Impact of INA 212(f) on USCIS’ Adjudication of Discretionary Benefits
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual addressing the President’s recent exercise of his authority under section 212(f) of the Immigration and Nationality Act (INA) through 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” (PP 10949) and its impact on USCIS adjudications. 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 PM 602-0192, PM 602-0194, and PA 2025-26. 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.
Effective date and application
With entry of final judgment this order is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual addressing the President’s recent exercise of his authority under section 212(f) of the Immigration and Nationality Act (INA) through 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” (PP 10949) and its impact on USCIS adjudications. 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 PM 602-0192, PM 602-0194, and PA 2025-26. 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.
- Provides that, with certain exceptions, USCIS considers any relevant country-specific factors such as those specified in PP 10949 as significant negative factors in the adjudication of discretionary benefit requests.
- Provides country-specific factors that include but are not limited to insufficient vetting and screening information that limits USCIS’ ability to assess the risks posed by aliens from the countries identified in PP 10949.
