Laken Riley Act Could Impact U.S. Visa Stamping for Certain Foreign Nationals

Quick Hits

• The Laken Riley Act authorizes states to sue for injunctive relief to stop the issuance of visas to nationals of a country that denies or unreasonably delays the acceptance of nationals ordered removed from the United States.
• The act potentially allows state attorneys general to disrupt federal immigration policies and procedures.
• Foreign nationals of certain countries may be unable to obtain visa stamping at U.S. consulates if their “home countries” deny or unreasonably delay the acceptance of their nationals ordered removed from the United States.

The Laken Riley Act places unprecedented power in the hands of state attorneys general (and other authorized state officers) to reshape federal immigration law by allowing states to sue for injunctive relief to halt the issuance of visas at U.S. consulates for nationals of certain countries. Thus, a singular state’s attorney general could potentially sue for injunctive relief to stop visa issuance to nationals of entire countries.

Next Steps

It will be important to closely monitor which countries are willing to cooperate with the Trump administration by repatriating and accepting their nationals who are ordered removed from the United States. Countries that deny or unreasonably delay repatriation could cause immense unintended issues for their nationals who are lawfully present in the United States or intend to lawfully enter the United States. Impacted foreign nationals needing new visa stamps for international travel or initial visa stamps to enter the United States could face unexpected delays or impasses in these scenarios.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will publish updates on the Immigration blog as additional information becomes available.

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