Federal Judge Strikes Down 39-Country Immigration Freeze Nationwide
Federal Court Invalidates the 39-Country Immigration Freeze
Yesterday, in a case brought by a coalition of unions and immigrant rights groups, a U.S. district court judge in Rhode Island vacated the Trump Administration’s 39-country immigration hold, finding that the policies violate federal law. Judge J. McConnell, Jr., the Chief Judge of the U.S. District Court of the District of Rhode Island, wrote that “USCIS’s hold on adjudications cannot be attributed to anything that these individuals did wrong; rather, it arises solely by the happenstance of their birth.”
What Immigration Policies Were Struck Down?
Readers could be forgiven if they are confused about the multiple barriers the second Trump Administration has enacted to keep immigrants from pursuing legal pathways to a life in the United States.
The four specific measures struck down yesterday were policies enacted in the wake of a January 20, 2025 Executive Order and two Presidential Proclamations—one issued on June 4, 2025 and the other on December 16, 2025—that placed a global hold on the processing of asylum applications and an indefinite pause on the processing of visas for immigrants from 39 countries based on alleged national security concerns.
As Judge McConnell wrote, these policies together have thrown “the lives of countless immigrants living in the United States into indeterminate legal limbo,” preventing them obtaining work permits, benefits, green cards, and citizenship.
Judge McConnell Criticizes the Administration’s Justification
As yesterday’s opinion notes, the 39 countries in question are “African, Asian, Latin American, and Middle Eastern.” White European countries are notably excluded from the list. Judge McConnell did not mince words about the motivations for these policies, finding that the Administration “justifies its actions with pretextual concerns of ‘national security’ that mask anti-immigrant sentiments that it is forbidden from letting influence its decision-making.”
The opinion quotes social media posts from President Trump that claim most immigrants are “are on welfare, from failed nations, or from prisons, mental institutions, gangs, or drug cartels” and from then-Homeland Security Secretary Kristi Noem that describe immigrants as “killers, leeches, and entitlement junkies.” (In reality, most immigrants are ineligible for federal benefits and immigrants commit fewer crimes than those born in the United States.)
What the Decision Means for Immigrants
The four specific policies in question have now been vacated nationwide. This latest change in the law underscores the importance of having an experienced advocate by your side while navigating our complex and unforgiving immigration system. The attorneys at Benach Pitney Reilly LLP stand ready to help or your loved ones in this process. If you need assistance with an immigration case, please contact us.