USCIS policy update

Federal judge strikes down Trump asylum processing freeze, orders USCIS to resume adjudication

A Rhode Island federal judge has vacated Trump administration policies that halted asylum processing and immigration benefit adjudications for nationals of 39 countries. USCIS must immediately resume processing green cards, work permits, asylum applications, and naturalizations.

A Rhode Island federal judge found that Trump administration immigration policies were unlawful, striking down the processing halt for asylum claims and ordering a review of all immigration benefits for those from the 39 travel ban countries. The ruling requires USCIS to resume processing immigration benefits and schedule naturalization ceremonies for thousands of immigrants on the cusp of becoming U.S. citizens.

What changed

A federal judge on Friday vacated a series of President Trump’s policies enacted in the wake of a deadly attack on National Guard members, forcing immigration agencies to again process applications. The policies in question were USCIS Policy Memoranda PM-602-0192 (December 2, 2025) and PM-602-0194 (January 1, 2026), which placed indefinite holds on asylum adjudications and froze immigration benefit applications—including green cards, work permits (EADs), and naturalization petitions—for nationals of 39 designated countries.

Judge John McConnell wrote that “USCIS’s hold on adjudications cannot be attributed to anything that these individuals did wrong; rather, it arises solely by the happenstance of their birth,” and concluded that USCIS “has neither ‘followed the law’ nor ‘done things the right way’ … USCIS has violated the very immigration laws that Congress has charged it with administering.”

The court vacated four separate policies: a global asylum hold, a benefits hold on work permits and green cards, a comprehensive review policy targeting previously approved cases, and a policy requiring officers to treat certain nationalities as an elevated national security risk.

Why it matters

If you represent clients from the 39 affected countries with pending asylum, green card, naturalization, or work permit applications, you now have a federal court order requiring USCIS to resume active adjudication. The ruling is a major victory for immigrants and their advocates, who had seen processing come to an abrupt halt — a pause that threatened to push some immigrants in the country legally on time-limited visas to overstay the bounds of their status.

Immediate effects:

  • USCIS must immediately pull all stalled cases from administrative “hold” status and resume normal processing.
  • The administration must schedule naturalization ceremonies for thousands of immigrants on the cusp of becoming U.S. citizens.
  • Clients whose EADs or advance parole expired during the freeze may face additional follow-up to confirm USCIS has lifted their specific holds and will process renewals.
  • Cases that were days or weeks from approval at the time of the freeze should move to decision quickly.

Litigation risk for government:

The court found the policies did not follow the Administrative Procedure Act’s notice-and-comment requirements and lacked statutory or regulatory authority. This precedent may support related challenges to the administration’s suspension of immigrant visa processing for 75 countries (a separate State Department hold announced in January 2026).

Way forward

  • Verify hold status immediately. File a FOIA or Service Request to confirm that USCIS has lifted any administrative holds on your affected clients’ pending cases. Do not assume the order has been self-executing at all service centers.

  • Request expedited adjudication. File a cover letter with affected cases citing the court order and requesting that USCIS prioritize review. Highlight cases at or near decision stage.

  • Prepare clients for interviews. Many cases that were deferred will now be scheduled. Ensure your client has current documentation, updated biographics, and is ready for rapid scheduling.

  • Monitor related litigation. Separate lawsuits pending in New York and the District of Columbia challenge the State Department’s suspension of immigrant visa processing for 75 countries. If successful, those rulings may provide additional leverage or precedent.

Disclaimer

This article explains a federal court decision affecting USCIS policy. It is not legal advice, and you should not rely on it as a substitute for consultation with a licensed immigration attorney who can advise you on your specific case. USCIS policy can change without notice, and this ruling may be appealed or subject to modification. Always verify your understanding of current USCIS procedures against the primary source documents linked above and official USCIS guidance.

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