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By Dan Gooding
Associate News Editor
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An Obama-appointed judge criticized the Trump administration on Thursday night, issuing an order intended to force the government to resume processing green card and work permit applications for immigrants from 39 countries under President Donald Trump's travel ban.
The order, from U.S. District Judge John J. McConnell Jr., came a week after an initial ruling overturning U.S. Citizenship and Immigration Services' (USCIS) pause on processing a range of applications, which plaintiffs said had been ignored by the Department of Homeland Security (DHS).
Groups representing immigrants, including the Dorcas International Institute of Rhode Island and African Communities Together, argued that the government had "continued to apply and enforce those policies" even after they were overturned on June 5. Immigrants were still being denied green cards, citizenship, and work permits, according to an emergency filing Wednesday.
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"There is no excuse this time; the Government has an obligation to immediately comply with this Order," McConnell wrote on Thursday, telling USCIS it had 24 hours to show how it was complying.
The Trump administration filed an appeal to the U.S. Court of Appeals on Friday.
When reached by Newsweek for comment, DHS referred to USCIS' public statement on the matter, which said, "USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review... USCIS will issue updated instructions pending further litigation developments."
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What the Immigrant Groups Said
In their emergency filing, immigrant advocacy groups and labor organizations argued the administration had effectively ignored the court’s earlier ruling. They said USCIS continued to rely on the now-invalidated policies, "withhold[ing] citizenship, green cards, work permits and other essential immigration benefits" even after the June 5 decision.
The groups said there was no sign that the government had taken steps to implement the ruling, noting that policy documents remained published and unchanged.
They asked the court to step in and order immediate compliance, including requiring USCIS to notify all staff of the ruling within 24 hours, update its website to reflect that the policies were vacated, and provide detailed reports showing how it was complying
They also sought ongoing oversight, warning that delays were causing "real and immediate" harm that continued to pile up on immigrants affected by the pause.
Reacting to the judge's order and government appeal Friday, Project Unpause, which has backed the case, said the Trump administration's move was not surprising.
"We are legal immigrants and hope and believe justice will prevail," a spokesperson for the group told Newsweek. "Multiple judges - including a Trump appointed judge, Judge Holly Braidy - have already ruled that this pause is arbitrary, capricious and likely unlawful.
"This situation is like going to a grocery store, paying for items and the store collects your money but refuses to give you the items and/or refund you your money because they think you are from a bad family," the spokesperson said. "You entered the store legally, have no arrest records are a contributing member to the community but because they don’t like your family, they won’t give you your purchased items or refund your money. The store has the right to tell you to leave but instead tells you to wait while they run a background check on you. You’ve been waiting for almost 7 months."
What the Judge Said
McConnell largely sided with the plaintiffs on the central legal question: whether his earlier ruling was already in effect. In unusually direct language, the judge rejected the government’s suggestion that the vacatur did not yet need to be followed.
He emphasized that when a court blocks agency policies, they are immediately nullified—describing them as "void," "annulled," and "of no effect."
"To be perfectly clear," the judge wrote, the policies "are no longer in effect."
In his latest order, McConnell:
- Granted a partial final judgment, allowing the Trump administration to appeal
- Ordered the government to file a report within 24 hours detailing compliance steps
- Retained jurisdiction to enforce the ruling
How This Connects to the Original Green Card Ruling
The new order is a direct continuation of last week’s decision, in which the court invalidated four policies that had allowed USCIS to pause or heavily scrutinize applications tied to certain countries, including:
- A "benefits hold" policy
- A broad asylum-related hold
- A "rereview" policy
- A framework applying country-specific risk factors
Those policies had been used to delay or block a wide range of immigration benefits, including green card processing, and were largely tied to the ongoing travel ban preventing the entry of immigrants from 39 countries, mostly in Africa, Asia, and South America.
The Trump administration has also made various other changes to how legal immigration works since January 2025, including efforts to alter the adjustment of status, which allows immigrants applying for green cards to remain in the U.S. while their applications are processed.
An abrupt policy shift outlined how USCIS viewed the process as one to be used only in exceptional circumstances, and that a large proportion of applicants who are not seeking a green card based on family ties should return to their home countries for processing, rather than remaining in the U.S.
That change was somewhat walked back following concerns raised by advocates, attorneys, and lawmakers.
Small Business Administration: Changes to Green Card Holders
How immigrants access government services has also been affected, with one of the most recent reported changes being the Small Business Administration.
Until recently, legal permanent residents could obtain federal loans to start a small business. New rules now mean only citizens can apply.
A policy note, dated February 2, also reaffirmed that "SBA is requiring that 100% of all direct and/or indirect owners of a small business applicant be U.S. Citizens or U.S. Nationals who have their Principal Residence in the United States, its territories, or possessions."
The agency rescinded its previous exception that allowed a borrower to have up to 5 percent of ownership held by foreign nations, U.S. citizens, U.S. nationals, or green card holders whose principal residence was outside of the U.S.
What Happens Next
As for the USCIS pause, the agency's appeal now means another court will potentially take on the case, while thousands of immigrants remain in limbo awaiting decisions on their cases.
"If USCIS is failing to comply with orders from the judiciary no one knows what this means for this country going forward," Project Unpause's spokesperson said. "Next steps are bleak as all we can do is continue to fight this in court."
Update 6/12/26, 3:55 p.m. ET: This article was updated with comment from USCIS.
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