USCIS policy update

Federal Court Vacates DHS Policy Blocking Benefits for Nationals of 39 Countries

Rhode Island federal judge strikes down USCIS memoranda freezing adjudication of green cards, work permits, and naturalization for nationals of 39 countries. Decision restores duty to adjudicate under the INA and bars nationality-based discrimination.

On June 5, 2026, a federal judge in Rhode Island struck down a Trump administration immigration policy that effectively blocked key immigration benefits for individuals from approximately 39 countries. Chief Judge John McConnell of the District of Rhode Island vacated four Department of Homeland Security (DHS) policies in Dorcas v. US Citizenship and Immigration Services (USCIS). The ruling orders USCIS to resume adjudication of applications suspended under the contested memoranda and bars the agency from treating country of origin as a negative factor in discretionary decisions.

What changed

The vacated policies had suspended adjudications on all benefit applications (green cards, work permits, and naturalization) for nationals of 39 countries; ordered re-review of already-approved benefits for those nationals who entered on or after January 20, 2021; and directed adjudicators to treat an applicant’s country of origin as a “significant negative factor” in discretionary decisions. The challenged policy was introduced following a 2025 National Guard shooting, with the administration citing national security concerns. It targeted individuals from countries labeled “high risk,” including nations across Africa, Asia, Latin America, and the Middle East.

The court found that the Immigration and Nationality Act (INA) uses mandatory “shall” language requiring USCIS to adjudicate asylum applications within 180 days, naturalization applications within 120 days, and employment authorization and adjustment of status applications pursuant to specific regulatory timelines. USCIS has no statutory authority to simply stop adjudicating. The court also found that Section 202 of the INA prohibits nationality-based discrimination for green card applicants.

Why it matters

For your clients from the 39 affected countries, the ruling reopens pathways that had been frozen for months. Many individuals already residing lawfully in the U.S. were unable to renew work authorization, obtain status, or move forward with applications, leading to job loss and legal uncertainty. The vacatur means USCIS must now:

  • Resume adjudication of pending I-485, I-131, I-765, N-400, and I-539 applications under statutory timelines
  • Stop re-reviewing already-approved benefits based on entry date
  • Cease treating country of origin as a negative discretionary factor

For employers, the ruling may help stabilize workforce planning where employees were previously unable to renew or obtain authorization. However, the government may appeal to the First Circuit. Further guidance from DHS and USCIS is expected as implementation of the court’s decision moves forward.

Way forward

  • Audit your pending files. Identify clients from the 39 countries with applications frozen under the contested memoranda. Prepare follow-up inquiries to USCIS requesting adjudication or status updates.
  • Review derivative petitions. If you have I-140 or I-485 approvals placed on hold, or EAD renewals denied under the country-based freeze, consider filing motions to reopen or reconsider now that the policy is vacated.
  • Monitor USCIS guidance. Further guidance from DHS and USCIS is expected as implementation of the court’s decision moves forward. Check myUSCIS and agency notices for updated policy and processing priorities.
  • Preserve appellate options. Document the timeline of frozen applications and any employment or status harm your client suffered. If DHS appeals, the court record may be important.

Disclaimer

This article explains a federal court ruling but is not legal advice. The decision is binding on USCIS within the First Circuit; enforcement and any government appeal remain uncertain. USCIS and DHS policy can change without notice. You should verify the full text of the ruling against the primary source linked above and consult a licensed immigration attorney about your specific case before taking action.

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