USCIS removal defense

Federal Judge Invalidates USCIS Asylum and Work Permit Holds

A federal judge struck down four Trump administration policies that froze asylum adjudications and work permit processing for applicants from 39 countries, finding the agency violated federal law and acted with anti-immigrant animus.

U.S. District Judge John McConnell struck down USCIS directives adopted after the November 2025 National Guard shooting in Washington, D.C., ruling they were likely unlawful. In a 135-page opinion, Judge McConnell wrote that actions to lock eligible asylum seekers out of the immigration system and deny others temporary work permits had made it functionally impossible for a broad swath of people to remain in the country.

What changed

The ruling struck down four Trump administration policies: a global asylum hold; a benefits hold on work permits, green cards, and naturalizations; a comprehensive review policy to look at already-decided cases; and a country-specific ban requiring officers to treat certain nationalities as riskier. The policies meant that immigrants from 39 African, Asian, Latin American, and Middle Eastern countries were “categorically barred” from receiving final decisions on asylum, work permit, green card, and citizenship applications.

USCIS implemented the policies late last year and early this year, in response to directives from the White House, halting asylum adjudications and placing indefinite holds on immigration benefit applications.

Why it matters

Over six months into the hold, many individuals remained without work, without legal status, and without any meaningful ability to plan for their futures. Many of those affected by the pause had faced losing their jobs after their work permits expired, had been left without legal status, and had been separated from family members.

For your practice: Judge McConnell ruled that USCIS must restart application processing for all immigrants impacted by the pause, officers can no longer rely on blanket policies, and officers cannot treat all individuals from particular countries as having an increased national security risk — though the ruling does not guarantee outcomes for applicants, only that their cases will be processed.

The court found that the measures were improperly fueled by “anti-immigration sentiments” and contrary to immigration laws.

Way forward

  • Review stalled cases: Identify clients whose asylum, work permit, green card, or citizenship applications were frozen under these four policies. The administrative stays are now vacated.

  • File or re-activate pending motions: Consider whether administrative or judicial stays on your client’s case should now be lifted, and whether you need to formally request USCIS restart processing.

  • Document the harm: For clients who suffered job loss, visa expiration, or family separation during the hold, document this record as you prepare for any future adjudication or in settlement discussions.

  • Monitor for appeal: While it has not officially been announced yet, the Trump administration will likely appeal. Watch for notice of appeal or motion to stay, which would pause the mandate.

Disclaimer

Fola is a software company and does not provide legal advice. This article summarizes a federal court decision and does not constitute legal advice. Please consult a licensed immigration attorney to understand how this ruling applies to your specific case and to verify the current procedural posture. Immigration policy can change without notice; check the primary source and applicable court rules before filing.

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