A federal magistrate judge in California has ordered U.S. Citizenship and Immigration Services to restart processing work permits for foreign nationals after the agency froze applications from people in 39 “high risk” countries earlier this year. The ruling marks the second time in a month federal courts have blocked the administration’s attempt to halt these permits without formal rulemaking.
U.S. Magistrate Judge Virginia DiMarchi in San Jose partially granted an injunction Wednesday in a lawsuit brought by 137 foreign nationals from 15 countries including Afghanistan, Iran, Nigeria and Venezuela. The plaintiffs argued that delays in processing their I-765 employment authorization applications threatened their legal immigration status and their ability to support themselves.
Judge Rejects Government’s Immunity Claims
The Justice Department had argued the freeze was shielded from court review under the Immigration and Nationality Act. DiMarchi disagreed, finding that USCIS policy memos directing staff to stop processing certain applications qualify as final agency actions that can be challenged under the Administrative Procedure Act.
That law governs how federal agencies make major policy changes. The ruling suggests USCIS cannot simply issue internal directives to halt entire categories of applications without following the APA’s requirements for public notice and comment.
Second Court Defeat in Thirty Days
The decision follows a similar rebuke from a federal judge in Rhode Island last month, indicating the administration faces a pattern of losses on this policy. DiMarchi noted other courts in similar litigation have already vetted and rejected the government’s jurisdictional arguments.
The case highlights a tension between executive branch efforts to tighten immigration enforcement and administrative law requirements that bind all federal agencies. Work authorization applicants from the 39 designated countries remain in the United States legally under various visa categories while their employment permits are pending. Without those permits, they cannot legally work even while maintaining valid immigration status.
The partial injunction means USCIS must resume processing at least some of the frozen applications while the underlying lawsuit proceeds. The government has not yet indicated whether it will appeal.
Key Points
- Federal judge ordered USCIS to resume processing work permits frozen earlier this year for applicants from 39 “high risk” countries
- Court rejected government claims that internal policy memos are immune from judicial review under administrative law
- Second federal court defeat in 30 days for administration’s attempt to halt employment authorizations without formal rulemaking
https://www.courthousenews.com/citizenship-and-immigration-services-ordered-to-resume-processing-work-permit-applications/ – July 09, 2026
