Filed Date: May 28, 2020
Closed Date: Sept. 27, 2024
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This case involves a dispute about visa processing. Following a March 20, 2020 decision by the State Department to cease most visa services, President Trump issued Presidential Proclamation 10014 on April 20, suspending the entry of all immigrants into the U.S. for two months, unless they qualified for an exception. Two months later, the entry suspension was extended to December 31, 2020 and expanded to include temporary nonimmigrant visas in Proclamation 10052. As a result, the State Department suspended review and adjudication of visas for non-excepted applicants (the No-Visa Policy).
Many groups were affected, including diversity lottery (DV-2020) winners who had not yet been issued a visa and who would not have their eligibility carry over into the next year, and minors who would age out of the preferential treatment for which they were eligible.
On May 28, 2020, U.S. citizens and lawful permanent residents who had sponsored noncitizen minor children or other relatives for immigrant visas filed this class action lawsuit against President Trump, the State Department, and the Department of Homeland Security in the U.S. District Court for the District of Columbia, with Judge Amit P. Mehta presiding. The plaintiffs sought a preliminary and permanent injunction preventing the government from acting to “deny or refuse consideration” of their visa petitions, a declaration that the Proclamations were unlawful, and attorney’s fees. They sued under the Administrative Procedure Act (APA) (5 U.S.C. § 706) and the Immigration and Nationality Act (8 U.S.C. §§ 1182, 1185), and alleged that the Proclamation was unconstitutionally vague such that the defendants’ conduct exceeded their authority in violation of the separation of powers doctrine and violated the plaintiffs’ rights under the Due Process Clause.
On June 2, the plaintiffs moved to certify a class of visa sponsors whose beneficiaries or derivative beneficiaries were subject to the Proclamations and at risk of aging out. The plaintiffs additionally filed an emergency motion for a temporary restraining order.
On June 23, Judge Mehta denied these two motions because the plaintiffs failed to show that a justiciable case or controversy existed. Specifically, Judge Mehta found that the plaintiffs had not shown that they faced imminent injury because some of the plaintiffs’ minor beneficiaries had successfully applied for visas under the “national interest exception” (a separate administrative procedure), and others had been unable to apply for visas for reasons unrelated to the Proclamations. Because none of the named plaintiffs had established a case or controversy with the defendants, the court concluded that they were not entitled to seek relief on behalf of themselves or any other member of the proposed class. 2020 WL 3429786.
The plaintiffs then amended their complaint on July 17, 2020, adding as plaintiffs corporations that were unable to hire necessary workers because the Proclamations blocked the issuance of certain work visas and the completion of immigrant visa applications based on selection in the 2020 diversity visa lottery before the September 30 deadline to remain eligible for entry. They also proposed the following four subclasses:
1. Those who will be unable to receive their diversity visas before Sept. 30 deadline, and will thus be unable to immigrate.
2. Citizens who have sponsored an immediate relative who now cannot immigrate.
3. Lawful permanent residents who have an “approved immigrant visa petition for a preference relative” who, because of the Proclamations, will be unable to immigrate.
4. U.S. employers whose employees or potential employees cannot now immigrate.
The plaintiffs filed a motion for a preliminary injunction enjoining the defendants from enforcing the Proclamations on July 31, 2020.
While these proceedings were going on, several states and the District of Columbia also filed an amicus brief arguing that immigrants were good for their economies and that the presidential action would hurt their recovery. Many influential companies later filed an amicus brief as well, arguing that they would suffer serious economic harm from the proclamations. The companies included Adobe, Amazon, Apple, Microsoft, Paypal, Reddit, Twitter, Uber Technologies, and Zillow.
Additionally, three other suits filed between July 10, 2020 and August 5, 2020 were fully consolidated with this case on August 13: Aker v. Trump, No. 20-cv-1926; Mohammed v. Pompeo, No. 20-cv-1856; and Fonjong v. Trump, No. 20-cv-2128. In all of these cases, the plaintiffs were diversity visa selectees and derivative beneficiaries challenging Presidential Proclamations 10014 and 10052 under the APA; two (Mohammed and Fonjong) were filed by the same law firm.
