2026 Immigration Policy Changes – Travel Bans, USCIS Freezes, and Court Backlogs

The immigration landscape has undergone dramatic changes in recent months. If you or your loved ones are navigating the U.S. immigration system, here’s what you need to know about the latest developments that may affect your case.

Expanded Travel Bans: Who Is Affected?

The administration has implemented sweeping travel bans affecting 39 countries, with restrictions that vary by country.

Complete Ban (All Visa Types)

Nineteen countries face a total ban on both immigrant and non-immigrant visas:

Afghanistan, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Myanmar, Niger, Sierra Leone, Somalia, Sudan, South Sudan, Syria, Yemen, and individuals traveling on Palestinian Authority-issued passports.

Important: Afghanistan faces the strictest restrictions with no exceptions whatsoever.

Partial Ban (Immigrant Visas + Tourist/Student Visas)

Twenty additional countries face a complete ban on immigrant visas and restrictions on B-1, B-2, F, M, and J visas:

Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan (immigrant visas only), Venezuela, Zambia, and Zimbabwe.

Who Is NOT Subject to the Bans?

The travel bans do not apply to:

• Lawful permanent residents (green card holders)
• People with valid visas issued before January 1, 2026
• Dual nationals traveling on a passport from a non-banned country
• Holders of diplomatic visas (A-1, A-2, C-2, C-3, G-series, NATO-series)
• Asylees and refugees with refugee travel documents
• Athletes competing in major sporting events like the World Cup or Olympics
• Special Immigrant Visa holders for U.S. government employees (excluding Afghans)

What About Waivers?

There are no formal waivers available. However, limited national interest exceptions (NIEs) may be granted for:

• Travel on behalf of the U.S. government
• Professional international sports competition
• Urgent, non-routine medical treatment unavailable outside the U.S.

NIEs will not be granted for family visits, resuming work or studies, or general financial or personal hardship.

Challenging the Travel Bans

Legal challenges are underway. A federal lawsuit is expected to be filed on January 9, 2026, challenging the constitutionality and legality of these bans.

USCIS Processing Holds: Applications Frozen

Asylum Applications on Hold

Since December 2, 2025, all affirmative asylum applications pending at USCIS Asylum Offices are on hold. Applicants can still file applications and attend interviews, but no decisions are being issued. This hold does not affect cases already in immigration court or on appeal.

A federal lawsuit challenging this hold was filed on January 2, 2026, in the U.S. District Court of Massachusetts.

Other USCIS Applications Also Frozen

USCIS has placed holds on benefits requests for individuals from travel ban countries. This likely includes:

• Family-based and employment-based petitions (I-130, I-140)
• Green card applications (I-485)
• Work permits (I-765)
• Humanitarian applications (TPS, U and T visas)
• Naturalization applications

Limited Exceptions

The following applications are not subject to the hold:

• Form I-90 (Green Card replacement)
• Form N-565 (Replacement citizenship documents)
• Form N-600 (Certificate of Citizenship, except for Somalia and Yemen nationals)
• Form I-765 (Work permits for pending asylum applicants filing for the first time)

Can you still file applications? Yes, applications can still be submitted, but processing is suspended for most benefit types.

Re-Review of Approved Applications

USCIS has announced plans to re-review previously approved applications for individuals from travel ban countries. This includes:

• All approved benefits for nationals from banned countries
• All Afghan nationals who arrived on or after January 20, 2021

The re-review process may include additional interviews and could result in:

• Revocation of approved benefits
• Referral to ICE for removal proceedings
• Additional scrutiny for national security concerns

By March 2, 2026, USCIS is expected to issue operational guidance on how these re-reviews will be conducted.

New Discretionary Factors: Higher Denial Risk

USCIS has changed how it evaluates discretionary applications. Officers are now instructed to consider nationality from a travel ban country as a significant negative factor when deciding cases.

What Does This Mean?

Even if you meet all technical requirements for an immigration benefit, USCIS officers can deny your application based on your country of origin. This applies to discretionary applications such as:

• I-129F (Fiancé petitions)
• I-130 (Family petitions)
• I-485 (Green card applications)
• I-821 (TPS applications)
• I-589 (Asylum applications)
• I-601 (Waivers of inadmissibility)
• I-212 (Permission to reapply for admission)
• I-765 (Work permits, in some cases)
• I-751 (Removal of conditions on residence)

Non-discretionary applications like naturalization (if you already meet all requirements) should not be affected by this policy.

Immigration Courts in Crisis

The immigration court system is facing unprecedented disruption. Over 100 immigration judges have been terminated nationwide in 2025, creating massive case backlogs.

Northern California Impact

• San Francisco: 21 judges fired, leaving 4 judges for 120,000 pending cases – the Montgomery Street court is expected to close by the end of the year.
• Sacramento: 3 judges fired, leaving 3 judges for 30,000 pending cases
• Concord: Only 7 judges handling 60,000 pending cases

What This Means for Your Case

Most hearings are being cancelled and rescheduled years into the future. Additionally, ICE is arguing that asylum seekers should apply for protection in third countries (such as Uganda, Guatemala, Honduras, Ecuador) rather than the U.S. Many immigration judges are agreeing with this position and pre-termitting (cancelling) asylum applications, ordering individuals removed instead.

What Should You Do?

If you or a loved one is affected by these changes:

1. Consult an immigration attorney immediately to understand how these policies affect your specific case
2. Document everything – keep copies of all applications, approvals, and correspondence
3. Stay informed about ongoing legal challenges
4. Do not travel if you’re from a banned country and don’t have a valid visa or green card
5. Continue filing applications if you’re eligible, even if processing is delayed
6. Attend all scheduled interviews and hearings even if decisions are on hold

For more information about immigration processes and forms, visit the U.S. Citizenship and Immigration Services website or check the Executive Office for Immigration Review for immigration court information.

Looking Ahead

These policies are actively being challenged in federal courts. The legal landscape may change rapidly as litigation progresses. We will continue to monitor developments and provide updates as they become available.

If you have questions about how these changes affect your immigration case, please contact our office for a consultation.