Originally published February 7 2006
Federal court issues permanent injunction against DHS
by Mike Adams, the Health Ranger, NaturalNews Editor
The Department of Homeland Security has been withholding documentation from lawful residents. U.S. District Court Judge Marilyn Hall Patel called the actions "arbitrary and capricious." The injunction requires the DHS to issue documentation within a set period of time.
A federal court issued a permanent injunction against the Department of Homeland Security (DHS), ordering the agency to provide documentation of lawful status ("green cards") to a nationwide class of lawful permanent residents (LPRs) who have been denied such proof for months and, in some cases, years.
U.S. District Court Judge Marilyn Hall Patel of the Northern District of California says, "The DHS's policy of withholding documentation from persons already determined to be LPRs by Immigration Courts was arbitrary and capricious, and violated the DHS's nondiscretionary duty to issue documentation in a timely manner."
John C. Dwyer, a partner at Cooley Godward, welcomed the ruling, saying, "It's unfortunate when it takes an order from a federal judge to get the federal government to do what they are obligated to do by law.
Judge Patel got it right, and we hope that the Department of Homeland Security will now finally provide the documentation to which these lawful residents are entitled."
The permanent injunction requires the DHS to issue documentation of lawful status to class members within a set period of time after the class member appears at an appointment at a U.S. Citizenship and Immigration Services (USCIS) office and requests documentation.
Javier N. Maldonado, Executive Director of the Texas Lawyers' Committee says, "We are extremely pleased with the court's injunction.
Our clients will now have the opportunity to fully enjoy the important rights and privileges of being a lawful permanent resident in the United States, that is to work, travel, attend school, and pursue the American dream."
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