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Nearly 245 family, employment and diversity-based US visa applicants have filed a further lawsuit against outgoing President, Donald Trump’s, US visa ban. The lawsuit demands immediate relief from the Trump proclamation, issued on June 22, which bans US entry for skilled workers on H1B, L1 and J1 visas.
The ban was imposed amid the coronavirus pandemic under the guise of ‘protecting American jobs’, with more than 40 million people reportedly left out of work. The ban sparked criticism from the American business community and immigrant advocacy groups.
Indian IT firms, which rely heavily on H1B visas, were seemingly hardest hit. While an earlier ruling blocked a ban on H1B visas, relief was only applicable to plaintiffs and their member organizations while excluding others.
Trump, Pompeo and Department of State named
The latest lawsuit, filed in a San Francisco Federal Court, names outgoing US President, Donald Trump, Secretary of State, Mike Pompeo and the Department of State. It comes amid speculation that President-elect Joe Biden will scrap a number of Trump’s immigration executive orders when he takes office in January 2021.
In a statement, attorney Charles Kuck, who is representing the plaintiffs, said: “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.”
Meanwhile, a joint statement issued by other attorneys involved in the lawsuit said: “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,” attorneys added.
Exceeded their authority
The lawsuit accuses Trump, Pompeo and the Department of State of ‘exceeding their authority’ under the Immigration and Nationality Act.
Another attorney representing the plaintiffs, Jeff Joseph, said: “The people applying for US H1B, J1 and L1 visas are doing so legally and should not be barred entry.”
Attorney from Memphis Tennessee, Greg Siskind, said: “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.”
The current US visa ban is set to run until the end of 2020, and with Trump remaining in office until January 2021, there are fears that he will extend the ban beyond the end of the year.
In October, Workpermit.com reported that Judge Jeffery White of the Federal Court for the Northern District of California had partially lifted Trump’s ban.
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