USCIS policy update

Federal Judge Strikes Down USCIS Freeze on Immigration Benefits for 39 Countries

U.S. District Judge John McConnell Jr. ruled that USCIS unlawfully froze asylum, green card, work permit, and citizenship decisions for applicants from 39 countries. The court ordered immediate resumption of processing.

A federal judge struck down Trump administration immigration policies that targeted asylum seekers and halted the processing of immigration benefit applications for individuals from 39 countries, finding that the administration had exceeded its legal authority. 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.” This ruling directly affects your pending USCIS cases and changes the processing landscape for thousands of applicants.

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. Chief U.S. District Judge John McConnell found that the U.S. Citizenship and Immigration Services (USCIS) acted unlawfully by implementing broad restrictions without authorization from Congress or established regulations.

The court concluded that the policy unfairly targeted applicants based on their country of origin and violated federal immigration and administrative law. The judge has ordered USCIS to resume the processing of immigration applications filed by people from the 39 countries who were affected by Trump’s travel ban, as well as asylum applications.

Judge McConnell also invalidated a USCIS policy that required immigrants from countries on the Trump administration’s travel ban list—who had already been approved for immigration benefits after entering the United States after 2021—to undergo a second review of their cases.

Why it matters

If you represent clients from the 39 affected countries with pending I-485, I-765, I-131, N-400, or asylum-related filings, this ruling immediately changes your case timeline and messaging. Last year, the administration paused asylum case processing and suspended immigration benefit applications for affected individuals subject to the travel ban for an undetermined period of time, leaving millions of immigrants across the United States facing uncertainty about their legal status.

You can now reset client expectations: USCIS must resume adjudication of their applications without further delay based on national origin. The court rejected the government’s argument that executive discretion permitted blanket freezes. The agency, which is within the Homeland Security Department, often grants asylum, but only for those already in the United States when they apply. Immigration judges grant asylum to those who are stopped at the border; the ruling does not affect them, and neither do the policies that sparked the lawsuit. This order applies only to USCIS—border asylum interviews and removal cases are unaffected.

The decision also eliminates the unlawful “second review” requirement for already-approved beneficiaries.

Way forward

  • Review your pending client files: Flag all cases with applicants from the 39 countries. Compile case numbers and application types (I-485, I-765, I-131, N-400, etc.).
  • Contact USCIS: File service requests or call your local USCIS office to confirm processing has resumed for your specific cases and request updated receipt dates.
  • Update client communication: Notify affected clients that the freeze has been judicially invalidated and their applications are now moving again. Provide updated timelines based on the USCIS website processing times.
  • Monitor USCIS implementation: Watch the agency’s guidance channels for any interim or final rule addressing compliance and effective date of resumed processing.

Disclaimer

This article is provided for informational purposes only and is not legal advice. Folaform is a software company, not a law firm. Always consult a licensed immigration attorney regarding your specific situation and verify this information against the source document linked above. Immigration policy can change without notice, and federal court decisions may be appealed. Confirm the current status of any USCIS policies and procedures directly with USCIS or a qualified immigration attorney before advising clients.

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