AILA lawsuit

[Holdanna 8]

Anyone have any news regarding the lawsuit filed by the AILA against Trump and Pompeo? I think it was heading to court on 8/27. They are suing to reinstate processing of all categories. Thanks

[Crazy Cat 41,985]

I think the suit will go nowhere. The POTUS has broad authority by law  in immigration matters.

Edited August 30, 2020 by Lucky Cat

[NancyNguyen 1,657]

11 minutes ago, Holdanna said:

Anyone have any news regarding the lawsuit filed by the AILA against Trump and Pompeo? I think it was heading to court on 8/27. They are suing to reinstate processing of all categories. Thanks

Not gonna go anywhere, there has been many lawsuits over the years.

[JeanneAdil 6,583]

Complete list of all AILA has tried to do and the outcome

 

https://www.aila.org/advo-media/issues/all/covid-19

 

nothing changed in any of these protests not even from the 8/21 letter from 3 Senators

simply stated this administration is changing immigration without the Senate making new laws and rules

[geowrian 22,337]

INA 212(f) allows the POTUS to restrict entry of any class of aliens. So long as the does not conflict with other laws (e.g. basing it on race, sex, etc.), then there really isn't a strong basis to challenge it. It's not some countries or types of individuals are being preferred over others...any restrictions are entirely by visa class. Reasonable exceptions are available. Processing capabilities are restricted due to both world events and local conditions. A plan is in place by DOS to resume full operations.

 

I really can't see much coming from a lawsuit here, sorry. Asking a court to dictate priorities of a department or agency is something they really don't want to do or get involved with. It's one thing if there was evidence suggesting they had the capacity to handle more and were intentionally delaying it, but to date there is nothing suggesting that is the case. They're working with what they have available.

 

If this is more about the EO banning certain immigrant visa categories, then not only do they have to overcome INA 212(f) deference, but the challenge would be showing anybody that has standing. If they are not processing those visa categories yet, then whether there is a ban or not is irrelevant.

Edited August 30, 2020 by geowrian

[Just Paul 4,595]

Zeron, nada, zilch chance to have any affect.   If AILA or anyone wanted to make a change they would change the laws.   That is they way it works.  The suit is simply to magnify a perceived problem as political rather than logistical.  I am very good friends with several current a retired foreign service officers.  None of them are returning to overseas, none of them are being asked to go if they are uncomfortable with the COVID situation.

[LittlePenguin 15]

There is a FB group in which members constantly give updates about the lawsuit. You can find it here (Social media link removed.)

 

Quick interesting point: the law gives POTUS a right to restrict entry of certain individuals but never says it allows the president to stop issuing visas.

 

From judge Mehta: " “‘Suspend the entry of’ — it doesn’t say anything about rendering anybody ineligible to receive [a visa],” Mehta said, after reading from the immigration statute at issue in the case"

Edited August 31, 2020 by Unlockable
Social media link removed for privacy safety reasons.

[geowrian 22,337]

1 minute ago, LittlePenguin said:

Quick interesting point: the law gives POTUS a right to restrict entry of certain individuals but never says it allows the president to stop issuing visas.

Semantics...if one is barred from entry under INA 212(f), then they are ineligible. Being ineligible to enter on a visa is a valid reason to refuse the visa.

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXX.pdf

 

Nothing is going to compel DOS to issue a visa to somebody who cannot use it.

 

If the reference was with regard to routine visa processing being suspended, then POTUS cannot directly order that. And he has not (no EO exists to do so). DOS leadership can and has.

[LittlePenguin 15]

5 minutes ago, geowrian said:

Semantics...if one is barred from entry under INA 212(f), then they are ineligible. Being ineligible to enter on a visa is a valid reason to refuse the visa.

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXX.pdf

 

Nothing is going to compel DOS to issue a visa to somebody who cannot use it.

 

If the reference was with regard to routine visa processing being suspended, then POTUS cannot directly order that. And he has not (no EO exists to do so). DOS leadership can and has.

I agree with you, what the point of getting visas if you can not enter the country. But the law does not give the President power to order DOS to stop processing and issuing visas, I think it's out of his broad authority.

[igoyougoduke 1,662]

6 hours ago, Lucky Cat said:

I think the suit will go nowhere. The POTUS has broad authority by law  in immigration matters.

Highly doubt any of that is true.

[igoyougoduke 1,662]

50 minutes ago, geowrian said:

Semantics...if one is barred from entry under INA 212(f), then they are ineligible. Being ineligible to enter on a visa is a valid reason to refuse the visa.

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXX.pdf

 

Nothing is going to compel DOS to issue a visa to somebody who cannot use it.

 

If the reference was with regard to routine visa processing being suspended, then POTUS cannot directly order that. And he has not (no EO exists to do so). DOS leadership can and has.

Not being able to enter on the visa does not mean Consulates  are barred from issuing Visa.  Issuing Visa vs being not able to enter on the Visa are completely different things. Hawaii vs Trump case is highly being cited by the government in all cases but case was a national security issue and cannot be used to generalize for the broader population who have no national security concerns. Government will lose all the cases.

[Crazy Cat 41,985]

3 minutes ago, James120383 said:

Highly doubt any of that is true.

""Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants,""

 

That looks pretty broad to me.

[igoyougoduke 1,662]

6 hours ago, Holdanna said:

Anyone have any news regarding the lawsuit filed by the AILA against Trump and Pompeo? I think it was heading to court on 8/27. They are suing to reinstate processing of all categories. Thanks

we will know this week or next. Judge did say a decision will come down fast as September deadline is coming fast. 

[igoyougoduke 1,662]

1 minute ago, Lucky Cat said:

""Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants,""

 

That looks pretty broad to me.

none of that are related to issuance of visas.

[Crazy Cat 41,985]

2 minutes ago, James120383 said:

none of that are related to issuance of visas.

You said that you doubt POTUS has broad powers regarding immigration.

Edited August 31, 2020 by Lucky Cat