US judge finds USCIS’s indefinite pause on applications from immigrants from travel ban countries was illegal
A US federal judge has ruled that immigration authorities cannot indefinitely halt green card applications from immigrants linked to countries subject to travel restrictions, calling the policy illegal and ordering the government to resume processing some cases.In a 39-page decision, Maryland District Judge George L. Russell III, said the policy pursued by USCIS was an “unlawful, categorical, and indefinite pause” affecting dozens of applicants already living in the United States.“USCIS has no discretion to decide not to dismiss at all,” the judge wrote. He directed the agency to resume work on the applications of 83 individuals involved in the case.The ruling focuses on a policy that halted green card processing for immigrants from 39 countries under travel bans or visa restrictions. It was intended for security and new arrivals, but it also prevented people already living in the United States from moving forward with their applications.Activists say the impact was significant. Project Press Unpause, a group tracking the issue, estimates that more than 2 million applications have been left unprocessed, despite more than $1 billion being charged in fees.
A La Vida spokesperson told Newsweek: “This sends a clear message that this policy is arbitrary and capricious. Most of us have been in the country for more than 5 years without any problems with the law, taxpayers are compliant, and have even received national interest exemptions because of the work we do.”“We are legal immigrants (just the type of immigrants this administration claims to want), who have contributed positively to the American economy but are now placed in indefinite detention because of our country of birth — something we cannot control,” the spokesperson added.The GOP government has argued that courts should not interfere in immigration cases and that federal agencies have sufficient discretion over how to handle applications. However, the judge rejected this, indicating that the agencies could not refuse to decide on the matter in its entirety.The suspension of applications was based on presidential orders under the Immigration and Nationality Act, which imposed restrictions on entry into some countries considered high-risk.
USCIS then applied this to green card cases, halting applications based on country of birth, even for people already living legally in the United States.Judge Russell said many of those affected had been living in the country for years and had maintained their legal status throughout.The court has now ordered USCIS to resume processing applications from participants in the lawsuit, but has not imposed a hard 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 all aliens from these countries are screened and screened to the greatest extent possible. The pause will allow for comprehensive screening of all pending benefit applications for aliens from designated high-risk countries. The safety of the American people always comes first.”
“The ruling does not immediately apply to all affected immigrants, and the agency can still continue pausing those who are not part of the case. However, the court made it clear that a blanket and indefinite freeze is not permissible under the law. This comes as US Green Card applicants continue to face long delays, with many waiting months or even years for their cases to be processed due to a significant backlog at USCIS.
