A US federal judge has ruled that immigration restrictions imposed by the Trump administration following the shooting of two National Guard members by an Afghan immigrant are unlawful. Chief Judge John McConnell issued a 135-page ruling on June 5 finding that the suspension of refugee, work permit, green card, and citizenship application processing for citizens of 39 countries does not comply with the law. The decision will reshape how USCIS handles pending applications and offers immediate relief to thousands of affected applicants.
What changed
USCIS acted unlawfully by implementing broad restrictions without authorization from Congress or established regulations. A federal judge ruled that the Trump administration had adopted a series of unlawful policies that barred people from 39 countries from receiving decisions on applications for asylum, work permits, green cards and citizenship, leaving people from dozens of African, Asian, Latin American and Middle Eastern countries in “indeterminate legal limbo.”
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 additional screenings were necessary for national security.
The court concluded that the policy unfairly targeted applicants based on their country of origin and violated federal immigration and administrative law. The decision requires the government to resume normal processing procedures and begin adjudicating the large backlog of cases.
Why it matters
This ruling strips away the legal justification for a hold that has paralyzed thousands of pending applications. If you have a client from one of the 39 affected countries whose green card, asylum, work permit, or citizenship application has been frozen since the policy took effect, this decision mandates that USCIS must adjudicate the case on its merits—not deny it based on country of origin.
According to Judge McConnell, the decision by USCIS “placed thousands of immigrants in legal limbo,” leaving many without work authorization or a clear legal status more than six months later. The backlog is substantial, and USCIS will need time to clear it. However, the court order is binding in the District of Rhode Island and persuasive authority nationwide.
Practitioners should expect:
- Resume of adjudication: USCIS will be ordered to process and decide pending cases without applying the country-based hold.
- Timeline uncertainty: The agency may appeal. Until appeal is resolved or time for appeal expires, monitor your jurisdiction and USCIS announcements closely.
- Potential retroactive relief: Cases denied solely under the invalidated policy may be subject to reopening or motion practice, depending on the final form of the court’s order and USCIS’s compliance.
Way forward
-
Audit your docket: Identify all pending green card (Form I-485), asylum (I-589), employment authorization (I-765), and naturalization (I-400/N-400) cases from the 39 affected countries. Log the date the application was filed, the last action, and current status.
-
File status inquiries or requests for evidence review: For cases stuck in pending limbo, consider filing a status inquiry via myUSCIS or in writing, citing the McConnell decision and requesting immediate adjudication without country-based restrictions.
-
Monitor USCIS guidance: Check the USCIS newsroom and your local office’s case processing times. USCIS may issue a policy memo or FAQs clarifying implementation.
-
Prepare appeal strategy: If the Trump administration appeals, work with local practitioners and immigrant advocacy groups to monitor the appeal and consider amicus participation if applicable.
Disclaimer
This article is provided for informational purposes only and is not legal advice. Fola is a software and publishing company, not a law firm. Immigration law is complex and fact-dependent; this summary reflects only one federal court decision and does not constitute legal counsel. Always consult a licensed immigration attorney regarding your specific case. Policy can change without notice; verify the current status of this ruling and any agency compliance guidance against official USCIS and court sources before relying on this analysis.