U.S. judge orders USCIS to resume green card processing for immigrants affected by Trump’s travel ban
Federal judge George L. Russell III has directed the United States Citizenship and Immigration Services (USCIS) to process the green card applications of a group of plaintiffs affected by President Donald Trump’s travel ban from 39 nations.
Mr Russell ruled that the indefinite hold on the immigration applications was unlawful, opining that while USCIS reserves the right to grant or deny an application, it cannot hold it indefinitely without processing. A decision must be made, he stated.
“USCIS does not have discretion to decide not to adjudicate at all,” Mr Russell wrote in a 39-page screed released on Monday.
Although the ruling applies only to 83 plaintiffs who sued the U.S. government, it could also set a precedent for other intending immigrants who feel wronged by the restrictions.
The judge rejected the government’s argument that the court lacked authority to intervene, saying he was only mandating that applications be processed and decisions issued within a reasonable time.
Project Pause Unpause, a group contesting the pause, said that USCIS received over $1 billion as payment for applications that were not processed.
“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 taxpayers and were even granted national interest waivers because of the work that we do,” Newsweek cited a Project Pause Unpause spokesperson as saying.
Since January 1, when USCIS expanded the travel restrictions on 39 nations to cover foreigners living in the U.S., many legal immigrants have had their applications placed on indefinite hold.
They could neither renew their work authorisation nor move forward with their immigration cases. Optional Practical Training (OPT) applications for STEM international students were also paused.
The judge’s decision does not guarantee approval of immigration applications but only requires that USCIS not leave applicants in indefinite limbo.
USCIS, in a statement, defended the pause, claiming it was necessary for national security concerns.
“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,” Newsweek cited the department as saying. “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 comes first.”
A majority of African countries, including Nigeria and Ghana, are affected by the ban on immigration, leaving uncertain the fate of citizens who have been living in the U.S. for years.
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