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▸ Executive Summary
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:
- Individuals whose asylum applications were placed on hold.
- Applicants whose Green Card, Employment Authorization Document (EAD), or U.S. citizenship applications were suspended.
- Individuals whose previously approved immigration benefits were subjected to re-review.
- Applicants who were automatically treated as presenting a negative discretionary factor solely because of their country of nationality.
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.
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Understanding the Two Separate Immigration Restrictions
To limit immigration, the federal government adopted two distinct policies that affected different groups of immigrants.
1. Suspension of Immigrant Visa Processing for 75 Countries
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.
2. USCIS Freeze on Immigration Benefits for Nationals of 39 Countries
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:
- Adjustment of Status (Form I-485)
- Employment Authorization Documents (EADs)
- Other immigration benefits processed by USCIS while remaining in the United States.
What Does the Rhode Island Federal Court Decision Cover?
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:
Benefits Hold Policy
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.
Global Asylum Hold Policy
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.
Comprehensive Re-Review Policy
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.
Country-Specific Factors 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.
Why Did the Court Find These USCIS Policies Unlawful?
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
List of the 39 Countries Covered by the USCIS Immigration Processing Freeze
Countries Subject to Full Restrictions (19)
- Afghanistan
- Burkina Faso
- Myanmar (Burma)
- Chad
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Laos
- Libya
- Mali
- Niger
- Republic of the Congo
- Sierra Leone
- Somalia
- South Sudan
- Sudan
- Syria
- Yemen
Individuals traveling with travel documents issued or endorsed by the Palestinian Authority were also included within the scope of these restrictions.
Countries Subject to Partial Restrictions (20)
- Angola
- Antigua and Barbuda
- Benin
- Burundi
- Côte d'Ivoire (Ivory Coast)
- Cuba
- Dominica
- Gabon
- The Gambia
- Malawi
- Mauritania
- Nigeria
- Senegal
- Tanzania
- Togo
- Tonga
- Turkmenistan (immigrant visas only)
- Venezuela
- Zambia
- Zimbabwe
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Background: How These USCIS Immigration Policies Began
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.
Find out how the USCIS ruling may affect your immigration case. →
Current Status: The Appeal Is Still Pending
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:
- USCIS has announced that it is complying with the district court's ruling and has rescinded the four immigration processing freeze policies.
- Immigration applications that had previously been placed on hold—including Form I-130, Form I-485, Form N-400, Form I-589, and Form I-765—are once again being processed.
- If the First Circuit Court of Appeals grants the government's request for a stay, USCIS could temporarily reinstate these immigration processing freeze policies while the appeal is pending.
Frequently Asked Questions
What is the USCIS immigration processing freeze?
The USCIS immigration processing freeze was a policy that paused certain immigration applications, including Green Card, work permit (EAD), asylum, and naturalization applications.
Who is affected by the Rhode Island federal court decision?
The court's decision may affect individuals whose immigration applications were delayed under the USCIS processing freeze. This includes some applicants for asylum, Adjustment of Status (Green Card), Employment Authorization Documents (EADs), and U.S. citizenship. It may also affect individuals whose previously approved immigration benefits were reopened for additional review.
Will USCIS start processing my Green Card application again?
If your Adjustment of Status (Form I-485) application was placed on hold because of the now-invalidated USCIS policies, your case may begin moving forward again. USCIS has stated that it is complying with the court's order. However, because the government has appealed the decision, future developments could affect processing.
Does this decision affect asylum applications?
Yes. The federal court ruled that USCIS cannot place all asylum applications on hold without reviewing each case individually. If your asylum application was delayed because of the agency's blanket suspension policy, USCIS may now continue processing your case.
Can USCIS still delay my work permit application?
USCIS must continue reviewing work permit (Form I-765) applications under the law. The court found that the agency cannot leave applications pending indefinitely simply because an applicant is from one of the designated countries. However, normal processing times and requests for additional evidence may still apply.
Does this court ruling apply to all immigrants?
No. The decision only affects specific USCIS policies that delayed immigration benefit applications filed inside the United States. It does not automatically change every immigration case, and it does not apply to all applicants. Whether the ruling affects your case depends on your individual circumstances.
Does this decision end the travel ban?
No. The Rhode Island federal court decision does not end the travel restrictions or the Department of State's separate suspension of immigrant visa processing for certain countries. The ruling only addresses USCIS policies involving immigration benefit applications processed within the United States.
Is the Rhode Island federal court decision final?
Not yet. The federal government has appealed the decision, and the case is currently pending before the U.S. Court of Appeals. Although USCIS has announced that it is following the district court's ruling for now, the legal situation could change depending on the outcome of the appeal.
Conclusion
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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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