INS Opposes Citizenship for Disabled O.C. Woman

The U.S. Immigration and Naturalization Service has filed a brief formally opposing citizenship for a young Anaheim woman too disabled to take the oath of allegiance.

According to the brief, filed June 16 in U.S. District Court in Los Angeles, Vijai Rajan--born in India into a family whose other members have already been granted U.S. citizenship--should not be granted the same status because she “has failed to meet the statutory requirements of the oath of allegiance . . . essential to naturalization.”

Rajan, 24, who suffers from cerebral palsy, muscular dystrophy, seizures and Crohn’s disease, a severe intestinal ailment, uses a wheelchair and receives 24-hour care. Because of her disabilities, she cannot understand, recite or raise her hand to take the oath.

After the young woman was denied U.S. citizenship in 1998, her family filed a lawsuit on her behalf charging discrimination by the INS.

“I think that the INS is now admitting that they are engaging in discrimination,” Rajan’s attorney, Philip Abramowitz, said Thursday, “but they believe their hands are tied by the law. I think Congress, when it passed the law, didn’t realize that it was discriminating against a number of individuals so disabled that they can’t take the oath. I am asking the INS to make an exception and naturalize her.”

Born when her mother was visiting India, Rajan has lived in the United States since she was a baby and has a green card. Her father became a naturalized citizen in 1980, her mother in 1994. Her older sister was born in the United States.

At least two private bills have been introduced into Congress to grant Rajan citizenship without taking the oath of allegiance. Both are pending. Rep. Christopher Cox, R-Newport Beach, sponsor of one of the proposals, characterized as “appalling” the INS’ handling of the case.