Concerning Impact of Preliminary Stay in Gomez v. Trump on DV-2020 Selectees
AILA Doc. No. 20090838 | Dated September 8, 2020
On September 4, 2020, the U.S. District Court for the District of Columbia granted preliminary relief in part in Gomez, et al., v. Trump, et al., a lawsuit filed by AILA, Justice Action Center, and Innovation Law Lab, with pro bono support from Mayer Brown LLP, to challenge the presidential proclamations suspending entry of certain immigrants (PP10014) and nonimmigrants (PP 10052).
The court found that the plaintiffs, including those in three related lawsuits, are likely to succeed on their claims related to DOS’s non-processing of 2020 diversity visa (DV) applications. The Court ordered the State Department to immediately undertake good-faith efforts to expeditiously process and adjudicate, issue, or reissue visas for DV-2020 diversity visa applicants and their beneficiaries by the September 30, 2020 deadline. The Court indicated that he would revisit the plaintiffs request to extend the deadline at the September 25, 2020 status conference between the parties.
Members with DV-2020 selectee clients should immediately request an emergency visa appointment at their local consulates and ask to be treated as “mission critical.” AILA members with clients in need of emergency appointments, are advised to make these requests through the normal expedite process within the post’s appointment system, or by contacting the consular section’s email, if available. AILA’s DOS Liaison Committee has compiled a list of public facing email addresses for consular posts, where available. It would be wise to ensure that the urgency of the issue and the issue itself be flagged in the subject line and at the top of any correspondence.
Any DV selectees that are either denied an appointment or don’t receive a timely response, should complete this form from Innovation Law Lab, which seeks to collect this information to update the Court concerning whether the administration is promptly and properly adhering to the order.
Members can find more information on the IV and NIV bans on AILA’s “Resources Related to Presidential Proclamations Temporarily Suspending Entry of Certain Immigrants and Nonimmigrants into the United States” page. This page includes copies of the proclamations, summaries, FAQ documents, and relevant information provided by federal agencies and gathered throughout litigation. AILA will continue to provide members with an update on this issue and others related to the proclamations.