Judge Orders USCIS to Resume I-765 Permits for 39-Country Freeze
Updated
Updated · courthousenews.com · Jul 8
Judge Orders USCIS to Resume I-765 Permits for 39-Country Freeze
3 articles · Updated · courthousenews.com · Jul 8
Summary
U.S. Magistrate Judge Virginia DeMarchi ordered USCIS to restart processing I-765 work permits, partially granting a preliminary injunction sought by 137 foreign nationals from 15 countries.
The San Jose judge said USCIS has a non-discretionary duty to decide immigration benefit applications within a reasonable time and that the freeze memos can be challenged under the Administrative Procedure Act.
The halted permits affect groups including foreign students, asylum seekers, green card applicants and spouses of visa holders, who argued delays threatened their jobs, legal status and livelihoods.
The ruling builds on a June decision by a Rhode Island federal judge that vacated four USCIS policies blocking applications from nationals of 39 countries; DeMarchi also refused to pause the case during the government's appeal.