According to the lawsuit, the INS’s refusal to grant fee waivers has been "systematic and Miami district–wide," and in some cases the agency has failed even to acknowledge that it has received waiver requests.  Advocates further claim that the INS has failed to explain to applicants why their waiver requests were denied.  Because the agency’s inaction affects a substantial number of low-income immigrants in south Florida, advocates are seeking class certification for the lawsuit.

The need for fee waivers has become more urgent since Jan. 15, 1999, when the INS more than doubled the naturalization application fee from $95 to $225.  In addition, applicants for naturalization must pay $25 in fingerprinting costs (see "INS Raises Fees for Many Applications," Immigrants’ Rights Update, Sep. 16, 1998, p. 1).  Ironically, the INS has explained that the fee increase was necessary to help cover the costs of providing services to immigrants unable to pay the fees.

Represented by the Florida Justice Institute, Florida Legal Services, Inc., and Florida Immigrant Advocacy Center, plaintiffs do not seek monetary damages and instead request that the court issue an injunction compelling the INS to follow existing agency guidelines and policies with respect to granting fee waivers.  The lawsuit also requests that the INS reevaluate waiver applications that have been denied since Jan. 15, 1999.