Rhode Island Judge Strikes Down Trump Immigration Freeze
The policies were put in place by U.S. Citizenship and Immigration Services (USCIS) after an Afghan national shot two National Guard members in Washington, D.C.
An Obama-appointed federal judge in Rhode Island struck down a series of Trump administration immigration policies Friday, ordering officials to resume processing asylum applications and other immigration benefit requests that had been frozen for more than six months.
The policies were put in place by U.S. Citizenship and Immigration Services (USCIS) after an Afghan national shot two National Guard members in Washington, D.C., in November 2025, killing one. USCIS responded by halting asylum processing for applicants of all nationalities and freezing green card, work permit, and citizenship applications for people from 39 countries covered by the president’s travel ban. The agency also ordered a review of previously approved benefits for nationals of those countries who had entered the U.S. after January 20, 2021.
The lawsuit was brought by a coalition of nonprofit groups and labor unions led by Dorcas International Institute of Rhode Island and Refugee Dream Center, along with organizations including the Service Employees International Union and the United Auto Workers.
U.S. District Judge John J. McConnell Jr. vacated all of it in a 135-page opinion, writing:
“More than six months ago, the United States Citizenship and Immigration Services (‘USCIS’) enacted a series of policies that threw the lives of countless immigrants living in the United States into indeterminate legal limbo.”
He added that the freeze could not be blamed on anything the affected immigrants had done wrong:
“And USCIS’s hold on adjudications cannot be attributed to anything that these individuals did wrong; rather, it arises solely by the happenstance of their birth.”
McConnell found that the policies violated federal immigration law and wrote that USCIS had allowed “anti-immigrant sentiments” to influence agency decision-making. As evidence, he cited public statements made by President Trump and then-DHS Secretary Kristi Noem in the days after the shooting. Noem, whose post Trump later reposted on social media, described immigrants as “killers, leeches, and entitlement junkies” and called for “a full travel ban on every damn country that’s been flooding our nation.” Trump described the travel ban at a December rally as “a permanent pause on Third World migration, including from hellholes like Afghanistan, Haiti, Somalia, and many other countries.”
DHS pushed back on that reasoning. James Percival, legal counsel for the department, said in a statement:
“The Left has been running the same gambit with so-called ‘animus’ claims since 2017. It is sabotage dressed in legal clothing. It goes like this: (1) the admin is racist, (2) therefore a policy I don’t like is motivated by race, (3) therefore it is invalid. They have used it on virtually every Trump era Department of Homeland Security policy.”
McConnell was confirmed to the bench in 2011 on a 50-44 vote. Before joining the federal judiciary, he contributed roughly $190,000 to Democratic members of Congress and more than $200,000 to Democratic Party committees at the state and national level.
His wife, Sara Shea McConnell, donated more than $250,000 to Democratic candidates and causes.
McConnell’s nomination to the federal bench generated substantial controversy in 2010 and 2011. Legal Insurrection covered concerns raised by critics regarding his political contributions, legal record, and confirmation battle.
Earlier this year, McConnell sided with Democratic-led states challenging a federal spending freeze, and in May, he temporarily blocked cuts to several congressionally created agencies. Those rulings prompted Rep. Andy Clyde (R-GA) to introduce an impeachment resolution alleging a conflict of interest over McConnell’s seat on the board of Crossroads Rhode Island, a nonprofit that receives government funding.
The resolution states:
“There is a clear conflict of interest given that Chief Judge John James McConnell Jr. presided over and made a decision regarding a case which significantly impacts the funding of an organization in which he serves as a director of and as a fiduciary.”
America First Legal filed a separate judicial complaint over the same board membership.
McConnell declined to comment on the criticism. Frank Perry, the chief deputy clerk for the U.S. District Court for the District of Rhode Island and the court’s public information officer, told reporters in an email that, “Judge McConnell very much appreciates your question and often sits down with members of the media upon request. However, he does not speak with the media or answer questions along these lines while he is presiding over cases involving the Administration.”
The Trump administration is expected to appeal. McConnell is also presiding over a lawsuit brought by 20 Democratic state attorneys general challenging administration efforts to withhold federal transportation funds from jurisdictions that decline to cooperate with immigration enforcement.
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Comments
Judicial insurrection
It’s bloody anarchy. How is it possible that these judges cannot be debenched?
Have you got two thirds of the senate stuffed up your sleeve? No, I didn’t think so.
A single impeachment of just one out of control federal judge would go a long way without removal after a Senate trial. It would send a strong message to the irresponsible federal judiciary.
Pour encourager les autres
the only message that it would send is that these judges can get away with anything
Just as FDRs threats caused judges to align with his policies, most of which had no foundation in the Constitution.
No, they didn’t. The “Switch in Time that Saved Nine” is a myth.
When will the Supreme Court rid us of these Commassar Judges?
It can’t.
Of course it can. Who can overrule them?
Well, they actually can’t and they can’t even enforce their own rulings. The left understand this which is why democrat states routinely ignore supreme court rulings.
is why doesn’t Trump?
No, they don’t.
