FOIA: Releasing records on the green card freeze for refugees and asylees

IRAP filed lawsuits against U.S. Citizenship and Immigration Services (USCIS) challenging their refusal to respond to Freedom of Information Act (FOIA) requests seeking the disclosure of policies that have indefinitely halted green card adjudications for tens of thousands of refugees and asylees.

Background

On April 10, 2025, IRAP submitted a FOIA Request to USCIS seeking records related to USCIS directive(s) that paused the adjudication of green card applications filed by refugees and asylees (the AOS (Adjustment of Status) Pause Directive(s)). Under U.S. immigration law, adjustment of status is the process by which an eligible individual already physically present in the United States can apply for lawful permanent resident status (i.e., a green card) without having to return to their home country for consular processing. Refugees and asylees are legally eligible for permanent status after one year, and delays in that process leave them in limbo and at greater risk of harm or deportation. IRAP requested expedited processing of the request given its urgent public significance in this context, but the agency denied expedition without explanation and, despite the request’s narrow focus, placed the request in its “complex” processing track.

As a result of this litigation, IRAP obtained two documents from USCIS: the March 21, 2025 AOS Pause Directive Email and the April 10, 2025 Valverde Email Lifting the AOS Pause Directive. On July 28, 2025, IRAP filed a FOIA request seeking the disclosure of the AOS Vetting Guidance records referenced in the April 10, 2025 Valverde Email, which states that some refugees and asylees will experience further delays in their green card applications.

Impact

This case seeks to compel USCIS to release these policies and bring transparency to a mass delegalization framework that has already disrupted the stability and legal rights of thousands of refugees and asylees. In the face of a sweeping and opaque federal policy, access to this information is essential for affected individuals, their attorneys, and advocates to make informed decisions.

Case status

• June 11, 2025: AOS Pause Directive(s) FOIA Complaint is filed.

• July 21, 2025: As a result of this litigation, USCIS produced two documents: the March 21, 2025 AOS Pause Directive Email and the April 10, 2025 Valverde Email Lifting the AOS Pause Directive.
• July 28, 2025: IRAP filed a FOIA request seeking the disclosure of the AOS Vetting Guidance referenced in the April 10, 2025 Valverde Email.
• December 4, 2025: AOS Vetting Guidance FOIA Complaint is filed.