Suspended citizenship ceremonies over COVID-19 spark concern for New Mexico elections
LAS CRUCES - Over the past decade, an average of 720,000 immigrants have been naturalized each year, according to data from the U.S. Department of Homeland Security.
In New Mexico, naturalizations peaked at nearly 3,600 in fiscal year 2018, the latest year for which data are available.
This spring, however, U.S. Citizenship and Immigration Services has suspended naturalization ceremonies "through at least June 3," and ceremonies that had been scheduled at federal courts in New Mexico in April and May have been canceled.
That means green card holders residing in New Mexico — after going through the entire process and waiting to take their oath of allegiance to become citizens — are unsure when they can complete the process.
It also means they can't vote in New Mexico's primary elections on June 2.
Angélica Trochet, 56, an immigrant from Ciudad Juárez now living in Hobbs, held permanent resident status for seventeen years before completing the citizenship process.
She was to take her oath of citizenship at a ceremony scheduled in March, but was notified shortly before the date that the ceremony was canceled.
That put the final step in her citizenship process on hold indefinitely.
"There are job implications, education implications, there are benefits issues. ... It touches a huge portion of your ability to plan your life," U.S. Sen. Martin Heinrich, D-N.M., told the Sun-News.
Suspensions attributed to COVID-19
USCIS said the suspensions are due to the COVID-19 public health emergency.
“To protect our workforce and to help mitigate the spread of coronavirus in our communities, U.S. Citizenship and Immigration Services extended the temporary suspension of most in-person services with applicants at our offices, including all interviews and naturalization ceremonies through at least June 3," a spokesperson for USCIS told the Sun-News. "This includes field offices, asylum offices and application support centers. Mission-essential services that do not require in-person contact with the public remain ongoing. In certain limited circumstances, USCIS may conduct small naturalization ceremonies, both administrative and judicial, where proper precautions can occur prior to June 3.”
The ceremonies typically involve large gatherings of more than 100 people becoming citizens and witnesses, USCIS and congressional staff plus civic organizations.
DHS regulations require the applicants to appear in person in a public ceremony, and the department has not allowed for the oath to be administered virtually or in a manner consistent with precautions pertinent to the COVID-19 pandemic.
Yet federal statute allows the U.S. Attorney General to set rules and procedures to ensure the ceremonies "are public, conducted frequently and at regular intervals, and are in keeping with the dignity of the occasion."
The law also permits expedited oath administration ceremonies for applicants under "special circumstances of a compelling or humanitarian nature."
"There is nothing preventing them from planning ceremonies that incorporate all of the safeguards that we're utilizing in other government services right now," Heinrich argued.
According to information provided by a USCIS spokesperson, 85 smaller ceremonies are set to take place at 12 field offices during May through June 4, including 13 in Phoenix, but Heinrich said the agency had not provided that information to his staff nor given any indication when ceremonies might resume in New Mexico.
Worries for 2020 elections
Trochet said she felt "sad and disappointed" about not being able to vote in the primaries, and called the obstacle unfair. She added that she worries whether she will be able to vote in the November general elections.
Heinrich said he is concerned about that, too.
"To my knowledge, certainly not in my lifetime is there a precedent for this," Heinrich said of the suspensions. "Because we can't get straight answers, I am beginning to worry that they intend to do this through the election — that this is not a COVID issue. This is beginning to feel like an anti-immigration issue."
While the Trump Administration continues to push for a rapid reopening of businesses and social activity across the country despite the COVID-19 emergency, DHS cited the public health threat as the basis for extending travel restrictions between the United States, Canada and Mexico.
Meanwhile, the line of immigrants waiting to be sworn in as American citizens is lengthening as the suspensions continue. In New Mexico, Heinrich said his staff had fielded many complaints by people concerned they would be disenfranchised in the 2020 elections.
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The next ceremonies at New Mexico courts had been set for July, October and December, but Heinrich said he had not gotten any guarantee from the administration that the ceremonies would proceed.
"Save for our Native American brothers and sisters, all of our families went through this at some point," Heinrich said, "and I think it's incredibly disrespectful to the American experience to be playing politics with legal, constitutionally important naturalization ceremonies."
Rubio joins call for ceremonies
On Thursday, Heinrich co-authored a letter with U.S. Sen. Marco Rubio, R-Fla., calling on acting Homeland Security Director Ken Cuccinelli to allow the oaths to be administered remotely.
"America's remarkable spirit is rooted in our diversity, history, and culture, which has always been enriched by our immigrant communities," the senators wrote, urging Cuccinelli "to ensure eligible applicants have an opportunity to participate in U.S. Citizenship Oath of Allegiance Ceremonies to become and are able to continue to contribute to our great country."
