Legal Battle Over COVID-19 Vaccination Requirement for Green Card Applicants

A groundbreaking legal challenge has emerged in the U.S. District Court for the District of Maryland, where Benjamin Collins, an American citizen, and his wife, Bingbing Yu, along with the Health Freedom Defense Fund, confront the U.S. Citizenship and Immigration Services (USCIS) and the Centers for Disease Control and Prevention (CDC). At the heart of case number 1:24-cv-03330-ELH is a contentious policy mandating proof of COVID-19 vaccination for green card applicants, which the plaintiffs argue exceeds governmental authority.

The Plaintiffs' Case:

The Collins family, with plans to relocate to the U.S. in spring 2025, faces an impasse: Yu has been denied lawful permanent residence due to her lack of the COVID-19 vaccine. This case is not just about one family's plight but symbolizes a larger debate on bodily autonomy, medical choice, and the interpretation of law.

The Legal Argument:

Central to their argument is 8 U.S.C. § 1182(a)(1)(A)(ii), which specifies diseases for which vaccination is required for immigration. The plaintiffs contend that:

• "COVID-19 is not one of the diseases listed in the statute. It couldn't be, as it did not exist when Congress wrote the law."

• "Since COVID-19 is not a vaccine-preventable disease, the United States Citizenship and Immigration Services cannot require that applicants show proof of COVID-19 vaccination to obtain a green card."

These statements underline the crux of the legal argument: that the current policy oversteps the boundaries set by Congress.

Evidence and Support:

The filing includes several compelling declarations:

• Scott J. Street underscores the urgency of the case, stating, "Time is of the essence. If the Court does not act now, Plaintiffs may be forced to split up, causing irreparable harm to their young family."

• Leslie Manookian from the Health Freedom Defense Fund highlights the broader implications, noting, "HFDF has been contacted by numerous people, from across the United States, who are still being denied lawful permanent residence solely because they did not take the COVID-19 shot."

• Ram Duriseti provides medical expertise, asserting, "As of 2024, this matter is beyond debate. COVID-19 is not a vaccine-preventable disease."

• The personal impact is detailed by Collins and Yu themselves, with Yu explaining, "She intends to move to the U.S. with her husband and their children (American citizens) but has been unable to obtain a green card because she did not take the COVID-19 shot. That is the only reason she has been denied a green card."

Seeking Relief:

The plaintiffs seek a preliminary injunction to:

• Prevent the continuation of the vaccination requirement for green card applicants.

• Issue a nationwide injunction to ensure no one else faces the same barrier to lawful permanent residence.

Legal Standards for Injunction:

For this injunction, they argue:

• "Plaintiffs are likely to succeed on their claim that Defendants do not have the statutory authority to require that applicants show proof of COVID-19 vaccination to obtain a green card."

• "Plaintiffs will also suffer irreparable harm if the Court does not grant this relief." Highlighting the potential family separation, they cite legal precedents where such scenarios have been deemed irreparable harm.

• "There is generally no public interest in the perpetuation of unlawful agency action." This statement from the filing underscores that the public interest lies in ensuring government adherence to law.

Conclusion:

This case is not merely about one family's struggle but touches on fundamental issues of legal authority, public health policy, and personal freedoms. The quotes from the filings paint a vivid picture of a legal battle that could redefine how vaccination requirements are applied in immigration. As the court ponders on these arguments, the decision could have far-reaching implications for immigration policy, personal rights, and the interpretation of public health mandates in the United States.

Read the case brief here.

⤓ 1:24-cv-03330-ELH

Demand Media Tell Your Stories

Click this button to submit audience feedback to all the major network & studios demanding that the stories they omitted be told. All the hard work done for you!

Simply add your name to the end of the email and send it. Thank you!

Check out our documentary “Epidemic of Fraud”. The story focuses on the media villainization of a drug similar to tonic water. Watch now.