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INS OPPOSES DISABLED MAN’S ATTEMPT TO NATURALIZE
Gustavo Galvez Letona, a 27 year-old immigrant from Guatemala, has lived in the US since he was 10.  He suffers from severe Down syndrome, and as a result he has the mental age of a child less than two.  Because of this, the INS has refused to let him take the oath of citizenship, even though he meets all of the other requirements.  
In 1996, the Social Security Administration told Galvez’ mother that he would no longer be eligible for disability benefits because of the new immigration law, and that to retain these benefits, he should apply for citizenship.  So he did just that.  After an interview with an INS agent, his application was denied, ostensibly because he would not demonstrate that he was “attached to the principles of the Constitution of the United States and favorably disposed toward its good order and happiness.”  
Galvez appealed the denial, and a judge ordered the INS to grant him citizenship.  The judge reasoned that children are not made to take the oath if they are not able to understand its meaning, and that because of Galvez’ medical condition he was no different than a child.  Despite the judge’s strong words in favor of granting citizenship, the INS has appealed the decision.  According to the INS, they have been more than accommodating to Galvez’ needs, waiving the requirement that he take the test on US history and civics.  
Galvez’ attorneys argue that the INS’ position violated the Rehabilitative Act of 1973, a federal law that prohibits government agencies from denying benefits because of a person’s disability.  Only “essential requirements,” such as sight for a driver’s license, are a basis for denying a benefit because of a disability.