A federal judge on Friday vacated a series of President Trump’s policies enacted in the wake of a deadly attack on National Guard members, forcing immigration agencies to again process applications from citizens of nearly 40 countries. Rhode Island-based U.S. District Judge John McConnell found all of the actions were unlawful, admonishing the Trump administration for taking actions designed to unwind the lives of those who lawfully immigrated to the U.S. and finding that USCIS “violated the very immigration laws that Congress has charged it with administering.”
What changed
In the days surrounding last Thanksgiving, Trump barred the processing of any immigration application for those from 39 travel ban countries, halting the ability to get green cards and leading to widespread cancellation of naturalization ceremonies. He also put a stop to the processing of asylum claims from any country and ordered a review of all immigration benefits bestowed to those from the 39 travel ban countries under former President Biden.
In a 135-page opinion, Chief Judge John McConnell of the U.S. District Court in Rhode Island found the sweeping limits on legal immigration benefits to be arbitrary and capricious, contrary to federal law. The court found that USCIS lacked statutory authority to impose the categorical pause and that the agency failed to provide reasoned explanations for its decisions. 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
For more than six months, immigrants from 39 countries the administration deems high-risk to national security have lived in a legal limbo as the federal government refuses to make a decision on their work permits, asylum, green cards and citizenship, leaving them unable to work and at risk of deportation. The court ruling now requires USCIS to resume normal adjudication.
For practitioners, this decision means:
- Backlog processing must resume: All pending I-485s, I-539s, I-765 renewals, and N-400s for nationals of the 39 travel ban countries must move forward without further delay.
- No re-review requirement: Beneficiaries who were approved after 2021 cannot be subjected to the second review policy.
- Asylum cases reopen: USCIS must adjudicate pending asylum applications from nationals of the 39 countries.
- Clients at risk of overstay: Practitioners should prioritize work permit renewals and status adjustments for clients whose time-limited visas were affected by the freeze.
Way forward
Immediate steps for practitioners:
- Contact USCIS service centers to confirm reopening of cases for your clients from the 39 travel ban countries; request priority processing where justified by client circumstances.
- Inventory pending cases that were stalled under the freeze (I-485, I-539, I-765, N-400, I-140) and prepare to move them forward without delay.
- Address overstay risk: If clients’ authorized stay periods expired during the freeze, file for Deferred Action for Childhood Arrivals (DACA) or other relief to reset status, or file an I-539 to extend current status immediately.
- Monitor USCIS updates: Watch the USCIS website and Federal Register for implementing guidance on case reopening procedures and priority protocols.
Disclaimer
This is not legal advice. Fola Editorial is a software platform and does not constitute a law firm. You should consult a licensed immigration attorney to advise you on your specific circumstances and to verify the impact of this ruling on your pending cases. Policy and court decisions can change without notice; always verify your strategies against the primary source and current agency guidance.