On Monday, February 2nd, immigrant advocacy organizations, legal groups, and affected individuals sued the Trump administration over its suspension of immigrant visa processing for people from 75 countries, arguing the policy unlawfully blocks legal immigration.
The complaint, filed in the U.S. District Court for the Southern District of New York against the U.S. Department of State and Secretary of State Marco Rubio, was submitted by the National Immigration Law Center, Democracy Forward, The Legal Aid Society, the Western Center on Law & Poverty, the Center for Constitutional Rights, and Colombo & Hurd. Plaintiffs include Catholic Legal Immigration Network, Inc., African Communities Together, and several individuals whose visa applications were halted.
The administration has cited concerns that applicants could become dependent on public benefits, but the lawsuit contends this interpretation misrepresents immigration law and existing public charge standards. The filing notes that most immigrant visa applicants are not eligible for cash assistance and that Congress has specified that accessing authorized public programs does not automatically disqualify someone from lawful immigration.
The suspension has resulted in delays for both family-based and employment-based visa applicants, affecting the processing of visas for individuals from the countries included in the policy.
The lawsuit asserts that the policy violates the Immigration and Nationality Act, the Administrative Procedure Act, constitutional separation of powers, and the Fifth Amendment. Plaintiffs are seeking to block enforcement of the suspension and restore immigrant visa processing for those impacted by the policy.
