After several defeats in a row for legalization plaintiffs in class-action suits, a US District Court has ruled against the INS. In Ortiz v. Meissner, the plaintiffs are a group of aliens who submitted applications for legalization in United States. The applicants obtained temporary work authorization pending a “final determination” of their applications. The INS, however, subsequently denied their applications for adjustment of status and would no longer extend their work permits. No final orders of deportation have ever been issued, however. The plaintiffs in the Ortiz case were seeking a court to force the INS to provide them temporary work permits pending final judicial review of their applications. The plaintiffs argued that the denial of the application is not final until judicial review is exhausted or abandoned. The INS contended that a final determination includes the period administrative review, but not the judicial review. The court disagreed with the INS and ordered the agency to grant new work authorizations.
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