Immigration Update: Federal Court Decision on USCIS Adjudication Hold Policies
Overview
The University of Pennsylvania’s International Student and Scholar Services (ISSS) is
monitoring significant developments involving a recent federal court decision affecting
certain U.S. Citizenship and Immigration Services (USCIS) adjudication policies.
On June 5, 2026, Chief Judge John J. McConnell Jr. of the U.S. District Court for the District
of Rhode Island ruled that four USCIS policies were unlawful and ordered that they be
vacated nationwide. The court found that the policies violated the Administrative
Procedure Act (APA) and exceeded the agency’s statutory authority.
The challenged policies had suspended, delayed, or subjected certain immigration benefit
applications to additional review based on an applicant’s country of birth or nationality.
The policies primarily affected individuals from countries subject to the Administration’s
travel restrictions
Policies Vacated by the Court
The court vacated four USCIS policies:
- Benefits Hold Policy – suspended adjudication of certain immigration benefit applications, including employment authorization, adjustment of status, naturalization, and other immigration benefits.
- Global Asylum Hold Policy – paused adjudication of certain asylum-related
applications. - Comprehensive Re-Review Policy – required re-review of previously approved
immigration benefits in certain cases. - Country-Specific Factors Policy – instructed adjudicators to treat nationality from
designated countries as a negative factor in discretionary immigration decisions
Subsequent Developments
Since the June 5 ruling, several important developments have occurred:
June 11, 2026
Judge McConnell issued a follow-up order clarifying that the challenged policies were
immediately void, “vacated,” and “set aside,” and directed the government to report on
implementation of the court’s order.
June 12, 2026
The federal government appealed the decision to the U.S. Court of Appeals for the First
Circuit.
Also on June 12, USCIS publicly stated that although it disagrees with the court’s ruling, it
would comply with the order and discontinue enforcement of the challenged policy
memoranda while appellate proceedings continue.
Current Status
As of June 16, 2026, there is no indication that a stay has been granted. Accordingly, the
district court’s ruling remains in effect while the appeal proceeds, and USCIS has indicated
that it is implementing the court’s order.
Potential Implications for the Penn Community
This development may be relevant to a limited number of Penn international students,
scholars, employees, and family members whose immigration benefit applications may
have been affected by the challenged policies.
Potential impacts may include:
- Resumption of adjudication for certain pending employment authorization applications, including some OPT-related cases.
- Movement on previously delayed adjustment-of-status (green card) applications.
- Progress on certain naturalization, employment authorization, and other USCIS
benefit requests. - Reduced delays for some Penn departments and hiring units awaiting immigration related approvals.
Important Limitations
While the ruling is generally favorable for affected applicants, several important
considerations remain:
- The decision does not automatically approve pending applications.
- USCIS processing backlogs remain significant.
- The federal government’s appeal remains active.
- Additional court actions could affect implementation of the ruling.
- The decision does not invalidate the underlying travel-ban proclamations or other
separate immigration restrictions; it addresses USCIS adjudication-hold policies
only.
ISSS Guidance
Since the Court’s June 5 ruling, USCIS has confirmed that it will comply with the order and
discontinue enforcement of the challenged adjudication-hold policies while the
government’s appeal is pending. However, because appellate proceedings remain
ongoing, Penn community members should continue to monitor developments and
consult ISSS regarding case-specific questions.
Students, scholars, employees, and departments should continue following existing
immigration guidance and should not make significant immigration, employment, or travel
decisions based solely on this development without first evaluating their individual
circumstances.
ISSS will continue to monitor developments closely and provide updates as additional
information becomes available.
For questions regarding specific immigration matters, please contact your ISSS advisor or
the appropriate ISSS team member.
This advisory is provided for informational purposes only and does not
constitute legal advice. Immigration regulations and agency guidance
may change, and individuals should consult ISSS regarding specific
circumstances.