
Behind the Naturalization Backlog: Causes, Context, and Concerns
By: Allen E. Kaye
The processing time for naturalization applications has risen
dramatically, from just under seven months to 18 months, as
the federal government has struggled to cope with a surge
in applications driven in part by a substantial fee increase
that took effect on July 30, 2007. The result was pronounced:
More than 460,000 people filed naturalization applicants in
July 2007 – a sevenfold increase over the same period
a year earlier. And, during fiscal year (FY) 2007, nearly
1.4 million naturalization applications were filed, almost
twice as many as during the previous year.
Data given in February to the Migration Policy Institute
by the US Citizenship and Immigration Services (USCIS) press
office reflects an even higher monthly application rate dining
spring and summer 2007 than figures previously released by
the agency.
By the end of December 2007, USCIS had nearly 1 million naturalization
cases that were pending adjudication.
Beyond the fee increase for naturalization applications,
government experts and immigrant advocates cite other causes
for the so-called summer surge experienced in 2007: Heightened
interest in the 2008 elections, citizenship campaigns by advocacy
groups, and the charged political climate surrounding the
immigration policy debate.
What is the extent of the backlog, and what caused it? Using
the updated data obtained from USCIS, this fact sheet discusses
the causes of the naturalization application backlog, the
scope of the problem, and the concerns that have been raised.
Naturalization, the process of becoming a US citizen, is
often viewed as the final step in enabling immigrants to filly
participate in US civic and political life. Naturalized US
citizens are entitled to nearly all of the same rights and
privileges as native-born US citizens, including eligibility
for US passports and US consular protection abroad, opportunities
for federal jobs, and the right to vote in federal elections.
With the 2008 elections on the horizon, and a highly polarized
political atmosphere surrounding the immigration debate, many
immigrants and immigrant advocacy groups now see naturalization
as especially valuable.
In November2007, US Citizenship and Immigration Services
(USCIS) announced that; due to the receipt of an unprecedented
number of naturalization applications during the summer of
2007, the average processing time for naturalization applications
had increased from just under seven months to about 18 months.
This announcement drew harsh criticism from many immigrant
advocates, who maintain that USCIS should have foreseen the
increase in applications and better prepared for it. The new
waiting time will prevent most applicants who filed after
June 2007 from gaining US citizenship in time to register
and vote in November.
Increase in Applications
in 2007
Throughout fiscal year (FY) 2007, USCIS received significantly
more applications for naturalization than in prior fiscal
years. In FY 2007, USCIS received 1,383,275 applications for
naturalization, nearly twice as many applications as during
FY 2006 (730,642), and 2.2 times the number received during
FY 2005 (602,972) (see Figure 1 )•2 In addition, for
each month in FY 2007, USCIS received a larger number of naturalization
applications than it had received during the same month a
year earlier. The exceptions to this trend were August and
September 2007, the months immediately following the USCIS
fee increase for naturalization applications.
Both USCIS experts and immigrant advocates have stated that
the overall increase in naturalization applications during
FY 2007 was caused by a combination of factors. These factors
include:
1. Citizenship Campaigns.
Beginning in 2005, a number of immigrant advocacy groups across
the country launched citizenship campaigns to mobilize immigrants
to naturalize. Through initiatives like the Illinois Coalition
for Immigrant and Refugee Rights’ (ICIRR) New Americans
Initiative and the National Association of Latino Elected
and Appointed Officials’ (NALEO) Ya Es Hora: Ciudadantal
(Citizenship: It’s tine!) campaign, community volunteers,
immigrant advocates, and pro bono attorneys helped immigrants
fill out naturalization forms and prepare for citizenship
tests. Both advocates and the media have stated that these
citizenship campaigns were partially responsible for the increased
number of naturalization applications that USCIS received
in 2006 and 2007.
2. Charged Political Climate
of the Immigration Debate. Immigrant advocates
have noted that the heated and often divisive debates over
immigration reform and illegal immigration in 2006 and 2007
may have motivated increased numbers of permanent residents
to become US citizens. In addition, USCIS experts and immigrant
advocates believe immigrants perceive the upcoming election
to be especially important because immigration reform is in
play, encouraging unusually large numbers of permanent residents
to seek naturalization in 2006 and 2007 in order to vote in
November 2008.