Judge Mehta also partially consolidated Panda v. Wolf, No. 20-cv-1907, with this case to the extent that Panda raised similar issues. Panda involved an APA challenge to Proclamation 10052, but also included an equal protection argument that the government's conduct disparately impacted Indian nationals. On September 16, Judge Mehta denied the Panda plaintiffs' request for a preliminary injunction in the part of that case continuing separately. 2020 WL 5545554. The Panda plaintiffs appealed, and on September 29, Panda was stayed pending the outcome of the appeal.
In Gomez, the plaintiffs filed a second amended complaint on August 23, 2020, adding a claim under the Mandamus Act (28 U.S.C. § 1361) and requesting that the court issue an order of mandamus requiring defendants to adjudicate visa petitions.
On September 4, 2020, Judge Mehta granted a subset of the plaintiffs (the “DV-2020 plaintiffs”) a preliminary injunction. This court noted that this group of plaintiffs faced unique challenges because their opportunity to receive diversity visas and immigrate to the U.S. would permanently expire on September 30, unless the defendants processed and issued their visas by then. The defendants were ordered to “undertake good-faith efforts . . . to expeditiously process and adjudicate DV-2020 diversity visas.” Defendants were preliminarily enjoined “from interpreting and applying the COVID Guidance to DV-2020 selectees” in such a way as not to process their visas because they were not “mission critical.” The remaining motions and requests were not granted. The court denied the non DV-2020 plaintiffs injunctive relief because vacatur of the policy would not eliminate their family separation problem. In other words, the court did not want to require the State Department to issue visas to people who had no immediate prospect for entering the country because of the Proclamations’ ban on entry because this “could create substantial havoc and confusion.” 2020 WL 5367010.
The court additionally denied the DV-2020 Plaintiffs' requests for class certification because the injunctive relief granted would benefit all putative class members and leave nothing left to achieve by certifying the class. The court deferred ruling on the plaintiffs' motions for class certification of non DV-2020 plaintiffs because the named plaintiffs had not demonstrated entitlement to preliminary injunctive relief.
On September 14, 2020, the court amended the preliminary injunction to prevent the State Department from waiting 14 days to issue visas to DV-2020 applicants who were inside certain COVID-affected regions because the delay served no rational purpose. 486 F.Supp.3d 445. On September 24, 2020, the non DV-2020 plaintiffs appealed to the U.S. Court of Appeals for the D.C. Circuit over the ruling against their motion for a preliminary injunction.
On September 30, 2020, the court certified a class in Gomez consisting of all “Individuals who have been selected to receive an immigrant visa through the U.S. Department of State’s FY2020 Diversity Visa Lottery and who had not received their immigrant visa on or before April 23, 2020, when the Presidential Proclamation 10014, later extended by Presidential Proclamation 10052, took effect.” The court found that certification was appropriate because the class members all sought an injunction that prevented the State Department from implementing the No-Visa Policy and the COVID-19 Guidance against DV-2020 selectees. But the court declined to certify a class in Aker, consisting of diversity visa applicants and their derivative beneficiaries whose diversity visas were issued prior to the Proclamations taking effect, because it was unclear how many of these applicants had not been able to have their visas renewed, and because there was no legal impediment to renewing a visa. It also ordered the State Department to reserve 9,095 visas (calculated based on the expected reduction due to COVID-19) to correct for the loss of visas due to the illegal processing delays. 490 F.Supp.3d 276.
On October 9, 2020, Kennedy v. Trump, was also consolidated with this case. The case was filed by the same law firm as Mohammed and Fonjong. Like the previously consolidated cases, the plaintiffs in Kennedy consisted of those Diversity Visa lottery winners who would have permanently lost their rights to legally immigrate to the United States.
On October 30, 2020, the defendants appealed the court’s orders granting injunctive relief and class certification. Then, on December 31, 2020, President Trump extended the Proclamations' effective period until March 31, 2021. (These Proclamations ultimately did expire on March 31, after which the U.S. Court of Appeals for the District of Columbia dismissed this appeal as moot.) On January 20, 2021, the defendants filed a partial motion for summary judgment, arguing that the plaintiffs could not prevail in contesting the State Department's implementation of the Proclamations and guidance on how to prioritize diversity visa selectees during COVID-19.
