class-action suit seeks completion of all N-400 cases by Sept 22

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This is from today's Times:

Latinos Seek Citizenship in Time for Voting

By JULIA PRESTON

A lawsuit filed Thursday in a federal court in New York by Latino immigrants seeks to force immigration authorities to complete hundreds of thousands of stalled naturalization petitions in time for the new citizens to vote in November.

The class-action suit was brought by the Puerto Rican Legal Defense and Education Fund on behalf of legal Hispanic immigrants in the New York City area who are eager to vote and have been waiting for years for the federal Citizenship and Immigration Services agency to finish their applications. The suit demands that the agency meet a nationwide deadline of Sept. 22 to complete any naturalization petitions filed by March 26.

Latino groups hope to summon the clout of the federal courts to compel the Bush administration to reduce a backlog of citizenship applications that swelled last year. According to the Migration Policy Institute, a nonpartisan research group in Washington, more than one million citizenship petitions were backed up in the pipeline by the end of December, the majority from Latino immigrants.

Despite protests over the delays from lawmakers, Latino groups and immigrant advocates, the immigration agency is currently projecting wait times of 16 months to 18 months to process the petitions.

“The reality is that large numbers of Latinos will not be able to vote in the elections because of these delays,” said Cesar A. Perales, president of the defense fund. “Now the world will know that the Latino community expects the Bush administration to get this done on time.”

Christopher S. Bentley, a spokesman for Citizenship and Immigration Services, said he could not comment on pending litigation.

“Our commitment is to work through the naturalization applications as quickly as we can without compromising the security and integrity of the process,” Mr. Bentley said.

The lawsuit, filed in the Southern District of New York, asserts that the agency violated immigrants’ due process rights by routinely failing to finish their applications within a 180-day time period that Congress has set as a standard. It also asserts that the Bush administration did not follow regulatory procedures in November 2002 when it ordered the Federal Bureau of Investigation to deepen its background checks of citizenship applicants.

Foster Maer, a lawyer for the defense fund, said it would soon file motions asking the court to order the agency immediately to meet the September deadline, which is intended to leave new citizens time to register to vote.

Manuel Martinez, 35, a legal immigrant from Mexico who is a plaintiff in the suit, filed his petition in January 2006. It has been delayed because the F.B.I. has not completed the required background check, he said. He said he suspected the problem was that he has a common Hispanic name.

“I want to be a citizen yesterday, not tomorrow,” said Mr. Martinez, who has lived in the United States since 1990. “I am really worried about the economy, and the deficit is too much. I need to vote.”

A fee increase, raising naturalization costs 80 percent to $595, went into effect on July 30. Legal immigrants were also spurred to seek citizenship by worries about the divisive debate over immigration and by citizenship campaigns by Latino groups.

“It is astonishing the government should be so unresponsive to immigrants who have enthusiastically taken all the steps to become Americans,” said Janet Murguía, president of the National Council of La Raza, a Latino group that supported the suit.




The following is the statement from the group that filed the suit:



FOR IMMEDIATE RELEASE
March 7, 2008
CONTACT: John Garcia, PRLDEF, (212) 739-7513

The Puerto Rican Legal Defense and Education Fund filed suit on behalf of Latinos today, charging that the United States government has failed to meet one of its core responsibilities - to grant citizenship and the right to vote to those entitled to it.

Because of a backlog on processing naturalization applications, more than 1 million applicants, mostly Latinos, have had citizenship withheld and with it, the ability to vote and fully participate in determining the future of the country.

Though the government has declared that applications should be acted upon within six months, hundreds of thousands of people have been waiting up to three years for a decision.

These increased delays have imposed severe hardships on many of these longtime residents:

They cannot vote.

They are deemed ineligible for important benefits and jobs.

They can not sponsor their children, parents and spouses for citizenship.

They cannot travel freely.

PRLDEF is acting with the support of national Latino organizations, including the National Association of Latino Elected and Appointed Officials Educational Fund and the National Hispanic Leadership Agenda.

“We’ve already witnessed unprecedented numbers of Latinos going to the polls during this election season. Hundreds of thousands more are being denied that same opportunity,” said Cesar Perales, PRLDEF’s President and General Counsel. “They have been fingerprinted, passed background checks, paid their application fees, they passed their English test, proven their knowledge of our nation’s history and still their citizenship is being withheld.”

Hundreds of thousands of Latinos across the country have sought citizenship in order to vote in this year’s elections during this time of widespread anti-Latino, anti-immigrant sentiment. Last week in Texas, Latino citizens came out in record numbers to vote in the presidential primaries.

In 2001, when the process took eight months, President Bush set a goal of six months from start to finish for processing applications for immigration. Today the average application takes approximately 16-18 months to process.

