Judge Mehta has issued a ruling on the various cases. It’s an 85 page long document, and will need interpretation by the lawyers, but here are the main highlights.
He has not blocked the bans outright, but has given some help to some people affected by the bans.
He did NOT rule to extend the DV2020 processing period, but has set another review of that for September 25th. There is some language that hints that named plaintiffs would be treated more generously than non named plaintiffs.
He has said that named plaintiffs on the various cases should be prioritized for processing by September 30, 2020.
He has ordered that the embassies/KCC cannot arbitrarily stop working or not treat DV cases as emergencies. That will help some people who need their visas re-issued.
Judge Mehta recognized the particularly unfair treatment and its impacts on DV cases. So for that reason he has been more sympathetic on DV cases than non DV cases.
Here is the order itself. Its 85 pages long and the lawyers will need some time to properly summarize who can be helped by the order.
Q&A from me based on my current understanding.
VI. CONCLUSION AND ORDER
For the reasons set forth above, the court concludes that the Plaintiffs are not likely to
succeed on their challenges to the Proclamations. Plaintiffs, however, are likely to succeed on
their claims that (1) Defendants’ No-Visa Policy is not in accordance with law, is in excess of
statutory authority, and is arbitrary and capricious; (2) Defendants have unreasonably delayed
processing DV-2020 Plaintiffs’ visa applications; and (3) Defendants’ COVID-19 Guidance
arbitrarily excludes DV-2020 visa applications from the categories of applications eligible for
mission critical and emergency services. The court additionally finds that the DV-2020 Plaintiffs
have met the equitable requirements for injunctive relief, but the Non-DV Plaintiffs have not. The
court therefore orders the following pursuant to 5 U.S.C. § 705 and the court’s traditional equitable
powers:
- The court preliminarily stays the No-Visa Policy as applied to DV-2020 selectees and
their derivative beneficiaries. Defendants26 may not interpret or apply the
Proclamations in any way that forecloses or prohibits embassy personnel, consular
officers, or any administrative processing center (such as the Kentucky Consular
Center) from processing, reviewing, or adjudicating a 2020 diversity visa or derivative
beneficiary application or issuing or reissuing a 2020 diversity or derivative beneficiary
visa based on the entry restrictions contained in the Proclamations. Except as provided
in paragraphs 2 and 3 below, this order does not prevent any embassy personnel,
consular officer, or administrative processing center from prioritizing the processing,
adjudication, or issuance of visas based on resource constraints, limitations due to the
COVID-19 pandemic, or country conditions; - Defendants shall undertake good-faith efforts, directly and through their designees, to
expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary
applications and issue or reissue diversity and derivative beneficiary visas to eligible
applicants by September 30, 2020, giving priority to the named diversity visa Plaintiffs
in Gomez, Aker, Mohammed, and Fonjong and their derivative beneficiaries; - The court preliminarily enjoins Defendants from interpreting and applying the COVID
Guidance to DV-2020 selectees and their derivative beneficiaries in any way that
requires embassy personnel, consular officers, or administrative processing centers
(such as the Kentucky Consular Center) to refuse processing, reviewing, adjudicating
2020 diversity visa applications or issuing or reissuing diversity visas on the ground
that the DV-2020 selectee or derivative beneficiary does not qualify under the
“emergency” or “mission critical” exceptions to the COVID Guidance; - At this time, the court declines Plaintiffs’ request to order Defendants to reserve
unprocessed DV-2020 visas past the September 30 deadline or until a final adjudication
on the merits, but will revisit the issue closer to the deadline. Accordingly, the court
orders the State Department to report, by not later than September 25, 2020, which of
the named DV-2020 Plaintiffs in this action have received diversity visas, the status of
processing of the named DV-2020 Plaintiffs’ applications who have not yet received
visas, and the number of unprocessed DV-2020 visa applications and unused diversity
visas remaining for Fiscal Year 2020. - The Aker and Gomez Plaintiffs’ motions for class certifications as to DV-2020 selectees
are denied without prejudice, subject to final resolution on the merits of Plaintiffs’
challenges to the Proclamations. - The court defers ruling on the Gomez Plaintiffs’ motion for class certification with
respect to the four putative subclasses representing Non-DV Plaintiffs, as the named Plaintiffs representing these putative subclasses have not demonstrated entitlement to preliminary injunctive relief.
