ICAP filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of State to compel the disclosure of a high-level internal memorandum that played a central role in the creation of the “Passport Rule.” This rule, which was eventually struck down following ICAP’s litigation in E.B. v. Pompeo, had required Diversity Visa lottery applicants to possess a valid passport just to enter the program—a requirement that disproportionately barred lower-income applicants from developing nations.
ICAP’s FOIA suit specifically targets a memo submitted to the Assistant Secretary for Consular Affairs that details the internal rationale and “eligibility requirement” development. By forcing the release of this memo, ICAP seeks to expose whether the State Department relied on policy or if the rule was an intentional attempt to restrict immigration from specific regions under the guise of administrative efficiency.
