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Judge Rules USCIS’s 39-Country Pause Unlawful

June 5, 2026

On June 5, 2026, 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.

Which Rulings Were Being Challenged?

Over the course of the last year, the Trump Administration released numerous policies – often in response to dramatic news events – that directed USCIS to stop adjudicating cases from 39 countries (concentrated in Southwest Asia, Africa, and South America) on the basis of supposed security concerns. These policies impacted everything from temporary status visa petitions to green card applications, throwing thousands of people into a protracted period of uncertainty and limbo.

What Did The Judge Rule?

Judge McConnell ruled that “each of the Challenged Policies that USCIS enacted—the Benefits Hold Policy, the Global Asylum Hold Policy, the Comprehensive Re-Review Policy, and the Country-Specific Factors Policy—are declared unlawful and are vacated and set aside.”

As the ruling explains, “plaintiffs and their members have observed the legal processes that Congress enacted by statute and USCIS promulgated by regulation so that they may one day obtain immigration benefits,” but they are still “stuck waiting, for months on end, for benefit requests that USCIS refuses to adjudicate.” The judge continues:

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. In enacting its latest immigration policies, 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” that mask anti-immigrant sentiments that it is forbidden from letting

What Does This Mean for Impacted Cases

While the ruling requires USCIS to resume processing the affected applications and petitions, the government may choose to challenge the decision. Simon, Choi & Tuohy will continue to monitor developments, and will provide additional updates as the situation is clarified.

TAGS: USCIS