A new rule issued by the Immigration and Naturalization Service (INS) March 18 could grant almost 300,000 mentally and physically disabled legal immigrants citizenship without passing English proficiency and civics test. The ruling could bring some relief to counties fearful of the consequences when this population loses their eligibility for welfare benefits this year as dictated by the new welfare reform law.
The INS action comes more than two years after the rule was requested in the Immigration and Nationality Technical Corrections Act passed by Congress in 1994. The timing is coincidental to the welfare law.
The rule grants an exception to any person who is unable to demonstrate an understanding of English or the history, principles and form of U.S. government due to a "medically determinable physical or mental impairment or combination of impairments." All persons seeking this exception must submit a medical certification form from a licensed medical doctor, including psychiatrists, or a licensed clinical psychologist.
According to an article in The Washington Post, approximately 500,000 elderly and disabled will lose eligibility for food stamp vouchers and Supplemental Security Income checks on Aug. 22. Some face a cutoff as early as next month.
As a result, the Post said, noncitizens have been scurrying to apply for citizenship - almost one million are in the pipeline nationwide. However, INS normally takes at least nine months to process applications, and the surge is causing delays.
At a briefing about the ruling, INS officials said the regulation may help some legal immigrants who could lose their eligibility for federal welfare programs, but added that it and the naturalization program in general could not help all vulnerable legal immigrants who may be affected by provisions of the welfare law.
Although the standards have been relaxed, disabled applicants, including Alzheimer's patients, will still be required to take an oath of allegiance to the United States after it is determined that they understand the "nature" of the oath.
"We're asking the INS to take a second look at this," said Nelson Nadeau, Jefferson County, Colo. social services director, who is grateful for the more lenient standards, but is lobbying the INS to exempt severely disabled applicants from the allegiance oath altogether.
Applicants who are "competent and can answer the questions," will keep their benefits, he explained, but added that those with severe conditions, like Alzheimer's disease, "don't have a lucid moment" and "can't comprehend." About a dozen applicants qualify for the exemption in Jefferson County.
Meanwhile, President Clinton's FY98 budget proposes to restore the loss of benefits to legal immigrants who are children or who become disabled after entering the country.
NACo policy reflects the Administration's proposal, but also recommends the creation of a waiver program for those engaged in the naturalization process to continue receiving benefits after the August deadline.
INS is accepting comments about the final rule over the next 60 days, particularly on possible appeal procedures and quality control methods.
(For a copy of the rule and to submit comments, contact: Director,
Policy Directives and Instructions Branch, Immigration and Naturalization
Service, 425 I St., N.W., Room 5307, Washington, DC 20536, phone: 202/514-3291.
Comments should reference INS number 1702-96 on correspondence.)