USCIS removal defense

Court Orders USCIS to Resume Visa Processing for 39-Country Ban Nations

After a week of resistance, USCIS has agreed to comply with federal court order vacating policies that froze green card, asylum, and work permit applications for nationals of 39 countries.

A federal court has ordered USCIS to resume immigration applications for nationals of 39 countries after the agency filed a statement saying it would comply with the ruling “pending possible further judicial review.” The development marks the Trump administration’s first concrete step toward adhering to a court order that has faced significant internal resistance.

What changed

On June 5, Chief U.S. District Judge John McConnell ruled that USCIS had acted unlawfully by implementing broad restrictions without authorization from Congress or established regulations. The order vacated four USCIS policies: the global asylum suspension, benefits suspension, comprehensive review, and country-specific factor policies.

The Trump administration had signed a proclamation in June 2025 barring entry for nationals of 12 countries and imposing partial restrictions on another seven, citing national security concerns. USCIS then stopped processing many immigration applications filed by people from a broader group of 39 countries covered by the administration’s restrictions.

USCIS said it “strongly disagrees with the court’s order” but would comply. The Trump administration initially argued the judge’s order was only preliminary and had not “become effective.” McConnell responded by entering a formal judgment on Thursday, writing “There is no excuse this time” and ordering the government to comply immediately, giving the administration until Friday evening to file an update on compliance steps.

Why it matters

The freeze left thousands of applicants unable to obtain green cards, asylum protections, work permits or U.S. citizenship decisions, even if they were already legally living in the United States while their cases were pending.

The McConnell ruling has immediate consequences for your case management:

  • Case restart: Asylum officers and USCIS adjudicators must pick up files that have sat untouched for months, restoring a path toward work authorization and permanent status.
  • No country-based discrimination: The judge 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.
  • Appeal pending: Vacatur is effective upon entry of the order but is subject to a government appeal and potential emergency stay. The First Circuit could reinstate the policies on short notice.

Way forward

  • Check case status today: Pull your pending I-140s, I-485s, I-589s, I-765 applications, and naturalization N-400 filings for any client from the 39 affected countries. Expect USCIS to restart processing this week.
  • Document the freeze period: If your client’s case was delayed solely due to the country-based freeze, preserve the record for potential fee waivers, expedite requests, or priority processing arguments.
  • Monitor the First Circuit appeal: The government has signaled it may appeal. Monitor the U.S. Court of Appeals for the First Circuit (where this case will likely be appealed) for any emergency stay motions.
  • Update client communications: Inform clients that USCIS has agreed to resume processing and that they should expect activity on their cases. Note that the travel ban itself remains in effect; this ruling affects only the processing freeze for applicants already in the U.S.

Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Folaform is a software company, not a law firm. You should consult a licensed immigration attorney to understand how this ruling affects your specific case. Immigration policy can change without notice. Verify all information against the primary court documents and official agency guidance linked above before relying on it in client matters.

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