Remember “neighborhood investigations” for immigrants? USCIS just brought them back! This decades-old policy, discontinued in ’91, is stirring up a lot of questions among legal professionals. What could this mean for those seeking citizenship and the future of immigration vetting?
The landscape surrounding immigration in the United States continues its dynamic evolution, marked by a significant policy shift from the U.S. Citizenship and Immigration Services (USCIS). Last week, the agency announced the reinstatement of “neighborhood investigations,” a method for evaluating an immigrant’s moral character that dates back decades, causing immediate reverberations throughout the immigration legal community.
This particular practice is not new to the USCIS playbook. Neighborhood investigations were a standard procedure in the 1980s, designed to provide a more comprehensive background check for individuals applying for citizenship. However, the method was eventually discontinued in 1991, with the agency opting for more streamlined approaches, primarily relying on biometrics and existing background checks.
Under the newly reinstated memo, USCIS investigators are now permitted to engage with individuals in the vicinity of an applicant’s residence and place of employment. The directive grants them the authority to conduct interviews and gather information from neighbors, colleagues, and other community members to assess an immigrant’s “moral character” and overall eligibility for citizenship.
The return of this decades-old policy has sparked considerable concern among immigration attorneys across the nation. Legal experts, such as Omaha-based attorney Brian Blackford, highlight the ambiguity surrounding the policy’s implementation. He noted that the memo lacks clear definitions regarding the scope of discretion granted to investigators, leaving many questions unanswered about its practical application.
While USCIS states that the practice is intended to enhance statutorily required investigations and ensure “aliens are being properly vetted,” attorneys like Blackford express skepticism. He emphasized that in his extensive career, such extensive neighborhood inquiries beyond basic marriage fraud investigations have been unprecedented, raising questions about the true intent and necessity of the revived policy.
The original discontinuation of neighborhood investigations in 1991 was largely driven by a desire to make the citizenship application process more efficient and less cumbersome. The shift towards relying on biometrics and standardized background checks was aimed at creating a more streamlined system, a stark contrast to the potentially protracted and subjective nature of community-based inquiries.
Critics further argue that reinstating neighborhood investigations could have “chilling effects” on immigrants. The uncertainty surrounding who investigators might speak with, and the potential for subjective opinions or biases from neighbors to influence a citizenship decision, could deter eligible individuals from pursuing their legal right to apply for citizenship altogether, fostering an environment of fear and silence.
It is important to note that this policy directly impacts individuals who have already established themselves as lawful permanent residents for several years, typically three to five years minimum, and are now seeking to finalize their journey to U.S. citizenship through legal channels. The introduction of this additional layer of scrutiny adds complexity and potential for unforeseen hurdles to an already rigorous process.
As the legal community grapples with the implications of this revived policy, the focus remains on understanding its precise parameters and advocating for the fair and just treatment of all citizenship applicants. The evolving nature of immigration law under the current administration continues to present new challenges and uncertainties for those navigating the path to becoming U.S. citizens.
