Federal Judge Orders Resumption of Work Authorization Processing
A federal judge has mandated that U.S. Citizenship and Immigration Services (USCIS) resume processing I-765 employment authorizations for noncitizens. This decision comes after the federal government imposed a freeze on applications from individuals originating from 39 “high-risk” countries earlier this year.
Judicial Action in California
U.S. Magistrate Judge Virginia DiMarchi issued a preliminary injunction in a lawsuit involving 137 foreign nationals from 15 countries, including Afghanistan, Iran, Nigeria, and Venezuela. The plaintiffs argue that prompt adjudication of their I-765 applications is crucial for their ability to work in the U.S., uphold their nonimmigrant status, and support their livelihoods.
Rejection of Government’s Argument
Judge DiMarchi dismissed the government’s claim that the policy memorandum instituting the freeze was immune to judicial review under the Immigration and Nationality Act. She asserted that this memorandum does not represent a final agency action eligible for challenge under the Administrative Procedure Act (APA), which outlines the procedures federal agencies must follow in making and enforcing key policy decisions.
Judiciary’s Findings on Jurisdiction
During her ruling, DiMarchi referenced the extensive scrutiny this jurisdictional issue has received from other courts across the nation. She concurred with their reasoning, emphasizing that USCIS holds a non-discretionary obligation to process immigration benefit applications in a timely manner. Consequently, the court affirmed its jurisdiction to review USCIS’s failure to comply, determining that the policy memorandum meets the APA’s criteria for finality.
Implications for Vulnerable Groups
The I-765 work permits at the heart of this ruling are vital for various groups, including international students at U.S. universities, asylum seekers, green card applicants, and spouses of foreign nationals with work visas. The judge’s ruling ensures that these critical applications are no longer stalled, offering relief to individuals in dire need of employment authorization.
Previous Legal Developments
This ruling follows a significant decision from a federal judge in Rhode Island last month, which overturned four immigration policies that had impeded the processing of asylum, work permits, green cards, and citizenship applications from citizens of 39 countries spanning Africa, Asia, the Middle East, and Latin America. Chief U.S. District Judge John McConnell Jr. criticized the U.S. immigration policies as overreaching and lacking reasonable justification, asserting that they violate the immigration laws set by Congress.
Response from Legal Representatives
Curtis Lee Morrison, an attorney at Red Eagle law firm representing the San Jose plaintiffs, expressed confidence in the court’s decision. He noted that this ruling represents yet another successful injunction against the government’s position, which he argues fails to substantiate its case for maintaining the application freeze. Representatives from the U.S. Department of Justice were not immediately available for comment on this latest ruling.
