A federal judge has struck down USCIS policies that froze final decisions on asylum, work permit, green card, and citizenship applications for immigrants from 39 African, Asian, Latin American, and Middle Eastern countries.
What changed
U.S. District Chief Judge John J. McConnell Jr. declared unlawful and vacated four USCIS policies—the Global Asylum Hold, the Benefits Hold, the Comprehensive Re-Review, and the Country-Specific Factors policy—that together paused decisions for nationals of 39 countries. The policies were adopted after the November 2025 National Guard shooting in Washington, D.C.
The judge found that USCIS claims statutory and regulatory authority that it does not possess; makes decisions without the reasoned explanations that it must provide; acts without regard for the reliance interests of applicants that it must consider; and justifies its actions with pretextual concerns of “national security” that mask anti-immigrant sentiments.
Why it matters
The ruling impacts all pending cases at USCIS involving people from the travel ban countries, not just those included in the lawsuit. If you represent clients from the 39 designated countries with pending I-485s, I-765s, I-131s, N-400s, or asylum-based applications, the freeze has been lifted. USCIS must now resume processing these cases on their merits.
McConnell said USCIS needs to restart application processing for all immigrants impacted by the pause, and the agency can no longer rely on the blanket policies. The judge also said officers cannot treat all individuals from particular countries as having an increased national security risk. However, the ruling does not guarantee outcomes for applicants, only that their cases will be processed.
This is a significant procedural win. Clients who have been in legal limbo for months—unable to renew work permits, adjust status, or complete naturalization—can now move forward. People feared losing jobs because delayed work permit renewals threatened their livelihoods, families who postponed education, travel, and homeownership because they did not know when their cases would be resolved.
Note: The order is limited to USCIS, the Department of Homeland Security agency that handles immigration applications filed by people already inside the United States. Separate asylum cases decided by immigration judges for people stopped at the border are not covered by the decision.
Way forward
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Check client status: Review your active cases for nationals of the 39 designated countries. Prepare status inquiries or requests for processing updates at USCIS.
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Reinitiate stalled filings: If you have clients whose cases were frozen under these policies, contact USCIS to confirm receipt and request expedited scheduling for interviews or adjudication.
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File congressional inquiries: Practitioners should encourage affected applicants to put in congressional inquiries about their cases as the hold will not apply to them so long as this ruling stands.
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Monitor for appeal: The Trump administration may seek to appeal or modify the ruling. Verify current USCIS policy guidance before advising clients on next steps.
Disclaimer
This article is not legal advice. Fola is a software company, not a law firm. Immigration law is complex and fact-specific. Consult a licensed immigration attorney to discuss your individual circumstances. This analysis is based on public reporting of the court’s ruling; verify the full decision against the primary court documents. USCIS policy can change without notice. Always confirm current directives with USCIS.gov before relying on this summary for case management or client advice.