USCIS issued a policy memo on August 9, 2018, regarding “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,”. A lawsuit has been filed this week stating this memo as contrary to the statutory unlawful presence provisions, and violative of the Administrative Procedure Act and the Due Process Clause of the U.S. Constitution. This case is titled as Guilford College v. Neilsen and filed on 10/23/18.
Plaintiffs Guilford College, Guilford College International Club, The New School, Foothill-De Anza Community College District, and Haverford College initiated this lawsuit against Defendants Kirstjen Nielsen, in her official capacity as Secretary of Homeland Security; the U.S. Department of Homeland Security (“DHS”); L. Francis Cissna, in his official capacity as Director of U.S. Citizenship and Immigration Services; and U.S. Citizenship and Immigration Services (“USCIS”). This lawsuit requests the court to declare the USCIS memorandum as unlawful.