USCISJDSupra Immigration · 3 min read
Court Blocks Trump's 39-Country Immigration Ban: USCIS Must Resume Green Card & EAD Processing
A federal court in Rhode Island vacated USCIS's freeze on green cards, work permits, and other benefits for applicants from 39 'high-risk' countries on June 5, 2026, ruling the policies violated the Administrative Procedure Act.
On June 5, 2026, Chief Judge John J. McConnell, Jr. of the U.S. District Court for the District of Rhode Island issued a landmark ruling in Dorcas International Institute of Rhode Island v. USCIS, vacating and setting aside USCIS's freeze on immigration benefit adjudications for nationals of 39 countries designated as 'high risk' by the administration, as well as individuals with Palestinian Authority-issued travel documents.
The court struck down four interconnected USCIS policies: the adjudication benefits hold, a global asylum hold, a comprehensive re-review policy for previously approved applications filed by nationals of travel-ban countries who entered the U.S. on or after January 20, 2021, and a 'country-specific factors' policy that treated national origin as a negative discretionary factor. The court found each policy violated the Administrative Procedure Act, deeming them arbitrary and capricious due to lack of reasoned explanation, failure to account for reliance interests, and pretextual justification.
For EB-3 applicants and employers from the affected countries, the ruling is significant. Stalled Forms I-485 (Adjustment of Status), I-765 (Employment Authorization Document), and I-129 petitions may now move forward. The court explicitly acknowledged the hardship caused by the freeze, noting that many individuals were left without legal work authorization or valid immigration status for an extended period.
However, practical resumption of adjudications remains uncertain. As a district court decision, the government retains the right to appeal or seek a stay of the order pending appeal. Any movement on affected cases is contingent on whether the government pursues further legal action and how USCIS operationally implements the order.
Employers sponsoring workers from the 39 affected countries should closely monitor developments, including any government motion for a stay or notice of appeal. Consulting with immigration counsel to assess individual case impacts is strongly advised.