Kabba v. Nielsen

Mamadu Kabba, a Muslim lawful permanent resident from Sierra Leone, applied for U.S. citizenship. During his 2018 naturalization interview, he was asked hypothetical questions about polygamy and stated that if American law permitted it, he might take a second wife, though he acknowledged it was illegal. USCIS denied his application, concluding he lacked good moral character. Kabba filed a lawsuit in the Eastern District of New York against Homeland Security Secretary Kirstjen Nielsen and other officials, arguing the denial was arbitrary and violated the Immigration and Nationality Act. The case attracted significant attention for examining whether a hypothetical cultural or religious response could justify denial of citizenship. After litigation, the parties reached a settlement in 2020, allowing Kabba to naturalize.

The parties reached a settlement in 2020; U.S. Citizenship and Immigration Services agreed to reopen and approve Mamadu Kabba's naturalization application, and he subsequently took the oath of allegiance to become a United States citizen.

Whether a naturalization applicant's hypothetical statement about polygamy during an interview, without any illegal conduct, constitutes a lack of good moral character sufficient to deny citizenship under the Immigration and Nationality Act.

The case ignited public debate over subjective moral judgments in immigration interviews, particularly regarding cultural and religious norms related to polygamy. It highlighted potential biases in naturalization adjudications and prompted calls for clearer guidelines to prevent arbitrary denials based on hypothetical or lawful personal beliefs.