115,454 Green card applications by asylees and refugees frozen under the USCIS hold policies, per a FOIA request by the American Immigration Council.
What USCIS Did
Starting in early 2025, USCIS issued four internal “hold” and re-review policies that stopped processing immigration benefits for two groups: nationals of countries covered by Trump’s travel-ban proclamations, and asylum applicants from every country.
The policies were never published as formal rules. USCIS issued them as internal guidance, which meant no public notice, no comment period, and no right of appeal for people whose cases were stopped cold.
Thirty-nine countries’ nationals were subject to the freeze. For the 115,454 people with pending green card applications from asylee and refugee categories, the freeze meant years of waiting with no forward path. Asylum seekers worldwide faced re-review requirements that effectively paused their cases indefinitely.
What the Court Found
On June 5, 2026, Chief Judge John J. McConnell, Jr. of the U.S. District Court in Rhode Island issued a 135-page ruling vacating all four policies.
The court found each policy arbitrary and capricious under the Administrative Procedure Act. The government had argued that Trump’s travel-ban proclamations gave USCIS authority to freeze benefits for nationals of those countries.
The court rejected that directly: the travel ban governs entry into the United States, not benefit adjudication. USCIS was treating a presidential proclamation as legal authority it did not actually provide.
The ruling is a nationwide vacatur. USCIS must resume processing the frozen applications.
What This Changes and What It Does Not
A vacatur requires USCIS to process cases it stopped. It does not guarantee outcomes, and it does not repair the months of delay.
Cases that were frozen now move into a system with a 3.8 million case backlog. The green card adjustment ban issued in May 2026 added more cases to an already strained pipeline. People who waited during the freeze now wait in a longer line.
Sixty lawsuits challenging other USCIS pause policies remain active. This ruling addresses four specific policies. The administration has shown willingness to develop new legal theories when courts reject the old ones.
What You Can Do
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If your case was frozen, contact an immigration attorney now. The vacatur means USCIS must act, but legal representation significantly improves outcomes. The American Immigration Lawyers Association maintains a lawyer directory.
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Support immigration legal aid. This ruling was won by attorneys who filed 64 separate lawsuits against the pause policies. That legal infrastructure needs ongoing funding. Send a letter supporting immigration legal aid →
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Follow the remaining litigation. Sixty active lawsuits continue to challenge other USCIS enforcement practices. The National Immigration Law Center tracks open cases.
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Read the Immigration and Detention hub for the full picture of enforcement and policy changes since January 2025.