39-Country Immigration Ban Litigation Lawyer
If you have a pending immigration application with USCIS and you are a national of one of the 39 countries affected by the current travel ban, your case may have been frozen without explanation. In December 2025, the government issued a policy memo pausing adjudications on all pending and future USCIS filings for nationals of those countries. Brooks Law Firm is challenging that policy in federal court, and we are actively enrolling plaintiffs now.
This is not a narrow challenge. The pause covers virtually every type of immigration application, from work permits and green cards to naturalization. People who filed applications in good faith, paid government fees, and waited their turn are being told their cases will not move forward, with no timeline and no individual review.
We believe this policy is unlawful. The Administrative Procedure Act requires federal agencies to adjudicate cases within a reasonable time. A blanket, indefinite pause applied by nationality, without individualized review, is contrary to federal law, Congressional intent, and the Constitution.
Our attorneys are ready to review your situation and tell you directly whether you qualify to join.
Call Brooks Law Firm at (617) 245-8090 to find out if you qualify.
What Is the 39-Country Immigration Ban?
In December 2025, the White House, the Department of Homeland Security, and the Department of State announced a sweeping immigration ban affecting nationals of 39 countries. A policy memo issued on December 2, 2025 directed USCIS to pause adjudications on all pending and future immigration filings by individuals from those countries.
Unlike a narrow policy targeting a specific visa category, this pause covers the full range of immigration applications. Work authorization renewals, family-based green card petitions, naturalization applications, and more have all been caught in the freeze. Applicants who had already paid government fees and been waiting months or years for decisions were given no path forward.
The government did not provide individualized notice to affected applicants, did not give the public an opportunity to comment before issuing the policy, and did not set a date for the pause to end. We believe that process, and the policy itself, violates the law.
Who Is Eligible to Join the Mass Action?
This case is a mass action. Each participant joins as an individual plaintiff in the same federal lawsuit, and relief is sought for those who join. Eligibility is reviewed case by case, but in general you may qualify if:
- You are a citizen by birth of one of the 39 countries covered by the travel ban
- You have any immigration application or petition currently pending with USCIS
The pause covers all USCIS immigration processing, including applications for work authorization, advance parole, green cards, adjustment of status, naturalization, and more. If you have a pending application and your country is on the list, call us to find out if you qualify.
Note: this case covers USCIS domestic benefits cases. It is separate from the 75-country immigrant visa ban litigation, which covers cases pending at the National Visa Center or at U.S. consulates abroad.
The Legal Basis for This Case
This lawsuit is grounded in the following legal frameworks:
The Administrative Procedure Act
The APA requires federal agencies to adjudicate cases within a reasonable period of time. An indefinite, blanket pause on processing for an entire class of applicants, with no individualized review and no end date, is the kind of agency action the APA is designed to prevent. We are asking the court to declare the pause unlawful and order the government to resume adjudications.
The Immigration and Nationality Act
Congress established specific procedures and timelines for how USCIS must process immigration applications. The policy memo directing USCIS to stop adjudicating entire categories of cases based on nationality overrides those Congressional mandates without authorization.
Due Process and Equal Protection
Applicants who filed in good faith, paid their fees, and have legitimate immigration claims have a protected interest in having their cases decided. A blanket pause that singles out nationalities for indefinite non-adjudication raises serious constitutional concerns under the due process and equal protection clauses of the Fifth Amendment.
Together, these arguments support our position that the government cannot simply stop processing immigration applications for nationals of specific countries without legal authority, public process, or individualized justification.
How the Mass Action Process Works
Here is what to expect if you join this case:
- Initial review. Call our office. We will review your situation to confirm whether your case qualifies before you sign anything.
- Engagement agreement. If you qualify, you will sign an engagement agreement and pay a one-time flat fee of $2,500 per applicant. This fee covers the District Court portion of the case. There are no additional legal fees or expenses beyond this amount. The fee is non-refundable once we file. If you are not accepted as a plaintiff, your fee will be refunded in full, excluding any payment processing surcharges.
- You join as an individual plaintiff. Each participant is named individually in the federal lawsuit. This is not a class action. Relief is sought for the specific plaintiffs who join the case.
- We file in federal court. We are still determining the most appropriate venue. We will consult with enrolled clients before making that decision and will notify all participating plaintiffs once the venue is confirmed.
- The case proceeds. Federal litigation takes time. Even on an expedited schedule, we are unlikely to see results for several months. We will keep all plaintiffs updated through periodic group calls and email updates when there are meaningful developments.
- Potential outcome. We are seeking a federal court order declaring the indefinite pause on adjudications unlawful and requiring the government to adjudicate each plaintiff’s application to finality within a reasonable time. This would not automatically approve any application, but it would require the government to actually process and decide each case.
