
On June 5, 2026, the United States District Court for the District of Rhode Island issued a significant decision declaring unlawful several USCIS policies that had placed indefinite holds on immigration benefit applications filed by individuals from certain countries.
The court ruled that USCIS exceeded its legal authority by refusing to adjudicate applications based solely on an applicant’s country of birth and ordered that these policies be vacated and set aside.
What Were the Challenged Policies?
USCIS had implemented several policies that affected applicants from countries designated as “high-risk” or subject to travel restrictions. These policies included:
1. Benefits Hold Policy
USCIS stopped issuing final decisions on many applications, including:
- Adjustment of Status (Green Cards)
- Employment Authorization Documents (Work Permits)
- Naturalization Applications
- Other immigration benefits
Many applicants remained in limbo for months without receiving an approval or denial.
2. Global Asylum Hold Policy
USCIS broadly paused adjudication of asylum and withholding applications while conducting additional reviews.
3. Comprehensive Re-Review Policy
USCIS also began reexamining previously approved cases involving individuals from designated countries.
4. Country-Specific Negative Factors Policy
Adjudicators were instructed to treat an applicant’s country of origin as a significant negative discretionary factor when deciding immigration benefits.
Contact the Law Office of Erika Rodriguez
As a reminder, Erika Rodríguez and Lilia Rodríguez provide immigration services throughout Southern California from their San Diego office, assisting with family immigration, visas, detention cases, deportation hearings, and more. Consultations are $100 and can be scheduled online or by calling the office directly. Please be cautious of scams and only communicate with Erika or Lilia through their official website, Facebook and Instagram pages, or the office phone number, as they only use one official number.
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Why Did the Court Rule Against USCIS?
The court found that USCIS:
- Acted beyond the authority granted by Congress.
- Failed to follow federal administrative law.
- Failed to provide a legally sufficient explanation for its actions.
- Ignored the reliance interests of thousands of applicants who had already complied with immigration requirements.
- Relied on generalized national security concerns that did not justify blanket suspensions of adjudications.
The court emphasized an important principle:
Immigrants who follow the law, submit applications, pay filing fees, attend biometrics appointments, and appear for interviews are entitled to have their cases adjudicated according to the law.
What Does This Mean for Applicants?
This decision is welcome news for many immigrants whose applications have been delayed solely because they were born in certain countries. Potentially affected applications include:
- Adjustment of Status
- Employment Authorization
- Naturalization
- Asylum
- Other discretionary immigration benefits
Applicants who have experienced long delays due to these policies may now have stronger legal arguments to request adjudication of their cases.
Does This Mean Every Case Will Be Approved?
No.
The court did not order USCIS to approve any application. Instead, the decision requires USCIS to process and decide applications according to existing immigration law rather than placing them on an indefinite hold based solely on nationality. Each case will still be evaluated on its individual facts and eligibility requirements.
Is the Decision Effective Immediately?
The court declared the challenged policies unlawful and vacated them. However, the government may:
- Appeal the decision,
- Request a stay pending appeal, or
- Issue new guidance consistent with the court’s ruling.
Applicants should continue monitoring their cases and consult with qualified immigration counsel regarding the impact on their individual circumstances.
Our Recommendation
If your immigration application has been delayed for many months and you are from a country affected by these USCIS policies, this decision may provide an opportunity to seek movement on your case.
Every immigration matter is unique, and the best course of action depends on the specific benefit requested, the procedural posture of the case, and any related removal or immigration proceedings. Our office will continue monitoring developments and advocating for timely adjudication of our clients’ applications as this litigation progresses.
This article is provided for informational purposes only and does not constitute legal advice.