The U.S. Constitution gives Congress enumerated
powers.
This includes the exclusive power over naturalization.
“Naturalization”
is a fancy word for a legal process that allows a foreign national to become a U.S.
citizen.
Congress makes up the rules for naturalization—for
example, be 18 year old and above; live continuously in the U.S. for five
years, with legal status to do so; pass a Constitution test; be able to read,
write, and speak English; and be a person of good moral character.
The president is delegated the
responsibility of applying these standards.
A pending lawsuit shows that
President George W. Bush established a “detour” in the process, a hidden
program called CARRP— Controlled Application Review and Resolution Program, or
CARRP.
Little is known about it.
It is covert.
It began in 2008.
It adds a “national security” layer
to good moral character.
Apparently, the Bush administration
used it judiciously—no complaints were filed.
It continued with President Obama.
But under President Trump, a large number of Muslims who easily meet the criteria have had their naturalization process delayed far beyond normal parameters—and for no apparent reason.
But under President Trump, a large number of Muslims who easily meet the criteria have had their naturalization process delayed far beyond normal parameters—and for no apparent reason.
A class action lawsuit has been
filed. The main legal argument is that President Bush (and by extension,
President Trump) are— pardon the pun— trumping congressional criteria by adding
a new layer.
That is a usurpation of the Congress’s
power to set rules for naturalization. The fact that Congress was never told
about it indicates that the executive branch realizes it is unconstitutional.
Recently, Muslim (and a few other)
plaintiffs were certified as a class and allowed to proceed with their lawsuit.
Now, they want information on the criteria, the people who run the program, and how CARRP decisions are made.
Now, they want information on the criteria, the people who run the program, and how CARRP decisions are made.
After four different rulings a district
court judge has very sternly ordered the Trump administration to comply with
the court’s orders to share information with the plaintiff class.
The court said: "The Court has repeatedly explained to the Government that orders from the federal bench are mandatory, not voluntary. The executive branch does not stand alone in the federal system; the Government may not usurp the judicial branch and decide for itself when or if it will produce documents. The Court has no patience for Defendants' apparent disregard for the discovery process and for its attorneys' inappropriate actions in furthering and participating in such behavior."
What does this mean?
The Trump administration appears to be impeding Muslims from acquiring citizenship because they have Muslim sounding last names or other indicators of being Muslim.
The court said: "The Court has repeatedly explained to the Government that orders from the federal bench are mandatory, not voluntary. The executive branch does not stand alone in the federal system; the Government may not usurp the judicial branch and decide for itself when or if it will produce documents. The Court has no patience for Defendants' apparent disregard for the discovery process and for its attorneys' inappropriate actions in furthering and participating in such behavior."
What does this mean?
The Trump administration appears to be impeding Muslims from acquiring citizenship because they have Muslim sounding last names or other indicators of being Muslim.
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