Close shot of a judge with a gavel and paperwork.
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Federal judge vacates USCIS pause on immigration applications for nationals from travel-ban countries

A federal judge has vacated a United States Citizenship and Immigration Services (USCIS) policy that paused the adjudication of immigration benefit requests filed by nationals of countries subject to the administration’s travel ban.

In a June 5 decision, the court found that USCIS exceeded its legal authority in implementing the policy and failed to follow applicable administrative law requirements. According to the opinion, USCIS had “violated the very immigration laws that Congress charged it with administering, as well as the administrative laws that govern the agency’s actions.” The court further concluded that USCIS’s actions were “contrary to law and arbitrary and capricious.”

The pause had been in place since late 2025 and affected immigration benefit requests filed by individuals whose country of birth or citizenship appeared on the administration’s travel-ban list, which includes nationals from 39 countries.

The policy affected virtually all categories of immigration benefits administered by USCIS, including:

  • Green card applications
  • Naturalization petitions
  • Citizenship ceremonies
  • Employment authorization documents (EADs)
  • Other immigration benefits administered by USCIS

The ruling directs USCIS to resume adjudication of affected applications and petitions, although the timing and implementation of any changes remain uncertain.

In addition to vacating the processing pause, the judge also found unlawful the administration’s initiative requiring USCIS to “re-review” certain previously approved applications and benefits involving nationals from affected countries who entered the United States on or after January 20, 2021.

The court further vacated a separate USCIS pause on most asylum-related applications.

What does this mean for employers and applicants?

Employers and foreign nationals whose applications were delayed or placed on hold because of the policy should closely monitor developments.

If the ruling stays in effect, USCIS may begin moving forward with previously paused applications and petitions. Individuals with pending cases may see adjudications resume after months of delay.

However, the legal process may not be over. The Trump administration could appeal the decision or seek a stay of the ruling while appellate proceedings are pending.

Applicants and employers affected by the pause should consult with experienced immigration counsel regarding the potential impact on pending applications, work authorization, green card processes, and other immigration benefits.

The attorneys at Garfinkel Immigration Law Firm continue to monitor the situation closely and will provide updates as additional information becomes available.


As always, please do not hesitate to contact Garfinkel Immigration Law Firm at 704-442-8000 or via email with any questions.

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Please note that the information contained is provided for informational purposes only, and should not be construed as legal advice. We recommend consulting with an attorney to seek legal advice and consider your specific circumstances.

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