On June 5, 2026, a federal district court in Rhode Island vacated four USCIS policies that had effectively suspended adjudication of thousands of immigration benefit requests, finding that the policies exceeded USCIS’s statutory authority and violated the Administrative Procedure Act (APA). USCIS may no longer rely on these policies to halt adjudications of asylum applications, adjustment of status applications, employment authorization requests, naturalization applications, and other immigration benefits.
What changed
The court found that each policy—the global asylum hold policy, the adjudication benefits hold policy, the comprehensive re-review policy, and the “country-specific factors” policy—violated the Administrative Procedure Act and conflicted with existing law. The vacated policies include PM 602-0192, PM 602-0194, and PA 2025-26. The court found that the policies were arbitrary and capricious because USCIS did not provide a reasoned explanation for enacting the policies, did not account for reliance interests in enacting the policies, and provided a pretextual reason for enacting the policies.
The Court entered its final judgment on June 11, 2026. USCIS states it strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review.
Why it matters
The ruling should allow stalled EAD, adjustment, naturalization, and related benefit applications—especially for individuals from travel-ban countries—to resume adjudication absent a stay. The case addresses a fundamental question: Can USCIS simply stop adjudicating immigration benefits that Congress has authorized? The court ruled that the answer is no.
If you have clients with pending applications that were placed on hold under these four policies, you can now advise them that USCIS cannot maintain those holds. Cases that stalled in December 2025 or later should move toward decision. However, practitioners should monitor the First Circuit appeal closely—the government has requested an appeal, which could delay implementation and potentially change the outcome.
Word of caution: USCIS may attempt to re-review or re-adjudicate cases under a different rationale. After the court issued its decision, USCIS failed to provide guidance on how it would implement the order. Expect that some cases may face delays or additional requests for evidence as USCIS charts a new course.
Way forward
- Check your active caseload for any applications on hold since December 2025. These clients should be notified immediately that the hold policies are vacated and cases should resume processing.
- Monitor USCIS guidance over the coming days. The agency must provide clarity on how it will handle cases currently in queue. File follow-up inquiries (I-131, I-765, or I-693 updates) for cases that have stalled beyond normal processing times.
- Prepare for appellate delay. The government is appealing to the First Circuit. Request confirmation from USCIS that it is not relying on any vacated policy while the appeal is pending. Document any attempt to use these policies post-June 5, 2026.
- Preserve the record. If a case is denied or delayed after June 5, 2026, note that USCIS was forbidden to use these four policies as a basis for any adjudication decision.
Disclaimer
This article is written by a software company, not a law firm, and does not constitute legal advice. You should consult a licensed immigration attorney before making filing decisions or relying on this summary. Immigration policy changes rapidly and without notice. Verify the status of all agency policies against official USCIS guidance and the primary source linked above before advising clients.