And yes, they can enforce their rulings. All courts have the power to prosecute people for contempt, and federal courts have the use of the US Marshals to enforce their orders.
Another liberal judge who thinks he has been made President, backed up by leftist NGOs who think they have replaced Congress.
I am already certain that this country is occupied by two groups with diametrically opposed worldviews who share nothing but physical space. You don’t have to continue to convince me. The breakup, when it happens – and probably sooner rather than later – is going to be messy. Very, very messy.
How many divisions does Judge McConnell have?
It’s time for Trump to start ignoring these decrees.
If he does that the judge will hold the relevant immigration officers in contempt and file criminal charges against them. If the US Attorney refuses to prosecute, he can hire an outside attorney to prosecute them. And he has the US Marshals to enforce his orders; they have a legal duty to the courts independent of their duty to the president.
Cool. Let him do all that.
a judge appointing his own personal prosecutor to assuage his ego,..doesn’t sound legal to me
Yes, it is legal. Young v. United States ex rel. Vuitton
It’s not to assuage his ego, it’s to enforce the court’s authority.
“The power to punish for contempts is inherent in all courts; its existence is essential to the preservation of order in judicial proceedings, and to the enforcement of the judgments, orders, and writs of the courts, and consequently to the due administration of justice. The moment the courts of the United States were called into existence and invested with jurisdiction over any subject, they became possessed of this power.” 86 U.S. (19 Wall.) 505
Trump can withdraw his delegations of authority to those officers and then personally direct the agency. Now send the US Marshals after the POTUS and see what happens. I believe that’s called “a constitutional crisis.”
No, he can’t withdraw his delegations. They exist by statute.
And if he acts in contempt of court then the court can certainly send the Marshals after him and arrest him. Yes, it’s called a constitutional crisis; what makes you think he wins it? Even kings are subject to the law, and he’s not a king.
That’s fine. Then the Trump administration should order the immigration judges to deny all “asylum applications and other immigration benefit requests” en masse and be done with it all. Of course, the howls of outrage from the usual suspects would be deafening but that’s a price I think he should be willing to pay.
Or simply refuse to obey the dictates of the court and inform John J. McConnell, Jr., Chief Judge United States District Court, that immigration policy is set by the Executive Branch (ie the president) and not the judicial branch and therefore the policies will remain in force as his 135-page decision and order is invalid.
eot
The judge has found that the president’s actions violate the law made by Congress. Either he’s right or he’s wrong. If he’s wrong then an appeals court will overturn him. But if the president orders his administration to simply ignore the ruling then the judge will hold in contempt all officials who act on that order, and will have them prosecuted for criminal contempt. He has an independent authority to do so even if the US Attorney refuses. And he has the US Marshals to enforce his orders.
LOL, Long Live Pollyanna!
Pollyanna?! This is the exact opposite! It’s people who think Trump can simply ignore the judge who are being Pollyannaish. The only possible response is to appeal, and in the meantime move for a stay.
Judges continue to overstep their boundaries and “our” system does nothing to reign in control of rogue justices. Reality bites. Even if Trump wins on appeal, there is no issues with the judge. The system is broken there.
You obviously don’t grasp the exquisite intricacies of bureaucracy. Of course, we will begin processing applications immediately. To ensure that the system is functioning properly, out of an abundance of caution, we will begin by auditing each step to certify full compliance. In keeping with recent demands for due process, we will assign each applicant an asylum court date when they must show up in person to have their case heard and adjudicated. Successful applicants will be notified shortly after the counting of California ballots concludes.
Meanwhile, our limited time to fix everything is further wasted by that robed traitor.
And away Milhouse goes . . . Blah, blah, blah. Yah, yah, yah! Just knew you’d show up with one of your know-it-all posts. So tell me, what law(s) made by Congress did Pres. Trump violate, exactly. Please provide a list of those laws with links to the relevant CFR or USC.
Read the judge’s decision. It lists the statutes that the judge claims are being violated. Either the judge is right or he’s wrong; if he’s wrong the way to address it is in the appeals courts.
You know as well as I do that traditionally the POTUS is allowed discretion in whether or not a law is enforced and in the manner and extent to which it is executed when it is enforced.
Certainly he has discretion on when and whether to enforce a law. But he must obey it. If the law requires him to do something he can’t refuse to do it. This judge found that Trump’s order violates statutes; if he’s wrong, appeal it.
Thanks the RINOs who confirmed these Marxists. The usual suspects…
The damage being done to our Constitutional Republic by these rogue and leftist-activists posing as judges is incalculable.
Arguably, our “Constitutional Republic” is already dead, given how often Liberal judges are ruling based on politics, perceptions, “feelings” or even outright defiance of the law.
It’s good to know that one can still buy a federal judgeship. Of course the price has probably doubled since 2010,
The Supreme Court ruled that Federal District courts could only rule over their area. President Trump should ignore this and force this to go to appeal the to SCOTUS. Ultimately it will be the Admin’s decision as they decide, Congress should be impeaching these activist Judges and removing them but they have not done their duty.
No, it didn’t.
He can’t ignore it, but he can appeal it and move for a stay, and he should do so.
