UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) JESSICA NGUYEN, et al., ) ) Plaintiffs, ) ) v. ) Case No. 20-cv-00718 (APM) ) U.S. DEPARTMENT OF HOMELAND ) SECURITY et al., ) ) Defendants. ) _________________________________________ ) MEMORANDUM OPINION AND ORDER Plaintiffs in this action are a mix of United States citizens, lawful permanent residents, and diversity visa lottery winners, who seek a temporary restraining order preventing Defendants from implementing and enforcing Presidential Proclamation 10014, Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, 85 Fed. Reg. 23,441 (Apr. 22, 2020) (“Proclamation”). Because Plaintiffs have failed to establish Article III standing, the court denies Plaintiffs’ motion. I. A. On April 22, 2020, President Trump signed Presidential Proclamation 10014, which temporarily suspends the “entry into the United States” of certain classes of immigrants who did not already have a valid immigrant visa or travel document as of April 23, 2020, the effective date of the Proclamation. 85 Fed. Reg. at 23,442–43 §§ 1, 2(a), 5. The Secretaries of State and Homeland Security are tasked with implementing the Proclamation as it applies to visas and aliens, respectively. Id. at 23,443 § 3. As relevant here, the Proclamation suspends entry of most immigrants with family-based and diversity visas, subject to certain exceptions not relevant for present purposes. See generally id. The family-based visa program allows United States citizens and permanent residents to “sponsor” non-citizen family members, or “beneficiaries,” for immigrant visas. See 8 U.S.C. §§ 1151, 1153(a). A family member seeking to sponsor a beneficiary must file a petition with the United States Citizenship and Immigration Services (“USCIS”). See Pls.’ Mot. for Temporary Restraining Order, ECF No. 6 [hereinafter Pls.’ Mot.], at 4–5; see also AUSTIN T. FRAGOMEN, JR. ET AL., IMMIGRATION PROCEDURES HANDBOOK § 12:2 (Dec. 2019) [hereinafter HANDBOOK]. Once the petition is approved, the beneficiary must then apply for permanent resident status, either by seeking an “adjustment of status” with USCIS (if the beneficiary is located in the United States) or, as relevant here, by applying for an immigration visa at a State Department consulate (if she is located abroad). See Pls.’ Mot. at 5; HANDBOOK § 12:1–2, 19:1–2, 20:1; see also 8 U.S.C. § 1201. With limited exceptions, all visa applicants “must attend a visa interview” as part of the application process. See HANDBOOK § 19:2; 8 U.S.C. § 1201; 22 C.F.R. § 42.62. The diversity visa program, in turn, is an annual process by which individuals from countries with a proportionally small number of immigrants to the United States may apply for immigrant visas. 8 U.S.C. § 1153(c)(1). A diversity visa applicant “must first apply for and win the diversity visa ‘lottery.’” Almaqrami v. Pompeo, 933 F.3d 774, 776 (D.C. Cir. 2019) (citing 8 U.S.C. § 1153(e); 22 C.F.R. § 42.33(b)–(c)). A lottery winner, or “selectee,” must then apply for a “visa number”—“an administrative device used by the State ...
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