Economy April 30, 2026 06:41 PM

Federal Judge Bars USCIS Policies That Halted Processing for Travelers From 39 Nations

Preliminary injunction finds nationality-based treatment unlawful and blocks enforcement for initial plaintiffs

By Avery Klein
Federal Judge Bars USCIS Policies That Halted Processing for Travelers From 39 Nations

A federal judge in Boston issued a preliminary injunction blocking U.S. Citizenship and Immigration Services from enforcing policies that treated nationality as a "significant negative factor" and paused processing of certain immigration applications for people from countries on the administration's travel-ban lists. The ruling, affecting roughly 200 plaintiffs from 20 countries, found the policies likely violate the Immigration and Nationality Act and agency regulations governing asylum, green card and work-authorization decisions.

Key Points

  • A federal judge issued a preliminary injunction finding USCIS policies that treated nationality as a "significant negative factor" are likely unlawful under the Immigration and Nationality Act - sectors affected include immigration services and legal services.
  • The injunction blocks enforcement of the policies for 22 plaintiffs who documented harm and orders the parties to discuss extending the relief to roughly 200 plaintiffs from 20 countries - impacts include visa processing and labor markets reliant on foreign-born workers.
  • The ruling also found that the agency's pause on reviewing asylum, naturalization, green card and work-authorization applications violated statutory and regulatory obligations - this touches government agencies and employers who depend on work authorization decisions.

BOSTON, April 30 - A federal judge on Thursday ruled that a set of U.S. Citizenship and Immigration Services (USCIS) policies that have made it more difficult for nationals of countries on the administration's travel-ban lists to obtain green cards and work permits are discriminatory and unlawful.

U.S. District Judge Julia Kobick issued a preliminary injunction in a suit brought by about 200 individuals from 20 countries, including Iran, Haiti, Venezuela and Syria. The plaintiffs challenged a series of steps taken by USCIS beginning in November that affected applications for asylum, lawful permanent residence and employment authorization.

The litigation, filed in December, centers on a November 2025 USCIS policy that explicitly treated the nationality of applicants from the 39 countries subject to full or partial travel bans as a "significant negative factor" when adjudicating immigration-related requests. After adopting that policy, the agency then placed an effective hold on processing applications from people from those same 39 countries.

Judge Kobick, who was appointed by President Joe Biden, concluded that the plaintiffs were likely to succeed in proving the nationality-based policy violated the Immigration and Nationality Act's prohibition on discrimination based on nationality. The court found that the agency's later decision to pause review of asylum and naturalization applications was "contrary to Congress's command that the agency issue decisions on such applications."

The judge also determined that halting review of green card and work-authorization applications ran afoul of the regulations that govern those processes. As a result, Kobick barred USCIS from applying the challenged policies to 22 plaintiffs who had submitted declarations describing how they were harmed by the agency's actions.

In addition to issuing the injunction for those 22 individuals, the judge instructed the parties to confer on whether the scope of her order should be extended to cover the remainder of the approximately 200 plaintiffs in the case.

The Department of Homeland Security did not respond to a request for comment on the ruling.

Jim Hacking, an attorney representing the plaintiffs, praised the decision. He said the ruling appears to be the first at the national level to address both the "significant negative factor" policy and the related pause in processing applications. Mr. Hacking noted that a handful of other judges have previously ruled against the processing halt in some individual migrants' cases.

In court, Hacking argued that USCIS seeks to make it more difficult for people from the 39 designated countries to obtain immigration benefits, despite there being no congressional authorization for such a nationality-based approach. The judge's preliminary injunction prevents USCIS from enforcing the policies against the specific plaintiffs covered by her order while the litigation proceeds.

The case remains active, with the court's instruction to the parties indicating further litigation over whether broader relief should be granted to the larger group of plaintiffs. The injunction halts enforcement of the challenged policies for the named individuals and frames the next stage of litigation around whether comparable relief should apply to the full set of plaintiffs who brought the suit.

Risks

  • Uncertainty over whether the injunction will be extended to all plaintiffs could prolong disruptions in application processing - potential impacts on employers needing work authorizations and sectors dependent on immigrant labor.
  • Continued litigation leaves the ultimate legal status of the "significant negative factor" policy unresolved, creating ongoing regulatory and compliance uncertainty for immigration adjudications.
  • If the pause on processing remains in any form for broader groups, individuals from the 39 countries could continue to face delays in accessing benefits, which may affect labor supply in sectors that rely on immigrant workers.

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