SCOTUS denied district judges authority to issue nationwide injunctions
from GOOGLE: On June 27, 2025, the U.S. Supreme Court effectively ended the use of “universal” or nationwide injunctions in Trump v. CASA, Inc., holding that federal courts lack the authority under the Judiciary Act of 1789 to issue injunctions that go beyond providing relief to the specific plaintiffs in a case.
Milhouse will always support whatever gives the left more power.
Azathoth will always lie and lie and lie and then lie some more, because he is a filthy liar who lies.
JG claimed that “The Supreme Court ruled that Federal District courts could only rule over their area.” That is just not true. There has never been such a ruling.
MarkS irrelevantly pointed out that “SCOTUS denied district judges authority to issue nationwide injunctions”, which is true but has nothing to do with this story.
And Azathoth just took advantage of an opportunity to viciously slander me yet again, because he is an evil piece of shit.
Yes, it did. That is not what JG claimed, and it’s irrelevant here.
What have injunctions got to do with this story? What injunction have you imagined is involved?
Trump needs an elite team to compile dirty dossiers on these judges Sub Rosa. Almost all of them are living well above their means and a good portion are cross dressers, drunks, pedophiles and shoe fetishists. Invite them to read a 3-ring binder in a little room for 10 minutes and problem solved. This a a tried and true method that is used to sparingly.
Where’s J. Edgar when you need him. Oh right. He’s communing with Jimmy Hoffa while cross dressed and he and his extensive files are unavailable.
Unfortunately, J. Edgar’s “extensive files” are seriously out of date even if they are still extant.
So are his dresses, probably.
There is no credible evidence that J Edgar Hoover was a cross dresser. And of course Hunt’s obnoxious fantasies, as usual, have no basis in anything.
As usual, bulldust.
And a Trump appointed judge, one Judge Ryan Nelson of the 9th Circuit Court of Appeals, has been charged with misdemeanor battery and malicious injury to property in a dispute over a parking space.
source: https://reason.com/volokh/2026/06/06/judge-ryan-nelson-9th-cir-charged-with-battery-for-allegedly-knocking-off-mans-glasses-in-parking-space-dispute/
A friggin’ parking space.
I am beginning to think that more and more judges – irrespective of who appointed them – think they are above the law and do what they want in their actions and their opinions.
The people who should be the very epitome of the law, aren’t.
Of course the think they are above the law. Because when they sit on the bench in their court they are above the law and can evidently do whatever they wish subject only to review/reversal from a higher court. They are immune from responsibility for any official actions they take and therefore are above the law.
“What else than ignorance of the law is it that excuses judges themselves for all their erroneous decisions? Nothing. They are every day committing errors, which would be crimes, but for their ignorance of the law. And yet these same judges, who claim to be learned in the law, and who yet could not hold their offices for a day, but for the allowance which the law makes for their ignorance, are continually asserting it to be a ‘maxim’ that ‘ignorance of the law excuses no one;’ (by which, of course, they really mean that it excuses no one but themselves; and especially that it excuses no unlearned man, who comes before them charged with crime.)”
Lysander Spooner
An Essay On The Trial By Jury, pp. 180-181
So in the Leftists perfect world we are stick with ever two bit Commassar Judge ruling until it’s cleared by a higher Robe. Of course that BS ruling is swept under the rug and they are good to go the next time the Leftists need a Commassar Judge.
Of course President Trump should tell the judge to get a army or go cry to a Higher Judge himself and explain his idea of the Constitution.
Again, the judge has an army, the US Marshals. He also has the authority to have people prosecuted for contempt even if the US Attorney refuses to do so.
I’m all for Trump defying judges when they’re ultra vires, but that’s not the case here. The ruling may be right or wrong, but it’s certainly within the judge’s jurisdiction. If it’s wrong, appeal it.
If Trump wants to make a test case about judges acting ultra vires he has to find the right case to use — one in which there can be no question about the judge’s lack of authority. Look hard enough for such a case and he’ll find one, and having found it he should absolutely go to war with the judiciary over it. But this is not that case.
by a coalition of nonprofit groups and labor unions
Huh. How did I know that would be the case?
How do they even have standing?
“Process” does not mean “approve”.
So, process the entire backlog and reject 100% of all applications from these countries on nationsl security grounds.
This in addition to, obviously, appealing this garbage decision and getting a solid recent precedent affirming the administration’s authority to do exactly as they have done.
This District Judge wants immigration court process to continue? No problem. Review the evidence that confirms the claims of the asylum claim and the relevant info re any violation of law they may have committed sch as reentry or visa overstay as well as a complete personal history from the official records of their Nation that demonstrates they are a ‘good guy’…of.course those records would need to be from Nations that:
1. Agree to send them
2. Are not corrupt
3. Cooperative with USA in ALL immigration areas to include taking back any of their Nationals deported
Which means the rate of rejection for asylum claims will climb even higher than the current 85-90% closer to 100%. Then these guys can clog up this district judge courtroom docket since he inserted himself. He.can have fun doing these cases and nothing else for the next two decades.
Asylum applicants almost by definition come from countries whose governments we can’t trust or rely on.
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