Immigrant families and organizations have filed a lawsuit against USCIS policies that threaten to separate families and complicate the green card application process for eligible immigrants residing in the United States.
BOSTON — A coalition of immigrant families, workers, educators, unions, and immigrant rights organizations has filed a lawsuit challenging two policies implemented by the Trump-Vance administration. These policies significantly hinder or outright prevent eligible immigrants already living in the United States from obtaining lawful permanent residence, commonly known as a green card, without leaving the country.
The lawsuit targets new directives from U.S. Citizenship and Immigration Services (USCIS) that fundamentally alter the long-standing process known as “adjustment of status.” This process was established by Congress to allow eligible immigrants residing in the U.S. to apply for permanent residence without having to leave their families, jobs, and communities to pursue a green card abroad.
The policies under scrutiny include:
The Adjustment of Status Policy, issued in May 2026, which directs immigration officers to view an applicant’s decision to seek permanent residence from within the U.S. negatively. It also requires applicants to demonstrate “unusual or even outstanding” circumstances to counter this negative assessment.
The Evidence, Requests for Evidence, and Notices of Intent to Deny Policy, issued in August 2026, allows USCIS officers to deny applications without providing applicants the opportunity to submit additional evidence. This applies even to individuals who filed their green card applications before the implementation of these new policies.
These changes jeopardize the legal immigration process for individuals who have followed the rules to seek permanent residency. They risk losing their ability to live and work in the U.S., face separation from their families, and experience disruptions to their careers and education.
The organizational plaintiffs represent a wide array of immigrants across the country pursuing permanent residence, including educators, researchers, healthcare workers, and service workers. Individual plaintiffs include Areli Esmeralda Rojas Correa, Miriam Esther Moreno Coto, Maria Francisca Guardado, Ikechi Obinna Nwaozuzu, Derly Sierra Palacios, and Julieth Melissa Camargo Figueroa, all of whom have established lives in the U.S. but now find their ability to remain with their families and communities threatened by these policies.
The plaintiffs are seeking a court order to block and ultimately overturn these policies, requiring USCIS to process affected green card applications in accordance with established legal precedents. They are represented by Democracy Forward, the American Immigration Council, the American Immigration Lawyers Association, and Colombo & Hurd.
“By weaponizing the green card process and threatening immigrant professors, researchers, and students with sudden deportation or forced family separation, this administration is sabotaging scientific innovation and turning our universities into hostile environments for the global talent that drives our country forward,” said Todd Wolfson, President of the American Association of University Professors. “Trump’s assault on immigrants is not only cruel and inhumane; it weakens the global competitiveness of our higher education institutions.”
Kirsten Weld, co-president of the Harvard University Chapter of the American Association of University Professors, echoed these sentiments, stating, “Immigrant faculty and students are essential to the success and vitality of U.S. higher education and research. These cruel and counterproductive new policies reflect both the Trump administration’s larger anti-immigrant crusade and its unconstitutional war on universities.”
Mary Battenfeld, co-president of the Boston University Chapter of the American Association of University Professors, condemned the new policies, which impose burdensome and unclear rules on international faculty and students. “These regulations threaten the ability and freedom of faculty and students to research, teach, and learn, harming valued members of our community and interfering with Boston University’s mission as an international research institution,” she said.
Rocío Sáenz, Secretary-Treasurer of SEIU, emphasized the impact of these policies on working people. “Many SEIU members are foreign-born U.S. citizens, lawful permanent residents, and immigrants authorized to work in the United States. We oppose any policy that makes it harder for working people to do their jobs and provide for their families,” she stated.
David Foley, President of SEIU Local 509, added that the directive disrupts legal immigration pathways and threatens the livelihoods of many workers. “It is clear that the focus of this administration has never been on keeping our communities safe, but rather on expelling as many immigrants as possible,” he said.
Skye Perryman, President and CEO of Democracy Forward, criticized the administration’s actions, stating, “Congress created a process that allows eligible people who are already living in the United States to pursue permanent residence without uprooting their lives. The executive branch cannot rewrite that system and then treat people’s lawful actions as a reason to deny them permanent residency.”
Leslie Dellon, a senior attorney for business immigration at the American Immigration Council, noted the significant consequences of these policies. “For decades, people who met the requirements to apply for a green card from inside the United States were able to do so without that choice counting against them. But under these new, radical policies, the Trump administration is trying to reverse decades of practice,” she said.
Jeff Joseph, President of the American Immigration Lawyers Association, emphasized the need for fairness and due process in the immigration system. “No administration should be permitted to rewrite the rules unilaterally or place itself above the law,” he stated.
The implications of these policies are already being felt, with the lawsuit highlighting the potential for prolonged family separations, job losses, and disruptions to education and research. The case is titled American Association of University Professors et al. v. U.S. Department of Homeland Security et al.
For more information, the filing can be accessed through the American Immigration Council.