US Court Orders Resumption of Stalled Green Card Applications

A US federal court has delivered a significant legal blow to current immigration enforcement strategies, ruling that the government cannot indefinitely freeze green card applications for individuals linked to countries under travel restrictions.

The decision, handed down by Maryland District Judge George L. Russell III, clarifies that the US Citizenship and Immigration Services (USCIS) does not possess the discretionary power to simply stop adjudicating applications altogether.

According to the 39-page judgment, the policy previously maintained by the Donald Trump administration amounted to an unlawful and categorical pause that left dozens of applicants in legal limbo.

Judge Russell noted that many of those affected by the freeze are individuals already residing in the United States who have maintained lawful status for years.

The ruling specifically addresses a policy that halted processing for immigrants from 39 countries currently facing various travel bans or visa limitations.

Government legal representatives argued that federal agencies should maintain broad discretion over the timing and handling of such applications, citing national security and the Immigration and Nationality Act.

However, the court rejected the premise that the executive branch can refuse to reach a decision on these cases indefinitely.

The judge has now directed USCIS to restart work on the applications of 83 individuals involved in the specific lawsuit, though the court did not impose a rigid deadline for final decisions.

While the order provides immediate relief to the plaintiffs, it does not yet apply broadly to every immigrant affected by the wider policy.

The agency may still attempt to maintain the pause for those not explicitly part of the case, though the ruling establishes a clear legal precedent against blanket freezes.

The policy in question stems from presidential orders that restricted entry from certain high-risk nations, which USCIS subsequently applied to green card cases based on an applicant's country of birth.

Legal experts suggest the ruling highlights a growing tension between executive border policies and the statutory requirements for processing legal residency.

For many applicants, the pause has meant more than just a delay, as it has occasionally resulted in the expiration of underlying temporary visas while they wait for a green card determination.

The court emphasized that while the government can vet applicants thoroughly, it cannot use travel restrictions as a mechanism to bypass the administrative duty to process applications.

This development comes as the US prepares for the opening of several major immigration programmes later this year, which may now face different administrative hurdles following this judicial intervention.