In response, the following month, the plaintiffs filed a cross motion for partial summary judgment. A few days later, the plaintiffs additionally filed a motion for emergency injunctive relief because the DV-2020 plaintiffs’ visas had begun to expire. On February 19, 2021, the court ordered that the defendants had to treat most visas issued or renewed thus far in the case as having been issued in the first instance on the date of final judgment in the case. The court additionally provided that, if the Proclamations were rescinded or expired before March 31, 2021, the DV-2020 plaintiffs’ challenge would become moot. 2021 WL 1037866.
On February 24, 2021, President Biden issued a new proclamation revoking the Proclamations restricting entry issued under the Trump administration. The State Department additionally granted DV-2020 visa holders a national interest exception to the COVID-19 guidance still in effect. Following these actions, the defendants filed a supporting motion with the court arguing that summary judgment should be granted to the government because many of the plaintiffs no longer suffered from any injury in fact.
In July, the court held a consolidated hearing on the motions in this matter and in Goh v. U.S. Department of State, Filazapovich v. Department of State, and Goodluck v. Biden. The court issued its opinion on August 17, 2021, ordering defendants to in good faith process DV-2020 applications in a random order until the 9,905 reserved diversity visas for 2020 were filled. While the court found that the No-Visa policy was arbitrary and capricious and that the government had unreasonably delayed in adjudicating diversity visas, it denied as moot the non-DV 2020 plaintiffs’ claims, the claim that the national interest exception violated the APA, and the plaintiffs’ remaining claims that the Proclamations were unlawful. 2021 WL 3663535. The court issued an amended order on October 13 after the parties were unable to agree on a timeline for processing the reserved DV-2020 visas. Balancing the interests of the class with the resource constraints of the State Department, the court ordered the State Department to carry out the court's order by the end of September 2022. The court additionally required the government to file periodic reports indicating how many reserved DV-2020 visas it had adjudicated.
The government appealed this order, and in February 2022, filed a motion to stay the processing requirement while the appeal was pending before the D.C. Circuit. Though the court criticized the defendants’ delay in asking for a stay, it granted the stay on the condition that the government seek expedited review before the D.C. Circuit. The government did so, and the D.C. Circuit granted expedited review and consolidated the appeal in these cases with two others. (See Goodluck v. Biden for more information on this appeal.)
Upon the defendants’ subsequent request to extend the stay, the court maintained the stay with respect to adjudicating and issuing reserved DV-2020 visas, but not with respect to the State Department’s efforts to modify its information technology systems to enable the issuance of DV-2020 visas after the end of the year. The government informed the court in July 2022 that it had completed the necessary modifications to process DV-2020 cases if the plaintiffs prevailed on appeal.
Nearly two years later in March 2024, a subset of plaintiffs filed a motion to vacate the stay that the district court had granted in February 2022. Citing material changes of fact that have occurred in the two years, the plaintiffs stated that the injunction factors of irreparable harm and public interest weighed in favor of vacating the stay. Though sympathizing with the plaintiffs, the court denied this motion on April 2, 2024.
As for the consolidated appeal under Goodluck v. Biden, oral argument occurred on September 16, 2022. The Court of Appeals ruled in favor of the government on June 25, 2024. The appellate court found that the remedy issued in this case—instructing the Executive Branch to reserve, process, and issue visas on terms devised by the courts—was irreconcilable with the settled principles of equitable relief. The court stated that the district court erred by invoking a supposed equitable power to override an explicit cutoff date established by Congress in the INA for diversity visa applicants’ eligibility. The district courts essentially had no authority to order the State Department to keep processing applications for diversity visas and issuing the visas beyond the end of the relevant fiscal years for visa eligibility. 104 F.4th 920.
Pursuant to the appellate order, the district court vacated its opinion from August 17, 2021 and the amended order from October 13, 2021. The court entered judgment against the plaintiffs in September 2024. The appeal window on the appellate order passed, and this case is presumed closed.
