Congress Approves Bill to Allow Attorney General to
Waive Citizenship Oath for Severely Disabled
October 20, 2000

Washington, DC – The U.S. Senate gave final passage Thursday night to legislation that would enable the Attorney General to waive the oath requirement for individuals seeking to become U.S. citizens who have disabilities that prevent them from taking the oath.

The legislation was sponsored by Senator Orrin Hatch (R-Utah) and cosponsored by Senators Christopher Dodd (D-CT) and Dianne Feinstein (D-Calif.) in the Senate. A companion bill was sponsored by Congressman Christopher Cox (R-Newport Beach) in the House..

“This legislation gives the Attorney General the ability to use her discretion in certain exceptional immigration cases,” Senator Feinstein said. “Vijai Rajan, for instance, cannot say the oath of allegiance due to her disabilities, but the circumstances of her case clearly dictate that she should be granted citizenship.”

Ms. Rajan, who suffers from cerebral palsy, muscular dystrophy, seizures and Crohn’s disease, has lived in the United States since she was four months old. Her sister, Inbhu, was born in Cincinnati and is an American citizen by right of her birth in the United States. Her father Sunder Rajan became a naturalized citizen in 1980.

Ms. Rajan’s mother Shakunthala, however, was not naturalized until 1994, just after Vijai’s 18th birthday. Had both parents become citizens before Rajan turned 18, she would have automatically qualified for citizenship.

“Without this legislation, the only recourse for Ms. Rajan’s family was a private act of Congress. Now, there is new hope for the Rajan family, and families in similar situations.”

If the Attorney General waives the oath of allegiance for an individual, that person would immediately be considered to be eligible for naturalization, provided that all other naturalization requirements have been fulfilled.