A federal court ruled that USCIS can no longer suspend the processing of immigration benefits for nationals of 39 different countries. The decision, issued by Judge John McConnell of the U.S. District Court for the District of Rhode Island, takes effect immediately and requires USCIS to resume adjudication of hundreds of thousands of pending applications.
What changed
In late November last year, USCIS suspended the processing of immigration benefits for nationals of 39 different countries. In a 135-page decision, Judge McConnell found that the policies were unlawful for multiple independent reasons, including that USCIS lacked any legal basis to impose an indefinite suspension of immigration benefits.
Multiple laws and regulations related to applications, including asylum and naturalization, declared that the government “shall” make decisions in regular order — meaning that the government lacked authority to refuse to adjudicate applications entirely. He also found that some of the policies were blocked by a law which makes it illegal for the federal government to discriminate on the basis of nationality in decisions relating to visas. Additionally, Judge McConnell found that USCIS’ decisions to implement the policy were arbitrary and capricious; that is, not based on a reasoned explanation.
Judge McConnell’s decision went into effect immediately, requiring USCIS to stop implementing these policies and begin adjudicating applications from those impacted again.
Why it matters
The decision requires USCIS to begin processing hundreds of thousands of suspended applications. For practitioners, this means you can immediately resume case management and filing strategy for clients from the 39 affected countries without the processing pause as a constraint. Adjudication timelines should return to normal statutory and regulatory standards.
However, the decision does not impact separate restrictions that the State Department implemented, including a “pause” on the granting of immigrant visas for nationals of 75 countries, and President Trump’s 39-country travel/entry ban. You’ll need to track whether those State Department restrictions remain in effect and how they may affect consular processing for your clients.
The Trump administration can next appeal the decision to the First Circuit Court of Appeals. This means the ruling could be stayed or reversed on appeal, so monitor appellate developments closely if you have cases affected by the original pause.
Way forward
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Resume case processing immediately. If you had clients whose applications were suspended under the USCIS pause, treat the suspension as lifted as of the court’s order. Verify the client’s nationality against the 39-country list to confirm eligibility for immediate adjudication.
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Verify the current status of related restrictions. Confirm whether the State Department’s separate visa pause for 75 countries or the travel/entry ban affects your client’s consular processing pathway. These remain in effect under the court’s decision.
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Monitor the First Circuit appeal. The Trump administration has indicated it will appeal. Subscribe to the First Circuit docket or monitor immigration law listservs for updates on whether a stay or reversal is sought.
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Document the court’s reasoning for future litigation. The decision provides strong precedent on USCIS’s adjudication duties and the unlawfulness of nationality-based suspensions. Save the full opinion for your files and any future client advocacy.
Disclaimer
This article is provided for informational purposes only and is not legal advice. Fola is not a law firm and cannot advise you on your specific immigration case. Please consult a licensed immigration attorney to discuss your situation and options. Policy can change without notice; always verify your understanding against the primary source documents linked above, the court’s full opinion, and current agency guidance.