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Federal Court Blocks Trump-Vance Policy Denying Detained Immigrants Access to Legal Protections

Issue area
Detention
Posted: Oct 8, 2026

FOR IMMEDIATE RELEASE
October 8, 2026 

CONTACTS
National Immigration Project media@nipnlg.org
Democracy Forward: press@democracyforward.org 
National Immigrant Justice Center: ttidwellcullen@immigrantjustice.org, 312-833-2967

Ruling Restores Critical Pathways to Immigration Relief for Survivors of Trafficking, Domestic Violence, Abused Children, and others
 

Washington, D.C. — In a major victory for detained immigrants seeking lawful immigration status and humanitarian protections, a federal court has blocked a Trump-Vance administration policy that prevented people in immigration detention from completing required steps in their immigration applications, putting them at risk of deportation, family separation, and return to dangerous conditions.

The U.S. District Court for the District of Columbia granted a stay of the administration's December 2025 policy that stopped the collection of biometrics, including fingerprints and photographs, from detained immigrants with pending applications before U.S. Citizenship and Immigration Services (USCIS). The ruling restores the previous biometric collection process while litigation continues.

The decision comes in J.Z. v. Department of Homeland Security, a lawsuit brought by detained immigrants represented by Democracy Forward, the National Immigration Project, and the National Immigrant Justice Center.

While anyone seeking benefits from USCIS is required to submit biometrics, under the changed policy, DHS stopped collecting biometrics for detained people seeking USCIS benefits. The policy effectively blocked detained people’s access to legal protections established by Congress, including those for survivors of human trafficking and domestic violence, abused and abandoned children, and people seeking to reunite with their families.

The court found that plaintiffs were likely to show a serious risk of irreparable harm, including prolonged detention, deportation, and family separation.

Plaintiffs and co-counsel issued the following joint statement:

“The Trump-Vance administration created an impossible trap: require people to provide biometrics to seek legal protections, refuse to collect them, and then deny their applications for failing to comply. This cruel policy put survivors of trafficking and abuse, vulnerable children, and families at risk of deportation and separation — not because they were ineligible for protection, but because the government blocked their ability to seek it.

This decision is a powerful victory for the rule of law and for people whose lives and futures depend on the protections Congress established. The government cannot create impossible barriers to legal relief and then punish people for failing to overcome them. No one should be forced to choose between deportation to danger and a legal process designed to fail. We will continue fighting to ensure that everyone has a meaningful opportunity to seek the protections available to them under the law.”

The court's order stays the policy and its implementation while litigation proceeds and requires the administration to report on its compliance by October 21, 2026.

The case is J.Z. et al. v. U.S. Department of Homeland Security et al. The legal team includes Sean Ouellette, Anne Swift, Jennie Kneedler, Paul Wolfson, and Elena Goldstein of Democracy Forward; Michelle Mendez of the National Immigration Project; and Mary Georgevich, Keren Zwick, Richard Caldarone, Gerardo Romo, and Nicole May of the National Immigrant Justice Center.

Read the court's decision here.

A Spanish version of this press release is available here.