US visa ban: Another lawsuit filed in US court against June 22 proclamation

As many as 245 family, employment and diversity-based applicants and their US sponsors sued the Donald Trump administration seeking immediate relief from the June 22 proclamation.

The proclamation banned the entry of skilled foreign workers such as H-1B, L-1 and J-1 visa holders into the US to protect American jobs on the back of the pandemic.

The ban impacted Indians and Indian IT firms significantly, given that they are one of the largest beneficiaries of the visa.

The lawsuit, representing plaintiffs from across the world, has named President Donald Trump, Secretary Michael Pompeo and the Department of State in San Francisco Federal Court.

An earlier judgment blocked the H-1B visa ban but the relief was only applicable to plaintiffs and their member organisations, leaving others out. This included organisations such as National Association of Manufacturers.

The lawsuit comes at a time when the President-elect Joe Biden is likely to do away with the executive orders after he assumes charge in January 2021.

Charles Kuck, one of the attorneys representing plaintiffs, said in a statement, “The plaintiffs cannot wait two more months to enter the United States on their diversity visas, reunite with their loved ones on family visas, and start their employment with employers who have already shown that there are no qualified workers for their jobs on their employment visas.”

“While the apparent election of Joseph Biden may change immigration policy in 2021, the plaintiffs need relief now and fully expect President Trump to extend the Proclamation when it expires on December 30th. Even if President Biden lifts the ban when he is inaugurated, it will take many months to get these cases back on track and plaintiffs are seeking a court order for that resumption to begin immediately,” said attorneys representing the plaintiffs in the statement.

The statement further added that Trump, Pompeo and the State Department have exceeded their authority under the Immigration and Nationality Act.

Jeff Joseph, one of the attorneys representing the plaintiffs, said in the statement that these people that are entering the US as lawful permanent residents.

Greg Siskind, an attorney from Memphis, Tennessee, stated that “the plaintiffs in this case have been scapegoated long enough by this Administration and while there are reasons to have hope after last week’s election, they should not have to wait until well into 2021 to get their visas.”