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 ruling opens the door for applications to move forward again for a broad class of affected beneficiaries.
What changed
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. U.S. District Chief Judge John McConnell Jr. said the policy “threw the lives of countless immigrants living in the United States into indeterminate legal limbo,” and he accused the U.S. Citizenship and Immigration Services of ignoring the law.
The court ruled that the blanket freeze violated the Immigration and Nationality Act. “This ruling reaffirms a basic principle: the federal government cannot shut down lawful immigration pathways or discriminate against people based on where they come from,” said Skye Perryman, president and CEO of Democracy Forward, which represented the plaintiffs in the case. “These unlawful policies caused enormous harm to families, workers, asylum-seekers, and communities across the country who were left in limbo, unable to work, access protections, or move forward with their lives.”
Why it matters
If you represent clients from the 39 covered countries, this ruling unlocks frozen applications. The policies apply to U.S. Citizenship and Immigration Services, which approves applications for immigrants to work and become citizens. That means pending Form I-485 (Adjustment of Status), Form I-140 (Immigrant Petition for Alien Worker), Form I-131 (Application for Travel Document), Form I-765 (Application for Employment Authorization), and related petitions can now move toward adjudication.
Note: the ruling does not affect them and neither did the policies that sparked the lawsuit for asylum-seekers stopped at the border. Border-based asylum claims remain subject to separate legal regimes. This ruling applies only to individuals already physically present in the U.S. seeking affirmative relief.
Way forward
-
Check your case inventories immediately for pending applications from beneficiaries from the 39 covered countries (primarily African, Asian, Latin American, and Middle Eastern nationals). Flag them for possible early follow-up with USCIS if no recent activity.
-
Prepare response biometrics notices and medical exams if they arrive; adjudication timelines should resume.
-
Monitor for administrative appeal. The government may seek to appeal the ruling or request a stay. Watch the docket for any motions.
-
Advise clients of timing shifts. If clients have been in employment authorization limbo, work permits may issue quickly once approved; communicate expectations for passport fees and document receipt.
Disclaimer
This article is not legal advice and does not constitute a full legal analysis of the ruling. Fola is a technology and information platform, not a law firm. We strongly recommend consulting a licensed immigration attorney to discuss your specific situation and verify this information against the primary court order and any updated government guidance. Immigration policy and case law can change without notice; always refer to the authoritative source linked above and the most recent agency guidance.