- Plaintiffs’ requests for the court to preliminarily enjoin Defendants from implementing
or enforcing Proclamations 10014 and 10052 against Plaintiffs are denied.
September 9, 2020 at 18:36
Hello Brit, I summitted by documents to KCC prior to the Covid 19, so what should I do in this case? Am I also eligible?
September 9, 2020 at 21:28
https://britsimonsays.com/department-of-state-now-issued-public-guidance/
September 9, 2020 at 01:32
Salut, Brit je mappel Aissata Je suis a DAKAR Senegal Afrique moi mon entretiens etait prévus le 20 mars mai j’ai pas pu car lambassade ete ferme maintenant je les ai ecrit j’ai une reponse automatique qui me dit que jusqua present lambassade nest pas en mesure de proceder pour les visa pour le moment
Je ne sais pas que faire ?
September 9, 2020 at 12:10
English please.
Read this.
https://britsimonsays.com/department-of-state-now-issued-public-guidance/
September 8, 2020 at 11:35
Hello Brit , I’m not in any named plaintiffs and plus i’m I’m 4th group and is this mean that I can’t get benefits from this plaintiffs ??
September 8, 2020 at 18:27
you can benefit. Read.
September 8, 2020 at 08:54
Hi, Brit thanks for information you provided in your videos and blog posts. I’m DV2020 winner and my interview was scheduled on 18 march and cancelled. As you mention my case is group 3 category and called embassy but they told me that they get any information. Next, I email to KCC and embassy consular. So, what should i do next.
September 8, 2020 at 19:42
Keep trying.
September 8, 2020 at 07:33
Hi Brit,
I am in your group 5 of people who did not get a ready for scheduling email from KCC. My case no is EU329XX.
Do you recommend me to apply with Curtis Morrison Lawsuit?
Thanks
September 8, 2020 at 19:47
An extension is your only hope.
September 9, 2020 at 12:36
Look for the video about that – will be added here shortly
https://britsimonsays.com/department-of-state-now-issued-public-guidance/
September 6, 2020 at 11:37
Hi Simon.
Case#: 2020EU23××× documents processes and veryfied
Statuse: at NVC, sice Visa ban
Is it possible to ask KCC to schedule an appointment as an emergency for my case?Or we still have to wait for September 25th?until yesterday the embassy in albania had the opening date of september 30. do I need to attach any kcc documents to my application? Thank u for everything
September 9, 2020 at 12:57
https://britsimonsays.com/department-of-state-now-issued-public-guidance/
September 5, 2020 at 21:27
Helo sear i am winner dv 2020 i see in this website is in this week in this websit is not look my intervew Consular Interview Date: 17 March, 2020, 09:00 Eastern African Time i am not sent form judge so i am fineshed midical ,police what shall ido
ምን የሻለኛል Consular Interview Date: 17 March, 2020, 09:00 Eastern African Time (EAT) በዚህ ቀን ሁሉን ጨረሺ ቃሀመጠየቅ ብቻ ነበረ የቀረኝ ያንተንም የክሰ ፎረም አላየውም አላኩልህም
September 9, 2020 at 13:14
https://britsimonsays.com/department-of-state-now-issued-public-guidance/
September 5, 2020 at 17:24
Hi Brit thanx so much for ur effort by making it possible for us DV2020 winners as d ruling have bring some relief to our lives. May d Almighty God continue to elevate u d more in all ur endeavors.
Brit I only want u to help me with d official link where d embassy could get d ruling bcus am in category 3 n by God’s grace I will email them on Monday to request for new interview appointment date and u know I will quote them to see link for d ruling against d proclamation.
September 6, 2020 at 06:23
Abdul carefully check up, some one wrote the link.
September 9, 2020 at 13:23
https://britsimonsays.com/department-of-state-now-issued-public-guidance/
September 5, 2020 at 13:59
LOOKING FOR PEOPLE IN YAOUNDÉ, CAMEROON
I’m a DV2020 winner residing in Canada who lived in Cameroon before. My Police Certificate will expire next week. I URGENTLY need a new one. If you know anyone (friend/family/lawyer/company doing errands) who could get the Police Certificate for me, please contact me at [email protected]
Clearly, I will pay for all the expenses and fees.
