Judge Temporarily Blocks Enforcement of USCIS F, M, and J Unlawful Presence Policy

May 3, 2019

On May 3, 2019, the U.S. District Court for the Middle District of North Carolina issued a nationwide preliminary injunction that temporarily prevents the Department of Homeland Security (DHS) from enforcing the U.S. Citizenship and Immigration Services (USCIS) August 8, 2018 policy memo that changed how days of unlawful presence are counted following  F or J  non-immigrant status violations. Due to the prelimiary injunction, DHS is  temporaily restricted from enforcing the new unlawful presence policy while the case is being resolved. The Court has set an expedited briefing schedule to file briefs and cross-motions for summary judgment by the end of May 2019. 

For more detailed information, see NAFSA's summary of the Unlawful Presence policy and ongoing litigation