CGFNS MOVES FOR
SUMMARY JUDGMENT
IN FEDERAL LAWSUIT
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COMMISSION ON GRADUATES OF FOREIGN NURSING SCHOOLS
INTERNATIONAL COMMISSION ON HEALTHCARE PROFESSIONS
CGFNS Moves for Summary Judgment
August 18, 1998
On August 14 1998, the Commission on Graduates of Foreign Nursing Schools (CGFNS)
moved for summary judgment in its suit against the Immigration and Naturalization
School and the State Department. By filing this motion, CGFNS seeks judgment from
the court as a matter of law, given that the relevant facts are not in dispute.
In its motion, CGFNS demonstrates that the actions of the Immigration and Naturalization
Service and the Department of State: (1) violated section 343 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 by refusing to accept CGFNS certficates
issued to foreign health care workers covered by the law; (2) violated section 212(d)(3)(A)
of the Immigration and Nationality Act by waiving the certification requirements of section
343 on a blanket basis; (3) violated the Administrative Procedures Act by taking actions
that are arbitrary, capricious, an abuse of discretion and otherwise not in accordance
with applicable law; and (4) have deprived CGFNS of property without due process of law in
violation of the Fifth Amendment of the United States Constitution.
CGFNS asked the court to expedite its consideration of this case.
For more information contact:
Tina Trapp
Commission on Graduates of Foreign Nursing Schools
3600 Market Street, Suite 400
Philadelphia, PA 19104
Phone: (215) 222-8454 Fax: (215) 662-0425
E-Mail: Admincgfns@compuserve.com
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