Debt Allegedly Owed the United States

This document discusses the legal requirements for the Immigration and Naturalization Service (INS) to withhold wages of its employees in satisfaction of a debt allegedly owed to the United States. The document concludes that a full evidentiary hearing is required before administrative wage withholding can be effected. The questions presented for review include whether a full evidentiary hearing is required, and what kind of due process hearing is necessary in cases of wage withholding. The document also discusses the relevant factual situation, the legal analysis, and the Supreme Court's consideration of due process requirements in similar circumstances.

June 28, 1979