First Circuit Grants Partial Stay in Challenge to USCIS Immigration Adjudication Policies

• The U.S. Court of Appeals for the First Circuit partially denied DHS’s request to stay a lower court ruling that blocked several USCIS immigration adjudication policies, allowing most of the district court’s order to remain in effect while the appeal proceeds.  

DHS Request to Stay Immigration Policy Ruling 

On August 14, 2026, the U.S. Court of Appeals for the First Circuit partially denied the Department of Homeland Security’s (DHS) emergency request to pause a lower court ruling that invalidated several U.S. Citizenship and Immigration Services (USCIS) policies tied to enhanced vetting and adjudication of immigration benefits.  

The appeal stems from a June 2026 decision in Dorcas International Institute of Rhode Island v. USCIS, in which a federal district court struck down multiple USCIS policies that had paused certain asylum and immigration benefit applications, imposed nationality-based processing restrictions and required additional review of some previously approved immigration benefits.  

DHS appealed that decision and asked the First Circuit to put the district court’s ruling on hold while the appeal moves forward.  

What Happened? 

After reviewing the parties’ filings, the First Circuit granted the government’s request only in part. Specifically, the court stayed the district court’s ruling as it relates to the Comprehensive Re-Review Policy, which directs USCIS officers to conduct additional reviews of approved immigration benefit requests for certain foreign nationals who entered the United States on or after Jan. 20, 2021.  

However, the court declined to stay the district court’s ruling regarding the two other challenged policies, finding that DHS had not met the standard required for broader emergency relief pending appeal.  

Why It Matters 

The decision means the Comprehensive Re-Review Policy may remain in effect while the appeal continues. However, most of the district court’s ruling vacating the other challenged policies remains in place.

As a result, DHS and USCIS received only limited relief from the appellate court, and the underlying challenge to the agency’s enhanced vetting and adjudication policies will continue to move through the appeals process.  

What’s Next? 

The First Circuit will continue reviewing the government’s appeal of the district court’s June 2026 decision. Future rulings will determine whether the lower court’s judgment is upheld, modified or reversed and whether the challenged USCIS policies ultimately remain in effect.  

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