Case: Bade v. United States Department of Homeland Security
3:26-cv-00436 | U.S. District Court for the Western District of North Carolina
Filed Date: June 3, 2026
Closed Date: July 2, 2026
Clearinghouse coding complete
Case Summary
This was a case challenging the Department of Homeland Security’s (DHS) October 30, 2025 interim final rule (IFR) eliminating the Employment Authorization Document (EAD) auto-extention program and the Department’s alleged delay of adjudicating the plaintiff’s employment authorization renewal applications.
On June 3, 2026, a foreign national from India with H-4 status and I-756 employment authorization filed this lawsuit in the U.S. District Court for the Western District of North Carolina. They sued the DHS under the Administrative Procedure Act (APA) and Freedom of Information Act (FOIA). The plaintiff alleged that the DHS implemented the IFR without the required notice-and-comment rulemaking process under the APA. The plaintiff alleged that the IFR, titled “Removal of the Automatic Extension of Employment Authorization Documents,” improperly invoked the "good cause" exception of the APA to bypass standard rulemaking procedures, relying on a pretextual national security justification and ignoring existing continuous vetting programs — the Automated Threat Level Assessment System (ATLAS) and Continuous Immigration Vetting (CIV) — that already provide real-time monitoring of foreign nationals. This action, the plaintiff maintained, was also arbitrary and capricious in violation of the APA. The plaintiff further alleged that DHS unreasonably delayed adjudication of her EAD renewal application, which she filed on November 3, 2025, placing her employment at risk. The application remained pending despite an expedited service request submitted on February 11, 2026, and a second request submitted on March 23, 2026, neither of which received a substantive response. Additionally, the plaintiff alleged that U.S. Citizenship and Immigration Services (USCIS) failed to adjudicate her administrative appeal of a Freedom of Information Act (FOIA) request within the required 20-business-day statutory deadline. The plaintiff, represented by private counsel, sought vacatur of the IFR, an order compelling a decision on her EAD renewal within 30 days, production of records responsive to her FOIA request, and attorney's fees. The case was assigned to District Judge Susan C. Rodriguez and Magistrate Judge W. Carleton Metcalf.
On July 2, 2026, the plaintiff voluntarily dismissed the case because the defendant favorably acted on the visa petition that gave rise to the complaint. All parties agreed to pay their own costs and fees.
Summary Authors
Trump2.0 Collection (6/14/2026)
Kara Wilczynski (7/22/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73434730/parties/bade-v-united-states-department-of-homeland-security/
Parsonage, Helen Louise (North Carolina)
Wasden, Jonathan Del (North Carolina)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/73434730/bade-v-united-states-department-of-homeland-security/
Last updated Sept. 25, 2026, 3:21 a.m.
Docket for: Bade v. United States Department of Homeland Security
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: June 3, 2026
Closing Date: July 2, 2026
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is a foreign national seeking to extend her Employment Authorization Application
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
U.S. Department of Homeland Security
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Other Dockets:
Western District of North Carolina 3:26-cv-00436
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Immigration/Border:
Work authorization - procedures
Case Summary of Bade v. United States Department of Homeland Security, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48209/ (last updated 7/22/2026).