Eliseo Medina Testimony on Naturalization Backlog Before House Judiciary Subcommittee

SEIU Lays Out Measures Needed
to Reduce USCIS Naturalization Backlog before
House Judiciary Subcommittee

January 17, 2008 at 10:00 a.m. EST

Testimony of Eliseo Medina, Executive Vice President
Service Employees International Union (SEIU)

The Service Employees International Union (SEIU), on behalf of its more than 1.9 million members, thanks the U.S House of Representatives Subcommittee on Citizenship, Refugees, Border Security and International Law for holding this hearing.  The United States Citizenship and Immigration Services (USCIS) processing backlog is of great concern to SEIU's membership and SEIU takes great interest in the department's overall need for restructuring to meet our country's real immigration and naturalization processing demands. 

SEIU is the fastest-growing union in North America.  Focused on uniting workers in three sectors to improve their lives and the services they provide, SEIU is the largest healthcare union, representing workers in hospitals, nursing homes, and home care; the largest property services union, with workers who provide building maintenance, cleaning services and security; and the second largest public employee union.

SEIU is also the nation's largest union of immigrants.  Our diverse membership includes honest and hard-working people from all over the world who have come to the United States just as generations have done: in the hopes of securing the American Dream for their family.  Many have struggled and sacrificed and studied and saved all with the goal of coming to America, working hard, and becoming citizens of this great nation.  It is through their experience that SEIU  understands first-hand the value of U.S. citizenship and the important role our government must play in helping to integrate hard-working, legal permanent immigrants into the U.S. mainstream.

A Surge in 2007 Applications
Citizenship programs are a critical part of SEIU member service programs as we work to provide our immigrant members with more opportunities, a greater sense of belonging, and full rights to participate in U.S. civic life.

The 1199SEIU Citizenship Program, for example, has served more than 7,000 people in the process of naturalization and related benefits.  The program averages more than 1,000 member participants each year. Applicants are offered free legal assistance and educational support-including assistance with application preparation and support reviewing and filing forms N-400, N-600, I-90, N-565, N-648, AR-11 and FOIAs. Similar programs are managed by other

Since January, 2007, SEIU has participated in the national citizenship campaign, ya es hora !ciudadania! (Citizenship! It's time).  This unprecedented partnership between major Spanish language media Univision, Entravision, and ImpreMedia, and more than 400 local unions and community-based organizations, has helped contribute to the record increase in U.S. citizenship application submitted in 2007.

The ya es hora citizenship campaign also helped hundreds of thousands of eligible immigrants apply for citizenship before the July 30 fee hike increased the cost from $450 to $675. As a result of the citizenship drives and public service announcement leading up to the fee increase, USCIS received approximately 700,000 applications from June 1 through July 30, 2007-more than the total number received in 2006.

These citizenship programs, fueled by the rancorous tone of this past spring's immigration debate and the exorbitant July 30 application fee increase, have all contributed to the reported 1.4 million citizenship applications received by the USCIS from January through December, 2007.   This number nearly doubles the total number of applications received in 2006, and surpasses annual totals received over the past decade.

The USCIS Naturalization Backlog and "Front Log"
Unfortunately, long processing delays at USCIS are now threatening to prevent thousands of 2007 applicants from naturalizing in time to participate in the November elections. 

By the count of SEIU Healthcare East, more than 500 of their applicants are trapped in the backlog.  Many have waited long past Congress-directed policy of six months for USCIS to process their applications (8 U.S.C. 1571b), and some of these applicants have not even received verification that their application has been received.

National numbers reflect similar problems. Of the estimated 1.4 million naturalization applications received from January through December, 2007, only 659, 237 have been approved, compared to 702,663 in fiscal year 2006.   Thousands more are currently stuck in the "front log", which means that their applications sit in unopened storage carriers and have not yet been entered into the system.  And, according to public announcements made by USCIS in late November, an estimated 600,000 more await a 16-18 month processing backlog, which will prevent them from participating in 2008 Elections. 

