On September 17, the City of Boston announced an amicus brief for a lawsuit against a policy to increase citizenship application costs and eliminate the fee waiver. Announced by Mayor Martin J. Walsh, the brief is in support of a lawsuit by Project Citizenship, a Boston nonprofit that provides free legal services to Massachusetts immigrants. The City of Boston led this amicus brief on behalf of 34 cities, counties, and municipal agencies. (*33 cities and counties + USCM + MAPC + Boston — so 36 in total. https://www.boston.gov/news/boston-marks-us-constitution-and-citizenship-day-leading-amicus-brief-against-uscis-fee
The proposed United States Citizenship and Immigration Services (USCIS) rule, which would go into effect October 2, would nearly double the naturalization application fee – increasing it from $725 to $1,170 – and abolish the application fee waiver. (*The elimination is for almost everyone, with a few exceptions.) The Department of Homeland Security hopes this fee increase will recover operational costs.
The amicus brief from the City of Boston calls this policy a “wealth test” that will have “a profoundly negative effect on municipalities and their immigrant populations.”
“People come to the United States for a better life for themselves and their families, whether that’s 400 years ago or yesterday,” Mayor Walsh said in an email. “This new rule creates a wealth test to be an American.”
*While Project Citizenship’s lawsuit has not been heard in court yet, three lawsuits in three different states are in action – California, New York, and Massachusetts. On Sept 29, a federal judge in California ruled against the fee increase, consequently delaying the fee increase from its original start date on Oct 2.
“Citizenship has always been a bipartisan issue,” said Yusufi Vali, Director of Mayor’s Office for Immigrant Advancement (MOIA). “Cities across the country, whether blue, purple, or red agreed with this mayor and our team’s stance that citizenship is a belief and commitment to America. It’s not something to be reserved to only those who can afford it.”
The City worked with the law company Latham & Watkins to draft the brief pro bono. After the core of the brief was prepared, it was circulated to other cities to sign.
The brief includes information from cities about how the rule would impact its population. For Boston, 30,000 residents are eligible for citizenship, and over 12,000 are eligible for fee waivers. This law would also frustrate efforts by cities to promote naturalization. Boston, for instance, hosts an annual “Citizenship Day” with Project Citizenship to assist immigrants in preparing citizenship applications. Since its start in 2014, over 1,800 (now updated to more than 2,600) applicants have applied for citizenship through the program, with more than 58% from 2019 alone also applying for fee waivers. (*This year that number is up to 65%.)
Despite the amicus brief, Vali still encourages prospective citizens to apply as soon as possible.
“People should prioritize getting their citizenship before October 2,” Vali said. “My hope is that if the injunction is granted, then people will have the opportunity to apply at the lower fee and be eligible for the fee waiver, post-October 2.”
*Editor’s Note: On September 29, a federal court in California temporarily blocked the USCIS fee increases, so application costs did not change on October 2
*The article has been edited on October 5, 2020 for accuracy.
