USCIS consular processing

Court orders immediate USCIS processing of green card and work permit applications

U.S. District Judge John J. McConnell Jr. issued an enforcement order requiring USCIS to resume processing green card and work permit applications for immigrants from 39 countries after the agency allegedly continued applying invalidated policies.

A federal judge issued an order intended to force the government to resume processing green card and work permit applications for immigrants from 39 countries under President Donald Trump’s travel ban. Immigrant advocacy groups argued that the government had “continued to apply and enforce those policies” even after they were overturned on June 5, prompting the enforcement action.

What changed

U.S. District Judge John J. McConnell Jr. issued the order a week after an initial ruling overturning USCIS’ pause on processing a range of applications, which plaintiffs said had been ignored by the Department of Homeland Security (DHS). The judge told USCIS it had 24 hours to show how it was complying with the order.

The court had invalidated four policies that had allowed USCIS to pause or heavily scrutinize applications tied to certain countries, yet USCIS continued to rely on the now-invalidated policies, withholding citizenship, green cards, work permits and other essential immigration benefits, with policy documents remaining published and unchanged.

The Trump administration filed an appeal to the U.S. Court of Appeals on Friday.

Why it matters

This enforcement order directly affects your clients’ timelines and your filing strategy. Immigrants were still being denied green cards, citizenship, and work permits, according to an emergency filing Wednesday—meaning that even though the initial June 5 court decision invalidated the pause, USCIS adjudicators in the field may not have received updated guidance or may have continued applying the old policies.

If your clients’ cases are pending adjustment or work authorization for nationals of the 39 affected countries, this order signals that the courts are enforcing compliance. However, the Trump administration filed an appeal to the U.S. Court of Appeals on Friday, meaning the litigation will continue and policy could shift again at the appellate level. Practitioners should monitor the appeal docket for any stay or further relief.

The Trump administration has also made various other changes to how legal immigration works since January 2025, including efforts to alter the adjustment of status, which allows immigrants applying for green cards to remain in the U.S. while their applications are processed.

Way forward

  • Check your pending cases: If you have clients from the 39 covered countries with green card or work permit applications pending, review the case status now. The 24-hour compliance window may be reflected in case processing or adjudication timelines within days.

  • Monitor the appeal: Track the Court of Appeals docket for any motions to stay the district court order or expedited briefing. The administration’s appeal could freeze or reverse current processing again.

  • Gather evidence of delay: If your client’s case was denied or stalled under the invalidated policies, preserve the record of the original denial or pause. You may need it if the appeal succeeds and a second round of litigation becomes necessary.

  • Coordinate with advocacy groups: Organizations like Dorcas International Institute and African Communities Together are monitoring compliance. Your clients may benefit from joining or supporting a class action or amicus filing.

Disclaimer

Fola is a software company, not a law firm, and this article is not legal advice. Consult a licensed immigration attorney in your jurisdiction for advice on your specific case. Verify this information against the primary court order and the official USCIS website. Federal court orders and agency policies can change without notice, and legal proceedings can reach different outcomes on appeal.

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