A Need for Fundamental Overhaul
SEIU feels strongly that these processing delays could have been anticipated and prevented. Today's processing "front log"and backlog are examples of the kind of poor planning, miscalculation, and understaffing that have plagued this Department since its inception in 2001-and in its previous incarnation as the Immigration and Naturalization Services (INS). USCIS management has known for a long time about its funding limitations, staffing shortages, and inadequate services, yet it has repeatedly failed to address these problems.

As the debate over undocumented immigration in this country intensifies, there has never been a more important time to shore up the services that we provide to those legal permanent residents who have played by the rules-waited patiently in line, paid their taxes, and contributed greatly to their local communities.  We believe that just as easily as today's processing delays could have been prevented, they can also be fixed.

Steps to Eliminate the Backlog and Improve USCIS Services

FBI Clearances:  According to the 2007 Citizenship and Immigration Services Ombudsman Report, name checks "significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended security objectives."    All applicants for citizenship and individuals applying for jobs at USCIS are required to go through a name check and FBI fingerprint and IBIS (criminal background) checks. 

There are currently at least 300,000 citizenship applications awaiting an FBI name check.  Of these, two-thirds have been held up over 90 days and one-third for over one year. Under USCIS policy, no citizenship interviews are scheduled until after the FBI check is complete.  As long as the FBI check creates a bottleneck in the processing of applications, devoting additional resources to processing applications will not eliminate the backlog. 

We believe that the name check requirement was not lawfully implemented under the Administrative Procedures Act because the agency failed to conduct notice and comment before name checks were implemented as part of the process.   We fail to see why the name checks, which are not required by statute, are necessary in addition to the FBI fingerprinting and criminal background checks, which are statutorily required.  The fingerprint and criminal background checks take a short time to complete.  With name checks, FBI records are scoured not just for suspected criminals but for any match.  Thus, a victim of or witness to a crime, or even someone with the same name, are equally likely to turn up in a name check, resulting in a delay. 

The name check is not necessary for national security.  And if it were necessary, there would be even more reason to expedite the process since the people who are being checked are already in the United States and free to move around the country.  However, we believe that name checks in addition to fingerprinting and criminal background checks serve no national security purpose.  Since the name check policy was implemented, we are not aware of any evidence that suggests that name checks have identified a single person who has committed a crime that the fingerprint and/or criminal background checks missed. 

 Therefore, SEIU believes that the requirement of a name check (which is not required by IRCA) should be eliminated and that this would greatly help in clearing the backlog of citizenship applications.  If the name check is retained, then the FBI should be given additional resources so that it can quickly complete the name checks.

Additional Adjudicators:  USCIS has opened an additional 1,500 positions and intends to open up an additional 300 to 1000 positions to meet current staffing shortages. However, the hiring process takes time and all new workers need to be trained. There are additional steps that could be taken to generate additional worker resources for expediting the processing of applications:

 Annuitants: SEIU applauds USCIS's recent announcement that they will hire 704 retirees, 469 of whom are adjudicators.   To be of any value before the November elections, this hiring back of retirees will have to move quickly.

 Internal Recruitment:  USCIS currently hires immigration officers only from outside candidates.  This requires more time for recruitment, job interviews, reference checks and training.  The American Federation of Government Employees (AFGE) says that there are people in lower job classifications who could be promoted to the position of Adjudicator and who are already familiar with the citizenship adjudication process. If USCIS prepared an intensive training to help current USCIS employees become adjudicators, it would increase staff resources in a short period of time.

 Overtime:  The existing staff could be given the opportunity to work overtime on a voluntary basis.  If workers could telecommute for their overtime, this would increase the number of current Adjudicators who would want to work overtime.  The agency has been budgeted for so much overtime per year and so many telecommuting hours.  USCIS could use their year's allotment in the first half of the year and/or they could be given an additional allotment for overtime and telecommuting hours by either DHS or a special appropriation from Congress.

