Afghanistan Peace Campaign
A U.S. federal judge has struck down four U.S. Citizenship and Immigration Services (USCIS) policies that delayed or subjected immigration benefit applications filed by nationals of Afghanistan and 38 other countries to heightened scrutiny, ruling that the agency exceeded its legal authority under federal administrative law.
The decision follows a ruling that also rejected the U.S. government’s request to pause the judgment while it pursues an appeal. According to AfghanEvac on 15 July, USCIS has already resumed processing immigration benefit applications that had been placed on hold under the now-vacated policies.
The ruling, issued under the Administrative Procedure Act (APA), found that USCIS acted beyond the authority granted by Congress when it implemented policies that paused adjudications, suspended certain asylum decisions, required previously approved cases to undergo additional review, and instructed immigration officers to treat nationality from designated countries as a significant negative factor in discretionary decisions.
The court vacated four agency policies: the Benefits Hold Policy, which prevented final decisions on many immigration applications; the Global Asylum Hold Policy, which paused asylum and withholding-of-removal cases; the Comprehensive Re-Review Policy, which required previously approved applications to be reassessed; and the Country-Specific Factors Policy, which directed officers to weigh an applicant’s nationality negatively in discretionary immigration determinations.
The judge concluded that USCIS failed to provide an adequate legal basis for the policies and did not properly consider the reliance interests of applicants who had already completed interviews, submitted biometric information and passed security screenings. The court found the agency’s actions to be arbitrary and capricious under the Administrative Procedure Act.
On July 15, the court also denied the government’s motion to stay the ruling pending appeal, finding that the administration had not demonstrated a likelihood of success on appeal or shown that allowing the decision to remain in effect would cause irreparable harm.
According to AfghanEvac, USCIS has already implemented the ruling nationwide and is treating the challenged policy guidance as no longer in effect. As a result, immigration benefit applications that had been frozen under the policies have resumed moving through the adjudication process.
The ruling is expected to have its greatest immediate impact on Afghan nationals and other affected applicants already residing in the United States with pending applications for adjustment of status, asylum-related benefits, employment authorization and naturalization.
However, the decision does not invalidate the presidential travel restrictions affecting Afghanistan and other countries. It also does not restart the U.S. Refugee Admissions Program, resume Operation Enduring Welcome, reopen overseas visa processing, or affect Special Immigrant Visa (SIV) applications handled by U.S. embassies and consulates abroad.
The court resolved the dispute solely on administrative law grounds and declined to issue a permanent injunction or rule on broader constitutional claims.
The Justice Department has appealed the decision to the U.S. Court of Appeals for the First Circuit. While the challenged USCIS policies remain invalid, the government may still seek emergency relief from the appellate court as the litigation continues.