By Dave Simpson

Law360 (April 29, 2020, 11:02 PM EDT ) An Oregon federal judge on Wednesday rejected a certified class of green card beneficiaries' bid to enjoin aspects of President Donald Trump's green card ban, finding no connection between Trump's October immigration order that spurred the class action and his recent COVID-19-related ban.

U.S. District Judge Michael H. Simon said that the bid from the class, along with the American Immigration Lawyers Association and the Innovation Law Lab, for a temporary restraining order under the All Writs Act fails to draw an appropriate nexus between the underlying claims and the newly challenged conduct.

"The April 22nd proclamation is completely unrelated to the October 4th proclamation," Judge Simon said. "Simply because the April 22nd proclamation may preclude or delay the processing of immigrant visa applications is too attenuated from the allegations in the first amended class action complaint to support an extraordinary writ under the All Writs Act."

On Saturday, the class asked the court to restore emergency consular and visa processing services that were shuttered by Trump's April 22 green card ban, arguing it puts child class members at risk of losing their places in the visa processing line.

The groups asked the court to temporarily halt the ban — which bars foreigners seeking green cards from coming to the U.S. during the coronavirus outbreak — for 21 days so child class members can use emergency visa processing services to request green cards before they lose their child relative preference status.

If the children in the lawsuit can't access emergency services, they may become too old to receive a green card as children of a U.S. citizen and will no longer be able to reunite with their families in the U.S., the nonprofits said.

"As time ticks by, the denial of access to currently available emergency consular processing services endangers these class members' immigration status and frustrates the relief afforded in this case," they said.

The nonprofits filed the current suit in October challenging Trump's executive order barring immigrants who lack health insurance or can't prove that they can afford health care from receiving visas to enter the country.

Judge Simon found in November that Trump's order was likely illegal and blocked the policy from taking effect for the remainder of the lawsuit.

Earlier this month, the judge granted the green card beneficiaries in the current suit class certification, ruling that they showed more than 40 individuals could be hurt by Trump's policy warranting that the case proceeds as a class.

Then last week, Trump issued his green card ban, claiming it was intended to protect Americans who lost their jobs as a result of the coronavirus pandemic. The ban exempted spouses and minor children of American citizens, foreign investors, health care workers and people with already approved green cards, but it did not preserve green card applicants' ability to access emergency consular and visa processing services.

"Plaintiffs' All Writs Act challenge to the April 22nd proclamation should be brought as a separate challenge specific to that proclamation, seeking a preliminary injunction or [temporary restraining order] under Rule 65, if appropriate," Judge Simon said Wednesday.

The certified class is represented by Stephen Manning, Tess Hellgren and Nadia Dahab of Innovation Law Lab, Karen C. Tumlin and Esther H. Sung of the Justice Action Center, Jesse Bless of the American Immigration Lawyers Association and Scott D. Stein and Kevin M. Fee of Sidley Austin LLP.

The federal government is represented by Brian C. Ward, August E. Flentje and Courtney E. Moran of the U.S. Department of Justice's Civil Division.

The case is Doe et al. v. Trump et al., case number 3:19-cv-01743, in the U.S. District Court for the District of Oregon.

--Additional reporting by Sarah Martinson. Editing by Jay Jackson Jr.

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