The American Immigration Lawyers Association (AILA), Justice Action Center (JAC), and Innovation Law Lab, with pro bono support from Mayer Brown LLP, filed this lawsuit in the summer of 2020 on behalf of family-based immigrant visa petitioners, diversity visa 2020 lottery winners, and non-immigrant employment-based visa sponsors, challenging President Trump’s April and June 2020 proclamations, which effectively stopped almost all immigration to the United States. On February 24, 2021, President Biden rescinded the ban on immigrant visas. On April 1, 2021, President Biden allowed the nonimmigrant visa ban to expire. Nevertheless, the proclamations continue to harm a class of 2020 diversity visa lottery winners, who were unable to receive visas in 2020 due to the proclamations’ ban on virtually all visa processing and issuance.
On October 13, 2021, Judge Mehta ordered the State Department to process 9,095 DV-2020 visas for members of the Gomez class by September 30, 2022. The judge ordered visa processing to commence “as soon as is feasible,” and directed that reserved visas must be “issued to eligible qualified immigrants strictly in a random order,” consistent with the immigration statute.
The government appealed Judge Mehta’s decision to the D.C. Circuit, staying Judge Mehta’s order.
On June 25, 2024, the U.S. Court of Appeals for the District of Columbia upheld the federal government’s appeal, reversing the lower court decision that ordered the State Department to process 9,095 diversity visas.
Class counsel is evaluating possible next steps and will be in touch with class members shortly. To join the Gomez class e-mail list, individuals can sign-up here.
News Coverage:
- 5/28/20 | NBC News | Lawsuit says Trump admin’s COVID-19 immigration order separates families with older kids
- 02/17/21 | The Washington Post | Biden is still blocking people like me, with visas, from entering the U.S.
Advocacy Tools:
- Frequently Asked Questions About Gomez v. Biden
- DV-2020 Winners: Sign Up for Class Member Information
Press Releases:
- 8/18/21 | Court Orders Government To Issue 9,095 Reserved 2020 Diversity Visas
- 2/22/21 | Court Preserves Validity of 2020 Diversity Visas
- 9/4/20 | Court Orders Trump Administration to Allow Diversity Visa Lottery Winners In – Justice Action Center
- 8/3/20 | Civil Rights Coalition Files Motion For Preliminary Injunction to Halt Immigration Ban Release
- 7/17/20 | Individuals, Employers and Organizations Join to File First Lawsuit Challenging Entirety Of Trump’s Immigration Ban
