|
|
|
|
SUBSCRIBE The leading Copyright |
< Go back to Immigration Daily
[Congressional Record: October 10, 2000 (House)]
[Page H9545-H9548]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr10oc00-78]
DISABLED IMMIGRANT NATURALIZATION OATH WAIVER
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 4838) to amend the Immigration and Nationality Act to
provide a waiver of the oath of renunciation and allegiance for
naturalization of aliens having certain disabilities, as amended.
The Clerk read as follows:
H.R. 4838
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. WAIVER OF OATH OF RENUNCIATION AND ALLEGIANCE FOR
NATURALIZATION OF ALIENS HAVING CERTAIN
DISABILITIES.
(a) In General.--Section 337(a) of the Immigration and
Nationality Act (8 U.S.C. 1448(a)) is amended by adding at
the end the following:
``The Attorney General may waive the taking of the oath by a
person if in the opinion of the Attorney General the person
is unable to understand, or to communicate an understanding
of, its meaning because of a physical or developmental
disability or mental impairment. If the Attorney General
waives the taking of the oath by a person under the preceding
sentence, the person shall be considered to have met the
requirements of section 316(a)(3) with respect to attachment
to the principles of the Constitution and well disposition to
the good order and happiness of the United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to persons applying for naturalization before,
on, or after the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Smith) and the gentlewoman from Texas (Ms. Jackson-Lee) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas (Mr. Smith).
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I thank the gentlewoman from Florida (Ms. Ros-Lehtinen)
for introducing this bill, and I appreciate the effort she put into it
to get to the point it is in today.
Mr. Speaker, H.R. 4838 permits the Attorney General to waive the
taking of the oath of allegiance by a naturalization applicant if, in
the opinion of the Attorney General, the applicant is unable to
understand or to communicate an understanding of the oath's meaning
because of a physical or developmental disability or mental impairment.
Mr. Speaker, some disabled, lawful permanent resident aliens have
been unable to overcome obstructions at various stages in the
naturalization process because of their disabilities. The Immigration
and Nationality Act permits the Attorney General to waive the taking of
the oath by a child if the child is unable to understand its meaning.
Yet, some of those disabled individuals who were granted a medical
[[Page H9546]]
waiver for the English, history and government exams due to their
physical or developmental disability or mental impairment also cannot
communicate an understanding of the oath of renunciation. This bill
provides the necessary waiver.
Like the preexisting oath waiver for children, this bill permits
disabled applicants who cannot understand the oath or cannot
communicate an understanding of the oath to overcome this last
obstruction to becoming a United States citizen.
This bill will apply to persons applying for naturalization before,
on, or after the date of enactment of this act.
Disabled naturalization applicants who have in the past been denied
naturalization because they could not understand or communicate an
understanding of the meaning of the oath may reopen their
naturalization applications and continue the process of becoming
American citizens.
I appreciate the willingness of the gentlewoman from Florida (Ms.
Ros-Lehtinen) to agree to the technical corrections found in this
suspension version of H.R. 4838. I also appreciate her dedication to
this deserving group of aspiring citizens.
Mr. Speaker, I urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, before I begin my remarks, I would like to add a special
note of tribute and sadness to the loss of the gentleman from Minnesota
(Mr. Vento).
In particular, I want to acknowledge the work that he did with our
subcommittee on the Hmong Naturalization Act, which gave relief to
Laotian veterans who fought during the Vietnam War. We have waived
their citizenship requirements, and the bill passed in the House and
Senate. The gentleman from Minnesota was a great leader on these
issues, and we thank him very much for the service he gave. His loss
will be very much experienced by all of us.
Mr. Speaker, I rise in support of the bill of the gentlewoman from
Florida (Ms. Ros-Lehtinen), H.R. 4838. This bill would provide a waiver
of the oath of renunciation and allegiance for naturalization in the
case of certain people who are incapable of understanding such an oath.
The oath of allegiance is the last step in the naturalization process.
I thank the chairman for seeing this bill through the process and
working in a bipartisan manner.
Mr. Speaker, this bill signifies the fact that the person is
renouncing allegiance to the country he or she is already a citizen of
and declaring allegiance to the United States. It is a meaningless
requirement in the case of a person who cannot understand such an oath,
and it is causing great harm to many people.
