News & Commentary

Ange Samma, a 22-year-old green card holder from Burkina Faso, came to the United States seven years ago, when he was still a teenager. After studying electrical engineering at community college, he decided to enlist in the U.S. Army in 2018. He wanted to give back to his adopted country and also hoped joining the military would help him achieve his goal of becoming an electrical engineer. Ange currently serves on active duty as a soldier in South Korea. But despite serving this country on a U.S. military base in a foreign country, he still hasn’t been able to obtain citizenship through his military service, as required by law. Without citizenship, Ange faces risks his U.S. soldier counterparts do not, for he does not have a right to consular services and protection. Ange also fears that his lack of citizenship sets him apart from his fellow soldiers serving in South Korea.  Ange is unable to exercise the various privileges afforded to U.S. citizens, including voting in an election year, and sponsoring immediate family members. Ange has also found that, without citizenship, many of the roles in the military best suited to his skills and career goals are closed off to him. Today we, together with the ACLU and the ACLU of the District of Columbia, filed a class action lawsuit on behalf of Ange and thousands of non-citizens serving in the nation’s military who, like him, are entitled to apply for naturalization but have been obstructed from doing so. The lawsuit — Samma v. Department of Defense — challenges the Trump administration’s 2017 policy making it difficult, if not impossible, for non-citizen U.S. military members to obtain expedited citizenship, as Congress has long promised them. Non-citizens have enlisted in the U.S. military in large numbers throughout our nation’s history, serving in the Revolutionary War and in every major conflict since the founding of the republic. They continue to make up a significant number of those fighting in today’s wars. Between 2011 and 2015, there was an average of about 10,000 non-citizens serving in the Army per year. The Department of Defense estimates that approximately 5,000 green card holders enlist in the military every year. For more than 200 years, Congress has recognized the critical role non-citizens play in the military by promising them an expedited path to citizenship. Since 1952, that promise has been reflected in a provision of the Immigration and Nationality Act, which provides that any non-citizen who has served honorably in the U.S. military during a period of armed conflict may naturalize, regardless of their immigration status or length of residence in the United States. By waiving the typical requirements for naturalization, Congress intended for non-citizens to apply to naturalize almost immediately upon entering service and prior to deployment. Since 9/11, over 100,000 non-citizens have taken this expedited path to citizenship to naturalize on the basis of their military service. The government’s 2017 policy deprives non-citizen service members of the path to citizenship promised by Congress and that they have earned through honorable military service. For decades, non-citizens could obtain the certifications of honorable service required for naturalization almost immediately upon entering service; now they must wait months, long after they have deployed to their duty stations. The policy also forces non-citizens to submit to lengthier, more invasive background checks and severely restricts the number of officials who can issue such certifications. Government statistics demonstrate the devastating impact the government’s 2017 policy change has had on military naturalizations. In the year following its implementation, the government reported a 72-percent drop in military naturalization applications from pre-policy levels. The 2017 policy is part of the Trump administration’s broader assault on immigrants, including those serving in the military. The government has specifically targeted immigrant service members through policies designed to deter them from enlisting. Several of our clients were also subjected to this policy and had to endure months, in some cases years, of waiting before they could ship to basic training and begin their service. Once enlisted, they and thousands of other immigrant service members must wait again, under the policy they’re now challenging, to become citizens. ICE has also ramped up its deportation of veterans, disregarding policies that require the agency to consider military service in immigration cases. The government’s policy is causing real harm to immigrant service members. Two of our clients, whose immigration statuses are in question, fear the government may deport them at any time. Many of our clients are also unable to access professional advancement opportunities within the military because so many roles, including more specialized positions that suit their skill sets, are only available to U.S. citizens. Others are unable to sponsor their families to unite with them in the U.S.

The Trump administration optimistically projects that “substantially under” 100,000 people will die from COVID-19 in the United States. Horrific as that statistic is, a new model suggests it could be a huge underestimate. The government models fail to consider the impact of the virus on the incarcer

Mario Rodas, Sr. first found out there was a deadly virus spreading through the country while he was watching television at the Plymouth County Correctional Facility in Massachusetts. In early March, Rodas had been pulled over and arrested by Immigration and Customs Enforcement (ICE) agents while driving to the supermarket with his wife, a legal resident and the mother of his three U.S. citizen children. Since then, he’d been in the custody of ICE, mostly at Plymouth.

For most of us, Governor Newsom's order to stay home during the COVID-19 pandemic is a potentially life-saving inconvenience. For people who are unhoused, it could be deadly, especially when local officials are massively expanding shelters and forcing people into them.

Last week, a young man was released from the Los Angeles County Jails. But instead of returning home, he was transferred by the L.A. Sheriff’s Department to ICE custody. At a time when everyone is meant to practice social distancing and stay at home to protect each other and stop the spread of COVID-19, he now faces life-threatening conditions at the Adelanto immigration prison.

The country and the world face a public health emergency in the new coronavirus causing COVID-19. The media is filled with concerns about how we will respond. Will we close schools? Cancel sporting events and other large gatherings? Work from home? Avoid public transportation?

On Monday, March 2nd, I cast my vote for the first time. This milestone comes after 16 years since my deportation as a veteran of the United States. This I know will not save me or my people, but it is a step I know not a lot of people with my past or circumstances ever have the opportunity to take. I truly hope that changes.

California consistently fails to provide adequate reproductive health care for one of our most vulnerable populations: incarcerated people in jails. Communities of color, lower-income communities, and LGBTQ communities bear the brunt of this inadequate care, since they are the targets of mass incarc

The new year is an opportunity for everyone to look toward the future and do better — including gyms. This year, let's challenge them to be more inclusive. Going to the gym should be a positive and healthy experience for everyone.