US Court Strikes Down USCIS Freeze Affecting 39 Countries

On June 5, 2026, a US federal court gave breathing room back to thousands of immigrants from 39 countries whose green card, naturalization, and work authorization applications had simply stalled inside USCIS. Chief Judge John J. McConnell Jr. of the US District Court for the District of Rhode Island declared four internal policies that had frozen these decisions unlawful and vacated them nationwide. The order does not undo the visa ban at consulates, but it reopens the queue for those already living in the United States who were awaiting a response.

What the ruling actually changes

The case is Dorcas International Institute of Rhode Island v. USCIS, decided in a 135-page ruling. The court struck down four policies that had suspended the review of benefits for nationals of the listed countries: the general benefits freeze, the global asylum freeze, the comprehensive re-review policy, and the country-specific factors policy. All were vacated with nationwide effect.

In practice, USCIS is once again adjudicating adjustment of status applications, work authorizations, naturalization, and asylum for those inside US territory. The judge found that the agency exceeded its authority, failed to adequately explain the change in course, and used national security concerns as a pretext.

The proclamation behind the block

The restriction originated from Presidential Proclamation 10998, signed in December 2025 and in effect since January 1, 2026. It expanded the list of banned countries from 19 to 39 and served as the basis for USCIS to internally pause the adjudication of benefits, something that went beyond what the proclamation called for, and it was precisely that overreach that the court found unlawful.

The 39 countries and the two tiers

The proclamation divides the affected countries into two groups, with different degrees of consular restriction.

Full suspension of visa issuance, 19 countries:

• Afghanistan, Burkina Faso, Myanmar, Chad, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Republic of the Congo, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen

Partial suspension of visa issuance, 20 countries:

• Angola, Antigua and Barbuda, Benin, Burundi, Cote d’Ivoire, Cuba, Dominica, Gabon, Malawi, Mauritania, Nigeria, Senegal, Tanzania, The Gambia, Togo, Tonga, Turkmenistan, Venezuela, Zambia, and Zimbabwe

Those inside the US return to the queue

For those who filed a green card, naturalization, or work authorization application inside the United States, USCIS is resuming review. It’s important to have realistic timeline expectations: thousands of cases were backlogged for months, and that buildup tends to stretch response times even with the queue reopened. Adjustment of status applications stalled by the freeze should start moving again without the need to refile.

Impact on green card applications

For those who applied for permanent residence through adjustment of status, the ruling means the process can resume from the point where it stalled. The same applies to work authorizations and naturalization applications that depended solely on the suspended adjudication. The practical recommendation is to check the case status and keep all filing receipts, since the backlogged volume may cause occasional delays in communication.

Asylum was also stalled

One of the vacated policies specifically halted asylum applications from nationals of the listed countries. With the ruling, these cases can once again be reviewed. Since asylum cases often involve sensitive deadlines and hearings, anyone with a pending case through this path should closely monitor any notice and keep supporting documentation organized.

The consular ban remains in place

The court ruling did not touch the proclamation itself. Nationals of the 39 countries remain barred from obtaining tourist, student, or immigrant visas through consular processing abroad, with limited exceptions for work visas for some of the 20 countries under partial restriction. In other words, those who depend on an embassy interview remain blocked; it is those already on US soil who benefited.

What to do amid the backlog

Applicants with pending cases should keep their address and contact information updated with USCIS, respond promptly to any request for evidence, and keep filing receipts on hand. Rulings like this one can be appealed, and the regulatory landscape around the proclamation continues to evolve, so following official sources is the safest way to avoid being caught off guard by another twist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.