Disabled Woman Sues for Citizenship
By Chelsea J. Carter/AP

An Orange County woman, who was denied citizenship because she suffers from cerebral palsy and other maladies that make it impossible for her to take the oath of allegiance, has filed a discrimination lawsuit against the Immigration and Naturalization Service.

Vijai Rajan, 24, of Anaheim, is seeking a court order requiring the INS to grant her citizenship. The lawsuit says the agency violated federal laws prohibiting discrimination based on a disability.

“What are we saying here? If you’re not disabled, you can be a citizen. If you are disabled, forget about it?’’ said Rajan’s attorney, Philip Abramowitz, who filed the lawsuit April 7 in U.S. District Court in Los Angeles.

Rajan, who also suffers from muscular dystrophy, seizures and Crohn’s Disease, uses a wheelchair and receives 24-hour care. She cannot understand, recite or raise her hand to take the oath.

The INS confirmed Rajan’s application was denied, but would not comment citing pending litigation, said INS spokeswoman Sharon Gavin.

Officials denied the application and an appeal, citing “applicant’s inability to comprehend the oath of allegiance due to medical certified condition,” according to INS documents.

Immigration experts say Rajan’s case illustrates a problem facing about 1,000 disabled applicants. Although the INS grants waivers for those who cannot take the citizenship test, it requires that they be able to make a “meaningful allegiance.”

“This case is one more example of the disabled community being marginalized,” said Stephen Rosenbaum, an attorney for Oakland-based Protection and Advocacy Inc. “We’re not asking for something special. If they meet all the other criteria—being a law-abiding citizen who has lived here for more than 5 years—they should be granted citizenship.”

Two similar cases were decided last year. In Utah, a federal judge ordered a mentally handicapped man be granted citizenship without taking the oath. In Hawaii, a federal judge upheld the INS’ oath requirement. Both rulings have been appealed.

Born in India, Rajan has lived in the United States since she was 4 months old. Her father became a naturalized citizen in 1980, her mother in 1994. Her older sister was born in America.

The family applied for citizenship for Rajan when she turned 18.

“If my daughter outlives us, I need to know she will be treated like any other person in this country. I need to know she will always be able to remain here,” said her father, Sunder Rajan. “I can’t rest until I know she will be OK.”

Rajan’s father sought help from federal lawmakers—Rep. Christopher Cox, R-Calif., and Sen. Dianne Feinstein, D-Calif—who both confirmed they were contacted. However, the chances of a congressional act making Rajan a citizen are slim.

Although the INS ruling will not affect Rajan’s permanent residency, it does put her in a different category than her family, all of whom have U.S. passports.

“Essentially it leaves her stateless. She’s not going anywhere. Her life is here. Her family is here,” Rosenbaum said.