Impact of Court Decision on CSS Class Members
Prior to May 1998

In a February 6, 1998 memorandum, the Immigration and Naturalization Service (INS) discusses their response to a January 16, 1998 Ninth Circuit decision. CSS Class members are no longer entitled to work authorization, stays of removal, or any other immigration benefit based on their CSS class membership. The Ninth Circuit recently issued an opinion vacating all orders and remanded the case to the District Court with instructions to dismiss.

Effective as of 2/6/98, CSS class members are no longer entitled to EADs or stays of removal, and may be placed in expedited removal. The memorandum notes that some of these individuals may be eligible for other benefits, such as NACARA class membership.

The Court's order does not affect outstanding orders in LULAC (Newman) and Zambrano. Until further notice, the INS will continue to renew or extend employment authorization, in one-year increments, and stay the removal of class members in LULAC and Zambrano. LULAC and Zambrano class members do not pay fees for extensions of employment authorization.

LULAC and Zambrano class members must obtain advance parole prior to departing the United States and can be properly placed in removal proceedings, including expedited removal, if they attempt to reenter without having obtained advance parole.