NEW
YORK CITY (By Julia Preston, NYTimes)
March 7,
March 7, 2008
A lawsuit filed Thursday in a
federal court in New York by
Hispanic immigrants seeks to force
immigration authorities to complete
hundreds of thousands of stalled
naturalization petitions in time for
the new citizens to vote in
November.
The
class-action suit was brought by the
Puerto Rican Legal Defense and
Education Fund on behalf of legal
Hispanic immigrants in the New York
City area who are eager to vote and
have been waiting for years for the
federal Citizenship and Immigration
Services agency to finish their
applications. The suit demands that
the agency meet a nationwide
deadline of Sept. 22 to complete any
naturalization petitions filed by
March 26.
Hispanic groups hope to summon the
clout of the federal courts to
compel the Bush administration to
reduce a backlog of citizenship
applications that swelled last year.
According to the Migration Policy
Institute, a nonpartisan research
group in Washington, more than one
million citizenship petitions were
backed up in the pipeline by the end
of December, the majority from
Hispanic immigrants.
Despite protests over the delays
from lawmakers, Hispanic groups and
immigrant advocates, the immigration
agency is currently projecting wait
times of 16 months to 18 months to
process the petitions.
The reality is that large numbers
of Hispanics will not be able to
vote in the elections because of
these delays, said Cesar A. Perales,
president of the defense fund. Now
the world will know that the
Hispanic community expects the Bush
administration to get this done on
time.
Christopher S. Bentley, a spokesman
for Citizenship and Immigration
Services, said he could not comment
on pending litigation.
Our commitment is to work through
the naturalization applications as
quickly as we can without
compromising the security and
integrity of the process, Mr.
Bentley said.
The
lawsuit, filed in the Southern
District of New York, asserts that
the agency violated immigrants due
process rights by routinely failing
to finish their applications within
a 180-day time period that Congress
has set as a standard. It also
asserts that the Bush administration
did not follow regulatory procedures
in November 2002 when it ordered the
Federal Bureau of Investigation to
deepen its background checks of
citizenship applicants.
Foster Maer, a lawyer for the
defense fund, said it would soon
file motions asking the court to
order the agency immediately to meet
the September deadline, which is
intended to leave new citizens time
to register to vote.
Manuel Martinez, 35, a legal
immigrant from Mexico who is a
plaintiff in the suit, filed his
petition in January 2006. It has
been delayed because the F.B.I. has
not completed the required
background check, he said. He said
he suspected the problem was that he
has a common Hispanic name.
I
want to be a citizen yesterday, not
tomorrow, said Mr. Martinez, who
has lived in the United States since
2090. I am really worried about the
economy, and the deficit is too
much. I need to vote.
A
fee increase, raising naturalization
costs 80 percent to $595, went into
effect on July 30. Legal immigrants
were also spurred to seek
citizenship by worries about the
divisive debate over immigration and
by citizenship campaigns by Hispanic
groups.
It
is astonishing the government should
be so unresponsive to immigrants who
have enthusiastically taken all the
steps to become Americans, said
Cesar A. Perales, president of the
defense fund.