Use this button to switch between dark and light mode.

CADC: District Courts Cannot Order DOS to Issue Visas

June 25, 2024 (1 min read)

Goodluck v. Biden

"In these four consolidated appeals, district courts held that the Department of State had unlawfully suspended, deprioritized, and delayed the processing of applications for diversity visas for fiscal years 2020 and 2021, at the height of the COVID-19 pandemic. As a remedy, the courts ordered the Department to continue processing applications and issuing visas after the statutory deadlines for doing so had passed. We hold that the courts lacked authority to order this relief. ... Once Fiscal Years 2020 and 2021 ended, the plaintiffs lost their eligibility for diversity visas. The district courts erred in asserting an equitable authority to override these clear statutory deadlines, which foreclose the prospective relief sought in these cases. Accordingly, we reverse the remedial orders challenged by the government, reject the Goh cross-appeal, and remand the cases with instructions to enter judgment for the government."

Tags: