Speech #1050096842

These results are simply astonishing in the wake of the attention that the flaws in the previous system received both in the Congress and in the press. Such troubling deficiencies in even the most basic implementation of the new policy have emerged that immediate action must be taken to ensure that no citizenship application is processed without the required fingerprint checks and that the INS properly considers and evaluates any criminal record that is revealed. Those deficiencies also suggest we need to take a longterm look at the entire naturalization process and indeed at the structure of the INS. The legislation I am introducing today is limited to targeted measures aimed at addressing in the short term some critical problems in the naturalization process. particularly with regard to criminal background checks. The bill would revise the INS processing of criminal background checks in a number of ways. It provides that. in conducting criminal background checks on any applicant for naturalization or for a number of other significant immigration benefits. the INS may not accept for processing or transmit to the FBI any fingerprint card or any other means used to transmit fingerprints unless the applicants fingerprints have been taken by an office of the INS or by a law enforcement agency. Such offices or agencies would be permitted to collect a fee from the applicant for the service of taking and transmitting the fingerprints. The bill further provides that if an applicant is physically unable to provide legible fingerprints. for example. because the applicant may be elderly or disabled. the requirement that the INS submit fingerprints to the FBI shall not apply and the FBI shall instead conduct a record check based on the applicants name and other identifying information. Under the legislation. no naturalization application. or application for the other important immigration benefits specified in the legislation. like the adjustment of status to lawful permanent residence. could be approved until the INS receives from the FBI a definitive response concerning whether the applicant has a criminal record and receives the content of any criminal history that the applicant may have. Interviews would also now be statutorily required before applicants may be naturalized or may adjust their status to lawful permanent residence. In the case of any applicant for naturalization. the interview must cover any criminal background of the applicant. other than minor traffic violations. and must review any misrepresentations made on the naturalization application. In order to provide for an orderly transition. and to insure that the naturalization backlog does not increase. the bill provides for an effective date of The bill also addresses the good moral character requirement for naturalization. Under current law. an applicant for naturalization must demonstrate good moral character for the 5 years preceding the application for naturalization. The INS has given good moral character the most narrow definition possible under the statute. and has restricted its good moral character inquiry to whether an applicant has been convicted of a criminal offense that statutorily bars a finding of good moral character. In my view. the 5 year period is too short.