Judge Stops Federal Gov’t from Blocking Immigrant Soldiers’ Citizenship

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A D.C. district judge has issued a preliminary injunction that prevents the federal government from delaying the processing of naturalization applications from noncitizens serving in the U.S. Army who enlisted under the U.S. Department of Defense’s Military Accessions Vital to the National Interest (MAVNI) program.

U.S. District Judge Ellen Segal Huvelle also granted Class certification to at least 400 individuals who were enlisted in the selected reserve through the MAVNI program before Oct. 13, had served honorably in the U.S. military, received a Form N-426 from the U.S. military which certifies their honorable service as members of the Selected Reserve or in active-duty status, submitted an application for naturalization and who have had the processing or final adjudication of their naturalization applications withheld or delayed.

The judge notes that she is limiting the Class to those who enlisted before Oct. 13, 2017 because the U.S. DOD’s Oct. 13th Guidance applies different standards to those who enlisted in MAVNI before that date.

The U.S. government fought against Class certification, arguing that the differing circumstances of each service member meant that the cases should be handled individually rather than as a class action lawsuit.

Judge Huvelle disagreed, noting the court was only deciding whether the U.S. Department of Homeland Security can delay the processing of naturalization applications and whether the DOD could apply the Oct. 13th Guidance.

Last month, Judge Huvelle also issued an injunction in a related MAVNI citizenship class action lawsuit (Kirwa v. U.S. Department of Defense) filed by MAVNI recruits who have not yet received N-426 forms.

The MAVNI program was initiated in 2008 to boost U.S. military resources in skill areas such as the knowledge of certain languages and medical expertise.

In 2016, the Pentagon determined that MAVNI participants posed a higher risk of having connections with foreign intelligence services than other service members. The DOD and U.S. Citizenship and Immigration Services agreed to delay processing the naturalization applications of MAVNI participants while the DOD conducted high-level security clearance investigations.

Ten Army reservists subsequently sued the federal government claiming they had upheld their end of the bargain by serving honorably and that they were wrongly denied the expedited citizenship they were promised for their service.

If you are a service member who enlisted through the MAVNI program and have served or are currently serving in the Selected Reserve of the Ready Reserve and you have not yet become a naturalized U.S. citizen, you may be affected by this class action lawsuit. For more information about the litigation, including information about the related Kirwa v. U.S. Department of Defense class action lawsuit, visit www.DCFederalCourtMAVNIClassLitigation.org.

The plaintiffs are represented by Joseph J. LoBue, Douglas W. Baruch, Jennifer W. Wollenberg, Neaha P. Raol, Shaun A. Gates and Katherine L. St. Romain of Fried Frank Harris Shriver & Jacobson LLP.

The Immigrant Soldiers Citizenship Class Action Lawsuit is Kusama Nio, et al. v. U.S. Department of Homeland Security, et al., Case No. 1:17-cv-00998, in the U.S. District Court for the District of Columbia.