A federal appeals court has granted the government permission to resume reviewing certain previously approved immigration benefits for nationals from countries subject to U.S. travel restrictions. The U.S. Court of Appeals for the First Circuit issued a partial stay on August 14 in the case Dorcas International Institute of Rhode Island v. USCIS, allowing U.S. Citizenship and Immigration Services to enforce its “Comprehensive Re-Review Policy” during the appeal process.
What changed
The First Circuit Court of Appeals has partially reinstated USCIS’s Comprehensive Re-Review Policy for nationals from 39 travel ban countries, while three other challenged policies — including the benefits hold and asylum suspension — remain blocked. The ruling allows the government to resume re-reviewing approved benefits during the appeal process.
The three-judge panel denied the government’s request to restore the remaining policies, which remain vacated.
Why it matters
This partial stay creates a bifurcated litigation landscape that directly affects how you advise clients with approved benefits. The district court found that USCIS lacked statutory authority for the blanket policies, violated the Administrative Procedure Act by failing to use notice-and-comment rulemaking, and that the stated “national security” rationale was pretextual — but the appeals court has temporarily allowed the re-review portion to proceed while the full merits are litigated.
If your client holds an approved benefit and is a national of one of the 39 affected countries, you may receive correspondence from USCIS announcing a re-review or initiating new interviews. The First Circuit’s decision is an interim ruling while the full appeal proceeds, meaning this authorization to re-review is not the final word. You need to track the ongoing litigation closely, since a reversal on the merits could invalidate any rescission USCIS attempts during this interim period.
Way forward
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Expect USCIS contact. Clients from affected countries with approved benefits (green cards, work permits, asylum, naturalization, etc.) may receive notices requesting re-adjudication or interviews. Treat these as urgent and involve counsel immediately.
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Document the approval. If a client receives an approval notice in the coming weeks or months, preserve it as evidence of valid conferral of status, even if USCIS later attempts to rescind. Courts may protect vested rights despite the interim stay.
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Monitor the litigation. Subscribe to updates on Dorcas v. USCIS in the First Circuit. If the appeals court reverses the district court’s preliminary judgment and blocks the policy entirely, that will likely end the re-review authority mid-stream.
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Review country list. Confirm whether your client is a national of one of the 39 countries listed in the travel ban proclamations. If not, this ruling does not affect them.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fragomen is a global immigration consulting firm, not a law firm, and cannot provide legal advice. Please consult a licensed immigration attorney to discuss how this ruling affects your individual situation and to verify the status of this litigation against primary sources, including the First Circuit’s docket and opinions. Immigration policy can change without notice; you should confirm the current state of the law before taking action on behalf of a client.