Case: American Association of University Professors v. Department of Homeland Security

1:26-cv-00300 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 3, 2026

Case Ongoing

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Case Summary

This lawsuit challenges the Trump Administration’s creation and implementation of a “Gold Card” visa program, which gives priority consideration in awarding visas to individuals who are willing to pay $1 million. On February 3, 2026, the plaintiffs, American Association of University Professors (“AAUP”) and students and faculty with pending EB-2 visa petitions, brought suit against the Department of Homeland Security (“DHS”), Department of State, Department of Commerce, and United States Citiz…

On February 3, 2026, the plaintiffs, American Association of University Professors (“AAUP”) and students and faculty with pending EB-2 visa petitions, brought suit against the Department of Homeland Security (“DHS”), Department of State, Department of Commerce, and United States Citizenship and Immigration Services (“USCIS”) in the U.S. District Court for the District of Columbia. The AAUP is a nonprofit membership association and labor union of faculty, graduate students, and other academic professionals with chapters at colleges and universities throughout the country. The case was assigned to Judge Richard J. Leon.

Through the Immigration and Nationality Act (“INA”) and the Immigration Act of 1990 (“IMMACT”), Congress created several categories of visas, administered by federal agencies, to encourage immigration into the U.S. of highly talented individuals whose admission would benefit the United States, such as the EB-1 and EB-2 visas for individuals who have “extraordinary ability” or “exceptional ability.” Congress allotted only a limited number of each visa per year. President Trump issued an Executive Order titled “The Gold Card” on September 19, 2025, which directed the Department of Commerce, Department of Homeland Security (DHS), and Department of State to establish a Gold Card program authorizing a noncitizen who makes a “gift” (a payment of $1 million for an individual, or $2 million for a corporation making a payment on behalf of an individual) to be eligible for the EB-1 and EB-2 visa programs.

In their lawsuit, the Plaintiffs alleged that this Gold Card Program subverts Congress’s intentions because it “allows visas to be bought, and thereby takes visas away from the people to whom federal statute specifies they should be awarded—scientists and engineers, physicians, researchers, and other accomplished individuals whose admission would substantially benefit the United States.” The Plaintiffs alleged that the Program violated the Administrative Procedure Act (“APA”) because it exceeded the authority granted by Congress in the INA, was arbitrary and capricious, and the agencies failed to engage in the required notice-and-comment rulemaking process. They also alleged the agency actions were ultra vires. In relief, the Plaintiffs sought declaratory and injunctive relief to halt the Gold Card Program, as well as attorneys’ fees.

This case is ongoing.

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Summary Authors

Jinan Abufarha (2/7/2026)

Madena Mustafa (2/24/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72225085/parties/american-association-of-university-professors-v-department-of-homeland/

Judge(s)

Leon, Richard J. (District of Columbia)

Attorney for Plaintiff

Becker, Harold Craig (District of Columbia)

Eisen, Norman Larry (District of Columbia)

Pulver, Adam R. (District of Columbia)

Attorney for Defendant

Hedges, Elizabeth Themins (District of Columbia)

Judge(s)

Leon, Richard J. (District of Columbia)

Attorney for Plaintiff

Becker, Harold Craig (District of Columbia)

Eisen, Norman Larry (District of Columbia)

Pulver, Adam R. (District of Columbia)

Zieve, Allison Marcy (District of Columbia)

Attorney for Defendant

Hedges, Elizabeth Themins (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:26-cv-00300	Complaint for Declaratory and Injunctive Relief American Association of University Professors v. U.S. Department of Homeland Security	Feb. 3, 2026	Feb. 3, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72225085/american-association-of-university-professors-v-department-of-homeland/

