In the past few years thousands of people have applied for Citizenship or Green Cards, gone through to their interviews, and then heard nothing from the U.S. Citizenship and Immigration Services (USCIS). The USCIS has refused even to reject these applications, which would give those affected the right to appeal the decision. Unsurprisingly, many of these applicants are Muslim or are from Muslim-majority countries.
The problem apparently stems from the more stringent background checks put into place following the attacks of September 11, 2001. Before processing a visa or citizenship application, the USCIS must now receive notice from other federal agencies that the applicant has passed a background, or “name,” check. More thorough checks are apparently required for people originating from particular countries. The countries targeted for this enhanced scrutiny are seem to be almost all home to a majority Muslim population.
Before requesting the background checks, the USCIS accepts the application, fingerprints and interviews the applicant. The USCIS then forwards this information to federal agencies including Immigration and Customs Enforcement (ICE), the Federal Bureau of Investigations (FBI), and the Central Intelligence Agency (CIA). Information about the background checks that that ICE, the FBI, the CIA and other agencies perform is mostly secret.
The whole process is extremely bureaucratic, and it is likely that some background checks are being delayed simply because of confusion within and between the agencies. But the USCIS does nothing to attempt to clear up any confusion and expedite the checks. It simply waits passively, while the applicants are in limbo, unsure of their immigration status.
Those affected though, are not without legal recourse. Throughout the country, lawsuits seeking to force the USCIS to issue decisions on pending applications. CAIR-Chicago, working with other advocacy groups, recently filed a class action lawsuit addressing these issues. CAIR-LA is currently working on a similar project in conjunction with the ACLU of Southern California.
These lawsuits are brought on constitutional grounds, alleging discrimination based on religion and national origin, and also as a mandamus suit, saying that in delaying the applications the USCIS is actually breaking the law. Those applying for naturalization have an additional remedy available. A section of the Immigration and Nationality Act allows an applicant for citizenship to request a hearing in front of a federal judge if their application has been pending for more than 120 days. The judge, after hearing evidence from the immigrant and the USCIS, has the power to order the USCIS to issue citizenship. The result of these suits has often, but not always, been successful. Additionally, internal USCIS documents show that they actually expedite the background check of someone who files a lawsuit, which result in the matter being resolved before the case ever goes to trial.
Those affected are encouraged to contact an attorney or local community organization. CAIR-LA is currently gathering information from the local community, and if you or someone you know has had a green card or citizenship application pending for more than 90 days, you should contact them to share this information and hear about your rights. Of course all information given to an attorney or an organization like CAIR will be kept in extreme confidence, and no information about you or your immigration status will be shared with the USCIS or anyone else without your consent.