Naturalization applicants are required to demonstrate their ability
to take a meaningful oath of allegiance to the United States. Perhaps
the potential unfairness of this requirement can be seen most clearly
in the case of Alzheimer's victims. Remember, many of these individuals
are elderly, and may have waited a long period of time to receive this
precious right of citizenship in the United States.
As a country, we have decided to provide medical benefits to our
citizens. Alzheimer's victims who have been lawful, permanent residents
for decades are in desperate need of these benefits, and they would be
entitled to them as U.S. citizens, but for the fact that the
Alzheimer's disease is preventing them to take an oath of allegiance.
This truly is a catch-22 situation. The very disease that creates the
need for medical services is preventing them from receiving the
services.
This does not just apply to victims of Alzheimer's disease, it
applies to many elderly people in our society who have lived in the
United States as lawful, productive members of our society for many
years and now desperately need medical assistance.
I have three constituents I want to tell Members about, a man and a
woman and their 17-year-old child who has a mental impairment. The man
and woman have applied for naturalization, and we have every reason to
expect their applications to be granted. The problem is that their
child will age out of eligibility for derivative citizenship when she
turns 18 at the end of the year. She would then have to apply for
naturalization on her own, which would require an oath of allegiance.
The child will lose derivative citizenship because INS cannot process
a naturalization application for her parents in a reasonable amount of
time. The average processing time for a naturalization application is
more than 20 months. Because she is not competent to take an oath of
allegiance, she will not be able to pursue a naturalization application
on her own when she is 18 years old and has aged out of eligibility for
derivative status.
This is terribly unfair. This is dividing and destroying a family. I
enthusiastically urge members to support H.R. 4838, and thank my
colleague, the gentlewoman from Florida (Ms. Ros-Lehtinen),
enthusiastically for her work.
Mr. Speaker, I rise in support of Representative Ros-Lehtinen's bill,
H.R. 4838. This bill would provide a waiver of the oath of renunciation
and allegiance for naturalization in the case of certain people who are
incapable of understanding such an oath. The oath of allegiance is the
last step in the naturalization process.
It signifies the fact that the person is renouncing allegiance to the
country he or she is already a citizen of and declaring allegiance to
the United States. It is a meaningless requirement in the case of a
person who cannot understand such an oath, and it is causing great harm
to many people.
Naturalization applications are required to demonstrate their ability
to take a ``meaningful oath'' of allegiance to the United States.
Perhaps the potential unfairness of this requirement can be seen most
clearly in the case of Alzheimer's victims. As a country, we have
decided to provide medical benefits to our citizens. Alzheimer victims
who have been lawful permanent residents for decades are in desperate
need of these medical benefits, and they would be entitled to them as
U.S. citizens but for the fact that Alzheimer's disease is preventing
them from taking an oath of allegiance. This is truly a ``catch 22''
situation. The very disease that creates the need for medical services
is preventing them from receiving the services.
This doesn't just apply to victims of Alzheimer's disease. It applies
to many elderly people in our society who have lived in the United
States as lawful, productive members of our society for many years, and
new desperately need medical assistance.
I have three constituents I want to tell you about, a man and a woman
and their 17-year-old child who has a mental impairment. The man and
the woman have applied for naturalization, and we have every reason to
expect their applications to be granted. The problem is that their
child will age-out of eligibility for derivative citizenship when she
turns 18 at the end of the year. She will then have to apply for
naturalization on her own, which will require an oath of allegiance.
The child will lose derivative citizenship because INS cannot process
the naturalization applications of her parents in a reasonable amount
of time.
The average processing time for a naturalization application is more
than 20 months. And, because she is not competent to take an oath of
allegiance, she won't be able to pursue a naturalization application on
her own when she is 18 years old and has aged out of eligibility for
derivative status. This is terribly unfair.
I urge Members to support H.R. 4838.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield such time as she may consume
to the gentlewoman from Florida (Ms. Ros-Lehtinen), the author of the
bill.
Ms. ROS-LEHTINEN. Mr. Speaker, I thank the chairman for yielding time
to me.
Mr. Speaker, the United States is the world's greatest economic
power. We sustain one of the world's highest standards of living that
is more diversified than any other on Earth.