Last updated April 20, 2026, 3:16 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Becker, Harold) (Entered: 02/03/2026) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER	Feb. 3, 2026	Feb. 3, 2026 Clearinghouse
2	NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
3	NOTICE of Appearance by Adam R. Pulver on behalf of All Plaintiffs (Pulver, Adam) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
4	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Notice of Plaintiffs' Addresses, # 2 Text of Proposed Order)(Becker, Harold) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
	Payment of Fee - Complaint/Petition	Feb. 3, 2026	Feb. 3, 2026
	Notice of Error- New Case	Feb. 3, 2026	Feb. 3, 2026
	NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Civil Case filing fee not paid. Please remit payment using the event Payment of Fee-Complaint/Petition. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zjm)	Feb. 3, 2026	Feb. 3, 2026
	Payment for 1 Complaint,. ($405; Receipt number ADCDC-12222734). (Becker, Harold)	Feb. 3, 2026	Feb. 3, 2026
5	NOTICE of Appearance by Harold Craig Becker on behalf of All Plaintiffs (Becker, Harold) (Main Document 5 replaced on 2/5/2026) (zjm). (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
6	NOTICE of Appearance by Norman Larry Eisen on behalf of All Plaintiffs (Eisen, Norman) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
7	First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian C. Ward, Filing fee $ 100, receipt number ADCDC-12225677. Fee Status: Fee Paid. by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, MA. ELENA HERNANDEZ CEPEDA, RODRIGO CERNA-CHAVEZ, RICHMOND DJORGBENOO, WILLIAM DANIEL MOSCOSO-BARRERA, YU-TING TSAI. (Attachments: # 1 Declaration, # 2 Exhibit)(Becker, Harold) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
8	SUMMONS (8) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY (DHS), JOSEPH B. EDLOW, HOWARD LUTNICK, KRISTI L. NOEM, MARCO A. RUBIO, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF STATE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Notice and Consent)(zjm) (Entered: 02/05/2026)	Feb. 5, 2026	Feb. 5, 2026
9	REQUEST FOR SUMMONS TO ISSUE to Attorney General and US Attorney filed by RICHMOND DJORGBENOO, RODRIGO CERNA-CHAVEZ, ALDO SALVADOR ESTRADA-MONTANO, AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, YU-TING TSAI, MA. ELENA HERNANDEZ CEPEDA.(Zieve, Allison) (Entered: 02/05/2026)	Feb. 5, 2026	Feb. 5, 2026
10	NOTICE of Appearance by Elizabeth Themins Hedges on behalf of All Defendants (Hedges, Elizabeth) (Entered: 02/05/2026)	Feb. 5, 2026	Feb. 5, 2026
11	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg) (Entered: 02/05/2026)	Feb. 5, 2026	Feb. 5, 2026
	Case Assigned/Reassigned	Feb. 5, 2026	Feb. 5, 2026
	Notice of Error- New Case	Feb. 5, 2026	Feb. 5, 2026
	Case Assigned to Judge Richard J. Leon. (zjm)	Feb. 5, 2026	Feb. 5, 2026
	NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zjm)	Feb. 5, 2026	Feb. 5, 2026
12	First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lindsay W. Zimliki, Filing fee $ 100, receipt number ADCDC-12232635. Fee Status: Fee Paid. by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, MA. ELENA HERNANDEZ CEPEDA, RODRIGO CERNA-CHAVEZ, RICHMOND DJORGBENOO, ALDO SALVADOR ESTRADA-MONTANO, WILLIAM DANIEL MOSCOSO-BARRERA, YU-TING TSAI. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing)(Becker, Harold) (Entered: 02/09/2026)	Feb. 9, 2026	Feb. 9, 2026
13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/6/2026. Answer due for ALL FEDERAL DEFENDANTS by 4/7/2026. (Attachments: # 1 Exhibit Email from USAO)(Zieve, Allison) (Entered: 02/09/2026) 1 Exhibit Email from USAO View on PACER	Feb. 9, 2026	Feb. 9, 2026
14	First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen A. Jonas, Filing fee $ 100, receipt number ADCDC-12233752. Fee Status: Fee Paid. by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, MA. ELENA HERNANDEZ CEPEDA, RODRIGO CERNA-CHAVEZ, RICHMOND DJORGBENOO, ALDO SALVADOR ESTRADA-MONTANO, WILLIAM DANIEL MOSCOSO-BARRERA, YU-TING TSAI. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing)(Becker, Harold) (Entered: 02/09/2026)	Feb. 9, 2026	Feb. 9, 2026
16	SEALED DOCUMENT (NOTICE OF PLAINTIFFS ADDRESSES) filed by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS. (This document is SEALED and only available to authorized persons.)(mg) (Entered: 02/11/2026)	Feb. 9, 2026	Feb. 9, 2026
	Order on Sealed Motion for Leave to File Document Under Seal	Feb. 9, 2026	Feb. 9, 2026
	MINUTE ORDER. Upon consideration of Plaintiff's 4 Sealed Motion for Leave to File Document Under Seal, it is hereby ORDERED that the Motion is GRANTED. Exhibit 1 to Plaintiff's 4 Sealed Motion may be filed under seal. SO ORDERED. Signed by Judge Richard J. Leon on 2/9/2026. (lcrjl1)	Feb. 9, 2026	Feb. 9, 2026
