A federal judge struck down a Trump administration policy that blocked final decisions on immigration applications filed by people from 39 countries, finding that USCIS exceeded its authority and unlawfully froze parts of the immigration benefits process. In a ruling issued Friday, U.S. District Chief Judge John J. McConnell Jr. found that USCIS could not withhold decisions across broad categories of asylum, work permit, green card, and citizenship applications based on an applicant’s country of origin. If your clients have pending USCIS cases from affected countries, this decision requires the agency to resume adjudication immediately.
What changed
The policy being struck down had blocked final decisions on immigration applications from 39 countries, with USCIS having exceeded its authority and unlawfully froze parts of the immigration benefits process. The administration adopted the policy after the arrest of an Afghan national accused of shooting two National Guard members last year, claiming the restrictions were needed for national security. Covered countries included nations in Africa, Asia, Latin America, and the Middle East that were subject to the administration’s travel restrictions.
McConnell sharply criticized USCIS, finding that the agency claimed power it did not have and failed to give a reasoned explanation for the policy. The judge wrote that the agency’s conduct was “contrary to law and arbitrary and capricious.” The judge has ordered USCIS to resume the processing of immigration applications filed by people from the 39 countries.
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
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 order is limited to USCIS, the Department of Homeland Security agency that handles immigration applications filed by people already inside the United States. Separate asylum cases decided by immigration judges for people stopped at the border are not covered by the decision.
All pending USCIS cases involving people from the countries covered by the challenged policy are expected to be affected, not only the applications tied to the groups named in the lawsuit. This means clients with I-485, I-131, I-140, I-765, N-400, or other benefit applications from the 39 countries will see their cases move forward—not just those represented by the named plaintiff organizations. Under the Administrative Procedure Act, USCIS must stay within the authority Congress gave it and give a reasoned explanation when changing how it handles immigration applications.
Way forward
- Audit your pending case inventory. If you have open USCIS cases for clients from any of the 39 affected countries (primarily travel-ban nations in Africa, Asia, the Middle East, and Latin America), the freeze should now be lifted. Review your docket for status and follow up with the USCIS office handling each file.
- Check for RFE/NOIDs and evidence gaps. Many cases frozen by this policy may have been awaiting responses or adjudication. Verify whether USCIS has issued any requests for evidence or notices of intent to deny that you missed during the freeze, and respond promptly.
- Consider second-review cases. If your client is among those already approved but required to undergo re-review under the now-vacated policy, the judge’s decision should terminate that second review. Confirm status with your local USCIS office.
- Monitor DHS response. The administration may appeal or attempt to defend these policies in further litigation. Monitor the docket and legal publications for appeals or new guidance from USCIS headquarters.
Disclaimer
This article is not legal advice. Fola Commentary is a software company, not a law firm. Immigration law is complex and this summary is for informational purposes only. Always consult a licensed immigration attorney about your specific case and verify all information against the primary court order and any current USCIS guidance. Immigration policies, court rulings, and agency procedures can change without notice.