As a naturalized citizen, I know that the United States is the
greatest country in the world, which is why it is not surprising that
every year thousands of people from all over the world wish to be part
of our great Nation.
But it is not necessarily the economic prosperity found here in our
country that brings people here, because what naturalized Americans
cherish most are the basic freedoms of life, liberty, and the pursuit
of happiness.
As with many of my constituents, I know firsthand what it means and
what it takes to become an American citizen. It is an emotional moment
[[Page H9547]]
when one declares to the world that this is their new land and this is
indeed where they belong. So many people struggle with distance,
language, and culture to come to a moment where they pledge the oath of
allegiance, that this is their new countries, the United States of
America.
At each naturalization ceremony, new Americans amplify a commitment
that they have made in their hearts. As I was, they are reminded not
only of America's promise, but of the responsibilities that they will
proudly bear.
The U.S. has historically offered opportunities to all people,
regardless of race, ethnicity, or religion. However, immigration law
has not yet considered a small group of individuals with cognitive
disabilities. In fact, a small fraction, only .1 percent, of soon-to-be
Americans cannot complete the naturalization process because of a
handicap that renders them ineffective in communicating an
understanding of the naturalization oath.
These individuals are not exempt from fulfilling requirements of
naturalization such as being of good moral character and of residency
here in the United States. They must still fulfill those
responsibilities. But these severely disabled individuals pose no
threat to American society. Yet, they should be entitled to the same
responsibilities and opportunities that we as Americans all share.
My legislation will enable individuals suffering from advanced
Alzheimer's, from Downs syndrome, and from autism to waive the oath of
allegiance in order to become United States citizens.
The United States is the greatest success story of the modern world.
So in a Nation such as ours, disability should not hinder a person from
achieving one of the loftiest goals, that of becoming a United States
citizen.
In our country, persons with disabilities who are given opportunities
have never let us down. Waiving the oath for .1 percent of
neurologically-impaired persons will help fulfill the American dream
for many new American families.
{time} 1630
It will affirm the generous nature of the American spirit, and it
will boast of America's compassionate character. I urge my colleagues
to vote for passage of my legislation. It will ensure that equality is
meant for all persons regardless of their disabilities. And I thank the
gentleman from Texas (Mr. Smith) again for his time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I reserve the balance of my
time.
Mr. SMITH of Texas. Mr. Speaker, I yield 3 minutes to the gentleman
from California (Mr. Cox), the chairman of the Committee on House
Policy.
Mr. COX. Mr. Speaker, I thank the gentleman from Texas (Chairman
Smith) and the gentlewoman from Florida (Ms. Ros-Lehtinen) for their
leadership on this legislation, which is so strongly needed in the
interests of justice. Everyone is moved by stories of people who work
hard and play by the rules. That is certainly the case for one of my
constituents who, for 6 years, has been working hard to become legally
a citizen of the United States.
Mr. Speaker, unfortunately, when the system of justice does not work,
it is heartbreaking for those involved. In the case of Vijai Rajan, who
is 25 years old, she has lived in this country her entire life, since
she was 4 months old. Both of her parents are naturalized U.S.
citizens. Her sister was born in Cincinnati. The Rajan family wanted
Vijai also to become a citizen, but you see, Vijai is in a wheelchair.
She requires 24-hour-a-day care. She has cerebral palsy, muscular
dystrophy, Crohn's disease, and suffers from seizures.
She communicates by sounds and by signs that she understands, and the
only expressions are those that she feels. Of course, Vijai could not
raise her hand and take the oath of citizenship. But the INS, the
Immigration and Naturalization Service, where her family applied for
her some 6 years ago has run them through the bureaucratic mill for
years.
They contacted my office after having twice filed for citizenship,
after having had her in her wheelchair even down to the INS office. She
had been working for 4 years with the INS at that point; and not until
later, not until the very end, did the INS tell them, even though they
had met the other requirements, that she could not become a citizen in
any event, because she could not raise her hand and say the oath.
The INS regs already allow an exemption from the English language for
people who wish to become citizens. They allow for people with
disabilities an exemption from the American history requirement. And a
recent court case recently held that a man with Down's Syndrome who
could not recite the oath could still be granted citizenship.