3. Summer Surge Prior to
Fee Increase. Most significantly, in January
2007, USCIS proposed (and eventually adopted) a comprehensive
fee-increase schedule that substantially increased the cost
for filing naturalization applications, beginning July 30,
2007. Under the new fee schedule, the cost for naturalization
(N-400) applications rose 80 percent, from $330 to $595. In
testimony before Congress and in the final rule announcing
the price hike, USCIS Director Emilio Gonzalez stated that
the increase was necessary because USCIS operates as a fee-based
agency. Since 1988, USCIS’ predecessor agency, the Immigration
and Naturalization Service (INS), and now USCIS has been authorized
to fund immigration benefit adjudications through fees, although
the agency also has received some direct appropriations of
federal revenue.
Immediately prior to the fee increase, USCIS naturalization
receipts increased dramatically. In testimony before the House
Judiciary Subcommittee on Immigration, Citizenship, Refugees,
Border Security and International Law on January 17, 2008,
Gonzalez testified that the agency received 400,000 naturalization
applications in July 2007, and that the agency was not prepared
for this “350 percent increase in one month.”
The receipt of applications in July 2007 was even greater
than the figures Gonzalez cited, according to updated 2007
data that USCIS provided to MPI.
Migration Policy Institute
The latest figures show that USCIS received more than 460,000
applications for naturalization in July 2007 — a roughly
650 percent increase over the number of applications the agency
received in July 2006.
The updated month-by-month data further highlight the extent
to which naturalization application receipts jumped just prior
to the fee increase:
• In April 2007, USCIS received 113,399 applications
for naturalization, 71.72 percent more applications than the
agency received during April 2006 (66,039).
In July 2007, the month immediately prior to the fee increase,
USCIS received 460,294 applications for naturalization —
more than 7 times the number of naturalization applications
the agency received in July 2006 (61,665). In fact, USd5 received
one-third of the total number of naturalization applications
it received throughout FY 2007 during the month of July 2007
alone.
The Backlog
By the end of December 2007, nearly 1 million naturalization
cases were pending.’° Gonzalez testified that there
were a number of reasons for the agency’s inability to
cope with the increased number of naturalization applications
it received, including insufficient staff to process the volume
of applications and an outdated paper-based processing system.”
In addition, the Federal Bureau of Investigation (FBI) name-check
process, which is required for US citizenship applicants, can
significantly delay application processing times. Unlike other
name and background checks Usd5 requires (for example, Interagency
Border Inspection Systems (IBIS) name checks and Automated Biometric
Identification System (IDENT) name checks), FBI name checks
can take weeks or months as manual reviews of FBI files are
sometimes required.’2 As of May 2007, USCIS reported that
the agency had 329,160 FBI name- check cases pending.’3
This number includes naturalization cases as well as cases for
other types of immigration benefits.
In an effort to reduce its backlog of immigration benefits cases
generally, USCIS announced in February 2008 that it would begin
granting permanent residence to certain applicants whose
cases were otherwise complete, but who had been awaiting FBI
clearance for more than six months.’ The agency has stated,
however, that it will not be introducing a similar rule for
citizenship applications.’
Efforts to Reduce the Backlog
In response to the naturalization backlog, USCIS added additional
shifts for its employees and detailed existing staff to service
centers that had a greater workload.’6 In January 2008,
the agency also announced plans to hire nearly 1,800 additional
employees, and received permission from the federal Office of
Personnel Management to rehire retired USCIS employees as well
as retired INS employees.’
Criticism and USCIS Response
Immigrant advocacy organizations have criticized USCIS for not
properly anticipating and preparing for the spike in applications
during the summer of 2007.18 Gonzalez has maintained that, while
USCIS anticipated some increase in naturalization applications,
the agency could not have anticipated the extent of the summer
surge. Gonzalez testified that, historically, the agency has
seen an increase in naturalization application receipts prior
to fee increases and presidential elections as well as during
prior congressional immigration debates.’9 However, Gonzalez
said, “None of the past increases compare to the magnitude
of the surge we experienced this summer.”20 Between 2000
and 2006, for example, USCIS raised the fee for naturalization
applications twice. Neither fee increase resulted in a rise
in naturalization receipts that was nearly as large as that
of the summer of 2007.
Several members of Congress, as well as immigrant advocates,
have also pointed out that when USCIS first announced the fee
increase, the agency promised that higher revenue would lead
to decreased processing times for naturalization applications.
For example, when Gonzalez testified before Congress requesting
the new fee schedule, he stated that it would reduce processing
times for all immigration benefits, including naturalization.
This claim was restated in the USCIS5 press release announcing
the new fee schedule, which said that, following the fee increase,
USCIS would be able to reduce processing times for naturalization
cases by 20 percent by the end of FY 2009.
We would like to thank Migration Policy Institute for allowing
us to use this article.
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