Thanks in advance!
September 5, 2020 at 13:45
Hi, im from Ghana, I have been selected for dv2021 after checking the results in July 2020. i have seen my case number to be 2021EU******** Foreign State chargibilty is ICELAND. I mistakenly chose ICELAND instead of GHANA during the initial entry in October 2019. Brist is there a way out to my problem?????
September 5, 2020 at 14:22
No. You will be disqualified. Don’t proceed there is no way to fix it.
September 5, 2020 at 13:34
Hello Brit if your name was not on the plaintiff’s list what can you advice me to do
September 5, 2020 at 14:21
https://britsimonsays.com/after-lawsuit-order-what-now/
September 5, 2020 at 07:17
Thanks Simon and team for your efforts,at least something has been done to give hopes for dv2020 and 2021. I fell for dv 2020 but God above has a plan and will see all that u are going thro and send His remedy just in time.. keenly following
September 5, 2020 at 09:39
Hello brit , thanks very much for your time and help up to this point , we even thank God for giving strengthening as you fight for our rights , God bless you Soo much ,.. my question was , I went for my Visa interview on 12th March ,my case was put on AP is there a poy of visa being issued ?
September 5, 2020 at 14:02
READ.
https://britsimonsays.com/after-lawsuit-order-what-now/
September 5, 2020 at 06:33
Hello Brit! Can you comment if this would anyhow affect the banned countries? We had interview scheduled in April, Kyrgyzstan
September 5, 2020 at 13:49
The travel ban is still in effect
September 5, 2020 at 04:13
Many thanks BritSimon, many thanks. You are like me :), my true religion is kindness, thank you, God bless you and your family. Enjoy your weekend, you really do need some time away enjoy!
September 5, 2020 at 04:17
Thanks!
September 5, 2020 at 04:08
Hi Brit, thanks for giving information on the lawsuits, at the time they were looking for plaintiffs, and keeping an open mind to the chances and risk of success. I took the risk and joined as a plantiff and the judge’s decision is exactly the outcome I thought was possible and hoped for. In relation to some earlier comments, my view is the consolidation of cases helped get a good outcome for everyone (named plaintiffs only get priority and are a small proportion). Anyway, that’s the long way to say thank you for adertising the lawsuits many months ago. Cheers.
September 5, 2020 at 04:16
Best of luck.
September 5, 2020 at 03:44
Hy mr im among the name plaintiff i did not recieved confirmation message nd i sent my documents 5 times do u think i will be help befor the the dead line
September 5, 2020 at 04:15
https://britsimonsays.com/after-lawsuit-order-what-now/
September 5, 2020 at 03:11
Hello Brit,
In my DS260 form, I have chosen US embassy at Nepal for the interview. But just I came to know that office which conduct medical tests for immigration is closed and not sure when it will open. Will it be wise to ask KCC to change my interview location to Mumbai.
Plz guide me.
Thank you
September 5, 2020 at 03:33
CASE NUMBER!!!!
September 5, 2020 at 03:04
Dear Brit, is that true that even if we are able to get the visa, we can’t enter the United States until December 30, 2020? What if Trump remains president and prolongs the Ban?
Also, if I get the visa and come to the United States on my B2 visa, is that possible? I mean not activate the green card. And then In December go back again to my home country, come back to the US and activate it this time?
September 5, 2020 at 03:32
1. As I understand it entry would be blocked until January, but wait and see what DoS say in response.
2. No. If you get the visa the next entry must be to activate. Stop thinking short term.
September 5, 2020 at 02:36
Hi Simon.
Case#: 2020AS226xx documents processes and veryfied
Statuse: at NVC, sice Visa ban
Is it possible to ask KCC to schedule an appointment as an emergency for my case? and also consolor in Kabul are open and process SIV casses here? Or we still have to wait for September 25th?
thanks
September 5, 2020 at 03:28
If you were not already scheduled you are at risk. But you can ask them.
September 5, 2020 at 01:24
Thank you for your information, Mr. Simon. I just have many questions in the head. Why the American law is so unfair? Pandemic happened, Trump gave an excuse by an immigration ban to save the country’s economy. Why don’t they just postponed DV lottery 2022 and transfer the cases DV2020 and DV2021 up one year? What the meaning of DV lottery 2022, if all the cases DV2020 and DV2021 were cheating by the government?
