A federal judge rejected on Wednesday the Trump administration's emergency request to reinstate the freeze on processing certain immigration applications at the U.S. Citizenship and Immigration Services (USCIS), a decision that keeps the review of applications submitted by nationals from 39 countries, including Cuba, in effect while the legal proceedings continue.
Judge John J. McConnell Jr. of the U.S. District Court for Rhode Island concluded that the Government did not demonstrate that it was likely to prevail in the appeal nor that it would suffer irreparable harm if USCIS continues processing the files, reported The Boston Globe.
The decision, outlined in a 28-page ruling issued just hours after a hearing in Providence, upholds the court order issued on June 5, which annulled four internal policies of USCIS that had halted applications for permanent residency, work permits, citizenship, and asylum for immigrants from 39 countries in Africa, Asia, Latin America, and the Middle East.
During the hearing, McConnell was particularly critical of the defense presented by Department of Justice attorney Tyler Becker, who argued that the suspension of proceedings was due to national security concerns.
"We are talking about individuals who have lived in this country, in some cases for decades, who file applications legally and try to follow the rules. 'Where does the law authorize USCIS to exercise unlimited discretion?' asked the judge."
The judge also dismissed a statement made by USCIS Deputy Director Angelica Alfonso-Royals, who justified the restrictions by citing supposed difficulties in verifying information in Ethiopia, Liberia, and Pakistan—countries that are not even among the 39 nationalities impacted by the contested policies.
"How can I take seriously a statement that presents wholly inadmissible evidence? [...] There is no evidence of irreparable harm," McConnell wrote in his resolution.
The magistrate stated that the real harm had been suffered by the affected immigrants.
"For more than six months, countless immigrants living in the United States lost their jobs, their legal status, and the ability to plan for their future solely based on their nationality, not because they had committed any crime," he stated.
Additionally, he recalled that the government itself had complied with the court order for weeks without showing that it had caused negative consequences.
It does not mean automatic approvals
Lawyer Ryan Cooper from the organization Democracy Forward, representing the plaintiffs, informed the court that several immigrants have already begun to receive notifications to take the citizenship oath, a process that had been suspended due to the now-overturned policies.
Cooper warned that if the court had granted the government's request, thousands of cases would have been stalled once again "for months, if not years."
The court's decision, however, does not imply automatic approval of applications. USCIS will need to continue reviewing each case according to the requirements set forth by immigration law.
It also does not modify the entry restrictions resulting from the travel ban nor does it affect the independent suspension that the State Department maintains on certain categories of visas processed from abroad.
The case is still under appeal
The legal battle is not over yet. The Trump administration is maintaining its appeal before the First Circuit Court of Appeals and may directly request that court to suspend McConnell's order while the litigation is resolved.
Meanwhile, Republican Congressman from Florida Greg Steube introduced a resolution to impeach the magistrate, accusing him of jeopardizing national security.
For her part, Skye Perryman, president of Democracy Forward, praised the decision and stated that immigrant families who have followed legal procedures "should not be subjected again to uncertainty due to discriminatory policies," while also asserting that the ruling reaffirms the government's obligation to operate within the framework of the law.
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