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Greg Siskind on Immigration Law and Policy

FBI NAME CHECK DELAYS TARGETED IN LAW SUIT

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Tuesday I reported on the good news that the FBI and Department of Homeland Security announced plans to expedite the processing of name check clearances. Today, the ACLU, National Immigration Law Center and other groups filed a law suit seeking the enforcement of a section of immigration law imposing a 120 day limit on name checks for naturalization applicants. This will surely keep up the pressure on DHS to keep its word. As Ronald Reagan said, "trust, but verify." It's good that DHS seems serious about speeding things up. But we've heard that many, many times before over the years.

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  1. USC's Avatar
    Courtesy of BIB Daily:

    Bring! It! On!:

    http://www.nbc11.com/news/14764402/detail.html

    These lawyers deserve our Thanks!
  2. Sunil Joshi's Avatar
    This lawsuit for Namechecks does not include greencard applicants. Greg what do you suggest greencard applicants should do so that ACLU includes greencard applicants too.
    As a lawyer and advocate of our cause, can you contact the ACLU lawyers about t?
  3. Greg Siskind's Avatar
    Hi Sunil - I think the decision to limit the suit to naturalizations was tied to the fact that the statute has a 120 day limit whereas the same limit does not exist in green card cases. So I think public relations, lobbying and individual mandamus cases are going to be the strategy there.
  4. Legal_Immigrant's Avatar
    So, name check is to enhance national security. But the applicants are here for several years waiting for the namecheck to clear . Isn't it a compromise of security that the namecheck is taking that long ? Or if it is that "those cases are not a national security threat, so it is not our (govt's ) priority to clear those cases fast" , then give the applicant the immigration benefit and then cancel it if something critical comes up, whenever the FBI completes the check ( in its sweet time ). Is this tough to do ? What is so complex in this ?
  5. juan's Avatar
    I think to make this possible we need to have a better structure in our process not only a writ of mandamus(lawsuit) but also to make sure that all americans know about this issue because most americans are not awere that for some people it is taking more than 5 years to clear a name check, there is no excuse why the government is taking that long and people need to know about it, and we need to make this more public and consentrate in the agencies that would help us, and also bring the best arguments that we have.
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