USCIS Must Keep Processing: Court Rejects Government’s Bid to Pause the 39-Country Ruling

The order requiring USCIS to keep adjudicating cases for nationals of the 39 previously affected countries remains firmly in place. On July 15, 2026, Chief Judge John McConnell of the U.S. District Court for the District of Rhode Island denied the government’s request to pause his own June 5 ruling while the case is appealed. That means the four USCIS policies the court struck down back in June stay vacated, and USCIS must continue processing green cards, work permits, naturalization applications, and asylum decisions for affected applicants without regard to nationality-based holds.

The government had argued that keeping the June 5 ruling in effect while its appeal moves forward put national security screening at risk. Judge McConnell was not persuaded. According to reporting on the hearing, he pointed out that the government waited roughly a month after his original ruling before asking him to pause it, and asked its attorney directly why, if national security truly were at stake, the request hadn’t come immediately. The court concluded the government was unlikely to succeed on appeal and that the public interest favored letting adjudications continue rather than reinstating the pause.

This is a meaningful update for anyone who has been tracking this case since June, because it removes the uncertainty that comes with a ruling under active appeal. Practically speaking, an applicant from one of the 39 countries whose case had been frozen under the vacated policies should be having their application processed normally right now, not waiting on a decision that could evaporate the moment the government wins on appeal. The Rhode Island court’s docket even reflects concrete movement, including at least one report of Dorcas International’s own clients being scheduled for a citizenship oath ceremony.

None of this closes out the case. The government has already filed its notice of appeal, and that appeal is now pending before the First Circuit. If the government ultimately succeeds there, the underlying policies could theoretically come back. For now, though, USCIS has no legal basis to reinstate the holds, and applicants affected by the original freeze should be seeing real forward movement on their cases.

Anyone whose case has not shown movement despite this ruling, or who received an unusual request for evidence or delay that seems tied to the now-vacated policies, should raise the issue with an immigration attorney rather than assume nothing can be done. The court’s order applies broadly, not just to the organizations that brought the case, and continuing delays are worth pushing back on.

Frequently Asked Questions

What did the court decide on July 15?

The court denied the government’s request to pause its June 5 ruling while an appeal proceeds, meaning the four vacated USCIS policies remain struck down and unenforceable for now.

Does this mean the case is over?

No. The government has appealed to the First Circuit, and that appeal is still pending. This ruling only addresses whether the original order stays in effect while that appeal plays out.

Should my case be moving forward again if I’m from one of the 39 countries?

Yes. USCIS is required to adjudicate applications normally right now, without the nationality-based holds the court vacated in June.

What if my case still isn’t moving despite this ruling?

Speak with an immigration attorney. The court’s order is broad and not limited to the plaintiff organizations, so continued delays tied to the vacated policies are worth raising.

Could the freeze come back?

It’s possible if the government ultimately wins its appeal at the First Circuit, but that has not happened, and the court found the government unlikely to succeed.

If your case has been affected by the USCIS holds tied to this litigation, our attorneys can help you understand where things currently stand.

If you or your family members have questions about how this ruling or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.

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