A new lawsuit filed in the Southern District of New York challenges the State Department’s policy of pausing green card processing for immigrants from 75 countries. The lawsuit contends that the policy violates the Administrative Procedure Act (APA), the Immigration and Nationality Act (INA), and the Equal Protection Clause of the Constitution.
Background: The policy, announced by the State Department on January 21, paused all immigrant visa applications from 75 countries while the State Department reviews its screening and vetting policies to ensure immigrants from “high-risk” countries do not unlawfully use public benefits or become a public charge.
Plaintiffs in the case include US citizens petitioning to bring their spouses and children to the US, a Colombian endocrinologist approved for an EB-1 first-preference employment-based visa who is now blocked from entering the country, and a Colombian-born engineer approved for the EB-2 “national interest waiver” green card.
Between the lines: Given the specific allegations made by the Plaintiffs, the Trump Administration will have to demonstrate its reasoning for establishing a nationwide public charge exclusion, rather than a case-by-case discretionary decision, as has been the customary practice.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.