A U.S. federal court has handed a significant reprieve to immigrants affected by stalled green card processing, ruling that the Donald Trump administration cannot indefinitely freeze applications linked to countries under travel restrictions, ahead of the programme’s opening later this year.
In a detailed judgment, the court found that the policy adopted by the U.S. Citizenship and Immigration Services (USCIS) amounted to an unlawful and indefinite pause on immigration benefits, according to Reuters.
According to the judgment, the country’s immigration authorities do not have the discretion to simply stop adjudicating applications altogether, especially for individuals who have already met submission requirements.
Consequently, the USCIS has been ordered to immediately resume processing applications for at least 83 affected individuals who were part of the legal challenge, setting a precedent for similar cases.
At the centre of the dispute was a sweeping policy that halted green card processing for applicants from 39 countries affected by travel bans and visa restrictions, many of whom were already legally residing in the United States.
Critics argue that the move unfairly punished immigrants who had followed due process, with some having lived in the U.S. for years and contributed to sectors such as healthcare, science, and technology, according to The Times of India.
According to court documents, many of those affected had even secured special considerations, such as national-interest waivers, further indicating the impact of the prolonged delays on skilled professionals.
The ruling also comes at a time when there is wider scrutiny of immigration policies introduced by President Trump, including travel bans and stricter vetting guidelines tied to applicants’ backgrounds and public expressions.
Some guidelines from the Department of Homeland Security have raised constitutional concerns, particularly around free speech, after suggesting that certain political activities could trigger additional scrutiny.
The development also comes months after the administration temporarily suspended the Diversity Visa lottery programme following a security incident, reigniting debate over the programme’s future.
This is a boost for many countries, including Kenya, which has long benefited from the programme, granting several Kenyans access to the U.S.
The Diversity Immigrant Visa, commonly referred to as the green card visa lottery, is a U.S. government initiative which grants foreigners the permit to enter the U.S. at a low rate.
