Immigration Law

Federal Court Enjoins Aug. 2018 USCIS 'Unlawful Presence' Policy Memo: Guilford College v. USCIS

Guilford College v. USCIS, May 3, 2019

"Plaintiffs’ lawsuit relates to the U.S. Citizenship and Immigration Services’ (“USCIS”) issuance and application of the August 9, 2018 Policy Memorandum, PM-602-1060.1, titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” (the “August 2018 Policy Memorandum” or the “Policy Memorandum”). ... The Court ... concludes that Plaintiffs have demonstrated a likelihood of success with respect to their claim that the August 2018 Policy Memorandum was promulgated in violation of the APA’s notice and comment procedures for rulemaking. ... The Court also finds that Plaintiffs will likely succeed on their claim that the August 2018 Memorandum conflicts with the INA. ... the Court hereby enjoins implementation, in all applications, of the memorandum titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” issued by Defendant United States Citizenship and Immigration Services on August 9, 2018 and bearing the file number PM-602-1060.1, as well as the memorandum with the same title issued on May 10, 2018 and bearing file number PM-602-1060, until further order of this Court."