On June 12, 2026, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it will comply, pending further litigation, with the U.S. District Court for the District of Rhode Island's June 5, 2026, Order, and June 11, 2026, in Dorcas International Institute of Rhode Island, et al. v. United States Citizenship and Immigration Services, et al., 26-cv-00132-JJM-PAS (D.RI.).
On June 5, 2026, the U.S. District Court for the District of Rhode Island issued an order in Dorcas International Institute of Rhode Island, et al. v. United States Citizenship and Immigration Services, et al., 26-cv-00132-JJM-PAS (D.RI.), VACATING USCIS’ Policy Memoranda (“PM”) 602-0192, Dec. 2, 2025, and USCIS PM-602-0194, Jan. 1, 2026 (the “Benefits Hold” Policy) permitting the filing - but placing an adjudicative hold on immigration benefit applications filed by citizens of thirty-nine (39) countries subject to the Travel Ban, the Global Asylum Hold Policy, and the Comprehensive Re-Review Policy, and the published USCIS Policy Alert 2025-26 (Nov. 27, 2025) (“Country-Specific Factors” Policy) permitting the filing – but stating that USCIS is to consider an applicant’s nationality if subject to the Proclamation(s) as a significant negative factor in consideration of the benefit request.
The challenged policies were found to be arbitrary and capricious, as USCIS failed (1) to provide a reasoned explanation for enacting the policies; (2) to account for reliance interests in enacting the policies; and (3) to provide a pretextual reason for enacting the policies.
Following the decision, USCIS did not provide guidance on how it would implement it, but rather sought clarification on the order and requested final judgement to file an appeal. On June 11, 2026, the U.S. District Court issued a second order clarifying the challenged policies as unlawful under the APA and that the government had 24 hours to provide a status update on implementation.
On June 12, USCIS filed an appeal to the First Circuit Court of Appeals. After filing their appeal, USCIS issued an alert[1] expressing disagreement with Court’s order but stating it will “will follow its terms pending possible further judicial review.” The agency further clarified that they will not be treating PM 601-0192, PM 602-0194, and PA 2025-26 as effective.
Gunster’s Immigration Law Group will continue to monitor for developments related to this case and is closely monitoring agency guidance and implementation.
Should you wish to receive timely updates and further information concerning these and other Immigration matters, please contact Gunster’s Immigration Law Practice.
This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
[1] See USCIS News Alert, June 12, 2026 (Court Order on Hold Policies | USCIS), stating:
The Court entered its final judgment on June 11, 2026. In this case, the plaintiffs are non governmental organizations and labor unions who represent millions of individuals who filed immigration applications. USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review. The Policy Memoranda and the Policy Alert were issued based on Presidential Proclamation 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, June 4, 2025, and Presidential Proclamation (PP) 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States, December 16, 2025, and to
address the lack of screening, vetting, and the threat to national security and public safety. With entry of final judgment this order is effective immediately, and pursuant to the court-ordered vacatur, applies agency-wide. Thus, the vacatur applies to PM 602-0192, PM 602-0194, and PA 2025-26, which should be treated as if they are not in effect. USCIS will issue updated instructions pending further litigation developments.
YES! PLEASE SIGN ME UP TO RECEIVE EMAIL ALERTS FROM OTHER GUNSTER PRACTICE AREAS.
Gunster. Florida's Law Firm for Leaders.
As a full-service law firm, Gunster provides legal counsel to leading organizations and individuals from its 13 offices statewide. Established in 1925, the firm has expanded, diversified, and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Coral Gables, Fort Lauderdale, Jacksonville, Miami, Naples, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, Vero Beach, and its headquarters in West Palm Beach. With more than 320 attorneys and consultants and 300 committed support staff, Gunster is ranked among the top 200 largest law firms by the National Law Journal and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practices, industries, offices, and news is available at www.gunster.com.
