13 hrs ago
Groups Sue USCIS Over Green Card Policy Changes
Some immigrants already in the United States can apply for a green card without leaving the country.
This is called adjustment of status.
USCIS introduced two policy changes that affect how some of these applications are reviewed.
The changes may let officers treat applying inside the country as a negative factor and deny some applications without first asking for more evidence.
The new rules also cover some applications that were already waiting for a decision.
Several organizations and six applicants say the rules are unfair and may force people to leave the United States.
USCIS says the lawsuit is an attempt to disrupt enforcement of immigration law.
The court has not decided whether the policies are lawful.
Labor unions, university faculty groups, immigrant-rights organizations and six applicants sued USCIS in federal court on October 5.
The lawsuit challenges USCIS policies issued in May and August that affect adjustment-of-status applications.
The May policy tells officers to consider applicants’ choice to seek green cards inside the United States rather than through consular processing.
The August policy permits some applications to be denied without first requesting more evidence and also applies to pending cases.
The plaintiffs seek to block and permanently invalidate the policies; the court has not ruled on their claims.
- Who
- The American Association of University Professors and its Harvard and Boston University chapters, the Service Employees International Union and affiliates, Americans for Immigrant Justice, and six green card applicants sued USCIS.
- What
- They challenge two USCIS policies affecting adjustment-of-status applications and seek to block and invalidate them.
- Where
- The case was filed in the US District Court for the District of Massachusetts.
- When
- The lawsuit was filed October 5; the challenged policies were issued in May and August.
- Why
- The plaintiffs say the policies exceed USCIS’s authority, affect pending cases unfairly, and could lead to denials without an opportunity to provide additional evidence.
Plaintiffs’ position
USCIS position
Legality and authority
Plaintiffs’ position
The policies exceed USCIS’s authority, conflict with immigration precedent and federal rulemaking requirements, and improperly affect pending applications.
USCIS position
USCIS spokesman Zach Kahler said the agency will apply immigration law and prior immigration court decisions as intended by Congress.
Effect on applicants
Plaintiffs’ position
The policies could lead to denials without a fair chance to submit evidence and could force some applicants to leave the country, disrupting family life, work, education or medical care.
USCIS position
Kahler characterized the lawsuit as a frivolous attempt to disrupt the administration’s immigration enforcement policies.
Key facts
- Defendant agency
- US Citizenship and Immigration Services (USCIS)
- Filing date
- October 5
- Court
- US District Court for the District of Massachusetts
- Policy dates
- May and August
- May policy
- Directs officers to consider whether an applicant chose adjustment of status instead of consular processing.
- August policy
- Allows certain denials without first requesting additional evidence and applies to pending cases.
- Adjustment-of-status figure
- 782,800 of about 1.36 million people becoming lawful permanent residents in fiscal year 2024 used adjustment of status, according to figures cited in the complaint.
- Status
- The court has not ruled on the lawsuit.
Quotes
Zach Kahler
USCIS spokesman
“USCIS will continue to faithfully apply long-standing immigration law and prior immigration court decisions to ensure aliens navigate our nation’s immigration system properly.”
financialexpress.com
“This lawsuit is yet another frivolous attempt to disrupt the Trump administration’s commitment to enforce our country’s immigration laws as intended by Congress.”
financialexpress.com
Sources
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