A federal judge in Maryland has sided with a group of immigrants from countries flagged for terror risks and national security threats, blocking USCIS from pausing their green card applications.

U.S. District Court for the District of Maryland, Judge George L. Russell III, an Obama appointee,issued a sweeping preliminary injunctionon Friday, blocking USCIS Director Joseph B. Edlow from enforcing two key Policy Memoranda (PM-602-0192and PM-602-0194) that placed adjudicatory holds on green card (Form I-485) applications from nationals of dozens of “Countries of Identified Concern.”

These policies were a direct response to President Trump’s Presidential Proclamations10949and10998, which rightly restricted entry from high-risk nations lacking proper screening and vetting capabilities, such as Iran, Afghanistan, Syria, Venezuela, Eritrea, and more.

This is to enhance national security reviews to keep terrorists, criminals, and public safety threats out of our communities.

But this judge, in a 39-page Memorandum Opinion, ruled the holds “arbitrary and capricious,” claiming USCIS failed to adequately consider “reliance interests” of the 83 plaintiffs (many from these exact hot spots) who want their green cards processed ASAP. The court ordered the government to resume processing these applications, potentially within 30 days.

The 83 Maryland plaintiffs sued in January and asked for a preliminary injunction against the hold on applications by people from those countries. They alleged the indefinite pause would cause irreparable harm to their careers, businesses and families.

All but three of the plaintiffs are citizens of Afghanistan, Eritrea, Iran, Syria or Venezuela, which are all on the list; the other three are married to citizens of those countries. Twenty-five are spouses or children of the other 58.

Russell noted that many are scientists and researchers who are unable to attend international conferences while their residency applications are pending. Others alleged in the complaint that they have had to postpone decisions about having children due to the uncertainty.

Russell granted their request for a preliminary injunction, deciding to preserve the status quo before the indefinite pause. He ruled that the USCIS policy memorandum counts as a “final agency action” eligible for court review.

The order only applies to the 83 plaintiffs.

Source: The Gateway Pundit