Congressional Hearing on Naturalization Delays
Posted Feb 01, 2008
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A congressional hearing took place January 17, 2008, the subject of which was Naturalization Delays: Causes, Consequences and Solutions. Held before the U.S. House of Representatives Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, the list of witnesses included: Emilio T. Gonzalez, Director U.S. Citizenship and Immigration Services (USCIS); Arturo Vargas, Executive Director of National Association of Latino Elected and Appointed Officials (NALEO) Educational Fund; Fred Tsao, Policy Director of Illinois Coalition for Immigrant and Refugee Rights (ICIRR); and Rosemary Jenks, Director of Government Relations of Numbers USA. While all of the panel participants agreed that the USCIS is experiencing significant delays in adjudicating naturalization applications, their views on possible causes and solutions varied. Following is a short summary of the opinions expressed in the testimonies provided by noteworthy witnesses.
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USCIS on Causes and Solutions of N-400 Delays - Testimony of Director Gonzalez
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Mr. Emilio T. Gonzalez, Director of USCIS, testified before members of the Subcommittee that the average processing time for naturalization applications has increased from seven months or less to approximately 18 months. While acknowledging the problem of the increased waiting time, Mr. Gonzalez did not address any additional problems that have plagued the USCIS adjudication process that also apply to naturalization applications. Specifically, there was no mention of the FBI name check delays that have stalled many applicants' cases for several years. Based on the situation, as presented by Mr. Gonzalez, the USCIS case-processing delays have their origin almost exclusively in the unprecedented surge of filings made in the summer of 2007 alone. Having established this as a primary cause for the delays, Mr. Gonzalez spoke in general terms about longer processing times, not just with regard to naturalization applications, but to all other applications and petitions that the USCIS has to process. As Mr. Gonzalez indicated, the USCIS plans to hire more adjudication officers and ask existing staff to work overtime to shorten the adjudication and receipting process. The USCIS also will make improvements to technological processes and equipment.
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Testimony of Other Experts Reveals N-400 Delays as Complex Problem
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While other panelists agreed with the general proposition that the USCIS is experiencing problems, they looked much deeper into the cause of delays in naturalization and in other adjudication in general. Mr. Vargas of NALEO Educational Fund, for example, pointed out that "the demand for naturalization assistance has persisted even after the late-July 2007 fee increase" that prompted many applicants to apply while the old fees were in effect. Some applicants also decided to apply for naturalization because of the USCIS proposed regulation that would require all "green card" holders (lawful permanent residents) with cards that do not bear an expiration date to apply for new cards by a specified deadline. Mr. Vargas also acknowledged "lengthy and unfair delays," caused by FBI failure to complete background checks. He criticized the USCIS for failing to provide a system to shorten processing times "soon enough."
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Mr. Fred Tsao, of the ICIRR, joined Mr. Vargas in addressing the "name-check limbo." He expressed his hope that the USCIS and the FBI will spend the $20 million in funds provided to these agencies in this year's omnibus appropriations bill to address the name check delays.
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Ms. Rosemary Jenks, of Numbers USA (a restrictionist group), criticized the USCIS for its "streamlining efforts" in the past. She predicted that, if the USCIS hired more people in a short period of time, it would be "approving applications at break-neck speed," jeopardizing the system's integrity and security.
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Conclusion
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MurthyDotCom and MurthyBulletin readers will recall earlier articles on the naturalization and FBI name check delays, including DHS Indicates It Will Expedite FBI Name Checks (Dec 7, 2007). Delays in the processing of naturalization applications affect people in many ways. This interferes with an individual's ability to participate fully in the civic life of American society, such as the presidential elections slated for November 2008. The latest Congressional hearing is a positive development, showing our legislators' intent to address the problem of naturalization delays. Further developments will be reported to MurthyDotCom and MurthyBulletin readers, as they become available.