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  • Federal Judge Blocks USCIS Policies Targeting Immigrants From 39 Countries
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Federal Judge Blocks USCIS Policies Targeting Immigrants From 39 Countries

Avatar photo Yemen Herald News June 5, 2026
Federal Judge Blocks USCIS Policies Targeting Immigrants From 39 Countries
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A U.S. federal judge has overturned a set of Trump administration policies that had effectively frozen immigration applications from nationals of 39 countries, ruling that the agency responsible for adjudicating those cases acted outside its legal authority.

The decision, issued Friday from a courtroom in Providence, Rhode Island, directs U.S. Citizenship and Immigration Services to resume processing asylum decisions, work-permit renewals, green-card adjudications and naturalization petitions filed by people from the affected countries. Chief U.S. District Judge John McConnell, an appointee of former President Barack Obama, concluded that USCIS had built a layered set of internal policies that conflicted with both federal immigration statutes and the basic ground rules of administrative law.

The case was brought in March by a coalition of immigrant-aid organizations and labor unions, who argued that the agency was punishing applicants for circumstances over which they had no control — namely, where they happened to be born.

What the Ruling Says

McConnell’s opinion centered on a sequence of operational guidelines that USCIS, an agency housed inside the Department of Homeland Security, began rolling out late last year. Under those internal procedures, the agency placed adjudications on indefinite hold for individuals whose home countries were named on the administration’s expanded travel-ban list. The order applied even when an applicant was already inside the United States with lawful status and had simply filed a routine renewal or follow-on petition.

The judge described the freeze as a sweeping suspension that, in his words, “threw the lives of countless immigrants living in the United States into indeterminate legal limbo.” He stressed that the affected applicants had taken every required step to remain in lawful status, only to be left waiting for decisions that never arrived.

In one of the more pointed passages of the ruling, 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.” He also rejected the agency’s characterization of the holds as routine vetting, calling the conduct a violation of “the very immigration laws that Congress has charged it with administering, as well as the administrative laws that govern the agency’s actions.”

The court stopped short of setting a precise timeline for restarting case processing, but the ruling makes clear that USCIS may no longer treat the 39-country designation as a basis for indefinite delay. Routine adjudication has to resume, and any future restrictions tied to those nationalities must be reached through the formal procedures Congress and the courts require.

Which Countries Were Affected

The disputed policies applied to applicants from a group of 39 nations spread across Africa, Asia, Latin America and the Middle East. The list traces back to a series of travel restrictions announced by President Donald Trump, who has framed the measures as necessary on vetting and national security grounds.

Some of the affected countries are subject to full bans on entry, while others face partial restrictions limited to particular visa categories. The administration has argued that nationals of these countries are more difficult to screen because of weaker cooperation from their governments on identity verification, criminal record checks or information sharing with U.S. agencies.

Court filings indicated that the practical effect of the policies extended well beyond border control. Even people who were already living lawfully in the United States — sometimes for years, on temporary status — were unable to obtain decisions on benefits they were otherwise eligible for, including renewals of work authorization and family-based green cards. For students, professionals on employer-sponsored visas, and the spouses and children of U.S. citizens, the delays translated into lost jobs, missed travel and gaps in legal status that put their long-term residency at risk.

How the Holds Worked in Practice

According to the lawsuit, USCIS staff were instructed in late 2025 to set aside any benefit application connected to one of the 39 countries unless an explicit exemption applied. Applications still had to be filed, fees still had to be paid, and biometric appointments still had to be attended, but the file would not advance toward a final decision.

The result, plaintiffs said, was an administrative backlog that swept across work permits, advance travel parole, lawful permanent residence, refugee resettlement follow-ups, asylum interviews and naturalization ceremonies. Some applicants who had already passed their citizenship interview reported that the oath ceremony was deferred without explanation. Others received notices acknowledging that their files were considered complete but offered no projected decision date.

Lawyers for the immigrant groups argued that the policies amounted to an end run around Congress, which has set specific statutory standards for each benefit USCIS administers. They also said the agency had failed to publish the new rules through the formal notice-and-comment process that the Administrative Procedure Act requires for substantive policy changes — a procedural shortcut that, in their view, allowed the agency to dodge public scrutiny.

The Plaintiffs and Their Argument

The suit was filed in early March by a coalition of national immigrant-service organizations and labor unions, several of whose members hold work authorization through programs caught up in the freeze. The complaint asked the court to declare the policies unlawful and to order USCIS to resume processing applications under its long-standing regulations.

Attorneys for the plaintiffs advanced three core arguments. First, they said the country-of-birth holds violated equal-treatment principles embedded in federal immigration law, because they punished people for nationality alone rather than for any individual conduct. Second, they argued that USCIS exceeded its delegated authority by inventing eligibility barriers that Congress had never approved. Third, they contended that the agency violated the Administrative Procedure Act by acting through informal internal memos rather than published rules subject to public comment.

McConnell found those arguments persuasive. While he did not address every constitutional theory raised in the briefs, he agreed that the policies were both unlawful in their substantive reasoning and procedurally defective in how they had been adopted. The combination, he wrote, left the agency without a defensible basis for the freeze.

Government Response

The Department of Homeland Security did not respond to questions from reporters about the ruling on Friday. Earlier in the litigation, government attorneys had defended the holds as a temporary, security-driven step pending the rollout of updated vetting procedures, and had argued that courts should not interfere with the executive branch’s broad discretion over immigration enforcement.

It is not yet known whether the administration will seek a stay of the ruling pending appeal, or whether it will instead attempt to redraft the policies in a manner that complies with administrative law. Either path is possible. Any appeal would head to the U.S. Court of Appeals for the First Circuit, and a final decision at that level would most likely run into the second half of the year.

What Happens Next

For affected applicants, the most immediate question is how quickly USCIS will resume issuing decisions. Agency operations historically take weeks to align with a court order of this scope, and field offices around the country may need new internal guidance before they begin clearing the shelved files. Advocacy groups have urged the department to publish a clear schedule for working through the backlog and to give priority to cases involving work authorization, where delays translate most quickly into lost income and lapsed legal status.

The ruling could also shape parallel litigation. Courts in other jurisdictions have been asked to weigh similar challenges to USCIS practices, and McConnell’s reasoning — particularly his emphasis on Congress’s exclusive authority to define benefit eligibility — may be cited by plaintiffs and judges elsewhere. Several pending suits involve narrower questions, but the underlying objection is the same: that an executive-branch agency cannot use travel-ban authority as a back door to suspend statutory rights.

The decision does not strike down the underlying entry restrictions. People from the 39 countries who have no existing tie to the United States still face the same barriers at consulates and ports of entry. What the ruling dismantles is the secondary set of internal USCIS rules that effectively extended the bans to anyone who had already arrived. For now, the answer to the basic question raised by the lawsuit — whether the federal government can simply stop deciding immigration cases because of an applicant’s birthplace — is no.

The opinion echoes a recurring theme in U.S. immigration litigation: federal agencies are bound by the statutes Congress has written, and travel-ban authority — broad as it is — does not give the executive branch unlimited power to rewrite benefit rules already on the books. McConnell’s ruling reasserts that boundary at a moment when both sides of the immigration debate are testing how far it can be stretched.

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