USCIS policy update

Federal Court Vacates Three USCIS Policy Memoranda on Entry Restrictions

A Rhode Island federal court has vacated PM 602-0192, PM 602-0194, and PA 2025-26, effective immediately. USCIS says it disagrees but will comply pending appeal.

On June 11, 2026, the U.S. District Court for the District of Rhode Island entered final judgment vacating three USCIS policy memoranda tied to presidential entry restrictions. The ruling applies agency-wide and is effective immediately, meaning USCIS must treat the vacated policies as if they are no longer in effect — even as the agency signals it may appeal.

What changed

On June 5, 2026, U.S. District Judge issued an order in Dorcas International Institute of Rhode Island, et al. v. United States Citizenship and Immigration Services, et al., 26-cv-00132-JJM-PAS (D.R.I.), vacating the following:

  • PM 602-0192
  • PM 602-0194
  • PA 2025-26 (Policy Alert)

The plaintiffs are nonprofit organizations and labor unions representing millions of individuals who filed immigration applications. The three vacated policies were grounded in Presidential Proclamation 10949 (June 4, 2025) and Presidential Proclamation 10998 (December 16, 2025), both restricting entry of foreign nationals on national security and public safety grounds.

USCIS stated it “strongly disagrees” with the order but will comply with its terms pending possible further judicial review. The agency has signaled it will issue updated instructions as litigation develops.

Why it matters

This vacatur immediately suspends the operational effect of those three directives across USCIS. If your client’s case was delayed, denied, or processing was halted under one of the vacated policies, the legal landscape has shifted.

Practitioners should:

  • Review any pending cases to see whether they were subject to the vacated policies.
  • Assess whether a client can now proceed with an application, motion to reconsider, or appeal that was previously blocked by the now-void guidance.
  • Understand that the vacatur is agency-wide — field offices and service centers must treat the policies as unenforceable.

However, the litigation is not over. USCIS’s statement that it will pursue “possible further judicial review” signals a likely appeal. Any new policy guidance USCIS issues could change the landscape again. Do not assume the vacated directives are permanently dead; follow the litigation closely.

Way forward

  • Check the docket: Monitor PACER for the case number 26-cv-00132-JJM-PAS (D.R.I.) to track any appeal or supplemental rulings.
  • Identify affected cases: Pull files of clients whose applications or motions were delayed or denied under PM 602-0192, PM 602-0194, or PA 2025-26. Document the impact.
  • Consider motion practice: If a case is still pending, you may have grounds to move forward or contest a prior denial premised on the vacated policy.
  • Await updated USCIS instructions: USCIS has committed to issuing new guidance. Watch USCIS.gov/newsroom and policy memo channels for those updates.

Disclaimer

This article is not legal advice and does not constitute a complete analysis of the court order or its implications for your specific case. Consult a licensed immigration attorney to assess the impact on your situation. Immigration policy can change without notice, and court orders may be appealed, stayed, or reversed. Always verify against the primary source and review the actual court docket before relying on any guidance.

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