Case: Doe v. U.S. Citizenship and Immigration Services
1:26-cv-01336 | U.S. District Court for the District of District of Columbia
Filed Date: April 20, 2026
Case Ongoing
Clearinghouse coding complete
Case Summary
This case challenges a rule change that eliminates automatic extensions of work authorization for some non-citizens. The plaintiff, a non-citizen survivor of domestic violence granted immigration relief under the Violence Against Women Act (VAWA) and the sole caregiver for her U.S.-citizen minor child, filed a lawsuit on April 20, 2026, in the U.S. District Court for the District of Columbia against U.S. Citizenship and Immigration Services (USCIS), its Director, the Department of Homeland Security, and the Secretary of Homeland Security. The lawsuit concerns an October 2025 Interim Final Rule (IFR) issued by USCIS that abruptly eliminated automatic work permit extensions for Employment Authorization Documents (EADs). The plaintiff, represented by the non-profit Public Citizen Litigation Group, alleges the IFR is procedurally invalid under the Administrative Procedure Act (APA) because USCIS failed to engage in notice-and-comment rulemaking despite no valid exception applying, and substantively arbitrary and capricious for contradicting prior agency findings, ignoring reliance interests, and disregarding evidence of persistent backlogs. The lawsuit is not a class action, but the complaint highlights the IFR's broader harm to hundreds of thousands of noncitizen workers, including job loss, housing instability, and economic disruption. The complaint also alleges that the government's justification for the rule relied on unsupported claims about national security threats. The plaintiff seeks a stay of the IFR's effective date, a declaration that the rule change is unlawful, an injunction prohibiting the government from implementing the rule, attorneys' fees, and any other relief the court considers proper.
Certain categories of non-citizen workers whose employment status is "discretionary," including self-petitioners under VAWA, must periodically renew their EADs to remain eligible to work in the United States. Due to chronic delays in processing EAD applications, the government has long allowed automatic extensions for applicants who filed on time but whose paperwork stalled due to administrative backlogs. Most recently, USCIS issued a rule in December 2024 that provided for automatic extensions of 540 days. The October 2025 IFR eliminated all automatic extensions and did not go through the usual notice-and-comment rulemaking process, which USCIS justified under the APA's "good cause" and "foreign affairs" exceptions. Despite timely filing her EAD renewal application in November 2025, the plaintiff faced an imminent lapse in work authorization, jeopardizing her employment, income, health insurance, and ability to provide for her child.
On May 19, 2026, the plaintiff filed a motion for a stay of the IFR, arguing that she would suffer irreparable harm if her employment status lapsed while the case made its way through the courts.
On May 20, 2026, the case was assigned to District Judge Carl J. Nichols. On June 2, 2026, the plaintiff notified the court of her intention to voluntarily dismiss the lawsuit without prejudice.
The case is ongoing.
Summary Authors
Jonah Miller (7/6/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73214674/parties/doe-v-us-citizenship-immigration-services/
Nichols, Carl John (District of Columbia)
Garlock, Stephanie (District of Columbia)
Zieve, Allison Marcy (District of Columbia)
Oni, Bisola (District of Columbia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/73214674/doe-v-us-citizenship-immigration-services/
Last updated Sept. 2, 2026, 3:20 a.m.
Docket for: DOE v. U.S. CITIZENSHIP & IMMIGRATION SERVICES
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: April 20, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A non-citizen survivor of domestic violence granted immigration relief under the Violence Against Women Act (VAWA) and the sole caregiver for her U.S.-citizen minor child, who holds work authorization through EADs (Employment Authorization Documents)
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
Department of Homeland Security
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Other Dockets:
District of District of Columbia 1:26-cv-01336
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Immigration/Border:
Work authorization - procedures
Case Summary of Doe v. U.S. Citizenship and Immigration Services, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48119/ (last updated 7/6/2026).