September 16, 2026
Issue: General Immigration
Update on Challenge to Trump Administration’s USCIS Policies
A coalition of immigrant service organizations and labor unions filed a lawsuit on March 5, 2026, challenging a series of sweeping new discriminatory policies by the U.S. Citizenship and Immigration Services (USCIS) that shut down large portions of the legal immigration system for many people already living in the United States. The policies include: (1) a nationwide halt on asylum adjudications, (2) an indefinite freeze on immigration benefit applications for people from the 39 countries subject to the Trump-Vance administration’s travel ban, (3) a sweeping re-review of previously approved immigration benefits for individuals from the 39 countries who entered the United States on or after January 20, 2021, and (4) new guidance instructing immigration officials to discriminate against applicants based on their country of origin when deciding discretionary benefits.
On June 5, in a victory for immigrant communities and the rule of law, a federal court canceled (legally known as “vacated”) and declared unlawful the challenged policies. On June 12, the government appealed this decision to the First Circuit and asked the First Circuit to pause (legally known as “stay”) the lower court’s order while the appeal is ongoing. On August 14, the First Circuit denied in part and granted in part the government’s request to stay the lower court’s order – leaving in place the lower court’s order vacating all of the challenged policies except the re-review policy while the appeal proceeds. The appeal is ongoing.
Plaintiffs in the case include Dorcas International Institute of Rhode Island, Refugee Dream Center, Service Employees International Union (SEIU), International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), African Communities Together (ACT), Venezuelan Association of Massachusetts (VAM), Partnership for the Advancement of New Americans (PANA), and American Gateways. The organizations are represented by Muslim Advocates, Democracy Forward, Lawyers’ Committee for Rhode Island, Refugee and Immigrant Center for Education and Legal Services (RAICES), and South Asian American Justice Collaborative (SAAJCO).