Good News on Mandamus Lawsuits for Delayed Naturalization Applicants  Posted May 09, 2008
©MurthyDotCom
In response to ongoing delays by the United States Citizenship and Immigration Services (USCIS) on N-400 Citizenship / Naturalization cases, a class action lawsuit was filed on behalf of all permanent residents residing in the area served by the USCIS New York District office for those applicants whose naturalization cases were delayed beyond six months. This lawsuit was filed by two public interest groups and a private law firm. This case is captioned Virginia Milanes v. Michael Chertoff and was filed with the U.S. District Court for the Southern District of New York. The estimated class size, as set out in court documents, may exceed 100,000 naturalization applicants.
©MurthyDotCom
Federal Lawsuits Correct Delayed Naturalizations
©MurthyDotCom
As regular readers of MurthyDotCom and the MurthyBulletin will recall from our April 11, 2008 article, Mandamus Lawsuits Remain Effective in Immigration Cases, federal lawsuits have been used to resolve background-check delays that can last for several years. Although the U.S. Department of Homeland Security (DHS) has set a goal for clearing the name-check backlog and making the process more efficient, it is unlikely that this initiative will help those who wish to naturalize to participate in the upcoming presidential elections in November 2008. The plaintiffs include many individuals who have been waiting years - as many as six years in a few instances - for their naturalization cases to be processed.
©MurthyDotCom
Voting Key Issue
©MurthyDotCom
The lawsuit claims that the class of applicants will be irreparably harmed because, without citizenship, they will be denied the right to vote in the November 2008 presidential elections due to unreasonable government delays in processing their naturalization cases. As regular MurthyDotCom and MurthyBulletin readers know, there is emphasis on the role of immigration policy in the election, and the desire of the plaintiffs to voice their opinions on these issues.
©MurthyDotCom
Other Class Action Lawsuits on Religious Grounds by Widows and FOIA Delays
©MurthyDotCom
As reported in our March 7, 2008 article, New Developments in Mandamus Lawsuits, a similar case in Florida was filed by Muslim plaintiffs alleging that the delay in processing their naturalization applications was due to their religious faith. Additional lawsuits have challenged the USCIS on the denial of immigrant benefits to foreign national widows of U.S. citizens, in the case of Carolyn Robb Hootkins, et al v. Michael Chertoff, et al, and USCIS responses to Freedom of Information Act requests in the case of Hajro v. USCIS.
©MurthyDotCom
Judge Orders Production of Relevant Documents
©MurthyDotCom
The federal judge in the Milanes case ordered the government to produce important documents that may be needed to resolve the case before the general elections. Federal law requires the USCIS to process naturalization applications within a reasonable time, and contains a 120-day deadline for a USCIS decision after the naturalization interview, which, in many cases, is not happening due to pending FBI background checks and other issues.
©MurthyDotCom
Conclusion
©MurthyDotCom
Although the federal judge’s decision in this case is a victory for those who have been waiting many years for their citizenship, it is still an initial step towards resolving the delays caused by the name-check system. There may be a hearing in this class action suit early this summer. The Murthy Law Firm will continue to provide updates on mandamus issues and efforts to address naturalization and other case processing delays.