New York, NY — Lawyers say they plan to appeal Thursday’s ruling that effectively denies tens of thousands of immigrants the right to vote in the upcoming presidential election, as a consequence of a big backlog in citizenship applications. U.S. District Court Judge Lawrence McKenna dismissed the case, which sought to force the U.S. Citizenship and Immigration Services (USCIS) to process backlogged applications in time for Election Day Nov. 4. Government lawyers admitted that things may be slow, but argued that citizenship paperwork could not be approved until FBI checks are complete.

Cesar Perales, with the Puerto Rican Legal Defense and Education Fund, says his group plans to file a motion to reconsider the ruling.

"It was real negligence on the part of the government not to be ready in a Presidential election year to process the increased numbers of individuals who would want to become citizens in order to vote."

It would be wrong for the court to let this case die, says Perales, because tens of thousands of immigrants will miss out on the right to vote in a critical election, simply because of the backlog in processing applications.

"A large number of the people who are still waiting to be naturalized are people who have had all of the checks. Not just the FBI name check, but they've passed their civics exam, they've passed their English exam, and it's just the negligence of USCIS that has caused further delay."

The National Immigration Forum issued a report Thursday that finds the average backlog for processing citizenship applications in big states like California and New York is still about 14 months. The report urges the federal government to do a better job staffing citizenship application offices in cities that have the largest numbers of applicants.

Perales believes the court should reconsider because there are thousands of immigrants in New York who have completed all of the background checks, but still have no decision on their citizenship applications, so they won't get to vote.

The government told the judge it has cut the backlog down from an estimated 55,000 immigrants to approximately 30,000 who are awaiting a citizenship decision in New York.

A report of the case, Milanes v. Chertoff, is available at
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Advocates for immigrants are pushing back on a bill signed by Iowa Gov. Kim Reynolds in the last few days of the legislative session, modeled on a recent, controversial Texas law.

Senate File 2340 gives local law enforcement officers and judges the authority to deport undocumented immigrants.

Erica Johnson, executive director of the Iowa Migrant Movement for Justice, argued the bill is an overreach, and said Iowa law enforcement officers are not authorized to enforce it.

"This is a pretty clear intervention into federal territory," Johnson pointed out. "U.S. immigration law is governed by federal law."

Much like the author of the Texas bill, supporters in Iowa blame the Biden administration for failing to slow illegal immigration, so the state has decided to take matters into its own hands.

Johnson contended the bill and other anti-immigrant sentiment during the just-completed legislative session target the very people Iowa, with its dwindling population, will depend on for its future workforce.

"What we need is communities that are safe, where workers have access to dignified, safe workplaces," Johnson emphasized. "The truth of what Iowa's future could be depends on immigrants and immigrant workers in our state, and unfortunately, this law could take us back, away from that possible future. "

Johnson added her organization will pursue legal ways to block the bill from taking effect in July.


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The future of Senate Bill 4 is still tangled in court challenges. It's the Texas law that would allow police to arrest people for illegally crossing the border. But groups are speaking out about the impact of "Operation Lone Star" on the youngest migrants. Governor Greg Abbott continues to bus migrant families to other states, many with young children - more than 100,000 families so far.

Robert Sanborn, CEO of Children at Risk, works to improve the quality of life for boys and girls in Texas, and contends the policy has put trauma on top of trauma.

"We never want children to be political pawns. We don't want maximum chaos on the backs of children. We want children to grow up and be assets for our community," he contended.

Sanborn points out that 2.2 million children in Texas are immigrants, and said it would be less stressful for kids if families were not bused in the middle of the night, and if they were allowed to pick their destination.

When immigrants arrive at the border, they are evaluated to determine if they're eligible for asylum.

Beatriz Zavala, clinical coordinator at El Paso-based Humanitarian Outreach for Migrant Emotional Health, or "HOME," said the children in this situation are at higher risk for mental health disorders.

"What is particularly troubling is the profound disregard for the stability and protection these families need. The impact on their mental health is undeniable. These are not just statistics. These are children, real children," she said.

As part of Operation Lone Star, families have been bused to Chicago, Denver, Los Angeles, New York City, Philadelphia and Washington D.C. The governor has said the practice is needed to keep the Texas-Mexico border safe.


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Legislation in Albany would create the first right to counsel for people in immigration court.

The Access to Representation Act would provide immigrants the right to an attorney in their New York immigration cases, ending the tendency to represent themselves if they cannot afford one.

Estimates show a backlog of more than 330,000 immigration court cases, and fewer than half have attorneys. Studies show without legal counsel, migrants are less likely to remain in the U.S.

Marlene Galaz, director of immigrant rights policy for the New York Immigration Coalition, described what the bill would do.

"It has a six-year ramp-up to start implementing and building infrastructure," Galaz outlined. "Having a pipeline between law schools for law students to go into immigration practice, and getting to nonprofits and so on."

Galaz noted most opposition centers around the $150 million to fund the program but pointed out the total expenditure is less than 1% of the state's $229 billion budget. She added anti-immigrant rhetoric has also damaged support for the bill. Currently, it is in the state Senate Finance Committee.

The New York City Comptroller's office said enacting the bill would benefit the state financially. It could keep about 53,000 people from being deported, which would result in almost $8.5 billion in local, state and federal taxes over the next 30 years.

Galaz emphasized the influx of migrants has saturated the court system, leading to what could have been an avoidable backlog.

"I firmly believe that if these investments had been made when we first asked for them, I believe, like, three years ago, then we wouldn't be struggling," Galaz contended. "We would have had the infrastructure built to address an increase in welcoming our newest neighbors."

A Vera Institute survey showed 93% of New Yorkers across party lines and regions support access to attorneys for all people, including those in immigration court, and government-funded attorneys for them.


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