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By Dan Gooding
Associate News Editor
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The Trump administration must unpause green-card applications for dozens of immigrants originally from countries on the current travel ban list, potentially giving others affected by the ban a chance to get their cases heard, federal judges ruled this week.
In two cases, representing more than 250 immigrants already in the U.S., judges in Maryland and Massachusetts disagreed with a U.S. Citizenship and Immigration Services (USCIS) policy pausing applications from all immigrants from the 39 countries that have total travel bans or restrictions on new visas issued by the State Department.
The latest ruling on Thursday could see around 200 immigrants—of whom more than half are from Iran—see their cases move forward, after USCIS' originally temporary policy was criticized by Massachusetts District Judge Julia Kobick, who said that "at a certain point, an agency’s ongoing characterization of its action as 'temporary' rings hollow."
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Why the Ruling Matters
Pauses in immigration applications are not a new phenomenon, with similar processing delays seen during the COVID-19 pandemic in 2020 through 2021, leaving thousands of immigrants and potential immigrants waiting. Lawsuits followed then, and the Trump and Biden administrations were also forced to restart cases.
The current travel ban applies to immigrants and visitors from 39 countries, but it was framed as a way to prevent new arrivals over security concerns. U.S. policy is that the State Department decides on those applications, rather than DHS, and this left immigrants in the country already in limbo, concerned that if they left, they would not be able to return.
A campaign tracking the pause, called Project Press Unpause, estimates USCIS had collected over $1 billion in fees from over 2 million applications it was not processing.
"This sends a clear message that this policy is arbitrary and capricious. Most of us have been in the country for 5+ years with no issues with the law, dedicated tax payers and were even granted national interest waivers because of the work that we do," a Project Press Unpause spokesperson, who gave their name as Lavida, told Newsweek on Monday.
"We are legal immigrants (the kind of immigrants this administration claims to only want), have contributed positively to the US economy but are now placed under an indefinite hold because of our country of birth—something we cannot control."
Why Did USCIS Pause Green Card Applications?
The presidential proclamations at issue—the original and then expanded travel bans—were issued under the Immigration and Nationality Act (INA) and were framed as entry restrictions—that is, limits on who may enter the United States from designated “Countries of Identified Concern.”
USCIS took this as applying to the agency, issuing policy memos which imposed indefinite holds on adjudicating green card applications solely based on where applicants were born—i.e., the affected 39 countries.
Both judges took issue with the government policies, particularly the indefinite nature of a pause, which was meant to be temporary, as well as the agency using nationality as a basis for halting applications.
What Did the Judges Rule?
“USCIS does not have discretion to decide not to adjudicate at all," Maryland District Judge George L. Russell III wrote in a 39-page ruling published Monday, finding that the USCIS policy amounted to an unlawful, categorical and indefinite pause on green card applications.
“There is no indication that USCIS meaningfully considered the consequences of throwing thousands of benefit applicants into indefinite limbo and perpetual uncertainty about whether they will be granted asylum, become a United States citizen, receive work authorization, or obtain a green card," Kobick said Thursday, adding to the criticism of the USCIS policy.
Russell also wrote that many plaintiffs, “have already been admitted to the United States, some for years or over a decade,” and had maintained lawful status.
Press Unpause emphasized this, telling Newsweek that many affected immigrants "have contributed significantly to scientific and medical research that serves the interests of the U.S. and its citizens."
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Both judges rejected the government’s argument that courts lack authority to review the freeze, explaining that while immigration officials have discretion in how they decide cases, they do not have the power to indefinitely refuse to decide them. Unlike routine delays caused by visa backlogs, the court said USCIS has a legal obligation to process applications within a reasonable time.
Russell and Kobick ordered USCIS to restart work on the plaintiffs’ green card applications but declined to require decisions within 30 days, noting that the cases were at very different stages and some would reasonably take longer to complete.
The ruling effectively rolls back the policy to the way things worked before the freeze, allowing applications to proceed normally. However, it does not guarantee that any applicant will be approved or denied—it only requires that USCIS make a decision.
Reacting to the news Monday, a USCIS spokesperson told Newsweek: “USCIS has paused all adjudications for aliens from high-risk countries while USCIS works to ensure that all aliens from these countries are vetted and screened to the maximum degree possible. The pause will allow for a comprehensive examination of all pending benefit requests for aliens from the designated high-risk countries. The safety of the American people always come first.”
Trump Admin Has Cut Green Card Approvals
Recent analysis by libertarian think tank Cato Institute found that approvals for lawful permanent residence have fallen across most categories over the past year, excluding employment-based visas, with overall green card grants dropping by roughly half from earlier levels under President Donald Trump.
Family-based green card approvals fell 54 percent between July 2025 and January 2026, while total approvals in January 2026 were 22 percent lower than in January 2025, according to the analysis. Family-sponsored green card approvals were 30,699 in January 2025 when Trump returned to office, rose to 52,181 in July 2025 after Joseph Edlow was confirmed as head of USCIS, and then plummeted to 23,847 in January 2026, the report said.
The report also found that some humanitarian categories saw steep reductions, including refugee admissions and Cuban adjustment cases. During the same period, U.S. Immigration and Customs Enforcement (ICE) arrests of Cuban parolees rose 463 percent, coinciding with what the analysis described as a near shutdown in Cuban green card approvals.
The cuts speak to a wider effort by DHS to more heavily scrutinize applications and be more selective when it comes to approvals, having accused the Biden administration of being too lax.
Who Is Impacted By The Rulings?
For immigrants who were not plaintiffs, USCIS can technically continue applying its hold for now.
In the Massachusetts case, up to 200 plaintiffs could benefit once they all provide enough details to the court.
The injunctions do not force the agency to lift the freeze across the board or immediately restart all stalled green‑card applications, but there are a handful of similar cases also challenging the pause. These could benefit from Russell's ruling, because he said that an indefinite and categorical pause was unlawful.
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