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Update:
- On March 30, a class of visa-seekers denied a waiver by former President Donald Trump’s administration’s travel ban sent a letter to a California federal judge stating the government “reneged” on its promise to reconsider 41,000 applicants.
- The visa-seekers state more litigation may be needed, claiming the government “declined to recognize” that any agreements were made.
- The agreement between the visa-seekers and the government said the Consular Electronic Application Center would contact 41,000 previously denied applicants.
- The agreement also stated the government would post on the U.S. State Department’s website that visa-seekers could reapply without another application fee.
- The government told the court in February it faced technical delays, but U.S. District Judge James Donato gave it an April 19 deadline and expressed concern that the process was moving too slow.
Denied visa applications overview:
- Who: President Joe Biden’s administration has come to a settlement agreement with more than 41,000 non-immigrant visa applicants who were previously denied waivers during the Trump administration’s travel ban.
- Why: The settlement agreement resolved claims that the government’s decision to repeal the travel ban and allow certain applicants to reapply was not sufficient relief.
- Where: The claims against the government were brought in California federal court.
(Feb. 15, 2023)
The federal government has reached a settlement agreement with more than 41,000 non-immigrant visa applicants who were previously denied waivers during the Trump administration’s travel ban.
The government said it would now reconsider the visa applicants, with the agreement ending allegations that it had failed to fulfill its responsibility to adjudicate live claims, reports Law360.
The Biden administration will begin notifying — both directly and indirectly — denied visa applicants that they can begin reapplying for a non-immigrant visa without having to pay an additional submission fee, according to the court.
“The government may set a reasonable time limit for the individuals to reapply. There will be no refunds provided to any individuals who may already have reapplied and paid a second fee,” the judge overseeing the agreement said in an order formalizing it.
The government said that it may also require individuals who re-apply for a non-immigrant visa to update or start over depending on how the “relevant laws and regulations mandate.
“Plaintiffs agree that once the government has taken these steps, plaintiffs will have obtained the totality of the relief they are seeking in these cases,” the order said.
Judge previously ordered Biden administration to create plan to sufficiently address injuries caused by ‘Muslim Ban’
The judge overseeing the claims ordered the Biden administration in August to come up with a plan to sufficiently address injuries caused by the prior administration’s travel restrictions on individuals from certain Muslim-majority countries, Law360 reports.
Critics of the controversial Trump administration travel ban referred to it as the “Muslim Ban.” The Biden administration, meanwhile, reportedly argued that its repeal of the ban and inviting certain applicants to reapply should have been sufficient relief.
The judge, however, determined that simply repealing the travel ban failed to address costs and expenses that would be incurred by applicants who would make the choice to reapply, Law360.
The government’s invitation for certain applicants to reapply also failed to cover 28,000 individuals who had been unable to get work or other nonimmigrant visas, according to the claims.
A class action lawsuit was filed against the Trump administration in 2018 by an individual arguing that the travel ban was unconstitutional under the Fifth Amendment, among other things.
Were you denied a non-immigrant visa during the Trump administration’s travel ban targeting majority-Muslim countries? Let us know in the comments!
The Denied visa applications cases are Emami v. Nielsen, et al., Case No. 3:18-cv-01587, and Pars Equality Center, et al. v. Pompeo, et al., Case No. 3:18-cv-07818, in the U.S. District Court for the Northern District of California.
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