High-skilled green card applicants from Iran can move forward with their legal challenge to policies carrying out President Donald Trump’s travel ban, a federal judge in Washington ruled.
The State Department cannot obtain early dismissal based on arguments that its policies are shielded from judicial review, Judge Tanya Chutkan of the US District Court for the District of Columbia found Wednesday. The doctrine of consular nonreviewability invoked by the government only applies to decisions in particular cases, she found.
“Because plaintiffs attack State Department policies—not individual visa determinations—their claims do not implicate consular nonreviewability,” Chutkan, an Obama appointee, wrote.
The ...