But in the case of Vijai Rajan, the INS pressed on, litigated, tried
to do everything possible to prevent this woman and her family from
letting her become a citizen.
Today with the passage of H.R. 4838, Congress will clearly state that
the Attorney General has the authority to waive the oath requirement
for people with disabilities. This legislation also sends a strong
signal that long delays in bureaucratic impediments are not the
greeting that this great Nation will extend to its new citizens. I
thank the Rajan family for never losing hope.
It sometimes takes an act of Congress to write a wrong. Vijai may not
be able to comprehend the full extent of her legacy, but I know that
passing this legislation will bring great comfort to all of her family
and friends and all other immigrants who dream of becoming United
States citizens. I thank my colleagues for their leadership in bringing
this important legislation to the floor.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I reserve the balance of my
time.
Mr. SMITH of Texas. Mr. Speaker, I yield 2 minutes to the gentlewoman
from Maryland (Mrs. Morella), my colleague and classmate.
Mrs. MORELLA. Mr. Speaker, I thank the gentleman from Texas (Mr.
Smith), my classmate, for yielding the time to me, for his leadership
on this committee and on this subcommittee.
I very much appreciate having this bill come on the floor. I want to
certainly thank the author of the bill, the gentlewoman from Florida
(Ms. Ros-Lehtinen), because this is something that is so humane and
does help so many people who are so deserving of citizenship.
It will allow the Attorney General to waive the oath requirements for
nationalization, if the applicant is an individual with a physical or
mental disability or mental impairment, who because of such disability
is unable to understand or communicate an understanding of the meaning
of the oath.
We all have examples. Let me just try one out. Gustavo Galvez-Letona,
a 27-year-old native Guatemalan with Down's Syndrome, arrived in the
United States when he was 10 years old. INS waived the English and
civics tests for him but refused to waive the oath; thus he is the only
member of his family who is not yet naturalized.
A Federal district court granted his petition for naturalization,
recognizing that since INS has statutory authority to waive the oath
for children, the oath is not an essential eligibility requirement. The
court ordered INS to naturalize Mr. Galvez-Letona, stating that because
of his severe mental disability, he is no different than a child who is
unable to understand the oath and attachment requirements.
The Department of Justice has appealed the court's decision.
By passing this bill, which will waive the oath of renunciation and
allegiance for naturalization for individuals with cognitive
disabilities, or children who are unable to understand the meaning of
the oath, we will enable thousands of families across our country who
are living with autism, Down's Syndrome, Alzheimer's and other
neurological disorders to realize American citizenship.
It is historically a part of our great country to be an inclusive
Nation and provide opportunities for all, so I salute all who are
involved in this legislation.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I urge my colleagues to support this humanitarian bill.
Mr. Speaker, not knowing whether I will appear as a manager of a bill
again, let me thank the Committee on the Judiciary staff for their
leadership and outstanding service, and particularly those of the
subcommittee that
[[Page H9548]]
are here: George Fishman, Lora Reis, Kelly Dixon, Leon Buck, and Nolan
Rappaport.
Mr. DIAZ-BALART. Mr. Speaker, I rise today in strong support for the
critically-needed legislation introduced by my colleague, Ms. Ros-
Lehtinen (H.R. 4838).
This legislation would remove an onerous obstacle for those persons
with disabilities who are legal permanent residents, but because of
their disabilities, are foreclosed from obtaining citizenship because
they cannot recite the naturalization oath.
This legislation gives the Attorney General the authority to waive
the oath of renunciation and allegiance for naturalization for
individuals with cognitive disabilities, or children who are unable to
understand the meaning of the oath. Accordingly, this legislation will
enable thousands of families in our nation who have loved ones with
autism, down syndrome, Alzheimer's and other neurological disorders to
realize American citizenship for their loved ones. It will also give
them peace of mind in that their loved ones will be able to attain
citizenship and thereby secure the benefits and security accorded to
United States citizens. This legislation will also enable disabled
people the opportunity, as citizens, to develop their abilities so that
they can be the most productive citizens they possibly can be.
Mr. Speaker, I am proud to be a cosponsor of this worthwhile
legislation and I applaud my colleagues Ileana Ros-Lehtinen and
Subcommittee Chairman Lamar Smith for advancing it to the House
suspension calendar for a vote today.
