The United States Citizenship and Immigration Services (USCIS) announced on Friday that it will officially end the immigration pause, adhering to the 24-hour deadline set by federal judge John J. McConnell Jr. from the District of Rhode Island on Thursday, the 11th. Immigration attorney Liudmila Marcelo provided a detailed explanation of what this decision entails and, importantly, what it does not.
USCIS's Stance and Legal Implications
Marcelo noted that USCIS openly expressed its disagreement with the judge's ruling. "They do not agree with the judge's decision and are considering other legal options, which likely means an appeal, but they are committed to complying with the judge's order," she stated.
The agency may appeal to a higher court, a move Marcelo believes is possible but unlikely to succeed. "The judge's order is strong and well-founded, so while they might attempt it, the chances of success seem slim," she added.
Immediate Effects vs. Long-Term Solutions
Marcelo emphasized that regardless of any potential appeals, USCIS is now mandated to take action. "The critical aspect is that they must lift the pause and process pending cases," she highlighted.
However, Marcelo cautioned that this does not translate into an immediate resolution. "This does not mean it will be quick or immediate, as cases were already pending for over three years before the pause," she noted.
Additionally, this change does not guarantee automatic approvals. "It doesn't mean everyone will be granted residency; it means decisions will be made. Outcomes could vary from approvals, denials, or interview notices, and we must wait for those results," Marcelo explained.
Background and Broader Impact
The immigration pause, initiated on December 2, 2025, halted processes such as affirmative asylum, status adjustments, work permits, and naturalization for nationals from 39 countries affected by the Trump administration's travel ban.
Judge McConnell's ruling, issued on Thursday, June 5, spans 135 pages and declared four USCIS internal policies illegal: the Benefits Hold, Global Asylum Hold, Comprehensive Re-Review, and Country-Specific Factors policy. The judge was unequivocal: non-compliance is not an option.
It's crucial to understand that the ruling does not lift the travel ban itself, but rather affects USCIS's internal adjudication policies. The beneficiaries are those already in the U.S. with pending status adjustment or affirmative asylum cases, not those applying for visas from abroad.
Next Steps for Affected Individuals
Marcelo predicted that "appointments could start as early as Monday," though she warned that interviews will be more stringent than before the pause, and USCIS does not coordinate with applicants regarding availability when scheduling.
She also acknowledged the impact on legal teams. "There's going to be a flood of work, as we have many pending status adjustments and may receive numerous interview requests," Marcelo noted.
Marcelo concluded with a clear message: "It's now official that the pause is lifted. We await further implementation steps and publications, but it's confirmed and applies nationwide."
Understanding the Impact of USCIS's Decision
What does the lifting of the immigration pause mean for pending cases?
The lifting of the immigration pause means that USCIS must resume processing pending cases, including those for affirmative asylum and status adjustments. However, this does not guarantee quick or automatic approvals.
Will the USCIS decision affect the travel ban?
No, the USCIS ruling does not affect the travel ban itself. It only impacts internal adjudication policies within USCIS, benefiting those already in the U.S. with pending cases.