Chief U.S. District Judge John McConnell in Providence, Rhode Island, ruled on Friday that the Trump administration unlawfully barred applicants from 39 travel-ban countries from receiving decisions on asylum, work permits, green cards and citizenship. This decision has immediate implications for practitioners with clients from the affected nations whose cases have been frozen in USCIS’s pipeline for months.
What changed
A lawsuit filed in March by a coalition of immigrant service organizations and labor unions challenged policies adopted starting in November by USCIS that placed a hold on processing immigration benefit applications from people in the 39 countries subject to Trump’s full or partial travel bans. Judge McConnell ruled that USCIS had adopted a series of unlawful policies targeting people from 39 African, Asian, Latin American and Middle Eastern countries.
The judge found the agency adopted the policies without statutory and regulatory authority and based on “anti-immigrant sentiments that it is forbidden from letting influence its decision-making”. McConnell wrote: “the rule of law has to apply to everyone equally and, as evident here, USCIS has neither ‘followed the law’ nor ‘done things the right way’” and “the agency has violated the very immigration laws that Congress has charged it with administering, as well as the administrative laws that govern the agency’s actions”.
Why it matters
This is a binding federal district court judgment that invalidates USCIS’s authority to freeze benefit processing based on applicant country of origin. If the government does not obtain a stay pending appeal (which it may attempt), cases that have been stalled since November should resume processing. Immigration legal groups note that even if the vacatur stands, USCIS will need time to remove case-management flags, revise internal guidance and restart normal processing.
You likely have clients whose I-485, I-765, I-131, N-400, I-90, or asylum applications have been frozen in this hold. The court’s decision means USCIS cannot continue to refuse adjudication solely on the basis of the applicant’s citizenship in one of the 39 affected countries. However, the government could ask for a stay during an appeal, and if a stay is granted, many cases could remain stuck while higher courts weigh in.
Way forward
-
Monitor the appeal. Check regularly for USCIS guidance and any government motion for a stay. The decision’s real-world impact depends on whether the court of appeals freezes the judgment pending review.
-
Document the hold. For each client affected, pull the timeline showing when USCIS placed the case on hold (likely in November) and any communications indicating the freeze was country-based.
-
Prepare to reactivate. Once USCIS confirms it will resume processing, be ready to follow up proactively on stalled cases. Case-management systems may not automatically flag them for adjudication.
-
Advise clients. Explain that this is a favorable court decision, but it may take weeks or months for USCIS to operationalize the change, especially if the government appeals and obtains a stay.
Disclaimer
This article summarizes a federal court decision and is not legal advice. The ruling is binding on USCIS but subject to appeal. Immigration law is complex and policy can change without notice. Verify all information against the primary source and the court’s written opinion, and consult a licensed immigration attorney about your specific situation.