September 5, 2020 at 03:26
I understand you are angry and frustrated, but you are seeing justice being done. Of course not everyone can be helped, but the statement that “American law is so unfair” is just ridiculous.
September 5, 2020 at 05:18
Thanks Mr. Brit for your information,my question is for the cancelled interviews will one need to have adate with the embassy first before going for medicals or how is it going to be because some physicians might ask for the given date for interviews in order to undertake the medicals.
September 5, 2020 at 05:20
Yes I understand – people will need to play that by ear. The experience will vary in each country.
September 5, 2020 at 00:11
From @Law360’s twitter handle:
BREAKING: A D.C. federal judge temporarily barred the Trump administration from applying its visa ban to foreign citizens who won green cards in the Diversity Visa lottery, finding that the refusal to process their visas is likely illegal.
https://www.law360.com/articles/1307817/breaking-dc-judge-shields-diversity-visa-winners-from-ban
September 5, 2020 at 03:23
This is curtis Morrison’s description too.
September 4, 2020 at 23:48
Hello Simon,
Does this mean that the interviews for dv2021, will start in November?
September 5, 2020 at 03:24
Maybe
September 4, 2020 at 23:45
Hi Simon,
I have my case at the US Embassy (I’ve already received 2nl in March) and the consulate here at my home country has been open for a few months now because the covid crisis isn’t so bad where i live. I may not be listed as one of the mentioned plaintiffs but I believe the court order will make them work on the cases that have been scheduled but cancelled.
Do you think I should email them and also show them the court order issued today?
Thanks
September 5, 2020 at 02:22
Thank you Brit for your enormous effort towards DV winners. Please with your long standing experience ,
1 is it possible to Rescheduled canceled interview at the embassy within 3 weeks?
2 looks like the judge is saying the CO should consider our case as mission critical.In that case can cases can be rescheduled within few days?
3Should those who had their medicals expired go for new medicals or we should wait till we are rescheduled ?
4 or can we apply for one month extension of the medicals ?
Thank you.
September 5, 2020 at 03:28
1. For some cases, yes.
2. Yes – you must contact the embassy.
3. New medicals to assure the longest visa validity (6 months).
4. See 3.
September 5, 2020 at 03:23
Yes you should do that immediately – and book a medical.
September 4, 2020 at 23:45
Hi Brit
How judge ruling will have impact on DV2021?! Do you think KCC and embassies will process visas before 31/12/2020 for DV2021?!
September 5, 2020 at 03:22
DV2021 runs until a year from now. Let’s focus on DV2020!
September 4, 2020 at 23:45
Hi Brit !
I am from Italy, I have not received my 2NL yet, but I am waiting it since April, my docs are processed . I am a Curtis’s plaintiff, do you think I have a chance to be interview by September 30th? Thanks
September 5, 2020 at 03:22
Yes you may have a chance.
September 4, 2020 at 23:42
Hi Bri,
Very heart breaking. We were expecting a complete TRO after seeing unfair treatment by the pandemic and EO. Just leaving everything like this shows there is no hope for us.
Much thanks to Brit and the entire AILA team for the good fight, we appreciated your relentless work.
September 5, 2020 at 03:22
This order will help many people!
September 4, 2020 at 23:42
Hi Britsimon thanks for the hard work you are doing for us. Is this result has effect on dv2021? Meaning will dv2021 winners start interview in october 2020?
September 5, 2020 at 03:21
October is gone. We might get November interviews. Wait and see. DV2020 is the main concern right now.
September 4, 2020 at 23:40
Thank you Brit for the update and thank you to all that work day and night to get this wonderful result. Congrats DV 2020 winners and God bless us all see you in US. Am grateful to you Brit thank you from my heart.?? . Thank God it will end in praise. Grateful to God.
September 5, 2020 at 03:20
Congratulations Golden. Your bravery will be rewarded.
