Loophole lets immigrants sue for citizenship
Some applicants proceed without FBI checks, documents show
By Sara A. Carter, Staff Writer
A loophole in the U.S. immigration system is allowing some citizenship applicants to go forward in the naturalization process and receive immigration benefits without complete FBI criminal background checks, according to government documents obtained by the Daily Bulletin.
Applicants for citizenship through the California Service Processing Center in Laguna Niguel frequently are being interviewed for citizenship prior to immigration officials receiving the FBI checks, according to a U.S. Citizenship and Immigration Services document. Under federal immigration law, USCIS must receive the FBI check prior to the interview.
If the interview happens first, applicants can sue for immigration benefits if 120 days pass and the agency has not made decisions on their applications. Immigration benefits include citizenship, asylum, lawful permanent residency, employment authorization, refugee status, family and employment-related immigration and foreign student authorization.
Nearly 1.5 million people last year could have sued for immigrant benefits via the loophole, according to information provided by the agency. USCIS processed 7.5 million applications for benefits in 2005 and granted them to about 6.5 million people. The number of applicants who actually sued for benefits was not available through USCIS, its parent agency, the Department of Homeland Security, or through the Department of Justice.
The number of those granted benefits who might also be public safety threats is anyone's guess, said Rosemary Jenks, an attorney representing Michael Maxwell, former director of the Office of Security and Investigations, a branch of USCIS.
If FBI background check information is not available by the time a citizenship lawsuit comes before an immigration court, benefits often are granted because the government didn't follow its own rules, Jenks said.
"It means the wrong people are getting the wrong benefits at the wrong time," said Maxwell, who testified before Congress recently about immigration procedure issues. "U.S. Citizenship and Immigration Services is violating their own laws and opening a doorway for potential terrorists and criminals to enter the country."
End of the quote
These are the same people who approved the visa of mastermind terrorist Mohamad Atta few months after Sep 11. They took their time processing his application and finally find the man very clean. Now they are jumping up and down and making grandios qoutes like that. If they really think there are some terrorist among the the tens of thousands applicants stuck in name check then here is the question: what are you waiting for. Just holding a terrorist in name check does not make the US safer, it actually gives the terrorist time to plan and carry out whatever vicious act he/she is planning. I am just shocked by the shamelessness of these people bragging with big mouths about the security issues like they are doing something about it.
--------------------------------------------------------------------------------
Last edited by ICU Doc : 19th September 2006 at 05:26 PM.