US judge found that USCIS’s indefinite pause on applications from immigrants from travel-ban countries was unlawful
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US judge found that USCIS’s indefinite pause on applications from immigrants from travel-ban countries was unlawful
A US federal judge has ruled that immigration authorities cannot indefinitely pause green card applications from immigrants linked to countries under travel restrictions, calling the policy unlawful and ordering the government to resume processing certain cases.In a 39-page decision, Maryland District Judge George L. Russell III said the policy followed by US Citizenship and Immigration Services (USCIS) amounted to an “unlawful, categorical, and indefinite pause” affecting dozens of applicants already living in US.The judge wrote: “USCIS does not have discretion to decide not to adjudicate at all.” He directed the agency to restart work on the applications of 83 individuals involved in the case.The ruling focuses on a policy that stopped green card processing for immigrants from 39 countries under travel bans or visa limits. It was meant for security and new arrivals but it also blocked people already living in the US from moving ahead with their applications.Campaigners say the impact has been significant. Project Press Unpause, a group tracking the issue, estimates that more than two million applications have been left unprocessed, despite over $1 billion in fees being collected.
“This sends a clear message that this policy is arbitrary and capricious. Most of us have been in the country for 5+ years with no issues with the law, dedicated tax payers and were even granted national interest waivers because of the work that we do,” a spokesperson identified as Lavida told Newsweek.The spokesperson added: “We are legal immigrants (the kind of immigrants this administration claims to only want), have contributed positively to the US economy but are now placed under an indefinite hold because of our country of birth – something we cannot control.”The GOP government had argued that courts should not interfere in immigration regarding issues and that federal agencies have enough discretion over how applications are handled. However, the judge rejected this, stating that the agencies cannot refuse to decide them altogether.The pause in applications came from presidential orders under the Immigration and Nationality Act, which restricted entry from certain countries seen as high-risk.
USCIS then applied this to green card cases, stopping applications based on country of birth, even for people already living legally in US.Judge Russell said that many of those affected had been living in the country for years and had maintained lawful status throughout.The court has now ordered USCIS to resume processing the applications of those involved in the lawsuit, but it did not impose a strict deadline for decisions.In response, a USCIS spokesperson defended the pause, saying, “USCIS has paused all adjudications for aliens from high-risk countries while USCIS works to ensure that all aliens from these countries are vetted and screened to the maximum degree possible. The pause will allow for a comprehensive examination of all pending benefit requests for aliens from the designated high-risk countries. The safety of the American people always come first.
”The ruling does not immediately apply to all affected immigrants, and the agency can still continue the pause for those not part of the case. However, the court has made clear that an indefinite and blanket freeze is not permitted under the law. This comes as green card applicants in the US continue to face long delays, with many waiting months or even years for their cases to be processed due to heavy backlogs at USCIS.
