Lawsuit challenges Trump's authority on immigration pause
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Almost two hundred people are suing the Trump administration over its decision to pause immigration casework from passport holders on the travel ban list.
Why it matters: Hundreds of thousands of people, already living the U.S., have been frozen in immigration limbo in the middle of navigating the legal system.
Driving the news: A lawsuit filed Friday in Boston's federal court alleges that the suspension of casework by the Department of Homeland Security and the U.S. Citizenship and Immigration Services office is not authorized by immigration or administrative law.
- The pause has stopped people from claiming asylum, getting work authorization, renewing student visas and processing green cards. It has even pulled people out of citizenship ceremonies, the last phase of the naturalization process.
- The lawsuit concedes that immigration law gives the president authority to bar people from entering the U.S. as it fits the country's interests.
- But the suit challenges the legal authority to freeze adjudications for people already in the country.
Catch up quick: There are 39 countries on the travel ban list, some with total restrictions on travel to the U.S., because of the national security concerns and those nationals overstaying their visas.
- But since December, this list is also being used against people living in the U.S. and navigating the legal immigration system.
- Being from one of these countries is now also a "significant negative factor" on an application.
What they're saying: "What is happening right now is just an administration that is bent on tormenting legal immigrants," said Jim Hacking, a lead attorney for the case.
- "People who are 'doing it the right way' are having their lives upended because this agency along with the Department of Homeland Security doesn't want to follow the law," he said.
Zoom in: The case filing shares the circumstances of the 197 initial plaintiffs in the case, including people who filed and paid for their applications.
- That includes students and scientists adjusting status to continue their research and training in the U.S., people renewing H1-B visas for work and people applying for family-based status. All are now living with uncertainty.
- The lawsuit is asking the court to vacate the pause as relief, which could benefit the plaintiffs as well as other people with similar circumstances.
The other side: "This is another baseless lawsuit that attempts to usurp the President's lawful authority in determining who enters this country. USCIS has paused all adjudications for aliens from high-risk countries while USCIS works to ensure that all aliens from these countries are vetted and screened to the maximum degree possible," said a DHS spokesperson in a statement.
- "The pause will allow for a comprehensive examination of all pending benefit requests for aliens from the designated high-risk countries. The safety of the American people always come first."
