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A federal judge in Ohio issued a preliminary injunction requiring U.S. Citizenship and Immigration Services to resume processing certain immigration benefit applications that had been paused under policies tied to countries covered by travel restrictions. The order applies to plaintiffs from seven countries who are already living in the United States.
abcnews.go.comA federal judge in Ohio ordered U.S. Citizenship and Immigration Services to resume processing certain green card, work authorization, and travel document applications that had been placed on hold. U.S. District Judge Algenon L. Marbley issued the preliminary injunction Monday in a case filed by 25 foreign nationals from Burma, Canada, Iran, Nigeria, Syria, Tanzania, and Venezuela.
The plaintiffs include a hospital pharmacist, a registered nurse, a cancer researcher, college graduates with job offers in science and engineering, a university professor, and young couples raising families.
The policies directed agency staff to hold all pending benefit applications for foreign nationals listed in an expanded presidential proclamation while a comprehensive review was conducted. The judge noted that the plaintiffs reside in the United States, some for years, and already hold prior work authorization.
He stated that national security concerns do not explain why decisions on applications from people already inside the country should be delayed.
The ruling requires USCIS and the Department of Homeland Security to resume processing the plaintiffs' pending Form I-485 adjustment of status applications and Form I-131 travel document applications. It also directs the government to adjudicate all pending Form I-765 employment authorization applications within 30 days.
The order does not guarantee approvals. It requires the agency to evaluate the applications under existing immigration law rather than leaving them on indefinite hold. A similar ruling last month by U.S. District Chief Judge John J. McConnell Jr. in Rhode Island struck down four USCIS policies affecting applicants from the same group of countries.
USCIS stated it strongly disagreed with that order but would comply while litigation continues.
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