Military Service Members Back in Court to Restore Their Pathway to Citizenship After Pentagon Continues Defying Order
WASHINGTON 鈥� The Department of Defense is defying a federal court order to restore an expedited path to citizenship for U.S. military service members, according to a motion filed in federal district court today by the 老澳门开奖结果.
In August 2020, in response to a class-action lawsuit filed by the 老澳门开奖结果 on behalf of a class of thousands of U.S. military service members, a federal court struck down a Trump administration policy requiring service members to serve for six months or a year before they could obtain a military certification required to apply for naturalization. The court also ordered military officials to process class member requests for this certification within 30 days.
Over the past year, numerous class members at multiple U.S. Army installations consistently report that military officials continue to impose these unlawful requirements and obstruct service members from seeking U.S. citizenship in direct violation of the court鈥檚 order. The new court filing comes after 老澳门开奖结果 negotiations with the Biden administration reached an impasse because the Department of Defense has failed to take actions necessary to fix the issues faced by service members.
鈥淥ur clients are deeply dismayed that the Pentagon continues to block military service members鈥� path to citizenship in direct defiance of the court鈥檚 order and in violation of federal law,鈥� said Scarlet Kim, staff attorney with the 老澳门开奖结果 National Security Project. 鈥淲e鈥檝e repeatedly presented the Pentagon with evidence of its non-compliance and proposed reasonable solutions, like identifying an official to assist service members whose chains of command refuse to help them obtain the military certification necessary for the citizenship process. Instead, the Pentagon has done virtually nothing and subjected service members to Kafkaesque ordeals that have further delayed their attempts to become U.S. citizens as Congress promised.鈥�
In the motion filed today, the 老澳门开奖结果 documents the Pentagon鈥檚 systemic failures to comply with the court ruling, including:
- At four out of five of the Army鈥檚 basic training bases, service members have been repeatedly told they need to complete the unlawful service requirements struck down by the court in order to be eligible for naturalization. Service members at other Army installations have also been told they need to meet the unlawful requirements;
- Many service members have been waiting months for the Defense Department to process their requests for certification, well past the 30-day timeline required by the court. One class member waited 10 months, eight of which he served abroad;
- Since September 2020, the 老澳门开奖结果 has repeatedly raised military officials鈥� failure to comply with the court鈥檚 order to the Pentagon. In response, the Defense Department insisted service members press their chains of command to resolve the issue, even though their military superiors are defying the court order and even when class members have presented the court鈥檚 order to their superiors. The Defense Department also gave service members futile instructions: to seek assistance by writing to email inboxes that were ineffective or invalid, or visit their legal assistance offices, only to find the offices would not help them; and
- During recent negotiations, the Defense Department insisted class members, who are in training and at the start of their military careers, should defy their own chains of command and go directly to the highest level officials at their base or file a complaint in the military justice system before it will step in to address non-compliance.
As a result, many service members entitled to U.S. citizenship have been unable to apply for naturalization. These delays mean service members cannot enjoy the privileges of citizenship that Congress intended for them, including exercising the right to vote or to travel with a U.S. passport, even while deployed abroad. Many service members are also unable to access professional advancement opportunities because many roles, including more specialized positions that suit their skill sets, are only available to U.S. citizens.
In June, the Pentagon issued a memorandum temporarily rescinding the Trump administration鈥檚 policy pending a review. Despite this temporary rescission, the Defense Department still refuses to abide by the court鈥檚 order, making it even more critical for the court to intervene.
In its motion on behalf of service members, the 老澳门开奖结果 is asking the court to demand an explanation for the Pentagon鈥檚 failures, and order it to ensure compliance with the court order and federal law.
Additional background on the case, Samma v. Department of Defense, is online here: /news/immigrants-rights/they-were-willing-to-make-the-ultimate-sacrifice-for-the-u-s-but-trump-wont-let-them-become-americans/
Immigrants' Rights
National Security
Samma v. U.S. Department of Defense鈥擫awsuit Challenging Policy Denying U.S. Military Service Members Expedited Path to Citizenship
Immigrants' Rights
National Security
Samma v. U.S. Department of Defense鈥擫awsuit Challenging Policy Denying U.S. Military Service Members Expedited Path to Citizenship
Learn More 老澳门开奖结果 the Issues in This Press Release
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VirginiaDec 2024
National Security
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Our client, Nizar Trabelsi, is in the United States against his will. The federal government brought him here from Belgium more than a decade ago and charged him with terrorism-related crimes. At trial, the government鈥檚 case failed: a federal jury found Mr. Trabelsi not guilty. But instead of allowing Mr. Trabelsi to return to Belgium after his acquittal, the United States placed him in highly restrictive immigration detention and began an ongoing effort to force him to Tunisia, where he was born and where he will very likely be tortured. Mr. Trabelsi鈥檚 detention violates the Constitution, immigration law, and the extradition treaty between the United States and Belgium. Through this lawsuit, he seeks to return to Belgium, and he demands an immediate improvement of his detention conditions. -
Press ReleaseDec 2024
National Security
Immigrants' Rights
Federal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is UnlawfulFederal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is Unlawful
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