A federal judge on June 5, 2026, struck down several Trump administration policies that halted processing for asylum-seekers following a November shooting involving a National Guard member. The ruling immediately restores adjudication authority for asylum applications, work permits, green cards, and related immigration benefits that had been frozen since late 2025.
What changed
Judge John J. McConnell Jr. ruled the Trump administration “threw the lives of countless immigrants living in the United States into indeterminate legal limbo” by directing USCIS to pause asylum applications and green card paperwork for immigrants from 39 African, Asian, Latin American and Middle Eastern countries. The policy was announced in November after two National Guard members were shot.
Judge McConnell said the policy “violated the very immigration laws that Congress has charged it with administering.” McConnell 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”.
McConnell wrote that “USCIS’s hold on adjudications cannot be attributed to anything that these individuals did wrong; rather, it arises solely by the happenstance of their birth.” The judge wrote that the holds violated the immigration laws governing USCIS and that the agency had routinely applied the law unequally under the policies.
A status conference is set for June 10 in the U.S. District Court for the District of Columbia, indicating ongoing litigation.
Why it matters
Immigrants from 39 African, Asian, Latin American, and Middle Eastern countries have been “categorically barred” from receiving final decisions on their asylum, work permit, green card, and citizenship applications for roughly six months. Many individuals remained “without work, without legal status, and without any meaningful ability to plan for their futures,” according to the ruling.
The decision is binding on USCIS. You can now advise clients from the listed countries that their asylum and benefit applications must resume processing. Practitioners should flag any cases that were in queue during the freeze and monitor USCIS guidance on how it will handle adjudications that were pending.
The court noted that applicants “ought to ‘follow the law’ and ‘do things the right way.’ This case serves as a perfect example of immigrants doing just that,” underscoring the judge’s view that the freeze punished people who complied with legal immigration procedures.
Way forward
- Audit your pending caseload for asylum and benefit applications filed by clients from the 39 affected countries that were pending during the freeze period (November 2025–June 2026).
- Contact USCIS to confirm receipt and request status updates on frozen cases; cite this June 5 ruling if an office continues to delay adjudication.
- Prepare supplemental declarations for clients whose circumstances have materially changed during the unlawful hold (employment loss, health issues, family changes) and file before adjudication.
- Monitor the June 10 status conference in D.C. District Court to track any appeal or modification of the order. The Trump administration may seek a stay, so do not assume full implementation is immediate.
Disclaimer
Fola is a software company, not a law firm, and this article is not legal advice. Verify all details against the actual federal court ruling and USCIS’s official guidance. Immigration policy can change without notice. Consult a licensed immigration attorney licensed in your jurisdiction before making filing decisions or advising clients based on this summary.