 Temporary Transfers:  Other federal workers from within DHS (such as asylum officers) or other federal workers could be transferred to work temporarily in the USCIS service centers. 

 More Efficient Use of Current Staff:  Some administrative tasks currently performed by Adjudicators (e.g. administering civics test, asking routine questions on the N-400) could be performed by clerical staff, thereby freeing up the Adjudicators to handle more cases.  There are a number of "term"employees who could be made permanent employees.

 Expedite Hiring and Training of New Adjudicators:  Currently this process, including the necessary background checks, can take more than six months. The agency must work with the FBI and the Federal hiring recruitment offices to expedite the hiring and training of new Adjudicators.

Space:  USCIS claims that it needs more space to conduct interviews with applicants.  Presumably, as the agency staffs up, this will become a greater problem.  The agency could use space in other public buildings, including state and local buildings, to do these interviews.  However, to do this under current legislation and DHS policy, they have to follow the cumbersome "gift acceptance"rules. 
 USCIS should temporarily resolve part of the space problem by scheduling a second shift outside of normal working hours.
 USCIS should allow workers to telecommute in order to open up more space in the existing USCIS offices for interviews.
 Finally, Congress should simplify "gift acceptance"rules to expedite the process of borrowing federal and local government buildings to conduct interviews. 

Additional Money for USCIS and the FBI:  SEIU believes strongly that USCIS should not be funded solely by application fees, but should receive additional money appropriated by Congress. Indeed, in 2000, Congress directed that backlogs in citizenship applications must be eliminated, and Congress appropriated whatever funds were necessary to do that (8 U.S.C. 1573.)  The services performed by USCIS and the FBI offer a public benefit to the entire nation-especially within the context of a post 9/11 world. Individuals eligible to naturalize are lawful permanent residents working and paying taxes.  They already contribute to the United States economy, share the same tax responsibilities as Untied States citizens, and already pay their share for the operation of government services. 

If we continue the current budgeting fee structure, citizenship will become an impossible goal for millions of eligible immigrants. It will create additional societal divisions and block efforts to integrate new Americans-a policy that the current administration has identified as a major priority.

Many of the aforementioned proposals would require additional funds for USCIS. Likewise, the FBI may need additional funds to speed up its name checks. Neither cost should be shouldered solely on the backs of the hard working immigrants who apply. The governmental function of bestowing citizenship is extremely important to the country as a whole and should not be dependent solely on fee revenue. 

• Congress should initiate a supplemental appropriation to provide additional funds to the USCIS and the FBI for the purpose of eliminating the unacceptable backlog in applications. 

Conclusion
Today's hearing seeks to ensure that the gatekeepers to granting U.S. citizenship-one of the most highly prized honors in the world-receive the proper direction, resources, and oversight necessary to do their jobs well.

This past year's historic surge in citizenship applications should be seen as a victory for all Americans.  It's this kind of patriotism exhibited by new Americans and commitment to our shared civic responsibilities that help our country to thrive. As such, we should not allow this success to be clouded by misguided priorities, federal mismanagement, or a failure of leadership.
Our country should be building bridges, not walls, to integration into mainstream U.S. civic life. And, as we approach one of the most important election seasons in our country's recent history, it would be a shame if bureaucratic negligence and the Department of Homeland Security's poor planning prevented the hundreds of thousands of 2007 citizenship applicants from voting in 2008.

On behalf of SEIU's 1.9 million members and the millions of eligible U.S. immigrants who have played by the rules and waited patiently for their chance to naturalize, we urge this body to act quickly to restore order and efficiency to USCIS. We need to hold USCIS accountable so that it provides cutting-edge service at a fair cost.  And we need to fix this "front log"and backlog so that everyone has an opportunity to reach the dream of U.S. citizenship and participate in our civic process in 2008.

(Note: please contact Ali Jost, ali.jost@seiu.org, for testimony that includes all footnotes.)