Opposing Proposed Changes to the Naturalization Fee Waiver
Adopted at the 87th Annual Meeting in 2019
WHEREAS, the fee waiver application is available to the most vulnerable immigrant populations including refugees, asylees, applicants filing under Violence Against Women Act (VAWA) provisions, victims of crime and trafficking, unaccompanied and abandoned minors, the elderly, disabled and infirm; and
WHEREAS, the fee waiver is also available to applicants for U.S. citizenship and U.S. Citizenship and Immigration Services (USCIS) identifies several benefits of immigrants naturalizing, including, but not limited to, the right to vote in federal elections, higher priorities for petitioning family members permanently into the United States, obtaining citizenship for children born abroad, and becoming an elected official; and
WHEREAS, on September 28, 2018 USCIS published Agency Information Collection Activities; Revision of a Currently Approved Collection: Request for Fee Waiver proposing to eliminate the use of proof of receipt of a means-tested benefit as evidence of eligibility for USCIS Form I-912 Request for Fee Waiver; and
WHEREAS, in 2017, almost 40 percent of lawful permanent residents (LPRs) across the U.S. filed Form I-912 Request for Fee Waiver for naturalization; and
WHEREAS, the elimination of the use of receipt of public benefits to prove eligibility for the fee waiver would harm low-income immigrants; individuals who earn too little to be required to file taxes would not be able to obtain the required federal tax transcript to submit with the income-based fee waiver; and applicants who have experienced a reduction in income since filing their previous year's tax return may be stuck without any clear evidence to demonstrate current fee waiver eligibility and would likely be forced to wait to file for naturalization until the following year when their tax returns reflect their new income level; and
WHEREAS, USCIS published notice of the fee waiver changes under the Paperwork Reduction Act (PRA) of 1995, a process which is insufficient and inappropriate given the proposal to significantly change the criteria for fee waiver eligibility, a constitutive change to the law which should necessitate a Notice of Proposed Rulemaking, a more robust public notification process required by the Administrative Procedure Act; and
WHEREAS, USCIS received 1,198 public comments during the 60-day comment period, largely in opposition to the proposed form change; and
WHEREAS, on April 5, 2019, USCIS published proposed changes to fee waiver eligibility criteria, OMB Control Number 1615-0116, to the Federal Register, with only minor amendments to the proposed changes published September 28, 2018, offering a 30-day comment period.
NOW, THEREFORE, BE IT RESOLVED, that The United States Conference of Mayors calls on U.S. Citizenship and Immigration Services (USCIS) to urgently take specific, measurable and actionable steps to protect the naturalization fee waiver from elimination, cease efforts to eliminate the use of means-tested benefits as a basis of fee waiver eligibility, terminate plans to establish fees for asylum seekers, and ensure USCIS fee revenue is used solely for the adjudication of applications.