Federal Judge Issues Permanent Injunction Against Enforcement of Unlawful Presence Memo for F, J, and M Nonimmigrants

Today, a federal district court judge issued a nationwide permanent injunction against the U.S. Department of Homeland Security (DHS) from enforcing the August 9, 2018, policy memorandum by the U.S. Citizenship and Immigration Services (USCIS) that sought to greatly expand the situations in which nonimmigrants in F, J, or M status may begin accruing unlawful presence. The judge also granted summary judgement in favor of the plaintiffs – a group of colleges and universities. Summary judgement is a process by which a court can rule in favor of one party in a case without requiring a full trial.

The DHS has the option of appealing this ruling to the Fourth Circuit Court of Appeals. But, at least for the time being, this means that the government is prohibited indefinitely from enforcing this draconian rule. More details on the unlawful presence memo can be found in the MurthyDotCom NewsBrief, Analysis of USCIS Memo on Unlawful Presence for F, J, and M Nonimmigrants (18.May.2018).

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