Judge orders feds to process visa applications in limbo

A federal judge in San Jose vacated three federal policies that had frozen green card and diversity visa processing, ruling they constitute final agency action with immediate consequences for applicants. Senior U.S. District Judge Edward Davila granted a preliminary injunction reopening processing and certified subclasses of visa applicants whose cases had been placed on indefinite hold.

The policies, issued by USCIS and the State Department in December and February, paused diversity visa adjustments and required consular officers to refuse immigrant visa applicants from 75 countries pending new guidance, with no stated end date. Davila rejected the government's argument that 'temporary' labeling shields the policies from review, and dismissed claims that compliance would be administratively burdensome.

The class action, filed in June, names President Trump, Stephen Miller, Secretary of State Marco Rubio, USCIS Director Joseph Edlow, DHS Secretary Markwayne Mullin and Attorney General Todd Blanche as defendants. Neither the plaintiffs' attorneys nor federal officials responded to requests for comment.

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