Immigration Laws: April, 1995 - Number #2

The number of immigrants electing to become naturalized US citizens jumped 75 percent in the first four months of 1995. In FY94, some 558,139 applications were filed. In the first quarter of FY95 (October-December 1994), some 234,000 applications for naturalization were filed, almost a million-a-year pace. The Los Angeles INS district has been receiving 1,500 or more naturalization applications every day in 1995, double the number in 1994--about half of California's naturalization applicants are believed to be in the Los Angeles area.

According to the INS, an average 235,000 naturalization petitions were filed in the late 1980s, and a similar number of aliens became naturalized US citizens. Petitions and naturalizations rose in the early 1990s: there were 342,00 petitions filed in 1992, and 240,000 persons naturalized, and 522,000 petitions filed in FY93, when 315,000 persons naturalized.

There are several reasons for the upsurge in naturalizations. First, the number of aliens eligible for naturalization is peaking, as those legalized in 1987-88 become eligible. Second, Congress is debating measures to make non-US citizens ineligible for many welfare benefits--many commentators asserted that the upsurge in naturalization applications represented a backlash against Congressional Republican attempts to deny benefits to non-citizens. According to the Department of Health and Human Services, some 2.2 million legal immigrants would lose benefits if the Republican plan is approved. Some assert that a high percentage of persons naturalized tend to vote in the first election after they receive voting rights, which would be 1996 for persons naturalized in 1995.

Third, the INS is requiring the estimated one million aliens who arrived before 1979 to replace by March 20, 1995 their I-551 Alien Identification or green cards--between 1946 and 1964, the card was green. The new I-551, which costs $75, has a photo, fingerprint and signature--a naturalization application costs $95, only $20 more.

There are more than 10 million immigrants in the US eligible to become US citizens, and the INS has proposed a simplification of the rules under which aliens can become naturalized US citizens.

Under current procedures, an alien 18 or older must be a permanent US resident for at least five years, with no absences of more than a year, and pass an English and civics test. Aliens married to US citizens can become naturalized US citizens after three years.

Aliens wishing to become naturalized US citizens must complete a four-page application form (N-400), be fingerprinted, and pay a fee of $95; they must also be persons "of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States."

They are then scheduled to be interviewed and tested by an INS official for their knowledge of English and US government--applicants are asked five to ten of 100 questions on US history and government. Aliens 50 and older with 20 years US residence, or 55 and older with 15 years residence, are offered a simplified English test.

Most naturalization applicants take about 50 hours of instruction in English and civics in classes organized by schools, churches, unions, and Community-Based Organizations (CBOs). CBOs and community colleges are already permitted to certify an alien's knowledge of English.

The INS is considering a proposal to let CBOs certify an applicant's knowledge of civics to reduce backlogs that have lengthened the wait between petitioning for naturalization and the interview-test to six months or more. Some CBOs believe the US government should subsidize their teaching and testing of immigrants.

Most Mexican and Canadian immigrants who are eligible to become naturalized US citizens do not do so for fear of losing legal and emotional links to Mexico. Mexican citizens lose their Mexican citizenship when they become US citizens, and many Mexican immigrants falsely fear that loss of Mexican citizenship might threaten their property rights in Mexico. Mexico recently changed its citizenship laws to permit Mexican citizens to reclaim Mexican citizenship if they wish. Some are pushing for both the US and Mexico to adopt dual citizenship.

In a settlement of a class-action suit on March 31, 1995, the INS and immigration rights lawyers established new family unity guidelines in immigration law. Under the new standards, immigrants living continuously in the US since May 5, 1988 may return to their home countries for visits without fear that their naturalization applications will be denied.

The settlement also affects undocumented family members of persons legalized during the 1980s amnesty programs. Under the family unity provision, qualified undocumented immigrants who arrived two years before the cut-off date of May 5, 1988, can receive renewable work authorization and protection from deportation while their naturalization cases are considered.

In a related development, a federal judge in California dismissed an INS effort to close the door on an estimated 300,000 illegal aliens who assert that they failed to apply for legalization in 1987-88 because of an INS rule that, to be eligible, illegal aliens had to live in the US CONTINUOUSLY since January 1, 1982. The INS rule was later modified to permit "brief, casual, and innocent" absences from the US but, on January 30, 1995, the INS announced that it would no longer accept applications from illegal aliens who claim that they were discouraged from applying for legalization.

The lawsuit, now in its ninth year, seeks to force the INS to permit eligible "discouraged aliens" from applying for legalization. Hundreds of applications continue to be filed each month in Los Angeles and New York.

Marcos Breton, "INS alters policy that split immigrant families," Sacramento Bee, April 1, 1995, A1.
Marcos, Breton, "Citizen Applications bury State," Sacramento Bee, March 30, 1995, A1.
Clemence Fiagome, "Immigrants Rush to Gain Citizenship," Christian Science Monitor, March 22, 1995.
Marcos Breton, "Citizenship applications swamp INS," Sacramento Bee, March 22, 1995, A1.
Elizabeth Shorgren and Mike Clary, "INS Offices See a Run on Citizenship," Los Angeles Times, March 21, 1995, A1.
Lena H. Sun, "Area Immigrants Rush to Become Citizens," What Washington Post, March 20, 1995, A1.
Denny Walsh, "Immigrants seeking amnesty win right to continue battle," Sacramento Bee, March 19, 1995, A8; USA Today, March 7, 1995.
Laura Keeton, "More Legal Aliens are Seeking Citizenship to Keep Benefits," Wall Street Journal, March 6, 1995, B1;
Frank Trejo, "Mexican immigrants lobby for dual citizenship," Dallas Morning News, February 27, 1995.