A group of religious organizations that employ non-immigrant workers (workers who are in the United States temporarily) brought a lawsuit against the United States Citizenship and Immigration Services and other governmental entities alleging that the exclusion of religious organizations from a “concurrent filing” rule that allowed for an expedited process for individuals to attain permanent resident status and to remain in the country while their application was pending violated the plaintiffs’ First and Fourteenth Amendments as well as the Religious Freedom and Restoration Act, the Immigration and Nationality Act, and the Administrative Procedures Act. The district court dismissed the APA claim as time-barred and entered summary judgment in favor of the defendants on the remaining claims. The Seventh Circuit remanded the APA claim based on recent changes to Supreme Court law, but found no error in the summary judgment decision and affirmed dismissal of the remaining claims. (ST. EVE and PRYOR, concurring)
Federal 7th Circuit Court
Civil Court
Immigration Law