USCIS policy update

Federal Judge Strikes Down 39-Country USCIS Processing Freeze

Chief Judge McConnell invalidates Trump administration policy that halted immigration benefit processing for applicants from 39 countries, orders USCIS to resume adjudication of asylum, green card, work permit, and citizenship applications.

On June 5, a federal judge struck down Trump administration immigration policies that targeted asylum seekers and halted immigration benefit application processing for individuals from 39 countries, finding the administration exceeded its legal authority. This binding District Court ruling affects how you advise clients on pending USCIS benefits and what country-based adjudication holds remain enforceable.

What changed

Chief U.S. District Judge John McConnell found in a 135-page opinion that USCIS acted unlawfully by implementing broad restrictions without authorization from Congress or established regulations. Last year, the administration paused asylum case processing and suspended immigration benefit applications for affected individuals from these 39 countries for an undetermined period, leaving millions of immigrants facing uncertainty.

The court concluded the policy unfairly targeted applicants based on country of origin and violated federal immigration and administrative law. Judge McConnell ordered USCIS to resume processing immigration applications filed by people from the 39 countries, including asylum applications.

The judge also invalidated a USCIS policy requiring immigrants from countries on the travel ban list—already approved for benefits after entering the U.S. after 2021—to undergo a second case review, rejecting the government’s argument that additional screenings were necessary for national security.

Why it matters

This ruling eliminates a major procedural bottleneck affecting all pending USCIS benefit types for nationals of the 39 covered countries. Immigrants with pending USCIS applications were left without final decisions on filings that could affect their ability to work, remain protected, or seek permanent status. The decision restores your clients’ right to expect timely adjudication under the standard legal framework, without country-of-origin-based delay.

The invalidation of the second-review requirement is equally significant: if your client was approved (I-797 or similar) after January 2021 and is from one of the affected countries, that approval is no longer subject to reopening solely on grounds of national security vetting. USCIS had claimed it possessed authority to impose these restrictions, but the court found it did not.

Way forward

  • Check status immediately. Pull myUSCIS accounts and receipt notices for all clients from the 39 affected countries with pending or approved applications. Expect USCIS adjudication to resume within days or weeks; follow up if no movement occurs within 14 calendar days.
  • Prepare N-400 and I-485 filings. If clients have been waiting for green card or naturalization interviews, expect scheduling to accelerate. Ensure background work (medicals, police clearances, financial docs) is current.
  • Notify approved beneficiaries. If your client holds an approved I-797 that was placed on administrative hold or flagged for “additional security review,” advise them the hold is no longer legally valid. Update them on next steps (medical, interview, biometrics) without delay.
  • Review appeal and motion strategy. If you have pending RFEs, NOIDs, or denials issued during the freeze period, consider filing motions to reopen or appeals, given USCIS’s loss of legal authority to sustain country-based processing holds.

Disclaimer

This summary is not legal advice. Folaform is a software platform, not a law firm. Always verify this decision against the full court opinion and consult a licensed immigration attorney licensed in your jurisdiction before advising clients or changing filing strategy. Immigration policy can change without notice; confirm current USCIS procedures against the primary source linked above before relying on any information herein.

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