USCIS policy update

Federal Judge Strikes Down USCIS Freeze on 39-Country Applications

U.S. District Judge John McConnell vacated USCIS policies that halted asylum, work permit, and green card adjudications for applicants from 39 countries, finding the freeze unlawful and arbitrary.

A federal judge on Friday, June 5, struck down a Trump administration policy that had made it harder for immigrants from 39 countries to stay and enter the U.S., ruling the policy “threw the lives of countless immigrants living in the United States into indeterminate legal limbo.” The court declared four specific USCIS policies unlawful: the Benefits Hold Policy, the Global Asylum Hold Policy, the Comprehensive Re-Review Policy, and the Country-Specific Factors Policy.

What changed

Chief Judge John McConnell of the U.S. District Court for the District of Rhode Island struck down a series of Trump administration policies that had effectively halted the processing of immigration applications for individuals from 39 countries concentrated in Southwest Asia, Africa, and South America. The policies meant that immigrants from 39 African, Asian, Latin American, and Middle Eastern countries had been “categorically barred” from receiving final decisions on asylum, work permit, green card, and citizenship applications.

The judge has ordered USCIS to resume the processing of immigration applications filed by people from the 39 countries who were affected by Trump’s travel ban, as well as asylum applications. Judge McConnell also invalidated a USCIS policy that required immigrants from countries on the Trump administration’s travel ban list—who had already been approved for immigration benefits after entering the United States after 2021—to undergo a second review of their cases, rejecting the government’s argument that these screenings were necessary for national security.

Judge 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 that it must consider; and justifies its actions with pretextual concerns of ‘national security’” — meaning USCIS’s actions are “contrary to law and arbitrary and capricious.”

Why it matters

For practitioners, this ruling immediately affects how you advise clients and manage pending cases:

  • Adjudication resumes: USCIS must resume processing asylum claims, I-485 applications, I-765 (work permit) applications, N-400 (citizenship) applications, and other benefits for applicants from the 39 affected countries.

  • No re-review requirement: Any applicant who had already received a favorable determination before the freeze cannot be required to undergo the “Comprehensive Re-Review Policy” now that the policy is vacated.

  • Precedent on authority: Judge McConnell’s 135-page opinion establishes binding precedent in the District of Rhode Island (and persuasive authority nationally) that USCIS cannot freeze benefits adjudication by executive policy alone—it must follow statutory and regulatory procedures, provide reasoned explanation, and consider reliance interests of applicants.

  • Timing risk: Applicants who have been in legal limbo may face status expiration issues (expired work permits, overstaying nonimmigrant status, etc.) due to delays caused by the freeze. Document the freeze dates and any administrative actions needed to restore status.

Way forward

  1. Identify affected clients: Review your pending caseload for clients from the 39 countries whose cases were frozen between November 2025 and June 5, 2026. Prioritize cases nearing statute of limitations, expiration of authorized stay, or other time-sensitive milestones.

  2. Request case status: File Service Request inquiries with USCIS to confirm receipt of frozen applications and obtain updated processing dates. Note the freeze period in your request.

  3. Monitor USCIS guidance: USCIS will likely issue clarification on implementation of the court order. Check the USCIS website and subscribe to policy updates to learn how the agency will handle re-queued and pending cases.

  4. Consider supplemental filings: For cases where circumstances have materially changed during the freeze (e.g., marriage, employment loss, new evidence), prepare supplemental submissions to support adjudication under current facts.

  5. Document reliance losses: For clients who suffered job loss, visa overstay, or other harm due to inability to renew work authorization or obtain status decisions during the freeze, document these facts for any future remedy proceedings or agency responses.

Disclaimer

This article explains a court ruling and does not constitute legal advice. We are a software company, not a law firm. You should consult with a licensed immigration attorney in your jurisdiction to discuss how this ruling affects your specific case or filing strategy. Policy can change without notice, and the government may appeal this ruling or seek clarification from the court. Verify all information against the primary source documents linked above and monitor USCIS and Department of Homeland Security announcements for agency response.

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