In New York alone, over 90,000 legal U.S. residents have been waiting for up to three years for their naturalization applications to be processed. Currently, 1.1 million foreign born New Yorkers are currently eligible for citizenship, according to the NY State Immigration Coalition. Another 400,000 New Yorkers will be up for citizenship in the coming years, according to the Coalition.

“Thousands of immigrants will be wrongly denied the most wonderful opportunity our government offers us, the ability to participate in the democratic process, unless the Court grants the relief sought by our clients.” added Foster Maer, one of PRLDEF’s attorneys on the case. “When people follow the rules, so should the government.”

The lawyers from PRLDEF were recently joined as co-counsel in this case by attorneys from the New York Legal Assistance Group, a not-for-profit public interest law firm based in Manhattan. NYLAG is a not-for-profit organization providing a wide range of legal services, including consultation, direct representation, impact litigation, advocacy and community education, to low-income New Yorkers who would otherwise be unable to afford or receive legal help.
 
It's about time someone did something on a large scale! Let's see how this lawsuit turns out.
 
It is good but I doubt it will make any significant impact on the overall progress of the backlog.... It has been months since the fee rise and we saw nothing improving but more problems. It is an irony to pay more for less effective service, esp for those who applied after the fee rise.:p
 
It is good but I doubt it will make any significant impact on the overall progress of the backlog.... It has been months since the fee rise and we saw nothing improving but more problems. It is an irony to pay more for less effective service, esp for those who applied after the fee rise.:p

USCIS excels in irony:

"USCIS is a fee-funded agency and draws its operating expenses from the fees it collects from applicants. By raising fees, USCIS has put itself on a path to modernize its aging business practices and meet an ever-expanding set of responsibilities."
 
What they need to do is "level load" the applications among several neighboring DOs. Los Angeles and Santa Ana DOs have been doing this for quite a while now. I honestly wouldn't mind catching a plane to Kentucky or Ohio to get a quicker interview.
 
What they need to do is "level load" the applications among several neighboring DOs. Los Angeles and Santa Ana DOs have been doing this for quite a while now. I honestly wouldn't mind catching a plane to Kentucky or Ohio to get a quicker interview.

I think you're right, I don't know why they don't adopt such a practice. A lot of people have to travel a fair distance to their local DO anyway.

As far as NYC goes, I don't think cooperation with the closest DOs, such as Newark or Philadelphia, would be of any help. But most people, I think, would be willing to travel to Buffalo or Albany if it meant quicker processing.
 
I think you're right, I don't know why they don't adopt such a practice. A lot of people have to travel a fair distance to their local DO anyway.

As far as NYC goes, I don't think cooperation with the closest DOs, such as Newark or Philadelphia, would be of any help. But most people, I think, would be willing to travel to Buffalo or Albany if it meant quicker processing.

Philly is slow as molasses. If anything, they can benefit from NYC's help. Truthfully, I would travel anywhere in the U.S., if it meant a quicker interview.
 
Philly is slow as molasses. If anything, they can benefit from NYC's help. Truthfully, I would travel anywhere in the U.S., if it meant a quicker interview.

Same here. They should make this an option when you apply. That would allow people, at their own expense, to expedite their processing somewhat.

As for the lawsuit, I'm not sure what will come of it or how you could reasonably expect the USCIS to process all outstanding applications by September. This is a government agency that takes 3 months to cash a check! They take incompetence and inefficiency to a new level, and then hide behind "national security" concerns whenever somebody demands they expedite matters.

At any rate, I think it's great that advocacy groups have taken this on and at the very least this should keep the subject of naturalization backlogs in the news. As November draws closer, I hope that the political pressure on this agency is increased to a point that they actually do something.
 
Philly is slow as molasses. If anything, they can benefit from NYC's help. Truthfully, I would travel anywhere in the U.S., if it meant a quicker interview.

I'm with you: personally, I'd go to Anchorage in a heartbeat. However, for many applicants - probably those in greatest need of the naturalization benefit - distant travel would be too much of a hardship. I think they also probably expect the IO to have some knowledge of the applicant's district when evaluating his/her application. But I still think there's room for regional level-loading.

The other alternative would be to set up large-scale interviewing operations at the service centers, to offset the imbalance at the DOs (it would also make scheduling interviews that much easier for the service centers).
 
Same here. They should make this an option when you apply. That would allow people, at their own expense, to expedite their processing somewhat.

As for the lawsuit, I'm not sure what will come of it or how you could reasonably expect the USCIS to process all outstanding applications by September. This is a government agency that takes 3 months to cash a check! They take incompetence and inefficiency to a new level, and then hide behind "national security" concerns whenever somebody demands they expedite matters.