Why Work with Brooks Law Firm On Your 39-Country Immigration Ban Case
Brooks Law Firm is an immigration and personal injury firm based in Medford, Massachusetts. Immigration is our primary practice, and it has been since the firm was founded. Our attorneys have represented clients across a wide range of immigration matters, from family-based petitions to asylum to removal defense to federal court actions.
We understand what is at stake for families and individuals caught in this situation. Many of our clients have been waiting years for cases that should have been straightforward. We are not treating this as a routine matter. We are treating it as what it is: a legal fight on behalf of people the system has failed.
Our office serves clients in English, Spanish, and Brazilian Portuguese. Consultations are confidential.
Serving Affected Applicants Across Massachusetts and Beyond
Our office in Medford, Massachusetts serves clients throughout the state and beyond. While this federal litigation is not limited by geography, our team is based in the Boston area and available to meet in person or by phone and video.
We have worked with clients from countries across Latin America, Africa, the Middle East, and Asia. If you are in Massachusetts or elsewhere and your USCIS application has been frozen by this policy, we encourage you to reach out.
Frequently Asked Questions About Immigration in Massachusetts
Why is Brooks Law Firm filing this lawsuit?
We believe the government’s blanket pause on USCIS adjudications is unlawful. Federal law requires agencies to process applications within a reasonable time. An indefinite, nationality-based pause with no individualized review violates the APA, Congressional intent, and in our view the Constitution. We are asking a federal court to declare the policy unlawful and order the government to resume processing.
Is this a class action lawsuit?
No. This is a mass action. Each person joins as an individual plaintiff in the same federal case. Relief is sought for the specific plaintiffs who join. A class action would take significantly longer and would not necessarily produce a better result. The mass action structure allows us to pursue relief efficiently for the people who enroll.
How much does it cost to join?
The fee is $2,500 per applicant. This is a one-time flat fee that covers the District Court portion of the case. There are no additional legal fees or expenses. The fee is non-refundable once we file. If you are not accepted as a plaintiff, your fee will be refunded in full, excluding any payment processing surcharges.
What does winning look like?
We are seeking a court order declaring the indefinite adjudication pause unlawful and requiring the government to process each plaintiff’s application to finality within a reasonable time. A win would not automatically approve your application, but it would require the government to actually decide your case under the law, rather than leaving it in indefinite limbo.
Is this case related to the 75-country visa ban litigation?
They are separate cases targeting related but distinct policies. The 75-country case challenges the State Department’s Nationality-Based Pause on immigrant visas for applicants in the NVC and consular process abroad. This case challenges the USCIS adjudication pause for applicants with pending domestic benefits cases. If you have a case in the consular process, you may want to ask about the 75-country litigation instead.
Is there a risk to participating?
People have the right to challenge unlawful government action in federal court. In our experience, applicants who pursue legal action are generally treated with respect. We have found that filing a lawsuit is more likely to result in better treatment than worse. No outcome can be guaranteed, but we have not observed retaliation against individuals who participate in group litigation.
What if I already have an immigration attorney?
Having an attorney for your individual immigration case does not prevent you from joining. You should speak with your current attorney before signing up. If you are already independently pursuing legal action involving the same application, that will need to be reviewed before you can join this case.
How long will this take?
Federal litigation takes time. Even on an expedited schedule, we are unlikely to see results for several months. We will move as quickly as we can and will keep all participating plaintiffs updated through group calls and email throughout the process.
Will I receive individual case updates?
Updates will be sent by email and through periodic group Zoom calls focused on developments in the case as a whole. We are not able to discuss individual case situations within the scope of this representation. If you have questions about your individual case, you are welcome to hire our firm separately for that purpose.
Take Action Now
Enrollment in this mass action is active. The sooner you contact us, the more time we have to review your case before filing.
If your USCIS application has been frozen by this policy, do not wait. Call Brooks Law Firm today to find out if you qualify to join.
Call (617) 245-8090 or contact us online to schedule a confidential consultation.
CARL HURVICH: Senior Associate Attorney
“I am an immigration attorney with over a decade of legal experience and a proven record of navigating rapid changes in immigration law. Admitted to multiple federal courts, I act quickly to protect detained clients and challenge unfair agency actions through litigation. By partnering with leading organizations such as the ACLU and Yale Law School’s Immigration Clinic, I strengthen my clients’ cases and signal their seriousness to the courts. My commitment is rooted in both personal history and a belief in the power of immigration law to change lives forever.”
“Their attention to detail is impressive, as is their patience and in-depth expertise. I would give
anybody who needs an attorney my unqualified recommendation to use Brooks Law. They’re
extremely good value for money as well.”
