Green card update: US judge rules USCIS cannot suspend applications indefinitely, calling policy ‘illegal’

A U.S. judge rules that U.S. Citizenship and Immigration Services is illegally suspending immigration applications from countries with travel bans indefinitely.

A U.S. federal judge has ruled that immigration authorities cannot indefinitely suspend green card applications for immigrants connected to countries subject to travel restrictions, calling the policy illegal and ordering the government to resume processing some cases.In a 39-page ruling, Maryland District Judge George L. Russell III said the policy followed by U.S. Citizenship and Immigration Services (USCIS) amounted to an “unlawful, clear and indefinite suspension” that affected dozens of applicants who were already living in the United States.“USCIS does not have the discretion to decide not to issue a ruling at all,” the judge wrote, directing the agency to reopen the applications of the 83 individuals involved.The ruling focused on a policy that stopped issuing green cards to immigrants from 39 countries due to travel bans or visa restrictions. It’s designed for security and newcomers, but it also prevents people already living in the United States from proceeding with their applications.Activists say the impact is huge. Project Press Unpause, a group that tracks the issue, estimates that more than 2 million applications remain unprocessed despite more than $1 billion in fees.“This sends a clear message that this policy is arbitrary and capricious. Most of us have lived in this country for over five years without any legal issues, are conscientious taxpayers, and have even received national interest exemptions for the work we do,” a spokesperson named Lavida told Newsweek.The spokesperson added: “We are legal immigrants (the kind this administration claims to only want) who have made positive contributions to the U.S. economy, but are now being held indefinitely because of our country of birth — something we have no control over.”The Republican administration has argued that courts should not interfere in immigration matters and that federal agencies have sufficient discretion in how to handle applications. However, the judge rejected that argument, saying agencies cannot refuse to make decisions outright.The suspension of applications comes from a presidential order under the Immigration and Nationality Act, which restricts entry from certain countries deemed high-risk. U.S. Citizenship and Immigration Services subsequently applied this practice to green card cases, stopping petitions based on country of birth, even for people already legally residing in the United States.Judge Russell said many of those affected had been living in the country for many years and had always maintained legal status.The court has now ordered the Immigration Department to resume processing the applications of those involved, but did not set a strict deadline for ruling.In response, a spokesperson for USCIS defended the suspension, saying, “USCIS has suspended all adjudication of aliens from high-risk countries while USCIS works to ensure that all aliens from these countries are subject to the greatest possible review and screening. The suspension will allow for a comprehensive review of all pending benefit requests for aliens from designated high-risk countries. The safety of the American people always comes first.”“The ruling does not immediately apply to all affected immigrants, and the agency can still continue to impose pauses on those who are not part of the case. However, the court made it clear that the law does not allow for an indefinite and blanket freeze. Meanwhile, U.S. green card applicants continue to face long delays, with many waiting months or even years for their cases to be processed due to massive backlogs at USCIS.