USCIS removal defense

Federal Judge Strikes Down Trump Travel Ban Processing Freeze

A Rhode Island federal judge invalidated Trump administration policies that halted green cards, asylum decisions, and work permits for people from 39 countries, ordering USCIS to resume processing immediately.

A federal judge in Rhode Island blocked a series of Trump administration measures that prevented federal officials from granting asylum, green cards and other legal immigration benefits to many immigrants in the U.S., finding the limits to be arbitrary and capricious, contrary to federal law. Chief Judge John McConnell of the U.S. District Court in Rhode Island issued a 135-page opinion on the ruling.

What changed

McConnell invalidated a policy that halted all legal immigration applications filed by citizens of 39 countries listed on President Trump’s “travel ban” list; the Trump administration adopted the measures late last year on national security grounds, following the shooting of two National Guard members in Washington, D.C.

The judge ordered USCIS to resume the processing of immigration applications filed by people from the 39 countries who were affected by Trump’s travel ban, as well as asylum applications. 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.

McConnell ruled that USCIS “claims statutory and regulatory authority that it does not possess; makes decisions without the reasoned explanations that it must provide; acts without regard for the reliance interests of applicants that it must consider; and justifies its actions with pretextual concerns of ‘national security’ that mask anti-immigrant sentiments.”

Why it matters

For more than six months, immigrants from 39 countries the administration deemed high-risk to national security lived in legal limbo as the federal government refused to make a decision on their work permits, asylum, green cards and citizenship. McConnell noted the immigrants affected by the policies “filed the appropriate paperwork, paid the required filing fees, submitted to the requested biometrics collections, and attended the necessary in person interviews.”

The ruling is a major victory for immigrants and their advocates, who had seen processing come to an abrupt halt — a pause that threatened to push some immigrants in the country legally on time-limited visas to overstay the bounds of their status. USCIS rule changes had led to the widespread cancellation of naturalization ceremonies for affected immigrants on the brink of getting their citizenship; those ceremonies will now be rescheduled.

For immigration practitioners, this ruling means you can now advise clients from the 39 affected countries that USCIS must resume adjudicating their pending applications. Cases that have been in administrative limbo for six months or longer should be moving forward again. The invalidation of the re-review requirement for previously approved benefits significantly shortens the timeline for those applicants.

Way forward

  • Check case status immediately. If you have clients with pending applications from the 39 affected countries, contact USCIS service centers to confirm cases are being resumed. Backlog processing may take time, so early confirmation helps you plan client communication.

  • Reschedule naturalization ceremonies. If your clients had naturalization ceremonies canceled, work with USCIS field offices to get new dates scheduled as soon as the agency begins reopening its ceremonies calendar.

  • Notify clients of approval expectations. If clients have completed all required interviews and submitted evidence, advise them that decisions should now be forthcoming under normal processing times, not indefinite holds.

  • Preserve the record. Document the dates your clients’ applications were frozen and resumed, in case the Trump administration appeals and the landscape shifts again. This creates a foundation for any future litigation.

Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Fola is a technology platform, not a law firm. Immigration policy can change without notice, and court orders may be stayed or appealed. Verify all information against the primary source court opinion and consult a licensed immigration attorney before making filing decisions or advising clients.

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