Californian judge Susan van Keulen has actually directed USCIS to adjudicate pending work authorisations of one Sudanese and 30 Iranian trainees and scholars, left in “immigration limbo” after the federal government stopped processing benefits for nationals from “high threat” countries.
The pause impacts US visa-holders from the 40 nations and areas covered by Trump’s travel restriction, and came into force through 2 policy memos in December 2025 and January 2026.
A representative from the Department of Homeland Security (DHS) said the legal obstacle was “another unwarranted claim that attempts to take over the President’s lawful authority to determine which foreign nationals might go into, remain and enjoy certain benefits in this nation”.
The administration has argued that its authority to limit the entry of foreign nationals likewise applies to the adjudication of advantages for those already in the United States.
In implementing the time out, USCIS stated it was stopping asylum applications and all pending benefit requests while it performed “comprehensive review” of the procedure.
The spokesperson reiterated that the company was working to guarantee the “high-risk” applications were “vetted and evaluated to the optimum degree possible”.
“The safety of the American individuals always comes first,” they informed The PIE News. But four months later on, processing has not resumed and USCIS has actually offered no guidance on the matter, leaving ratings of visa holders and international graduates seeking OPT authorisation in limbo, at threat of breaching their visa status if they are unable to work or study.
“The useful effect is substantial as these students are typically unable to start work as expected, which develops unpredictability for both the graduates and their prospective employers,” Fragomen immigration partner Aaron Blumberg told The PIE. While Blumberg said many students seemed waiting in the hope their application is moved forward, others have actually picked to pass up OPT and register in new scholastic programs, with a “smaller sized number” deciding to leave the US altogether.
Over 3 lots suits have challenged the policy, arguing that the indefinite processing hold not just breaches the Administrative Treatment Act however discriminates on the basis of citizenship.
They say that while the government has the discretion to choose the result of an application, it does not have authority to forever withhold adjudication.
This is another baseless suit that attempts to take over the President’s legal authority
DHS
In the event heard by van Keulen earlier this month, she discovered the Department of Homeland Security was “unable to use any accurate assistance that there will be an end to the hold”.
And while both policy memorandums set out a 90-day window for USCIS to offer functional assistance, the firm had stopped working to act within the duration it set out for itself, ruled the judge.
Though litigation is in its early stages, Fragomen immigration partner Daniel Pierce said judges had initially been “supportive” to plaintiffs’ claims that the pause is unlawful in their cases.
Keulen’s preliminary injunction is a positive signal for those that contest the government’s claims that authority to restrict the entry of foreign nationals also applies to the adjudication of benefits for those already in the United States.
Nevertheless, Pierce highlighted “essential constraints” in the cases up until now, with courts restricting relief to just the parties that took legal action against, and, sometimes, raising the time out without ordering instant action on the pending adjudication.
“We may see broader relief eventually, however for now only individuals who brought suit are benefitting,” he stated, including that if the government appeals, higher courts may be more happy to give the administration leeway to alter its vetting policies.
In the meantime, numerous current graduates from travel ban nations have reported being unable to work, sometimes losing earnings, medical insurance and real estate.
As the academic year nears its end, more finishing students are anticipated to be caught in the limbo, with applicants needed to submit OPT applications within 60 days of graduation.
Though OPT is not a work authorisation as participants remain on their F-1 visa, USCIS kept the program was subject to the same country-specific enforcements for “high-risk nations”, with 11 of the complainants in the California case seeking OPT authorisation.