Case Status: Filed

Gomez v. Trump

We challenged President Trump’s immigration ban in order to protect families from indefinite separation and to prevent the suspension of the U.S. visa system.

Written by Tess Hellgren — Posted in on May 28, 2020

UPDATE: On September 30, 2020, the district court in Gomez ordered the State Department to reserve 9,095 diversity visas for future processing.  The district court also certified the diversity visa subclass.  Innovation Law Lab, Justice Action Center, and the American Immigration Lawyers Association have been appointed as class counsel.

You are automatically a member of the certified class if you are a DV-2020 Selectee but have not yet received your 2020 Diversity Visa as of April 23, 2020.  You do not need to take any additional steps to become a member of the class, and you will not receive any documentation from the court or counsel about your membership.

Class counsel will send periodic emails to share any important updates on the status of the case.  If you would like to receive our email updates, please click here.

If you are a not a DV-2020 selectee but are a petitioner or beneficiary of a family- or employment-based immigrant or nonimmigrant visa, we are continuing to seek relief on your behalf.  We have appealed the district court’s decision to deny preliminary injunctive relief with respect to family- and employment-based visa categories and have requested that the U.S. Court of Appeals for the D.C. Circuit consider our appeal on an expedited basis.  The D.C. Circuit has granted our request to expedite and will set a hearing on the appeal in January 2021.

Innovation Law Lab and its partners have challenged President Trump’s immigration ban in federal court in order to protect families from indefinite separation and to prevent the suspension of the U.S. visa system.

The complaint asks the court to block President Trump’s Proclamation, signed on April 22 and expanded on June 22, which effectively suspends most immigration to the United States. In signing this immigration ban, the President has indefinitely separated thousands of families, thrown the business plans of companies into chaos, eliminated visa categories that allow hundreds of thousands of foreign nationals to live and work in the United States, and rejected decades of Congressional judgment. Family reunification is the cornerstone of U.S. immigration policy, but under this new Proclamation, thousands of families have been needlessly and cruelly separated from one another. Meanwhile, instead of protecting the U.S. labor force, the ban endangers the nation’s economy and reduces the global competitiveness of U.S. companies—to the detriment of U.S. workers.

The complaint was filed on behalf of family-based immigrant visa petitioners, diversity visa lottery winners, and nonimmigrant visa sponsors, including those who want to bring in healthcare professionals from abroad to help during the pandemic. Plaintiffs allege that the immigration ban violates their rights under the Immigration and Nationality Act and the Administrative Procedure Act and exceeds the scope of the President’s lawful powers.

The lawsuit was filed in the District Court for the District of Columbia by Innovation Law Lab, Justice Action Center (JAC), and the American Immigration Lawyers Association (AILA), with pro bono support from Mayer Brown LLP.



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