In November and December 2025, the Trump Administration froze all adjudication of applications for nationals subject to a travel ban, announced that being from those countries would be a “significant negative factor” in benefits adjudication, froze adjudication of all affirmative asylum claims, and announced a “re-review” of all immigration benefits granted to people from a list of 39 countries since the Biden Administration. A federal district court has now halted that freeze.
What changed
A federal judge has rejected the government’s claim that its decisions were non-discriminatory and rooted in a reasonable desire to ensure security and accurate adjudication. The judge ruled that “USCIS has neither ‘followed the law’ nor ‘done things the right way.’ Indeed, 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.”
The order appears to enjoin the agency’s blanket freeze on applications from nationals of designated countries and the related re-review initiative, though the judge explicitly acknowledged that an appeal is likely (“for now” is built into the headline for good reason).
Why it matters
If the injunction holds and is not stayed pending appeal, practitioners representing clients from the frozen countries can expect USCIS to resume adjudication of pending applications. The court’s finding that USCIS violated both immigration statutes and the Administrative Procedure Act creates significant legal obstacles to the freeze’s reinstatement—the government will have to show on appeal that the district court erred, a difficult task when a judge has found statutory violation rather than merely disagreed with policy discretion.
For asylum applicants specifically, resumption of affirmative asylum adjudication means interviews that have been postponed since late 2025 will be scheduled. For family-based and employment-based applicants from the affected countries, pending Form I-485s, I-130s, I-140s, and related petitions should move off the hold list.
The “re-review” of benefits already granted to nationals from the 39-designated countries remains a question mark—that may require separate litigation or appeal-level clarification.
Way forward
- For clients with pending applications from frozen countries: Begin follow-up with USCIS on the status of stalled cases. Some field offices may move quickly; others may await appellate guidance. Document all delays.
- For advisors tracking this litigation: Monitor the docket for the Trump Administration’s notice of appeal and any motion to stay the injunction pending appeal. A stay could restore the freeze even while appeals proceed.
- For affirmative asylum applicants: Expect interview scheduling notices. Prepare clients accordingly, but remain flexible pending any appellate stay.
- Verify the applicable countries: The ARLnow piece does not list all 39 countries. Check the original USCIS policy memoranda from November–December 2025 to confirm which nationals are covered.
Disclaimer
This article is written for informational purposes only and is not legal advice. It summarizes a court decision reported in the ARLnow news article linked above. Immigration law and policy can change without notice, and judicial decisions may be reversed, stayed, or appealed. You should verify the current status of this case and its applicability to your clients by consulting the original court filing and speaking with a licensed immigration attorney. Fola is a software and content company, not a law firm.