There's a new barrier for immigrants who want to be US citizens
Published in News & Features
A new barrier for the legal adjustment of immigrants arrives under the Trump administration, this time affecting applications for U.S. citizenship.
United States Citizenship and Immigration Services, or USCIS, will resume an investigation practice it hasn't applied for decades, based on the opinion of neighbors of foreigners residing in the country.
The measure was published in a USCIS memorandum that came to light on Tuesday, although it is dated Aug. 22, and emphasizes the "discretionary" nature of the policy, which reviews subjective criteria like contributions to the "happiness" of the U.S.
Opinions of neighbors and coworkers
USCIS will take into account not only the opinions of neighbors but also those of coworkers of immigrants when determining their "good moral character" to grant them immigration benefits.
In this way, the federal agency intends to reinforce personal investigations of foreigners applying for U.S. citizenship.
CBS was the first to report on the new USCIS measure, which is based on section 335(a) of the Immigration and Nationality Act (INA) to veto applications for citizenship.
The neighborhood checks of immigrants would lead to possible interviews by USCIS officials with the applicants' neighbors and coworkers.
Until now, applicants for U.S. citizenship through the naturalization process must have lived in the country for three to five years as legal permanent residents, in addition to having no serious criminal record and passing a civics and English test.
But the additional USCIS requirements inject a political turn into the decisions by resuming a practice that the agency had ceased to perform in 1991, according to official records.
New technologies allow for quick verification of current requirements, such as criminal background checks. However, the change aims to strengthen the agency's discretionary verifications in line with the tightening of immigration policies under the Trump administration.
“The objective of the INA 335(a) investigation is to corroborate the eligibility of a foreigner for naturalization, which includes scrutinizing their residence, their good moral character, their attachment to the U.S. Constitution, and their disposition to the good order and happiness of the United States,” states USCIS in its memorandum.
It also indicates that the agency “may waive the requirement at its discretion for individual cases or certain cases.”
Origin of neighborhood checks
According to the USCIS document, between 1802 and 1981, "applicants for naturalization had to present two witnesses who could attest to their qualifications for citizenship."
In 1981, Congress decided to eliminate the witness requirement, determining then that the applicant's "moral" character could be better verified through an investigation that included the neighborhood, if necessary.
A decade later, the former Immigration and Naturalization Service officially ceased conducting neighborhood investigations. Nonetheless, USCIS now considers it appropriate to return to neighborhood investigations, which would include at least the five-year period prior to the immigrant's naturalization application.
In this way, the agency ceases “immediately the general waiver of neighborhood investigations to fully ensure that foreigners applying for naturalization meet the legal requirements, including, but not limited to, full adherence to the principles of the U.S. Constitution and a good disposition towards the good order and happiness of the United States.”
Consequences of the measure
USCIS can now request additional information from the foreign national seeking naturalization to support its final decision on neighborhood verifications, such as testimonial letters from neighbors, employers, coworkers and business partners who know the immigrant and can provide substantiated information about them.
“The fact that a foreign national does not present or refuses to present such evidence may lead to a neighborhood investigation which may affect the foreign national's ability to demonstrate their eligibility for naturalization,” clarifies USCIS.
In a statement cited by Politico, USCIS Director Joseph Edlow maintains that “the incorporation of neighborhood checks will contribute to improving these investigations required by law to ensure that we comply with the intent of Congress.”
Edlow was nominated by Donald Trump to assume the direction of the federal agency, which was finalized in July, with the promise of a “new era” for USCIS, whose role is crucial for the legal adjustment of immigrants in the U.S.
Since then, USCIS has announced several changes regarding its immigration benefits policies, affecting naturalization applications, but also for permanent residence and other status adjustments.
“Naturalizing as a U.S. citizen means being an active and responsible member of society, rather than just having the right to live and work in the U.S.,” states a previous memorandum from the agency.
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