Judge Rejects USCIS Policies Delaying Asylum, Work Permits, and Green Cards

Court Finds USCIS Exceeded Its Authority by Placing Thousands of Applicants in Legal Limbo

On June 5, 2026, a Federal Judge invalidated several USCIS policies that delayed asylum applications, work permits, green card applications, and other immigration benefits for individuals from 39 designated countries.

The decision is significant for thousands of immigrants whose applications were placed on hold for extended periods, often leaving them unable to work, obtain permanent residence, or move forward with their immigration cases despite having properly filed applications pending before USCIS.

According to the court, USCIS unlawfully delayed or withheld adjudication of applications submitted by individuals from countries subject to various travel restrictions, leaving many applicants in prolonged uncertainty despite having properly filed applications and complied with all legal requirements.

What the Court Said

Chief U.S. District Judge, John McConnell, sharply criticized the policies, finding that they placed immigrants into what he described as “indeterminate legal limbo.”

The court emphasized that affected individuals had followed the legal immigration processes established by Congress and USCIS regulations yet remained unable to obtain decisions on pending applications for months.

The Judge noted that the delays were not based on any conduct by the applicants themselves, but rather on their nationality and country of birth.

The court concluded that USCIS had failed to comply with both federal immigration laws and the administrative procedures governing agency action.

The ruling follows challenges brought by immigrant advocacy organizations, labor groups, and affected applicants who argued that USCIS had unlawfully imposed broad adjudication holds affecting individuals from numerous African, Asian, Latin American, and Middle Eastern countries.

Understanding the Policies at Issue

The challenged policies reportedly resulted in USCIS pausing or delaying decisions on a variety of immigration benefits, including:

• Asylum applications;

• Employment Authorization Documents ('"EADs");

• Adjustment of Status ("Green Cards") applications;

• Naturalization applications; and

• Other immigration benefit requests.

For many applicants, these delays created serious practical consequences. Individuals awaiting work authorization were unable to lawfully work.

Others were unable to move forward with permanent residence applications, reunify with family members, or obtain the security and stability that comes with a final immigration decision.

Why This Decision Matters

The ruling is important not only because of the number of people affected, but because it addresses a broader legal issue:

"Whether federal immigration agencies may suspend or delay adjudications based on generalized concerns tied to nationality rather than individualized review."

U.S. immigration law generally requires USCIS to adjudicate properly filed applications under the standards established by Congress and agency regulations.

While the government retains broad authority to conduct security vetting and investigate concerns in individual cases, federal courts have repeatedly emphasized that agencies cannot simply refuse to process applications indefinitely without legal authority.

The court's decision reinforces the principle that immigration benefits must be adjudicated according to law and that applicants are entitled to fair and consistent treatment regardless of their country of origin.

What This Means for Asylum Seekers and Other Applicants

Individuals whose applications were delayed or affected by these policies may ultimately benefit from the court's ruling if it remains in effect through any appeals process. Potentially affected applicants may include:

• Pending asylum applicants;

• Individuals awaiting employment authorization;

• Green card applicants;

• Naturalization applicants; and

• Certain applicants from countries subject to travel-related restrictions.

  
  

However, immigration litigation often continues beyond the District Court level. The government may seek appellate review, and future court proceedings could affect how and when the ruling is implemented.

For that reason, applicants should continue monitoring their cases closely and consult with experienced immigration counsel regarding the potential impact on their individual circumstances.

Our Perspective

This decision serves as an important reminder that immigration agencies, like all federal agencies, must operate within the limits established by Congress and the Constitution.

Regardless of changing immigration policies from one administration to another, the rule of law requires that applications be adjudicated fairly, consistently, and in accordance with governing statutes and regulations.

When agencies depart from those requirements, federal courts remain an essential check on administrative action.

For immigrants who have spent months or years waiting for decisions on critical applications, this ruling may represent an important step toward restoring access to the immigration processes that Congress intended to be available under the law.

Need Assistance With a Delayed Immigration Case?

If your asylum application, work permit, green card application, or other immigration benefit has been delayed, our firm can evaluate your case and determine whether litigation, mandamus relief, or other legal strategies may be available.

Our attorneys continue to monitor developments in federal immigration litigation and remain committed to helping individuals and families navigate an increasingly complex immigration system.