Judge orders feds to process visa applications in limbo
Three policies issued by federal agencies removing a pathway to a green card were ruled to cause irreparable harm to immigrants who already started an application this year.
SAN JOSE, Calif. (CN) — A federal judge vacated three federal policies related to a stoppage approving immigration visas Friday, ruling they are considered final action by the government and have immediate consequences for noncitizens trying to apply for green cards.
In December 2025, the U.S. Citizenship and Immigration Services and the U.S. Department of State issued two policies that place indefinite holds on green card applications and adjustment of diversity visa status.
And in February, the Department of State issued a notice pausing visa approval from 75 countries, requiring consular officers to refuse all immigrant visa applicants until the agency develops new guidance for consular officers to assess if an applicant might become dependent on public assistance once in the U.S. The notice was issued with no date on lifting the pause.
Senior U.S. District Judge Edward Davila granted in part a preliminary injunction to temporarily reopen the processing of visa applications. He also granted in part class certification of subclasses for those whose diversity visas, either under an Immigration Services or the Department of State policy, are currently on indefinite hold.
"Plaintiffs contend the three policies affect plaintiffs' rights — by indefinitely pausing final adjudication, plaintiffs lose the opportunity to obtain lawful permanent residency and all the benefits that accompany it, i.e., the ability to live, work, and study in the United States. And the possibility that the policies may be revised in the future does not defeat finality," the Barack Obama appointee wrote in his 23-page ruling.
"The court agrees with plaintiffs' characterization of the policies. Despite their temporary characterizations, there is no indication when, or if, they will be lifted or modified, and in the interim, the policies have upended the normal diversity visa processing procedures and had immediate legal consequences on plaintiffs," he wrote.
Under the diversity immigrant visa program, the Department of State holds a lottery in which it randomly selects noncitizens from countries with historically low rates of U.S. immigration for the opportunity to apply for a green card. If an applicant is in the U.S. under a different visa at the time of selection, they must a submit form with Immigration Services to adjust their status to permanent resident.
Selection to the program does not guarantee a visa, just the ability to apply for one. Generally, the Department of State selects up to 55,000 immigrants to start the application process for each fiscal year.
Davila was not convinced by the government's arguments that the policies did not indicate final agency action, a necessary step to grant a preliminary injunction.
"The characterization of the policies as 'temporary' does not exempt them from judicial review under the Administrative Procedure Act," he wrote.
Davila also wasn't persuaded by the government's arguments that processing the visas currently in limbo would be a bureaucratic nightmare.
"Defendants highlight that … diversity visa adjudication requires extensive discretionary decisions made by thousands of consular officers and USCIS officials. This is true. Rather than challenging the determination of any one application — an area in which the court likely lacks jurisdiction in any event — plaintiffs challenge the agencies' categorical decisions to cease adjudication and/or approval of the applications all together," wrote Davila.
"Defendants' argument that it would be difficult for them to comply with any order requiring adjudication within a certain time period, or that there are individual issues with certain class members that may prevent them from actually having their applications adjudicated, is irrelevant."
The class action was filed in June in Northern California federal court and names President Donald Trump, White House Deputy Chief of Staff Stephen Miller, Secretary of State Marco Rubio, Director of U.S. Citizenship and Immigration Services Joesph Edlow, Homeland Security Secretary Markwayne Mullin and U.S. Attorney General Todd Blanche as defendants.
Attorneys representing the class and federal officials did not immediately respond to requests for comment.