Am I missing something here?
http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_06-06_Nov05.pdf
Additionally, USCIS has been pursuing regulatory and statutory options to
expand authority to withhold adjudication and to deny benefits due to national
security concerns. USCIS described the suggested statutory change as
providing the legal basis “to deny any benefit to aliens described in any of the
national security related provisions of inadmissibility or deportability in the
Immigration and Nationality Act (INA), who are the subject of a pending
investigation or case that is material to eligibility for a benefit, or for whom
law enforcement checks have not been conducted and resolved
http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_06-06_Nov05.pdf