Posted on Thu, Jan. 31, 2008
U.S. judge blasts immigration officials for citizenship delays
MARYCLAIRE DALE
The Associated Press
PHILADELPHIA - A federal judge criticized U.S. officials for taking years to process citizenship applications from legal permanent residents.
The judge , clearly frustrated by the number of Green Card holders filing suit to trigger action on their citizenship , questioned the priorities of U.S. immigration officials.
The delays typically stem from the government's insistence on a third FBI "name check" , which the applicants by then have undergone twice before, when they sought visas and Green Cards. In a small fraction of the cases, the name checks bog down, leaving applicants on hold indefinitely.
"One looking at this issue from a national security perspective could seriously question the priorities adopted" by the U.S. Citizenship and Immigration Services, U.S. District Judge Michael M. Baylson wrote in a Jan. 25 order that consolidates six cases.
Baylson said he saw no evidence the applicants posed any security threats. But if there were any doubts, their applications should be expedited, not stalled, he said.
If so, "these individuals should instead be placed in custody as quickly as possible, have their (legal permanent residency) status revoked, and be deported, forthwith," the judge wrote. "Delaying their citizenship status does not eliminate the danger they may pose to our country; indeed, as LPRs, they can remain here indefinitely."
Spokesman Chris Bentley of the citizenship office, part of the Department of Homeland Security, said the agency does not comment on pending cases. The judge asked both sides to file briefs on the issue by Friday.
The applicants include Victor Mocanu of Philadelphia, a Romanian immigrant in his late 50s who applied for U.S. citizenship in March 2004.
"These cases are flooding the U.S. courts across the country. The judges resent them because they're taking their very valuable time to solve a problem that shouldn't exist," said lawyer James J. Orlow, who represents Mocanu and other would-be citizens.
One client has been waiting four years for the citizenship he needs to bring his wife and children to the United States, Orlow said. Others need U.S. citizenship to pursue professional licenses or other goals, he said.
Baylson heard testimony earlier this month from Donald Neufeld, an operations official at the U.S. citizenship agency, and others. In his memo, Baylson asked why the government did not consolidate court cases over naturalization delays so as not to duplicate its legal efforts. The cases rarely involve factual disputes, he said.
His order, issued Wednesday, bars the government from taking any action on five of the cases , the other may prove moot , through at least Feb. 8. Baylson also offered his help in settling the suits.