Chief Judge John J. McConnell Jr. granted summary judgment against USCIS, declaring four recent agency policies unlawful and vacating them nationwide, marking a major court-ordered DHS policy reversal in 2026.
A federal court has dealt a significant blow to recent U.S. Citizenship and Immigration Services (USCIS) policy changes. Chief Judge John J. McConnell Jr. granted summary judgment in favor of the plaintiffs in Dorcas International Institute of Rhode Island v. United States Citizenship and Immigration Services (1:26-cv-00132), vacating multiple USCIS memos as unlawful.
The court struck down four specific policies: the Global Asylum Hold Policy, the Benefits Hold Policy, the Comprehensive Re-Review Policy, and the Country-Specific Factors Policy. All four were declared unlawful and vacated on a nationwide basis, meaning they cannot be enforced anywhere in the United States.
This ruling carries broad implications for immigration applicants across all visa categories, including EB-3 employment-based applicants. Policies like the Benefits Hold and Comprehensive Re-Review Policy had the potential to delay or complicate the adjudication of pending green card petitions and adjustment of status applications.
Applicants who may have experienced delays or adverse actions under these now-vacated policies should consult with an immigration attorney to assess whether they are entitled to reconsideration or expedited processing. USCIS will be required to comply with the court's nationwide injunction.
This development represents one of the most significant judicial checks on USCIS administrative authority in recent years. EB-3 applicants and their sponsors should monitor official USCIS announcements for guidance on how the agency will implement the court's order going forward.
USCIS issued Policy Memo PM-602-1099 on May 21, 2026, signaling stricter scrutiny of Adjustment of Status applications. Some applicants may be required to pursue consular processing abroad instead of completing the green card process within the U.S.
A federal court has struck down a USCIS adjudication pause that had halted case processing for nationals of 39 countries, marking a significant DHS green card policy reversal in 2026.
A federal ruling in Dorcas vs. USCIS challenges an administrative green card freeze affecting nationals from 19 countries, created by USCIS officials — not directly by Trump — which changes the legal and political calculus for the agency's defense.