Mr. SHAYS. Mr. Speaker, I rise in strong support of H.R. 4838, which
would permit the Attorney General to waive the oath of renunciation and
allegiance in instances when the applicant for naturalization is an
individual with a severe disability who is unable to understand or
communicate an understanding of the meaning of the oath. This
legislation is important to families in Connecticut and across this
country.
I want to thank Congresswoman Ileana Ros-Lehtinen for introducing
this legislation and Chairman Lamar Smith for working with our offices
to bring it to the floor. I also want to thank Connecticut's senior
senator, Christopher Dodd, for his work on this legislation in the
Senate.
Under current law, the Attorney General has the authority to waive
for disabled applicants the English and civics tests required for
naturalization. It makes little sense that the Attorney General has the
discretion to waive these tests but is prohibited from waiving the oath
of renunciation and allegiance required of these same disabled
applicants.
The result is that despite the fulfillment of all other requirements
for naturalization, certain disabled individuals are unable to ever
become citizens. These instances are rare, but they have terrible
implications for the affected families. For example, it is possible
under current law for an entire family to be naturalized with the
exception of one disabled family member--who then could face possible
deportation.
The main purpose of the oath requirement is to prevent the
naturalization of people who are hostile to the United States
Government or the principles of the Constitution. Waiving this
requirement for people with severe disabilities does nothing to defeat
this purpose or threaten our national security because these
individuals lack the capacity to understand the oath and, therefore,
cannot form the intent to act against our government.
Furthermore, individuals with disabilities who receive a waiver would
still have to fulfill other requirements of naturalization, including
good moral character and residency.
The legislation we are considering today poses no danger and
manifests our nation's compassion--a characteristic too often missing
from our immigration policy. I urge my colleagues to support its
passage.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield back the balance of my
time.
Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Gibbons). The question is on the motion
offered by the gentleman from Texas (Mr. Smith) that the House suspend
the rules and pass the bill, H.R. 4838, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that the
Committee on the Judiciary be discharged from the further consideration
of the Senate bill (S. 2812) to amend the Immigration and Nationality
Act to provide a waiver of the oath of renunciation and allegiance for
naturalization of aliens having certain disabilities, and ask for its
immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
Ms. JACKSON-LEE of Texas. Mr. Speaker, reserving the right to object,
I yield to the gentleman from Texas (Mr. Smith) for an explanation.
Mr. SMITH of Texas. Mr. Speaker, let me explain that the purpose of
the request is to amend the companion Senate bill and send it back to
the Senate with the text of H.R. 4838 which the House has just passed.
Ms. JACKSON-LEE of Texas. Reclaiming my time, I thank the gentleman
for his response.
Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
The Clerk read the Senate bill, as follows:
S. 2812
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. WAIVER OF OATH OF RENUNCIATION AND ALLEGIANCE FOR
NATURALIZATION OF ALIENS HAVING CERTAIN
DISABILITIES.
(a) In General.--The last sentence of section 337(a) of the
Immigration and Nationality Act (8 U.S.C. 1448(a)) is amended
to read as follows: ``The Attorney General may waive the
taking of the oath if in the opinion of the Attorney General
the applicant for naturalization is an individual with a
disability, or a child, who is unable to understand or
communicate an understanding of the meaning of the oath. If
the Attorney General waives the oath for such an individual,
the individual shall be considered to have met the
requirements of section 316(a)(3) as to attachment to the
Constitution and well disposition to the United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to individuals who applied for naturalization
before, on, or after the date of enactment of this Act.
Motion Offered by Mr. Smith of Texas
Mr. SMITH of Texas. Mr. Speaker, I offer a motion.
The Clerk read, as follows:
Mr. Smith of Texas moves to strike out all after the
enacting clause of S. 2812 and in lieu thereof insert the
text of H.R. 4838 as passed by the House.
The motion was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.
A similar House bill (H.R. 4838) was laid on the table.
____________________
 Share this page | Bookmark this page | Print this page |  Add to del.icio.us
The leading immigration law publisher - over 50000 pages of free information!
© Copyright 1995-2008 American Immigration LLC, ILW.COM |