A federal judge ruled Friday that the Trump administration last year unlawfully paused final immigration decisions for individuals from countries affected by its so-called travel ban. The lawsuit was brought in March by various nonprofits representing immigrants, criticizing several Citizenship and Immigration Services policies that paused final decisions on asylum, green card and citizenship applications for individuals from any of the 39 countries under the current travel ban. If you represent clients from travel-ban nations whose cases have been stalled at USCIS, this ruling gives you new legal ground to move forward.
What changed
U.S. District Court Judge John McConnell Jr. in Rhode Island wrote that the restrictions put “countless immigrants” in an “indeterminate legal limbo,” and said the agency’s current policy hinges “solely” on place of birth rather than merit. The judge found 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.”
The ban took effect last year and initially covered 19 countries; it was expanded to 39 in late December and now includes countries in Latin America, Africa, Asia, and the Middle East. USCIS had placed a hold on processing immigration benefit applications from people from those 39 countries.
Why it matters
The ruling is binding on USCIS within the District of Rhode Island and persuasive nationwide. 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 means:
- Adjudication resumes: USCIS can no longer legally justify blanket holds on asylum, green card, citizenship, or work permit applications solely because an applicant is from a listed country.
- Reliance interests matter: The judge noted that immigrants had adhered to the legal processes Congress had enacted and USCIS had adopted by regulation, yet had been “stuck waiting, for months on end, for benefit requests that USCIS refuses to adjudicate.” McConnell emphasized that applicants who filed in good faith—paying fees, submitting biometrics, gathering documents—deserve resolution on the merits, not indefinite limbo.
- No plain-language justification for the hold: USCIS must provide reasoned explanations for any policy affecting applications; a blanket geographic hold without individualized review fails this standard.
Way forward
- Move stalled cases forward: Contact USCIS to confirm that pending I-485s, I-539s, N-400s, and work authorization requests from travel-ban countries are back under review. Follow up with a formal inquiry if no movement occurs within 30 days.
- File new applications: Practitioners can now confidently file for clients from the 39 listed countries without the legal cloud of an agency-wide hold.
- Preserve the record: If USCIS denies or delays a case citing the travel ban after this ruling, document the denial and consider citing McConnell’s decision in administrative appeals or federal litigation.
- Monitor for appeal: The Trump administration may appeal, and the decision could be stayed pending appeal. Verify the current status of the ban at https://www.uscis.gov and consult the federal court docket before relying solely on this ruling.
Disclaimer
This article is for informational purposes and does not constitute legal advice. Fola Editorial is a software company, not a law firm. You should consult a licensed immigration attorney to assess how this ruling applies to your specific situation. Immigration policy can change without notice; verify the status of any referenced policies and agency positions against the primary source linked above and the most recent USCIS guidance before relying on them in client representation.