US judge finds USCIS’ indefinite freeze on applications from immigrants from travel-ban countries was unlawful
A US federal judge has ruled that immigration officials cannot indefinitely block green card applications from immigrants from countries under travel bans, calling the policy unlawful and ordering the government to resume processing some cases.In a 39-page decision, Maryland District Judge George L. Russell III said the policy adopted by the U.S. Citizenship and Immigration Services (USCIS) is an “unlawful, blatant and indefinite bar,” affecting dozens of applicants already living in the US.The judge wrote: “USCIS does not have the discretion to decide whether to adjudicate.” He directed the agency to resume work on the applications of 83 persons related to the case.The decision focuses on a policy that stopped green card processing for immigrants from 39 countries subject to travel restrictions or visa limits. This was for security and new arrivals, but it also prevented people already living in the US from moving forward with their applications.Campaigners say the impact has been significant. Project Press Unpause, a group tracking the issue, estimates that despite more than $1 billion in fees collected, more than two million applications have been left unprocessed.“This sends a clear message that this policy is arbitrary and capricious. Most of us have been in the country for 5+ years, have had no problems with the law, are dedicated taxpayers and have even been granted national interest exemptions because of the work we do,” a spokesperson named LaVida told Newsweek.The spokesperson said: “We are legal immigrants (the kind of immigrants this administration claims only to want), who have contributed positively to the American economy but are now barred indefinitely because of our country of birth – something we cannot control.”The GOP government had argued that courts should not interfere in immigration matters and that federal agencies have considerable discretion over how to handle applications. However, the judge rejected this, saying that the agencies cannot completely refuse to take decisions on them.The blockage in applications came from presidential orders under the Immigration and Nationality Act, which restricted entry from certain high-risk countries. USCIS then applied this to green card cases and barred applications based on country of birth, even for people already living legally in the US.Judge Russell said many of those affected had lived in the country for years and had maintained legal status throughout the country.The court has now ordered USCIS to resume processing the applications of those involved in the lawsuit, but has not imposed any strict deadline for a decision.In response, a USCIS spokesperson defended the hold, saying, “USCIS has paused all adjudications for aliens from high-risk countries while USCIS works to ensure that all aliens from these countries are screened and investigated to the maximum possible degree. This hold will allow for a comprehensive investigation of all pending benefit requests for aliens from designated high-risk countries. The safety of the American people always comes first.”“The ruling doesn’t immediately apply to all affected immigrants, and the agency can still continue withholding for those who are not part of the case. However, the court has made it clear that indefinite and complete stay is not permissible under the law. This comes as green card applicants in the US are facing long delays, waiting months or even years for their cases to be processed due to the massive backlog at USCIS.