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Immigration Law

TPS Beneficiaries Sue Cuccinelli

CLINIC, Aug. 26, 2020

"CLINIC, along with Democracy Forward Foundation, Montagut & Sobral PC, and Debevoise & Plimpton LLP, represents seven Temporary Protected Status beneficiaries and CARECEN in a lawsuit against the Trump administration challenging an unlawful policy change that harms many TPS beneficiaries.  The lawsuit, which was filed on Aug. 26, 2020 in the U.S. District Court for the District of Columbia, challenges a U.S. Citizenship and Immigration Services policy issued in December 2019. That policy eliminates the ability for TPS beneficiaries with prior removal orders to apply to adjust status with USCIS even though they departed the United States and returned with USCIS permission. The suit challenges the policy change as unlawful under the Administrative Procedure Act and the Constitution’s Due Process Clause, and because its author, Ken Cuccinelli, was not legally appointed to direct USCIS."