USCIS policy update

Federal Court Vacates Four USCIS Benefit Freezes for 39 Travel-Ban Countries

On June 5, 2026, a federal judge struck down USCIS policies that froze asylum, green card, work permit, and naturalization processing nationwide. Practitioners can now advise clients that case processing must resume.

Chief Judge John J. McConnell Jr. of the U.S. District Court for the District of Rhode Island vacated four USCIS policies that have frozen immigration benefits for nationals of thirty-nine countries since late last year. The relief is nationwide.

What changed

The court vacated four separate USCIS directives: the Benefits Hold Policy (which froze work permit approvals, green card adjudications, naturalization, and other immigration benefits for nationals of approximately 39 countries), the Global Asylum Hold Policy (which halted processing of all asylum claims across the board), and the Comprehensive Re-Review Policy (which required USCIS to re-examine and reopen previously approved benefits for applicants from travel ban countries).

The court 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 that it is forbidden from letting influence its decision-making. In legal terms the court held that USCIS’s actions are contrary to law and arbitrary and capricious.

Unlike earlier preliminary injunction wins in other districts, which have generally limited relief to the named plaintiffs, the remedy here is vacatur of the underlying policies themselves, which carries far broader effect.

Why it matters

This ruling unblocks thousands of pending cases. McConnell said USCIS needs to restart application processing for all immigrants impacted by the pause, and the agency can no longer rely on the blanket policies. The judge also said officers cannot treat all individuals from particular countries as having an increased national security risk.

For practitioners, the immediate implication is straightforward: cases paused under the Global Asylum Hold Policy or the country-based benefits hold should now move under standard adjudication rules, subject to normal USCIS workloads. You can advise affected clients that their cases are no longer frozen simply because of their country of origin.

However, the ruling does not guarantee outcomes for applicants, only that their cases will be processed. The court vacated the blanket holds; it did not order approval. Your adjudication strategy should now focus on the merits of each individual application under normal USCIS standards.

DHS is expected to appeal and very possibly to seek a stay; until the dust settles, the status of pending cases for affected applicants could shift again, potentially more than once.

Way forward

  • Check case status immediately. For clients with pending asylum, green card, EAD, or naturalization applications involving nationals of the 39 affected countries, query USCIS online or via congressional inquiry to confirm whether your client’s case is moving again.

  • Gather and organize the record. Keep copies of receipt notices, RFEs, interview notices, and prior approval notices. Be ready to respond if USCIS issues a notice of action (NOA) or request for evidence now that processing is resuming.

  • Monitor for appellate stay. Expect DHS to file a notice of appeal in the First Circuit and possibly request a stay pending appeal. Check the U.S. District Court for the District of Rhode Island docket regularly (Dorcas International Institute of Rhode Island v. USCIS, Case No. 1:26-cv-00132) for any stay motion.

  • Plan for individual case outcomes. The ruling removes the categorical hold but does not insulate any single application from normal adjudication. Continue preparing supporting documentation and anticipate RFEs tied to individual case facts.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Immigration law is complex, policy changes frequently, and court decisions are subject to appeal. You must verify all information against the primary source linked above and consult a licensed immigration attorney for advice specific to your client’s circumstances. The Trump administration may seek a stay of this ruling or appeal to the First Circuit, and any such action could change the landscape overnight. Practitioners and applicants should monitor the docket and official USCIS communications for updates.

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