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| Would-Be Voters File Class Action Over Citizenship Delays | June 5, 2008 |
| With a presidential election just months away, ten (10) lawful permanent residents from South Florida filed a class action lawsuit in federal court challenging extraordinary delays in adjudicating citizenship applications. Plaintiffs are longtime, tax-paying members of the community who ask nothing more than for an end to the delays so they may finally swear allegiance to this country and exercise the right to vote. Plaintiffs include nationals of Russia, Cuba, Panama, Guyana, Morocco, Pakistan and Bangladesh. Oksana Weaver, a Russian national, works as an academic advisor for a local university. Ms. Weaver’s parents, husband and son are all U.S. citizens; however, she has been waiting for more than 3 years for a decision her application. Luciano Horna, a Panamian national, has worked as a commercial pilot for more than 30 years. His wife and children are U.S. citizens; however, he has been waiting for more than 2 years for a decision his application. Mercedes Gomez, a Cuban national, has also been waiting more than 2 years for a decision on her application. While she waits for her citizenship to be approved, Ms. Gomez, a disabled, single mother, does not qualify for certain public benefits her family desperately needs. Raheel Rangoonwala, a Pakistani national, has been waiting more than 4˝ years for a decision on his case. While he waits, he must endure a prolonged separation from his wife, who remains in Pakistan. All are anxious to vote in the upcoming election. Federal law requires a decision within 120 days of the naturalization interview, but the named Plaintiffs have been waiting nearly 2-4 years for a decision since passing the citizenship interview. The lawsuit is on behalf of all applicants for naturalization residing in South Florida who meet all statutory criteria for citizenship, but have not received a decision for more than 120 days since the interview. Plaintiffs challenge the continuing delays caused by USCIS and FBI as a result of “name checks” that USCIS now requires for citizenship applicants. The “name checks” were rashly implemented in 2002 without providing notice or comment to the public, and are not required or authorized by law. In 2006 and 2007, the USCIS Ombudsman acknowledged that these FBI name checks are not required 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.” In April, USCIS and FBI announced a joint plan to eliminate these delays within months. However, in South Florida the delays persist. There are likely hundreds, if not thousands, of similarly delayed applicants throughout South Florida. | |