23 Feb 2022

Notice Re Hold on Denials for CARRP Naturalization and Adjustment of Status Applications (Wagafe v. Biden)

"In Wagafe v. Biden, 17-cv-00094 LK (W.D. Wash.), Plaintiffs challenge the legality of USCIS’s secret program called the Controlled Application Review and Resolution Program (CARRP), on behalf of national classes of naturalization and adjustment of status applicants subject to CARRP—USCIS’s policy for handling cases alleged to have “national security concerns.” USCIS has announced it is conducting an internal review of the program that has been the subject of five years of litigation. As a result, the parties agreed to a temporary stay of the litigation. As part of that agreement, USCIS agreed to put a hold on issuing any new denials of class members’ applications.

Per court order in Wagafe v. Biden, 17-cv-00094 LK (W.D. Wash.), beginning on February 1, 2022 and continuing until June 9, 2022, USCIS may not issue denials of Form I-485 (adjustment of status) and N-400 (naturalization) for class members’ applications. There are two narrow exceptions to this rule:
  1. USCIS will not hold the denial of any relevant application if USCIS will issue a “Notice to Appear” (NTA) to the applicant following denial of the case.
  2. USCIS will not hold the denial of any relevant application if that application is at issue in ongoing litigation (other than the Wagafe litigation).
Approvals and other administrative actions should not be impacted by this hold on denials.
As class counsel, we would appreciate hearing from anyone who receives a denial of an adjustment or naturalization application believed to be subject to CARRP in violation of this agreement. Due to a restrictive protective order in the case, we are unable to disclose whether any individual is a class member.
If you are unsure whether your client is subject to CARRP, look for tell-tale signs. A checklist of common signs can be found here, pgs 10-11.
Thank you!
Jennie Pasquarella, jpasquarella@aclusocal.org
Matt Adams, matt@nwirp.org
Sameer Ahmed, sahmed@law.harvard.edu
Jennie Pasquarella
Director of Immigrants’ Rights & Senior Staff Attorney
ACLU of Southern California
1313 West Eighth Street | Los Angeles, CA 90017
(T) 213.977.5236"