ACLU/SC Challenges Citizenship Delays
In December, the ACLU of Southern California filed another class action lawsuit as part of the effort to end government delays in processing applications of those who have met all requirements for citizenship.
The suit, Bavi v. Mukasey, demands the government enforce time limits on the background checks of people undergoing naturalization. An FBI name check is a routine part of every naturalization application, along with fingerprint and background checks. Many immigrants who have met all citizenship requirements are left in limbo for months or years due to the glacial pace of these checks. Officials say the delays often occur when applicants have similar names that result in mix ups that are time-consuming to resolve.
Though the name checks are supposed to contribute to the safety of the nation, a report by the US Citizenship and Immigration Service ombudsman suggested that name checks themselves may have little value in identifying persons who pose a threat.
"The current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country," the report states.
"People's lives are on hold because they are in a bureaucratic black hole," said ACLU/SC staff attorney Ranjana Natarajan.
That's what's happened to James Moorhead, a native of England who has lived in the U.S. for 30 years. Though he has awards from Congress and the city and county of Los Angeles for foiling an armed robbery, he has been waiting more than a year since his immigration interview was abruptly canceled last year.
The lawsuit names Attorney General Michael Mukasey, the FBI, and the USCIS, which oversees the naturalization process.
We are joined in this effort by the National Immigration Law Center, the Asian Pacific American Legal Center, and the law firm of Munger, Tolles & Olson.