At any rate, I think it's great that advocacy groups have taken this on and at the very least this should keep the subject of naturalization backlogs in the news. As November draws closer, I hope that the political pressure on this agency is increased to a point that they actually do something.

As always, great point. While I don't think that September 22 is a realistic date, I think it's realistic to force the USCIS to adjudicate all pending applications by the end of the year. It would also be feasible to administer an oath on site, if the application is approved upon conclusion of the interview. As much as I'm looking forward to the grandiose oath ceremony, I'd gladly forgo the pomp and circumstance in favor of a quicker, more efficient naturalization.
 
The suit demands that the agency meet a nationwide deadline of Sept. 22 to complete any naturalization petitions filed by March 26.

Does this apply to everyone or just to the people filing the lawsuit?
thanks!
 
As always, great point. While I don't think that September 22 is a realistic date, I think it's realistic to force the USCIS to adjudicate all pending applications by the end of the year. It would also be feasible to administer an oath on site, if the application is approved upon conclusion of the interview. As much as I'm looking forward to the grandiose oath ceremony, I'd gladly forgo the pomp and circumstance in favor of a quicker, more efficient naturalization.
Same here. In fact, I would much prefer a smaller ceremony that takes place the same day as the interview. This would help reduce the overall processing time by weeks or even months in some cases. But, like many things that would make the process more efficient, it will probably never be implemented by the USCIS.

As for the lawsuit, it was filed as a class action suit so my read is that it applies to every person who has an N-400 application pending.
 
My mistake. I just read the actual wording on the lawsuit and it reads as follows:

"Plaintiffs bring this class action on behalf of themselves and a propsed class of similarly situated lawful permanent residents residing in the counties served by the New York City District Office of the United States Citizenship and Immigration Services, who have submitted or will submit applications to be naturalized as United States citizens, and whose applications have not been or will not be adjudicated within 180 days of the date of submission, and on behalf of a sub-class composed of those members of the class who reside in the Southern District of New York..."

So, while there are about 6 or 7 individuals named as plaintiffs, the lawsuit is filed on behalf of them and other "similarly situated individuals". However, it does seem to be on behalf of people served by the New York DO.

Perhaps we should use this lawsuit as a template and start filing in different regions. Anybody up for filing a lawsuit in Southern California?
 
Well, then if the decision is in favor of the plaintiffs then in order to expedite their applications they will have to delay other applications especially in the background check process. this should have a national scope.
 
Yep,

would be reshuffle the queue. No general benefit.
If that was different, then there would be real change.

The only hope is that the "name check" gets kicked out for everyone as per argument, wasn't approved by congress and that has nothing to do with the plaintiffs.
 
Same here. In fact, I would much prefer a smaller ceremony that takes place the same day as the interview. This would help reduce the overall processing time by weeks or even months in some cases.

This isn't necessarily true. The law allows the oath to be administered either by court ceremony (by a judge) or by administrative ceremony (by a USCIS officer). Which is used varies by DO. The former method places the ultimate processing timeline partly at the mercy of the court's schedule, but it frees up USCIS resources for case ajudication. If you were to get a same day oath, it would presumably be by a USCIS officer, and interviews would have to be processed more slowly to allow for this.
 
Yep,

would be reshuffle the queue. No general benefit.
If that was different, then there would be real change.

The only hope is that the "name check" gets kicked out for everyone as per argument, wasn't approved by congress and that has nothing to do with the plaintiffs.

Well, I actually think that a favorable judgement would be beneficial to all naturalization applicants, and not just the ones in New York. The reason I say this is that one of the arguments being made is that many N-400s are not being adjudicated within 180 days of receipt. This is claimed to not only violate 5 USC 555(b) and 706(1), but also the Due Process Clause of the Fifth Amendment to the US Constitution. It will be interesting to see if the courts agree with this. My guess is that they probably will.

Agree with you about the Name Check thing as well. Plaintiffs are requesting that all naturalization applications be adjudicated without waiting for FBI name checks. That would be awesome if it was upheld by the courts, and it would apply to all applicants, not just those in New York.

However, even with a favorable judgement, the defendants can simply appeal and then appeal again - this can go on ad infinitum, as they have the full resources of our tax dollars to keep stalling things. By the time an actual decision is made and finalized, very few people on this forum will benefit from it. Again, I believe the best thing about things like this is the publicity they draw to the situation at USCIS, which in turn pressures the USCIS to expedite matters.
 
Seriously,

in general I think the US is pretty easy on this. Germany would be a whole different story and way more complicated.

That said however, I still think they are absolutely unorganized.

One of my problems is that the dual citizenship permission from Germany is only valid for 2 years. After that one has to renew and the fees aren't exactly peanuts either.

I got my permission in 08/07 thus I have quite some time left, but I know of others who really got the time pressure.
 
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