Clark Hill Secures First Known Injunction Against Visa Ban Affecting Adopted Children

Clark Hill attorney Mark Stevens, with Paola Armeni serving as local counsel in the District of Nevada, obtained a temporary restraining order from a federal judge enjoining the U.S. Department of State from applying its newly announced immigration ban to a Nevada family amid a long-running intercountry adoption process.

Earlier in January, the State Department announced a policy pausing immigration from 75 countries. The policy created a mandatory barrier for a U.S. citizen mother in Nevada seeking immigrant visas for two adopted children from the Democratic Republic of Congo—children who had been in the immigration process for more than nine years and whose siblings had previously joined the family through the same process.

On Jan. 28th, the federal district court found that the State Department’s policy was likely unlawful as applied to the plaintiffs. The court held that the directive conflicted with federal immigration statutes requiring individualized public-charge determinations by consular officers, exceeded the Department’s statutory authority by mandating denials for otherwise eligible applicants, and should have been subject to notice-and-comment rulemaking. The court entered a temporary restraining order preventing the State Department from applying the ban to this family.

While the court did not order immediate visa adjudication or find unreasonable delay, this ruling is believed to be the first injunction issued against the State Department’s sweeping immigration pause. Around the same time, the State Department publicly affirmed its support for intercountry adoption, noting that children adopted by Americans may qualify for a National Interest Exception even where visa issuance is otherwise limited.

This outcome highlights Clark Hill’s ability to navigate rapidly evolving federal policy, protect clients facing urgent and life-altering consequences, and advocate effectively at the intersection of immigration law and family rights.

Families navigating intercountry adoption and immigrant visa issues related to the recent State Department policy changes are encouraged to contact Mark Stevens for assistance.