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Update on Travel Ban Litigation (Kinsley v. Blinken)

Oct05
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Update on Travel Ban Litigation (Kinsley v. Blinken)

The judge has finally made a decision on our case. You can read it here.

We won! The judge told the State Department that it is illegal to use regional travel bans as an excuse to refuse to process visas. Congratulations and huge thanks to all of you who stepped up to help us fight this injustice. We are so happy that many of you have already received your visas.

This ruling is good for all of you who still have visa applications pending, although the judge said that the immigrant visa applicants and K-1 applicants’ cases are dismissed because the blanket NIE makes them moot. The judge unfortunately also held that our organizational plaintiffs did not have standing to sue on behalf of their member organizations. Even so, our organizational plaintiffs should still benefit from this ruling, as the Department of State should finally stop refusing to issue visas in travel ban countries.

We also suspect that this litigation may have played a part in the Biden administration’s decision a few days ago to begin to rescind regional travel bans all together, “starting in early November.” This administration has not yet released any details about this plan.

The government has 30 days to decide whether to appeal the decision. We will let you know when we have any news about that.

Nonimmigrant visa applicants who still have not received your visas, tomorrow I will send you a redacted copy of the complaint that will show your names. We recommend that you send this to the consulate along with a copy of the judge’s order, and politely let them know that you are a plaintiff in this suit and that the judge ordered that your cases be processed without regard to any travel restrictions you may face upon approval.

Once again thank you for being part of this case. We wish you all the best in the US and wherever your travels may take you.

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