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| Muslim Citizenship Applicants in Legal Limbo | February 21, 2008 |
| On February 19, fourteen (14) legal permanent residents from Tampa and Orlando filed a lawsuit in federal court in Orlando challenging the unusually lengthy delays in adjudicating their naturalization applications. Eleven (11) green card holders filed similar federal lawsuits in Miami in December. Although federal law requires a decision within 120 days of the naturalization interview, these Plaintiffs have been waiting for more than a year – and some more than two, three or even four years – since successfully completing the citizenship interview. Some Plaintiffs obtained residency after winning asylum; others are the only non-citizens in their households. Without citizenship, many of these plaintiffs are separated from family members abroad, and all are unable to vote in the upcoming Presidential election. “These lawfully residing Muslim applicants have done all that’s been asked of them,” Cheryl Little, director of Florida Immigrant Advocacy Center (FIAC) said. “They’ve followed all of this country’s rules to achieve the most prized of benefits – U.S. citizenship, yet they remain in legal limbo.” Altaf Ali, Miami director of the Council on American-Islamic Relations added, “The delay in obtaining their citizenship has made many in the Muslim community feel stigmatized, targeted and isolated.” Although these Plaintiffs have been law-abiding members of their communities for years, they have been told that their applications are delayed due to background or “name checks” required for all applicants by Citizenship and Immigration Services (CIS). The CIS Ombudsman has acknowledged, however, that FBI name checks are not needed because of any threat or risk perceived by the FBI, and that “name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.” Plaintiff Arshad Mahmood, a real estate agent residing in North Miami Beach, applied for citizenship in 2002 and has waited more than five years for an answer in his case. Meanwhile, Mr. Mahmood has been separated from his wife and daughter, who reside in Pakistan. Mr. Mahmood tried every avenue for help, including writing to his Congressman and Senators, and even to President Bush. In January 2008, after our lawsuit was filed on his behalf, Mr. Mahmood finally received word that he has been scheduled to take his citizenship oath in March. “This delayed citizenship process almost destroyed my marriage,” Mahmood told his attorneys. “While I am waiting in U S A for my oath, my wife and daughter are waiting overseas.” | |