DETROIT (January 10, 2025) – A federal district court judge in Michigan has ruled that survivors of crime who are suing the Department of Homeland Security (DHS) for unreasonable delays in their U visa applications have enough standing to move forward in their lawsuit. The decision comes after the plaintiffs in the case, A.M.P. v. DHS (formally known as B.L.R. v. DHS), asked the court to reconsider its previous decision to dismiss the case.
The National Immigrant Justice Center (NIJC), Michigan Immigrant Rights Center (MIRC), and Winston & Strawn LLP filed the class-action lawsuit in 2023. The nine named plaintiffs are survivors who assisted law enforcement in criminal investigations, filed U visa applications more than three years ago, and are still waiting for U.S. Citizenship and Immigration Services (USCIS) to make initial decisions, known as “bona fide determinations,” which could provide them access to work authorization and protection from deportation while they wait in a years-long backlog for their visa applications to be fully considered.
“Every day, our clients and other noncitizen victims of crime are affected by prolonged U visa processing times caused by USCIS inaction and delay,” said Meredith Luneack, staff attorney at MIRC. “We have several clients who have waited nearly six years without any updates or news, or even an initial acknowledgement of the legitimacy of their case. The court ruled that our clients have been injured by these delays. We celebrate this recognition of our clients’ suffering, and we look forward to continuing our advocacy to address these unreasonable and harmful delays.”
Congress created the U visa in 2000, as part of the Victims of Trafficking and Violence Protection Act, to provide a pathway to permanent status for noncitizen survivors who suffer substantial physical or mental harm as a result of rape, sexual assault, domestic violence, or other qualifying crimes and for whom a law enforcement officer certifies that they were helpful in the investigation or prosecution of the crime. The program was intended to allow noncitizens to seek help from law enforcement without fearing they might be deported.
The court had previously issued an erroneous decision last year granting a motion from DHS that sought to dismiss the case. The court’s January 2 decision acknowledged and corrected its error, concluding that the court has the authority to consider whether it should compel DHS to address unreasonable delays in the bona fide determinations process.
“The court’s ruling, which recognizes that survivors are harmed by delays in U visa processing, means that USCIS does not have carte blanche to sit on applications indefinitely,” said Richard Caldarone, senior litigation attorney at NIJC. “The plaintiffs will now have an opportunity to show that it is unreasonable for the agency to take more than four years to provide relief that requires only minutes of staff time.”
All of the plaintiffs have suffered severe harm from DHS’s delays, often because they are unable to apply for work authorization until they receive a bona fide determination. For example, lead plaintiff A.M.P. brought charges against an acquaintance who sexually assaulted her. A.M.P. applied for a U visa in October 2021 but has yet to receive a bona fide determination from USCIS — meaning that she cannot legally work and lacks a reliable way to transport her U.S. citizen son, who has eye cancer, to medical appointments.
“We look forward to litigating plaintiffs’ claims on their merits and helping U visa applicants avoid needless delays in obtaining the benefits they deserve,” said Winston & Strawn partner Kurt Mathas.
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National Immigrant Justice Center (NIJC) is dedicated to ensuring human rights protections and access to justice for all immigrants, refugees and asylum seekers. NIJC provides direct legal services to and advocates for these populations through policy reform, impact litigation, and public education. immigrantjustice.org
Michigan Immigrant Rights Center (MIRC) is a statewide legal resource center for Michigan’s immigrant communities that works to build a thriving Michigan where immigrant communities experience equity and belonging. MIRC's work is rooted in three pillars: direct legal services, systemic advocacy, and community engagement and education. michiganimmigrant.org
Winston & Strawn LLP is an international law firm with 15 offices in North America, South America, Europe, and Asia. More information about the firm is available at www.winston.com.