UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PHILIP KINSLEY, et al., Plaintiffs, v. Civil Action No. 21-962 (JEB) ANTONY J. BLINKEN, Secretary of the U.S. Department of State, et al., Defendants. MEMORANDUM OPINION Among the disruptions wrought by the COVID-19 pandemic have been halts and delays in the U.S. visa-processing system. Here, a large group of noncitizens, U.S.-citizen petitioners, associations, and corporations bring suit to challenge the cessation of visa processing in specified countries. They allege as unlawful Defendant State Department’s interpretation of several Presidential Proclamations to prevent U.S. consulates and embassies in those countries from adjudicating visas. In now seeking dismissal or summary judgment, the Government argues that the Court is barred from considering Plaintiffs’ claims for a range of jurisdictional reasons, and that, even if addressed, their claims are deficient. While the Court concurs with Defendants that some Plaintiffs lack standing or have claims that are now moot, it also concludes that, as to the nine remaining Plaintiffs, their claims are justiciable, and State acted improperly in suspending visa issuance based on the Proclamations. These Plaintiffs thus achieve summary judgment. 1 I. Background A. Factual Background In response to the ongoing pandemic, both Presidents Trump and Biden issued a series of COVID-19 Regional Proclamations that restrict the entry into the United States of immigrants and nonimmigrants who have been in certain countries for a 14-day period preceding any attempt to enter. See ECF No. 11 (Second Am. Compl.), ¶¶ 68–75; see also Proclamation No. 9984, 85 Fed. Reg. 6,709 (Jan. 31, 2020) (Republic of China); Proclamation No. 9992, 85 Fed. Reg. 12,855 (Feb. 29, 2020) (Iran); Proclamation No. 10143, 86 Fed. Reg. 7,467 (Jan. 25, 2021) (United Kingdom, Ireland, Brazil, South Africa, and the Schengen Area — i.e., 26 European countries that generally allow cross-border travel); Proclamation No. 10199, 86 Fed. Reg. 24,297 (Apr. 30, 2021) (India – Nonimmigrants Only). These proclamations were issued pursuant to 8 U.S.C. § 1182(f), under which [w]henever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may . . . suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. As of April 2021, the State Department had interpreted “[t]hese proclamations, with certain exceptions, [to] place restrictions on visa issuance and entry into the United States for individuals physically present in China, Iran, Brazil, UK, Ireland, South Africa, and the 26 countries in the Schengen area.” SAC, ¶ 77 (quoting U.S. Department of State – Bureau of Consular Affairs, Visa Services Operating Status Update (Apr. 6, 2021), https://bit.ly/3gquvNH (Visa Services Update)). As a result, visa applications for individuals from those countries — and India as of April of this year — have not been adjudicated. Id., ¶ 17. Department officials have noted, however, that the Proclamations are “based on …
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