In a clear rebuke of the Trump administration’s immigration enforcement posture, U.S. District Court Chief Judge John J. McConnell Jr. on Friday ruled illegal a set of U.S. Citizenship and Immigration Services (USCIS) directives that had indefinitely suspended the processing of immigration benefit applications for nationals of 39 countries designated under the president’s expanded travel ban.
The ruling, filed in the District of Rhode Island as Dorcas International Institute of Rhode Island et al. v. USCIS et al., is effective immediately.
In the 35-page memorandum and order, Judge McConnell said that these policies “threw the lives of countless immigrants living in the United States into indeterminate legal limbo.”
As a result, USCIS must resume or begin processing green cards, including EB-5 visas, work permits, asylum determinations, and naturalization applications, for nationals of these countries without discrimination based on nationality. It opens the door for pending immigration cases to resume adjudication, cases that had been on hold since late 2025 following a deadly attack on National Guard members in Washington, D.C.
However, this timeframe depends on how long the U.S. government delays enforcement of the court ruling, as it is expected to challenge the decision and may seek a pause pending the outcome of the appeal.
Notably, the ruling does not cancel the travel ban; it only affects the USCIS processing freezes affecting nationals from these countries already in the United States.
Judge found USCIS acted unlawfully
Judge McConnell found that USCIS acted unlawfully on multiple grounds under the Administrative Procedure Act (APA): claiming statutory authority it does not possess, issuing decisions without the required reasoned explanations, failing to account for applicants’ reliance interests, and using pretextual national security justifications to mask anti-immigrant policy preferences.
“Today’s court order means that being from a travel ban country should no longer subject foreign nationals to a USCIS adjudications hold or to review of previous USCIS approvals, Fragomen told clients in a note.
The lawsuit was brought by a coalition of immigrant service organizations and labor unions, including Dorcas International Institute of Rhode Island, Refugee Dream Center, SEIU, and United Auto Workers. Democratic Forward served as legal counsel.
“These unlawful policies caused enormous harm to families, workers, asylum seekers, and communities across the country who were left in limbo, unable to work, access protections, or move forward with their lives,” said Skye Perryman, President and CEO of Democracy Forward, in a press release. “We are pleased that the court recognized the devastating human consequences of these policies.”
What the ruling means for EB-5 investors
The ruling is most immediately relevant to beneficiaries from countries on the travel ban list who are seeking lawful permanent residence while already in the U.S., including those who have progressed through EB-5 adjudication pipelines.
Any EB-5 petitioner or derivative beneficiary from an affected country whose I-526E, I-485, or naturalization application was frozen by USCIS’s pause policy may now expect their case to resume active adjudication.
However, the case is expected to continue. The U.S. government has 60 days to file an appeal, which could lead to the U.S. Court of Appeals, and potentially to the U.S. Supreme Court.
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