U.S. immigrants can be denied citizenship for working in Colorado’s legal cannabis industry

Two immigrants to the United States have had their applications for citizenship denied by U.S. authorities because they have worked in Colorado’s legal cannabis industry.

Officials in Denver and the immigrants’ legal representation both allege that the federal government has been taking aim at workers in the bustling industry.

AP reports that 30-year-old Oswaldo Barrientos, who moved to the U.S. from El Salvador as an infant, started working in the cannabis industry five years ago with a state-licensed cannabis producer. Barrientos has had a green card since he was 13 years old, has no criminal record, completed a high school diploma and speaks fluent English, so he says he thought the process to apply for citizenship would be relatively hassle-free. He was wrong.

While cannabis is legal in an increasing number of U.S. states and territories, it remains federally classified as a Schedule I narcotic. It is unknown whether immigrants in other states where cannabis has been legalized have faced similar issues when applying for citizenship.

In an interview with immigration officials, Barrientos says the interviewer was preoccupied with Barrientos’ field of employment. His attorneys say he later received a letter from U.S. Citizenship and Immigration Services, notifying him that his application had been denied as a result of his work in the industry–along with another female client of theirs who wished to remain anonymous.

While cannabis is legal in an increasing number of U.S. states and territories, it remains federally classified as a Schedule I narcotic. It is unknown whether immigrants in other states where cannabis has been legalized have faced similar issues when applying for citizenship.

U.S. Citizenship and Immigration Services spokesperson Deborah Cannon told AP that the agency operates under federal law, and that it must continue to operate under that authority.

“Despite state law that may allow medical marijuana use, the Supreme Court has held that Congress’ authority under the Commerce Clause empowers it to prohibit drug distribution and possession, even if the prohibited activities are not also illegal under state law,” Cannon said. “When adjudicating applicants for citizenship, the agency is required to apply federal law. We appreciate the candor of applicants who provide the requisite documentation illustrating legal purchase and possession under state law. However, as a federal agency, we are legally unable to make special considerations in these cases unless or until federal law is changed.”