Four years after a district court deemed a Trump-era policy unlawful, the American Civil Liberties Union (ACLU) and the ACLU of the District of Columbia are advocating for the U.S. Court of Appeals for the D.C. Circuit to uphold this decision. The policy in question hindered military service members' expedited path to citizenship.
Scarlet Kim, senior staff attorney at ACLU, stated, “The promise of expedited citizenship Congress has made to non-citizen service members is a moral imperative embedded in our history, values, and laws. If you are willing to make the ultimate sacrifice for America, you are – and should be – entitled to become American citizens.”
For over 100 years, Congress has allowed non-citizens serving during armed conflict to begin naturalization at their service's start so they can deploy overseas as U.S. citizens. However, a 2017 policy under the Trump administration introduced new time-in-service requirements that blocked this opportunity before potential overseas assignments. In April 2020, the ACLU filed a class action lawsuit on behalf of eight non-citizens serving in the U.S. military representing thousands in uniform.
A federal district court struck down this policy in August 2020; however, it was appealed by the first Trump administration. Although President Biden's administration rescinded this policy while reportedly developing a new one, no new policy emerged. Consequently, under President Trump's Department of Defense leadership again seeks to overturn the victory achieved by ACLU clients four years ago.
The ACLU will argue that since the Trump-era policy was rescinded and there is no current replacement policy, the case is moot and should be dismissed. They also contend that if not considered moot by court standards, it should affirm their clients’ district court victory.
Arthur Spitzer from ACLU’s District of Columbia branch emphasized historical precedence: “Since World War I, the United States has naturalized non-citizen soldiers before they deploy so that they serve — and perhaps die — as citizens of the nation they serve,” he said. “Congress has recognized for a century that this is proper and Pentagon has no right to change it.”
