Cases & Decisions, Federal Court Cases

AILA and Partners File Complaint on Unlawful Suspension of Visa Processing

10/11/21 AILA Doc. No. 21040834. Admissions & Border, Consular Processing

October 5, 2021

The U.S. District Court for the District of Columbia granted the plaintiffs’ motion for summary judgment, holding that DOS’s interpretation of several Presidential Proclamations to prevent U.S. consulates and embassies in those countries from adjudicating visas was unlawful. Specifically, the court found that DOS’s refusal to issue visas to individuals from countries subject to regional travel restrictions without a National Interest Exception (NIE) violated INA §212(f). (Kinsley, et al. v. Blinken, et al., 10/5/21)

June 11, 2021

On June 11, 2021, the plaintiffs filed a motion for preliminary injunction, or in the alternative, summary judgment. The plaintiffs request that the court grant summary judgment and order DOS to resume processing visas in countries subject to regional travel restrictions or in the alternative, grant a preliminary injunction.

April 7, 2021

AILA and partners filed a complaint on behalf of a class of noncitizens who have been prevented from entering the U.S. due to an unlawful suspension of visa processing. (Kinsley, et al., v. Blinken, et al., 4/7/21)

The complaint states:

Defendants have unlawfully relied on certain suspensions on entry that apply to individuals who were physically present in the Islamic Republic of Iran, the People’s Republic of China, the Federative Republic of Brazil, South Africa, the Republic of Ireland, the United Kingdom, and the Schengen area of Europe (“designated countries”) during the 14-days prior to seeking entry. These regional entry bans based on presence allow for entry after the individual has remained outside the designated countries for 14 days. However, Defendants have refused to issue visas to Plaintiffs which would allow them to quarantine in a third country for fourteen days prior to seeking entry.

Cite as AILA Doc. No. 21040834.