USCIS policy update

Federal Judge Strikes Down USCIS 39-Country Asylum and Benefits Freeze

Chief Judge McConnell invalidates four USCIS policies that had categorically barred asylum, work permit, green card, and citizenship decisions for nationals of 39 countries, ordering immediate resumption of adjudication.

On June 5, 2026, Chief Judge John McConnell of the U.S. District Court for the District of Rhode Island struck down a series of Trump administration policies that had effectively halted the processing of immigration applications for individuals from 39 countries. The ruling orders USCIS to resume immediate adjudication of asylum determinations, work permits, green cards, and naturalization applications for nationals of these countries. If you represent clients from affected nations, this decision materially changes your filing and case-status advice.

What changed

Chief Judge John J. McConnell, Jr. issued a decision striking down four USCIS policies that had delayed, suspended, or subjected immigration applications to extraordinary review based on factors including nationality and country of origin. The challenged policies are the Benefits Hold Policy, the Global Asylum Hold Policy, the Comprehensive Re-Review Policy, and the Country-Specific Factors Policy—all declared unlawful and vacated.

Over the course of the last year, the Trump Administration released numerous policies that directed USCIS to stop adjudicating cases from 39 countries (concentrated in Southwest Asia, Africa, and South America) on the basis of supposed security concerns. These policies impacted everything from temporary status visa petitions to green card applications, throwing thousands of people into a protracted period of uncertainty and limbo.

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. The judge rejected the government’s argument that these additional screenings and country-based evaluations were necessary for national security, finding that the policy lacked sufficient legal justification.

Judge McConnell concluded that USCIS exceeded its statutory authority and violated the Administrative Procedure Act (APA). The court found that USCIS claimed powers not granted by Congress, failed to adequately justify the challenged policies, failed to consider the reliance interests of affected applicants, and adopted policies that were inconsistent with the governing immigration statutes.

Why it matters

USCIS must resume or begin processing green cards, including EB-5 visas, work permits, asylum determinations, and naturalization applications, for nationals of these countries without discrimination based on nationality. The broad ruling would impact all pending cases at USCIS involving people from the travel ban countries, not just those included in the lawsuit.

This is not a strike-down of the travel ban itself. The ruling does not cancel the travel ban; it only affects the USCIS processing freezes affecting nationals from these countries already in the United States. What was invalidated are the internal USCIS hold policies—the mechanism the agency used to freeze adjudication on I-485s, I-539s, asylum applications, I-131 work permits, and I-485-based naturalization cases for people physically in the U.S.

For your clients: Cases that had been on hold since late 2025 following a deadly attack on National Guard members in Washington, D.C. should now resume adjudication. However, this timeframe depends on how long the U.S. government delays enforcement of the court ruling, as it is expected to challenge the decision and may seek a pause pending the outcome of the appeal.

Note: USCIS, 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.

Way forward

  • Review your pending caseload immediately. Flag all clients from the 39 affected countries with pending asylum, work-permit (I-131), green-card (I-485, I-140, I-539), or naturalization (N-400) applications. These cases are no longer held and should move into active adjudication.
  • Check USCIS online accounts and portal status updates for any pending I-539, I-485, I-131, N-400, or I-526E filed before June 5, 2026. If a case shows no recent activity or a “hold” notation, contact USCIS customer service to confirm the freeze has been lifted and request priority adjudication.
  • Prepare clients for timeline shifts. Cases that have been stationary for months may now move quickly. Ensure clients have current address, employment, and family-status information on file in case interviews or Requests for Evidence are issued.
  • Monitor for government response and appeal. The Trump administration is expected to seek a stay of the ruling pending appeal. Follow the docket in Dorcas International Institute v. USCIS, 1:26-cv-00132 (D.R.I.) for updates on enforcement and any pauses or restrictions the court may issue later.

Disclaimer

This article is provided for general information and educational purposes only and is not legal advice. It does not create an attorney-client relationship. Fola Editorial is a software company, not a law firm. Please consult a licensed immigration attorney to discuss how this ruling applies to your specific circumstances. Immigration policy changes frequently and without notice; always verify the current status of policies and rules against official USCIS and Federal Register publications and primary court filings.

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