INS Denies Citizenship to Disabled Person
Dateline: 04/26/00
An Indian-born Anaheim, CA, woman has been denied citizenship by the Immigration and Naturalization Service because she suffers from severe physical disabilities which prevent her from reciting the required oath of allegiance.
According to an April 25, 2000 CNN report, the 24-year old woman, who has lived in the U.S. since she was 4-months old and both of whose parents are U.S. citizens, suffers from cerebral palsy and other disabilities which prevent her from taking or understanding the oath of allegiance administered to new citizens by the INS. Confined to a wheelchair and under 24-hour care, the woman is unable to raise her hand or recite the oath.
Section 312 of the Immigration and Naturalization Act states, in part, that no person can become naturalized as a citizen of the United States who cannot demonstrate "an understanding of the English language, including an ability to read, write and speak words in ordinary usage in the English language."
The woman's family has filed suite against the INS demanding that the agency grant her American citizenship and claiming that the INS violated federal laws prohibiting discrimination based on a disability. Due to this pending litigation, the INS declined to comment on the case.
Once an application for citizenship has been denied by the INS, only the Congress or a federal court can grant citizenship.
According to CNN, a federal judge in Utah ordered a mentally handicapped man be granted citizenship without taking the oath last year. In another 1999 case, a Hawaii judge upheld the INS rule. Both decisions have been appealed.
Congress rarely overrules the INS in citizenship matters due, in part, to the requirement of unanimous votes in House and Senate committees.
The oath of allegiance provided for by Sec. 337 of the Immigration and Naturalization Act requires the applicant for citizenship to swear under oath to:
(1) to support the Constitution of the United States;
(2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state or sovereignty of whom or which the applicant was before a subject or citizen;
(3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic;
(4) to bear true faith and allegiance to the same; and
(5) to bear arms on behalf of the United States when required by the law, or to perform noncombatant service in the Armed Forces of the United States when required by the law, or to perform work of national importance under civilian direction when required by the law.
Reference Links
Family of disabled woman sues for citizenship, cites discrimination
CNN report from April 25, 2000.
The entire text of the 1952 Act divided into titles, chapters, and sections from the INS Web site.
The ADA prohibits discrimination on the basis of disability in employment, programs and services provided by state and local governments, goods and services provided by private companies, and in commercial facilities. From the U.S. Department of Labor.
Citizenship and the U.S. Exam
An extensive list of resources on the process becoming an American citizen from About.com's expert Guides to Immigration Issues Jennifer and Peter Wipf.
Links to specific resources of the INS and other immigration-related government agencies. From Guides to Immigration Issues Jennifer and Peter Wipf.
Keep up with the latest news about U.S. immigration laws and events with Guides Jennifer and Peter Wipf.
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