Mayorkas

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BEHRING REGIONAL CENTER LLC, Case No. 22-cv-02487-VC

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION FOR A PRELIMINARY

INJUNCTION

ALEJANDRO MAYORKAS, et al., Re: Dkt. No. 8 Defendants.

In March 2022, Congress enacted the Reform and Integrity Act, which reauthorized and revamped the system governing so-called regional centers—entities that pool investments from foreign visa applicants to promote job growth in the United States. The United States Citizenship and Immigration Services (USCIS) interpreted the Act as unequivocally deauthorizing the 600-plus previously authorized regional centers. The agency thus announced that the existing regional centers were deauthorized, effectively cutting off their revenue streams. That was almost certainly legal error, because it is unclear whether the Integrity Act deauthorized existing regional centers or allowed them to continue operating under Congress’s new regime. The agency was therefore required to weigh competing interests before deciding whether the existing regional centers should be deauthorized. And the agency’s treatment of the…