Learn about the Rhode Island Federal Court's decision to overturn the USCIS immigration processing freeze and its implications for asylum, Green Card, work permit, and naturalization applicants.
The Rhode Island Federal Court has struck down the USCIS immigration processing freeze, a decision that could impact asylum, Green Card, work permit, and naturalization applicants. This ruling affects individuals whose applications were placed on hold or subjected to re-review due to their nationality. The court found these USCIS policies unlawful under the Administrative Procedure Act and the Immigration and Nationality Act, requiring USCIS to adjudicate applications rather than leaving them pending indefinitely.
The Rhode Island Federal Court strikes down the USCIS immigration processing freeze in a ruling that could affect asylum, Green Card, work permit, and naturalization applicants. The federal court’s decision may affect:
The U.S. Citizenship and Immigration Services (USCIS) had implemented policies freezing all asylum applications and placing immigration benefit applications filed by nationals of 39 countries covered by the travel restrictions on indefinite hold. On June 5, 2026, the U.S. District Court for the District of Rhode Island ruled that these policies were unlawful. The decision was issued in Dorcas International Institute of Rhode Island v. USCIS.
To limit immigration, the federal government adopted two distinct policies that affected different groups of immigrants.
The U.S. Department of State suspended the processing of immigrant visa applications for nationals of 75 countries. This policy primarily affected individuals outside the United States who were waiting for immigrant visas at U.S. embassies and consulates.
The suspension was based on public charge considerations and other economic policy concerns.
The second policy applied to individuals already inside the United States.
Under this policy, USCIS indefinitely paused immigration benefit applications filed by nationals of 39 designated countries, citing administrative processing, national security concerns, and the federal travel restrictions.
The policy primarily affected applicants seeking:
The Rhode Island federal court's ruling applies only to the second policy—the USCIS practice of indefinitely freezing immigration benefit applications filed by nationals of the designated 39 countries.
Before the court's decision, USCIS implemented the following policies:
If an applicant was a national of one of the 39 designated countries and had filed for a Green Card, Employment Authorization Document (EAD), or U.S. citizenship, USCIS placed the application on an indefinite hold.
Rather than approving or denying the application, USCIS simply left the case pending without issuing a decision.
As a result of the court's ruling, USCIS may no longer indefinitely suspend Adjustment of Status (Form I-485) or Employment Authorization Document (EAD) applications solely because the applicant is from one of the 39 designated countries.
USCIS had also suspended the adjudication of all asylum applications, regardless of the applicant's country of origin.
The court ruled that USCIS cannot impose a blanket suspension on asylum adjudications by freezing every pending asylum case without individualized consideration.
Under the Comprehensive Re-Review Policy, USCIS reopened immigration cases that had already been approved on or after January 20, 2021, during the Biden administration, if the applicant was a national of one of the designated countries.
Even previously approved immigration benefits were not considered final. Individuals who had already received a Green Card, Employment Authorization Document (EAD), or other immigration benefits after January 20, 2021, remained subject to additional government review because USCIS retained the authority to reopen and reassess their cases.
The Rhode Island federal court's decision eliminates USCIS's ability to broadly reopen previously approved immigration cases under this policy.
USCIS also applied a Country-Specific Factors Policy, under which applicants from one of the 39 designated countries were automatically treated as presenting a significant negative discretionary factor, even when there were no other concerns in their immigration case.
The court ruled that USCIS cannot presume an applicant presents a negative discretionary factor solely because of the applicant's nationality.
The federal court held that these policies violated both the Administrative Procedure Act (APA) and the Immigration and Nationality Act (INA).
According to the court, federal immigration law requires USCIS to adjudicate immigration benefit applications by issuing a decision. The agency does not have the legal authority to leave applications pending indefinitely without approving or denying them.
List of the 39 Countries Covered by the USCIS Immigration Processing Freeze
Individuals traveling with travel documents issued or endorsed by the Palestinian Authority were also included within the scope of these restrictions.
These immigration processing restrictions were introduced following an attack in Washington, D.C., in December 2025, in which two members of the National Guard were killed.
The individual responsible for the attack had reportedly been granted asylum in March 2025.
Following that incident, the administration implemented a travel ban covering 19 countries in June 2025. The restrictions were later expanded to 39 countries in December 2025, after which USCIS adopted the immigration benefits freeze policies affecting applicants from those designated countries.
The Rhode Island federal court's decision is not yet final.
On June 12, 2026, USCIS filed an appeal with the U.S. Court of Appeals for the First Circuit (Case No. 26-1703). While the appeal is pending, the federal government has also requested that the appellate court stay the district court's ruling, which would temporarily suspend the effect of the decision during the appeal process.
Current Status of USCIS Processing
As of now:
The June 5, 2026, decision issued by the U.S. District Court for the District of Rhode Island invalidated four USCIS administrative policies that allowed the agency to place Green Card, Employment Authorization Document (EAD), naturalization, asylum, and other immigration benefit applications filed by nationals of certain countries on indefinite hold.
Importantly, the ruling applies only to immigration benefit applications filed within the United States and processed by USCIS. The court concluded that USCIS may not indefinitely suspend the adjudication of these applications under the challenged policies.
The decision represents a significant development for hundreds of thousands of immigrants whose cases were affected. However, the litigation is still ongoing, and the final outcome will ultimately depend on the decision of the U.S. Court of Appeals for the First Circuit.
It is equally important to understand what this decision does not do.
The ruling does not invalidate the Trump administration's travel restrictions governing entry into the United States from abroad. Likewise, it does not affect the U.S. Department of State's suspension of immigrant visa processing for nationals of 75 countries at U.S. embassies and consulates overseas. Those travel restrictions and consular visa policies remain in effect under separate legal authority.
Speak with an Experienced U.S. Immigration Attorney
If you have questions about these recent developments in U.S. immigration law, or if you believe this court decision may affect your Green Card, asylum, work permit, or citizenship application, our experienced immigration attorneys are here to help.
Contact Akalan Law today to discuss your immigration options and receive personalized legal guidance.
This article is provided for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult a licensed immigration attorney regarding your individual circumstances.
Akalan Law Firm, PLLC
All Rights Reserved © 2024
