Sunday, April 21, 2013

Homeland Security Held Up Citizenship for One Brother Over F.B.I. Interview

Typical bureaucratic bungling. 

 

B

 

Homeland Security Held Up Citizenship for One Brother Over F.B.I. Interview By JULIA PRESTON

http://www.nytimes.com/2013/04/21/us/tamerlan-tsarnaevs-citizenship-held-up-by-homeland-security.html?partner=rss&emc=rss&pagewanted=print

 

Department of Homeland Security officials decided in recent months not to grant an application for American citizenship by Tamerlan Tsarnaev, one of two brothers suspected in the Boston Marathon bombings, after a routine background check revealed that he had been interviewed in 2011 by the F.B.I., federal officials said on Saturday.

 

Mr. Tsarnaev died early Friday after a shootout with the police, and officials said that at the time of his death, his application for citizenship was still under review and was being investigated by federal law enforcement officials.

 

It had been previously reported that Mr. Tsarnaev's application might have been held up because of a domestic abuse episode. But the officials said that it was the record of the F.B.I. interview that threw up red flags and halted, at least temporarily, Mr. Tsarnaev's citizenship application.

Federal  law enforcement officials reported on Friday that the F.B.I.

interviewed Mr. Tsarnaev in January 2011 at the request of the Russian government, which suspected that he had ties to Chechen terrorists.

 

The officials pointed to the decision to hold up that application as evidence that his encounter with the F.B.I. did not fall through the cracks in the vast criminal and national security databases that the Department of Homeland Security and the F.B.I. review as a standard requirement for citizenship. The application, which Mr. Tsarnaev presented on Sept. 5, also prompted "additional investigation" of him this year by federal law enforcement agencies, according to the officials. They declined to say how far that examination had progressed or what it covered.

 

The handling of Mr. Tsarnaev's application could be crucial for the Obama administration in the Senate debate that began this week over a bipartisan bill, which the president supports, for a sweeping immigration overhaul.

Some Republicans skeptical of the bill have said they will watch the Boston bombings investigation to see if it reveals security lapses in the immigration system that should be closed before Congress proceeds to other parts of the bill, including a path to citizenship for illegal immigrants.

 

The record of the F.B.I. interview was enough to cause Homeland Security to hold up Mr. Tsarnaev's application. He presented those papers several weeks after he returned from a six-month trip overseas, primarily to Russia, and only six days after his brother, Dzhokhar A. Tsarnaev, 19, had his own citizenship application approved. Dzhokhar Tsarnaev is in custody and is in serious condition in a hospital.

 

Late last year, Homeland Security officials contacted the F.B.I. to learn more about its interview with Tamerlan Tsarnaev, federal law enforcement officials said. The F.B.I. reported its conclusion that he did not present a threat.

 

At that point, Homeland Security officials did not move to approve the application nor did they deny it, but they left it open for "additional review."

 

Tamerlan Tsarnaev's record also showed that he had been involved in an episode of domestic violence in 2009. His father, Anzor, said in an interview on Friday in the Russian republic of Dagestan, where he lives, that Tamerlan had an argument with a girlfriend and that he "hit her lightly."

 

Under immigration law, certain domestic violence offenses can disqualify an immigrant from becoming an American citizen, and perhaps expose him to deportation. But the Homeland Security review found that while Mr. Tsarnaev was arrested, he was not convicted in the episode. The law requires a serious criminal conviction in a domestic violence case for officials to initiate deportation, federal officials said.

 

Both Tsarnaev brothers came to the United States and remained here legally under an asylum petition in 2002 by their father, who claimed he feared for his life because of his activities in Chechnya. Both sons applied for citizenship after they had been living here as legal permanent residents for at least five years, as the law requires.

 

William K. Rashbaum and Michael S. Schmidt contributed reporting.

 

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