Individuals not able to enter the U.S. under a Trump-era policy asked a federal judge to require the Biden administration to review and reconsider their denials. The banned travelers claim the Biden administration has not done enough to redress the damages they experienced due to the policy. The group consists of individuals in Muslim-majority countries that were banned from entry to the U.S. under Trump’s travel ban.

The Trump policy limited the individuals’ ability to enter the U.S., thereby ending their visa applications. Although there was a waiver program, the group claims it was restrictive and limited their ability to protect their visa process. Additionally, the waiver program was extremely limited. As a result, thousands of individuals were harmed by the policies.

Further, they claim the ban was illegal as federal rulemaking procedures were not followed. Agencies are required to ask for public feedback on proposed policies. For the ‘Muslim ban’, no such protocol was followed. The group claims the ban was illegal and all who were penalized by the policy should have their applications reconsidered.

The Biden administration lifted the ban and encouraged banned travelers who were denied green cards prior to January 2020 to reapply, with no application fee required. However, individuals who applied for nonimmigrant visas, including work visas, are not eligible for reconsideration. Even for those who are eligible to reapply without the application fee, additional costs will be incurred. The group asks for a more expansive definition of eligibility and asks that the government cover any secondary expenses.

ILBSG continues to monitor ongoing legal actions that may affect immigration. If you have questions about your green card, immigration status, or any immigration-related issue, contact us. We put our expertise and experience to work for you to ensure you get the right advice to maximize the odds of a successful outcome.

Banned travelers muslim ban