USCIS policy update

Federal Judge Vacates USCIS Asylum Freeze and Benefits Hold for Travel Ban Countries

A Rhode Island federal court on June 5, 2026, struck down four USCIS policies that had frozen asylum adjudications and immigration benefits for nationals of 39 countries. USCIS must resume processing immediately.

On June 5, 2026, Chief Judge John J. McConnell Jr. of the U.S. District Court for the District of Rhode Island issued a landmark ruling in Dorcas International Institute of Rhode Island v. USCIS, vacating four USCIS policies that had placed immigration benefits on hold for people from countries targeted by Trump administration travel bans. The relief is nationwide. If you are representing a client whose asylum case, work permit, green card, or citizenship application was frozen since late 2025, this decision orders USCIS to resume adjudication.

What changed

In November 2025, USCIS indefinitely suspended asylum adjudications and froze immigration applications for people affected by a travel ban implemented after a man from Afghanistan allegedly shot two National Guard troops in Washington, DC. The court vacated and set aside four separate USCIS directives, including the Benefits Hold Policy — which froze work permit (EAD) approvals, green card adjudications, naturalization, and other immigration benefits for nationals of approximately 39 countries designated “high risk” under executive travel bans, including Iran, Nigeria, and Venezuela.

The challenged policies suspended asylum adjudications indefinitely, froze immigration applications for people from countries subject to the administration’s travel ban, reopened previously approved immigration cases, and directed immigration officers to treat nationality as a significant negative factor in their decisions.

McConnell declared the policies were unlawful and vacated them. Chief Judge McConnell found the policies unlawful on multiple grounds under the Administrative Procedure Act (APA): USCIS failed to provide a “reasoned explanation” for the policies and did not account for the reliance interests of hundreds of thousands of people whose pending applications were frozen.

Why it matters

For practitioners: If your case was frozen under any of these USCIS policies — whether you are waiting for a green card, a work permit, an asylum decision, or naturalization — you may now be entitled to have your application adjudicated. This is not automatic. Government agencies do not always move quickly to implement court rulings, especially when they intend to appeal.

The freeze has impacted adjustment of status applications (green cards for people already in the U.S.) and Employment Authorization Documents (EADs) — leaving many lawful residents unable to work. Adjustment, work permit, travel document, and naturalization cases that were paused under categorical country-based holds should return to ordinary case processing. Previously approved cases also cannot be reopened solely because of nationality or an entry date tied to those policies.

Practitioners need to move quickly: An appeal could change how the policies are applied in the weeks ahead.

Way forward

  • Check your case status: Pull the receipt notices and prior approval notices for all clients affected by the freeze. Verify current case status in the myUSCIS portal or USCIS Case Status Online.

  • Proactive follow-up: An immigration attorney can help you understand where your case stands, whether to proactively follow up with USCIS, and how to protect your status in the meantime. Do not assume USCIS will automatically move the case; many government agencies move slowly implementing court orders, and appeal briefing may delay full compliance.

  • Document everything: Maintain copies of all RFEs, interview notices, and related correspondence. If a client has lost work authorization or faced other documented harm during the freeze, document it for potential future claims (e.g., if a remand or fee waiver is warranted).

  • Watch the appeal: The Trump administration may appeal this decision to the First Circuit. Monitor the docket in Dorcas International Institute of Rhode Island v. USCIS, D.R.I., Case No. 1:26-cv-00132, for any stay pending appeal or other developments.

Disclaimer

This article explains a federal court decision as of the date published. It is not legal advice. Immigration law is complex and can change rapidly; appeals, executive action, or policy shifts may alter how this ruling applies to your case. USCIS may challenge, delay, or modify its compliance with this order. Always verify the current status of the law and your client’s specific case against the primary source court decision and official USCIS guidance. Consult a licensed immigration attorney for advice on your client’s or your own case.

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