15	SEALED DOCUMENT filed by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, MA. ELENA HERNANDEZ CEPEDA, RODRIGO CERNA-CHAVEZ, RICHMOND DJORGBENOO, ALDO SALVADOR ESTRADA-MONTANO, WILLIAM DANIEL MOSCOSO-BARRERA, YU-TING TSAI re 4 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.)(Becker, Harold) (Entered: 02/10/2026)	Feb. 10, 2026	Feb. 10, 2026
17	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY (DHS) served on 2/9/2026; JOSEPH B. EDLOW served on 2/9/2026; HOWARD LUTNICK served on 2/9/2026; KRISTI L. NOEM served on 2/9/2026; MARCO A. RUBIO served on 2/9/2026; U.S. DEPARTMENT OF COMMERCE served on 2/9/2026; U.S. DEPARTMENT OF STATE served on 2/9/2026; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 2/9/2026 (Attachments: # 1 Exhibit Certified Mail receipts)(Becker, Harold) (Entered: 02/12/2026)	Feb. 12, 2026	Feb. 12, 2026
21	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/9/2026. (See docket entry 17 to view document) (mg) (Entered: 02/18/2026)	Feb. 12, 2026	Feb. 12, 2026
	MINUTE ORDER. Upon consideration of the 7 12 14 Motions for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the Motions are GRANTED. It is further ORDERED that Brian C. Ward, Lindsay W. Zimliki, and Stephen Allen Jonas be, and hereby are, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Richard J. Leon on 2/13/2026. (lcrjl1)	Feb. 13, 2026	Feb. 13, 2026
	Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice	Feb. 13, 2026	Feb. 13, 2026
18	NOTICE of Appearance by Brian Christopher Ward on behalf of All Plaintiffs (Ward, Brian) (Entered: 02/17/2026)	Feb. 17, 2026	Feb. 17, 2026
19	NOTICE of Appearance by Stephen A. Jonas on behalf of All Plaintiffs (Jonas, Stephen) (Entered: 02/17/2026)	Feb. 17, 2026	Feb. 17, 2026
20	NOTICE of Appearance by Lindsay Zimliki on behalf of All Plaintiffs (Zimliki, Lindsay) (Entered: 02/18/2026)	Feb. 18, 2026	Feb. 18, 2026
	Summons Returned Executed as to U.S. Attorney General	Feb. 18, 2026	Feb. 18, 2026
22	First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sarah S. Wilson, Filing fee $ 100, receipt number ADCDC-12252933. Fee Status: Fee Paid. by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, MA. ELENA HERNANDEZ CEPEDA, RODRIGO CERNA-CHAVEZ, RICHMOND DJORGBENOO, ALDO SALVADOR ESTRADA-MONTANO, WILLIAM DANIEL MOSCOSO-BARRERA, YU-TING TSAI. (Attachments: # 1 Declaration, # 2 Exhibit)(Becker, Harold) (Entered: 02/19/2026)	Feb. 19, 2026	Feb. 19, 2026
23	First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Kim, Filing fee $ 100, receipt number ADCDC-12252948. Fee Status: Fee Paid. by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, MA. ELENA HERNANDEZ CEPEDA, RODRIGO CERNA-CHAVEZ, RICHMOND DJORGBENOO, ALDO SALVADOR ESTRADA-MONTANO, WILLIAM DANIEL MOSCOSO-BARRERA, YU-TING TSAI. (Attachments: # 1 Declaration, # 2 Exhibit)(Becker, Harold) (Entered: 02/19/2026)	Feb. 19, 2026	Feb. 19, 2026
24	NOTICE of Appearance by Jordan Hulseberg on behalf of All Defendants (Hulseberg, Jordan) (Entered: 02/19/2026)	Feb. 19, 2026	Feb. 19, 2026
25	STANDING ORDER. See attached for details. Signed by Judge Richard J. Leon on 2/20/2026. (lcrjl1) (Entered: 02/20/2026)	Feb. 20, 2026	Feb. 20, 2026
	MINUTE ORDER. Upon consideration of the 22 23 Motions for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the Motions are GRANTED. It is further ORDERED that Sarah S. Wilson and David Kim be, and hereby are, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Richard J. Leon on 2/26/2026. (lcrjl1)	Feb. 26, 2026	Feb. 26, 2026
28	Extension of Time to File Response/Reply 1 Text of Proposed Order View on PACER	April 1, 2026	April 1, 2026 RECAP
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	April 2, 2026	April 2, 2026

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 3, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The American Association of University Professors (“AAUP”) and students and faculty with pending EB-2 visa petitions

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Commerce

Department of Homeland Security

Department of State

United States Citizenship and Immigration Services=

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Other Dockets:

District of District of Columbia 1:26-cv-00300

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

Immigration/Border:

U.S. citizenship - acquiring

Visas - criteria

Visas - procedures

Recommended Citation

Case Summary of American Association of University Professors v. Department of Homeland Security, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47793/ (last updated 2/24/2026).