USCIS removal defense

Federal Judge Strikes Down USCIS Freeze on 39-Country Benefit Processing

U.S. District Court Chief Judge John McConnell vacates four USCIS policies that froze work permits, green cards, asylum, and naturalization applications for nationals of 39 countries. USCIS must resume adjudication immediately.

A federal judge on Friday struck down a Trump administration policy enacted after the shooting of two National Guard members that made it harder for immigrants from dozens of countries to stay and enter the U.S. The 135-page ruling, from U.S. District Judge John McConnell in Rhode Island, opens the door for hundreds of thousands of people with pending immigration-related applications to have these benefits unpaused.

What changed

On June 5, 2026, Chief Judge John McConnell of the U.S. District Court for the District of Rhode Island struck down a series of Trump administration policies that had effectively halted the processing of immigration applications for individuals from 39 countries. Judge McConnell found that USCIS acted unlawfully on multiple grounds under the Administrative Procedure Act (APA): claiming statutory authority it does not possess, issuing decisions without the required reasoned explanations, failing to account for applicants’ reliance interests, and using pretextual national security justifications to mask anti-immigrant policy preferences.

The four policies vacated are:

  • The Benefits Hold Policy (freeze on all immigration benefit adjudication)
  • The Global Asylum Hold Policy (pause on asylum case decisions)
  • The Comprehensive Re-Review Policy (re-review requirements for certain refugees)
  • The Country-Specific Factors Policy (treating country of origin as a “significant negative factor”)

The policies enacted after the National Guard shooting last year meant that immigrants from 39 African, Asian, Latin American, and Middle Eastern countries have been “categorically barred” from receiving final decisions on, among other things, their asylum, work permit, green card, and citizenship applications. The ruling, filed in the District of Rhode Island as Dorcas International Institute of Rhode Island et al. v. USCIS et al., is effective immediately.

Why it matters

The freeze had created a processing bottleneck affecting three overlapping practitioner workflows:

Work authorization & employment. Many individuals already residing lawfully in the U.S. were unable to renew work authorization, obtain status, or move forward with applications, leading to job loss and legal uncertainty. Practitioners now can file and renew work permit applications for affected countries without the artificial hold or “significant negative factor” penalty.

Green card and status applications. For those waiting on their green cards, the “significant negative factor” policy has been struck down. Previously, USCIS officers were instructed to view an applicant’s country of origin as a major strike against their application if they were from one of the 39 banned countries. This is no longer allowed. Your application must now be judged on its merits, not your birthplace.

Naturalization ceremonies. Last year’s USCIS rule changes led to the widespread cancellation of naturalization ceremonies for affected immigrants on the brink of getting their citizenship. Those ceremonies will now be rescheduled, thanks to McConnell’s ruling.

Key clarification: The ruling does not cancel the travel ban; it only affects the USCIS processing freezes affecting nationals from these countries already in the United States. The decision applies only to USCIS adjudications of applicants in the U.S., not to consular processing or border enforcement.

Way forward

  • Audit frozen cases immediately. Search your docket for pending applications from nationals of the 39 affected countries (Iran, Nigeria, Venezuela, Afghanistan, and others on the expanded travel ban list). Flag any that were stalled as of late 2025. These can now be moved to active adjudication.

  • Refile or supplement stalled work permit applications. If your client’s Form I-765 or I-131 renewal was held, USCIS must now resume processing. File a status inquiry or supplemental letter citing the McConnell ruling and requesting expedited adjudication based on customer service standards.

  • Resume green card and asylum case preparation. For I-485, I-140, or asylum applications frozen under the Benefits Hold or Asylum Hold policies, prepare amended submissions or status updates and resubmit. Emphasize that country of origin is no longer a permissible negative factor in USCIS decision-making.

  • Reschedule cancelled naturalization ceremonies. Contact your local USCIS field office or use the USCIS portal to request rescheduling of N-400 oath ceremonies that were cancelled in late 2025 or early 2026.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Articles.folaform.com is a software service, not a law firm, and cannot offer legal advice or attorney–client representation. Immigration law is highly fact-specific and time-sensitive. Consult a licensed immigration attorney before relying on this summary or taking action on your case. Policy can change without notice, and court decisions may be appealed. Verify all information against the primary source linked above and any subsequent agency guidance.

Was this article helpful?

Related articles

Browse all →
USCIS

Federal Court Voids USCIS Travel-Ban Country Processing Holds

removal defense
USCIS

Federal judge voids USCIS immigration freeze on 39 countries

removal defense
USCIS

Judge Strikes Down Trump Travel Ban–Based USCIS Benefit Freeze on 39 Countries

removal defense