IMMIGRATION LITIGATION DEPARTMENT
The Issue
American Muslims often face unfair delays and denials in their immigration applications. Government agencies responsible for processing these applications sometimes exhibit discriminatory practices, leading to prolonged waiting periods or unjust rejections. These delays can create an endless cycle of uncertainty and frustration for Muslim immigrants, such as the Controlled Application Review and Resolution Program (CARRP), which unfairly targets Muslim applicants based on baseless terrorism designations.
To combat this discrimination, the Muslim Legal Fund of America (MLFA) leverages federal court litigation. Through the use of legal tools like the Writ of Mandamus and actions under the Administrative Procedures Act (APA), MLFA challenges the arbitrary and capricious actions of government agencies. In cases where Muslim applicants are experiencing unreasonable delays, MLFA files lawsuits to seek fair treatment and hold the government accountable.
MLFA’s Immigration Litigation Department carefully selects cases where there is a reasonable belief that discriminatory delays and potential national security concerns are involved. The goal is not only to secure fair treatment for the individual client but also to make a positive impact on similar cases, ensuring that the government follows due process and treats all noncitizens equally.
With years of expertise in federal court litigation for delayed/denied applications, MLFA has played a significant role in uncovering USCIS’s discriminatory practices, like CARRP. This knowledge has been instrumental in empowering countless attorneys and nonprofit organizations to challenge unfair delays and unsupported accusations against Muslim immigrants seeking legal status. MLFA has litigated cases involving naturalization application delays, de novo review of naturalization denials, and challenges to BIA denials in multiple federal court circuits. MLFA continues to actively seek opportunities to make a difference in upcoming lawsuits.