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Background checks stalled grandmother's application

By Kelly Thornton
UNION-TRIBUNE STAFF WRITER

November 22, 2006

Fadumo Dirir wasn't troubled to be at the end of a line of more than 1,000 immigrants slowly making their way into Golden Hall yesterday to take the oath of citizenship.


SCOTT LINNETT / Union-Tribune
Fadumo Dirir and more than 1,000 immigrants swore their allegiance and became U.S. citizens yesterday at Golden Hall.
The two-hour wait was nothing compared with the years she'd been in limbo, wondering if this day would ever come.

Dirir, a 78-year-old grandmother from war-torn Somalia, held a small American flag in one hand as she raised the other to swear allegiance to her new country at the concourse in downtown San Diego.

“I'm very excited,” Dirir said, using her niece as an interpreter. “I feel happy today because I'm a citizen in America, because America has done a lot of favors for me.”

Dirir was sworn in about two months after she filed a lawsuit against the U.S. government in San Diego federal court over the prolonged FBI background checks that delayed her citizenship for more than three years.

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Dirir was one of nine plaintiffs in the San Diego case. All are from Somalia and all were told in letters from the immigration service that they must wait indefinitely to pass an FBI “name check” mandated after the Sept. 11 attacks.

They had been waiting between 10 months and three years after their citizenship interviews, according to the suit.

By law, immigration officials either must grant or deny a citizenship application within 120 days after a petitioner's interview and English and history exams. If it takes longer, an applicant can petition a federal judge to force a decision.

In Dirir's case, a judge never had to intervene. She was notified about a week ago that she had been approved to take part in yesterday's ceremony.

Dirir and three of the other plaintiffs – Zawahir Ali, Abdirizak Yusuf and Abshir Hassan – were granted citizenship at the ceremony, and another is scheduled to receive the coveted benefit Dec. 13, said their lawyer, Mahir Sherif. The four remaining cases are pending.

“It would have never happened without the lawsuit,” Sherif said. “I am thrilled that I could fulfill the yearning of these people to become U.S. citizens. To play a role in that process is something I never dreamed of.”

Dirir lived a life of hardship before coming to the United States in 1993.

She watched her husband die of a heart attack while the family walked across Somalia to escape civil war. A son and daughter-in-law were shot to death in front of her by warlords. As violence raged, she was separated from some of her 10 children and ended up at refugee camps in Africa.

Once safely in the United States, Dirir applied for citizenship in 1998. She passed the interview and history and English tests three years ago.

Dirir's lawsuit is one of a growing number by immigrants nationwide who are suing to expedite citizenship applications. Many of the them are desperate to gain citizenship because time is running out on benefits.

Many are about to lose – or already have lost – benefits under the Supplemental Security Income program, which allows blind, elderly or disabled refugees and other noncitizens who are legal residents to receive benefits for no more than seven years.

After the Sept. 11, 2001, terrorist attacks, the FBI was asked to conduct additional background checks. Those who apply for citizenship must undergo two types of checks: fingerprint and name checks. Immigration officials said 80 percent of background checks are completed in two weeks, and 99 percent are finished within six months.

The remaining 1 percent of applicants – like Dirir – are those whose names triggered a red flag. Sometimes the person has a common name, or one that matches a name on a watch list, said Marie Sebrechts, spokeswoman for Citizenship and Immigration Services. The service has a responsibility to be vigilant in protecting Americans.

It's unclear why Dirir's name prompted further background investigations. Sherif speculated that it could have a religious connection.

“After 9/11 I'm sure there has been a reluctance on behalf of immigration officials to grant citizenship to Muslims for a number of reasons,” Sherif said. “I'm sure the agents don't want to be the one that makes a mistake and grants citizenship to that one potential terrorist. They're paralyzed, I think.”

Yesterday, Dirir wore a wide smile, red fingernail polish, a special dark-green head scarf with shimmering gold beads and a black, floor-length dress underneath.

Most family members were working and couldn't join her, but she brought the niece along to share the moment.

Before the swearing-in, Dirir used her asthma inhaler as she walked slowly to the end of the line, which snaked around the block.

When finally inside, she found herself in yet another line. But again she was undaunted. She checked in, picked up her American flag and found a seat.

She said she can't wait to vote and travel freely as a U.S. citizen.


Kelly Thornton: (619) 542-4571; [email protected]

Source: Union Tribune, Nov 22, 2006