Immigration

United States | Federal court vacates restrictive USCIS travel ban adjudication policies

Summary

The United States District Court for Rhode Island recently struck down several policy initiatives from the United States Citizenship and Immigration Services (USCIS) that were implemented to slow down immigration processing for noncitizens of certain countries, as a national security initiative.  Although the full implications of the ruling are not yet clear, it is likely that nationals from the affected countries will begin receiving final determinations on applications that have been pending before USCIS.

The detail

Background

In January 2025, the President issued Executive Order 14161, directing enhanced vetting and screening of all noncitizens seeking to enter or already present in the United States, with a particular focus on individuals from countries deemed “security risks.” The Order required senior cabinet officials to identify countries with inadequate screening systems that could justify restrictions on entry under existing immigration law. Based on this review, the President issued two proclamations: the first restricting entry of foreign nationals from nineteen countries, and the second expanding the list to thirty‑nine nations (These nations are collectively referred to as the “Travel Ban Countries”).

Following these actions, two high-profile security incidents involving noncitizens shaped subsequent policy decisions. In June 2025, one individual pleaded guilty to planning a terrorist attack. In November 2025, another individual allegedly carried out a shooting targeting National Guard members in Washington, D.C.

These events heightened concerns about national security and the effectiveness of existing immigration screening processes.

In response, USCIS implemented policy changes through four memoranda.  These policy memoranda implemented the following changes:

1. Paused (“held”) processing of immigration benefits (e.g., green cards, work permits, citizenship) for noncitizens of the 39 Travel Ban Countries
2. Stopped all asylum adjudications (globally)
3. Re-opened previously approved cases for re-review for noncitizens from the Travel Ban Countries, including prior green card and naturalization approvals
4. Directed officers to treat nationality (from certain countries) as a negative factor in adjudication of applications that require USCIS’s favorable exercise of discretion for approval

The agency justified these measures as necessary to prevent potential security threats, emphasizing that stronger vetting and more cautious adjudication were needed to protect public safety following the cited incidents.

The ruling

After these policies were enacted, several organizations sued USCIS in the Federal District Court of Rhode Island in Dorcas International Institute of Rhode Island v. USCIS.  The plaintiffs asserted that the government exceeded its legal authority by implementing a framework that effectively resulted in discrimination based on country of origin.

On June 5, 2026, the court struck down the policy memoranda on grounds that USCIS exceeded its authority and violated governing immigration law. Accordingly, the court vacated and set aside all four memoranda and held the following:

1. Global Asylum Hold Policy: USCIS cannot pause adjudication of all asylum applications.
2. Benefits Hold Policy: USCIS cannot place indefinite holds on immigration benefits (e.g., green cards, work permits, naturalization) for individuals from designated countries.  Furthermore, it found that the agency cannot refuse to adjudicate applications based solely on an applicant’s nationality.
3. Comprehensive Re‑Review Policy: USCIS cannot systematically re-open and re-review already approved applications for certain nationals (e.g., those from travel‑ban countries).
4. Country‑Specific Factors Policy: USCIS cannot treat a person’s nationality as a negative factor when exercising discretion in adjudications.

Key takeaway

As a result of this ruling, it is anticipated that USCIS will resume the adjudication of cases that were held in processing due to the recent policy decisions.  It is unclear how quickly USCIS can resume processing of previously held cases.  Additionally, it is unclear if USCIS will appeal the decision.

Vialto will continue to monitor the situation and provide updates as they become available.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Manish Daftari
Partner

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