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Judge Voids USCIS Nationality-Based Rules as Government Holds Off on Implementation

The administration says it will await a final judgment before changing practice, leaving migrants and employers without the immediate relief the court ordered.

Overview

  • U.S. District Judge John J. McConnell Jr. vacated on June 5 policies that paused or re-reviewed asylum, green card, work-permit and naturalization decisions for nationals of 39 countries.
  • Plaintiffs filed an emergency motion on June 10 asking the court to force USCIS to resume processing, saying the agency continues to treat the invalidated rules as operative.
  • As of June 12 plaintiffs report no visible steps to implement the court’s order and say the challenged directives remain posted on government websites.
  • The government says it will comply only after a final judgment and has filed papers seeking clarification and filed an appeal, creating a gap between the court’s ruling and on-the-ground relief.
  • Advocates say the freeze has caused job loss, loss of legal status and financial hardship for affected people from countries such as Afghanistan, Cuba, Haiti, Nigeria, Syria and Venezuela, and legal and operational questions remain about how USCIS will restart adjudications and coordinate with State Department visa pauses.