September 4, 2020 at 23:38
“Gomez” it was how AILA named their lawsuit. I don’t know if I’m ok but we still have a chance in this nightmare. In the other hand the judge will be holding another conference on September 25th to see the quantity of numbers processed by the KCC and he can extent the DV2020 on that day. Let’s be positive guys! Nobody knows how it’s gonna work
September 4, 2020 at 23:31
Hello Simon,
So, being in group 3, my case is in the embassy since March, doesn’t get any remedy? Do I still have hope or do I need to wait update on September 25?
September 5, 2020 at 00:19
Thank you Mr Brit for ur wonderful work,
Do groupe 4 still have hope or do we need to wait update on September 25?
September 5, 2020 at 03:25
You are at risk, unless there is a broad extension on September 25th.
September 18, 2020 at 05:52
But, even the group 1, 2, and 3 proceses have not yet started by most embassies, what more about group 4, let’s just wait and see what God does, ore frustrating
September 4, 2020 at 23:30
Hi Simon. Is it possible to ask KCC to schedule an appointment as an emergency one for cases that have their documents processed? Or we still have to wait for September 25th?
September 4, 2020 at 23:29
Is there a chance that we have a canceled interview in May?
September 5, 2020 at 03:19
For a case that was cancelled you can contact the embassy and ask them to complete the interview. The ruling means you can do that but you must hurry.
September 4, 2020 at 23:28
Hi Birt,
For this point of “He has said that named plaintiffs on the various cases should be prioritized for processing by September 30, 2020.”
What do you think about the action that the named plaintiffs should do/take now to communicate their priority to either KCC or embassyies? of DoS should take this responsibility?
Please let me know you advice to them and the proper actions they can do according to time limitation.
Regards,
Ahmed
September 4, 2020 at 23:24
Hello sir
My interview was in march 13 visa approuved
Last week they return me my passport with no visa .
Iam not registred with any lawsuit (curtis…) just with AILA .
Does the judge decision affect me?
Should i contact the embassy?
Thank you !!!
September 5, 2020 at 03:18
As I stated in my video, you should immediately contact the embassy, provide the link to the order and ask them to issue the vise. I suggest you discuss getting a new medical with them so that you can get as long as possible to process.
September 4, 2020 at 23:10
Hello Brit, seems like I’m the first one to comment today :-). With that being said, from your highlights, I believe that the judge has been fair. And congrats to the DV winners named on the lawsuits. Here’s to hoping that the Judge’s decision will come into effect immediately for them.
I’m also grateful that he saw DV cases as emergencies. Hope it will have a positive impact for DV2021 selectees. Thanks Brit for the work you put in. Love from Cameroon. Have a blessed weekend.
September 5, 2020 at 13:51
Hi Karel are you a plaintiff in any of the cases?
September 9, 2020 at 14:30
Hey Gina, no I’m not. But I’m happy for those that it will help and so sorry for those who can’t find a way. Let’s hope the new lawsuit will be of any help
September 4, 2020 at 23:09
☹
September 4, 2020 at 23:09
I hope my name is on that status report on Sept 25th – right next to “issued” fingers crossed!
September 4, 2020 at 23:06
I didn’t get it! What does it mean all of that? Is it dead for people who had an interview canceled and didn’t go for Morrison?
September 5, 2020 at 03:15
See my video update.
September 5, 2020 at 03:28
Wait for lawyers interpretation. Just simple, wait for lawyers interpretation, are you a lawyer?
September 4, 2020 at 23:02
Decision itself is very unfair from my point of view. I was the part of AILA plaintiff, because I didn’t have much money for Morrison and I wasn’t the one who was the representative of my group(they have lost my documents and then haven’t processed it), so there is nothing for me,because I’m not the one who was prioritized from the judge. Have no words to express how disappointed I am.
September 4, 2020 at 23:06
It seem that Morrison lawsuit ruined the AILA lawsuit and all of us.
September 5, 2020 at 03:16
@ Bler – That is an idiotic comment. I get that people can be frustrated and angry – but THINK.
September 4, 2020 at 23:14
Hi, please pray!! Judge may extend the deadline after seeing the report on 25th September.
September 4, 2020 at 23:14
Same here. I think it’s so unfair ? I’m very sad and disappointed right now by this situation ?
September 4, 2020 at 23:01
It mean people in ap can be processed too
September 5, 2020 at 03:13
Watch my video update above.
September 4, 2020 at 23:00
Looking forward to the lawyers interpretation. Thanks Brit.