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AILA Challenges USCIS’s Plan to Stop Accepting Current Editions of Certain Forms Despite Failing to Publish New Editions

AILA filed suit in United States District Court for the District of Columbia to ensure a workable transition over to new forms as the administration seeks to implement the public charge rule. The complaint seeks to immediately enjoin U.S. Citizenship and Immigration Services (USCIS) from moving forward with its arbitrary and capricious plan to stop accepting the current versions of Forms I-485, I-129, I-539, I-864, and I-864EZ, if postmarked on or after October 15, 2019, despite having failed to publish necessary revised and new forms. (American Immigration Lawyers Association, et. al. v. Cuccinelli, 10/7/19)

Note: On October 7, 2019, Judge Friedrich entered a minute order, ordering the government to respond to AILA’s request for a temporary restraining order and address the issues of standing and irreparable harm by October 8, 2019, at midnight (ET). On Friday, October 11, 2019, the U.S. District Court for the District of Columbia issued an order in AILA’s lawsuit to halt the new forms and capricious deadline, taking note of the New York and California injunctions granting the same relief AILA requested, and ordering the parties to advise the court if and when any of those orders are terminated.

Timeline for American Immigration Lawyers Association, et. al. v. Kenneth Cucinnelli, et. al., Case No. 1:19-cv-02835-DLF (D.D.C. 2019)

  • Complaint filed October 7, 2019;
  • Motion for Temporary Restraining Order filed October 7, 2019;
  • Government’s opposition filed October 9, 2019;
  • Court order staying proceedings issued October 11, 2019;
  • Joint motion to dismiss filed December 10, 2019;
  • Court’s Order granting motion to dismiss issued December 10, 2019.

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Cite as AILA Doc. No. 19100732.

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