Summary Authors
Samuel Poortenga (10/2/2020)
Brillian Bao (12/28/2023)
Kavitha Babu (2/17/2025)
Goodluck v. Biden, District of District of Columbia (2021)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17202406/parties/gomez-v-trump/
Banias, Bradley (South Carolina)
Barre, Abadir Jama (New York)
Appelbaum, John M. (California)
Balderas, Hector (New Mexico)
Baruch, Douglas W. (District of Columbia)
Banias, Bradley (South Carolina)
Bless, Jesse (District of Columbia)
Claffey, Danielle M. (Georgia)
Duclos, Philip Marcel (District of Columbia)
Forney, Geoffrey (Pennsylvania)
Fraling, Michelle (District of Columbia)
Ghazaryan, Kristina (District of Columbia)
Hacking, James O. (District of Columbia)
Hoq, Laboni Amena (California)
Joseph, Jeffrey Dean (District of Columbia)
Kaufman, Brett Max (District of Columbia)
Kim, Scarlet (District of Columbia)
Morrison, Curtis Lee (California)
Pincus, Andrew J. (District of Columbia)
Siskind, Gregory H. (Tennessee)
Spitzer, Arthur B. (District of Columbia)
Tully, Daniel J. (District of Columbia)
Caplen, Robert Aaron (District of Columbia)
Carilli, Joseph F. (District of Columbia)
Chang, William (District of Columbia)
Field, Brian J. (District of Columbia)
Girdharry, Glenn M. (District of Columbia)
Goldsmith, Aaron S. (District of Columbia)
Janda, Sean R. (District of Columbia)
Jones, Sian (District of Columbia)
Lyerla, Christopher Thomas (District of Columbia)
Press, Joshua S. (District of Columbia)
Steinhart, Eric Conrad (District of Columbia)
Swingle, Sharon (District of Columbia)
Walker, Johnny Hillary III (District of Columbia)
Wen, James J (District of Columbia)
Appelbaum, John M. (California)
Baruch, Douglas W. (District of Columbia)
Beninati, Nancy A (California)
Delery, Stuart F. (District of Columbia)
Dettmer, Ethan D. (California)
Donovan, Thomas J. Jr. (Vermont)
Downer, William H. (California)
Eisenman, Jonathan H. (District of Columbia)
Ferguson, Robert W. (Washington)
Flint, Tacy F. (District of Columbia)
Grewal, Gurbir S. (New Jersey)
Hampe, Carl W. (District of Columbia)
Healey, Maura T. (Massachusetts)
Hoyt, Tommy (District of Columbia)
Joseph, Lawrence J. (District of Columbia)
Kaplan, Kayla S. (District of Columbia)
Miano, John Michael (District of Columbia)
Murdukhayeva, Ester (New York)
Neronha, Peter F. (Rhode Island)
Newman, Michael L. (California)
Olson, Theodore B. (District of Columbia)
Pierce, Daniel P. (District of Columbia)
Racine, Karl A. (District of Columbia)
Rodriguez, Leon (District of Columbia)
Scherb, Matthew Alex (California)
Schnitzer, David Ari (District of Columbia)
Shapiro, Joshua D. (Pennsylvania)
Soleimani, Jonathan N. (California)
Taliaferro, John David (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/17202406/gomez-v-trump/
Last updated March 8, 2025, 8:46 a.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Trump 1.0 & 2.0 Immigration Enforcement Order Challenges
Trump Administration 1.0: Challenges to the Government
Key Dates
Filing Date: May 28, 2020
Closing Date: Sept. 27, 2024
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Individuals and corporations who have been unable to gain visas for themselves or others due to Presidential Proclamations 10014 and 10052. Class Definition: “Individuals who have been selected to receive an immigrant visa through the U.S. Department of State’s FY2020 Diversity Visa Lottery and who had not received their immigrant visa on or before April 23, 2020, when the Presidential Proclamation 10014, later extended by Presidential Proclamation 10052, took effect.”
Plaintiff Type(s):
Attorney Organizations:
American Immigration Lawyers Association (AILA)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
United States (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Defendant
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Order Duration: 2020 - 2021
Issues
General/Misc.:
COVID-19:
Discrimination Basis:
National origin discrimination
Affected National Origin/Ethnicity(s):
Immigration/Border: