Immigration attorney Willy Allen warned in an interview with CiberCuba that, despite the recent court ruling ordering the reactivation of thousands of immigration processes frozen by the United States Citizenship and Immigration Services (USCIS), applicants still face uncertainty due to the possibility that the Trump administration may appeal the decision.
During his weekly program alongside Tania Costa, Allen explained that the resolution issued last Friday by federal judge John McConnell represents a significant victory for the immigrants affected by the migration pause imposed since January 2026, but he clarified that the legal battle is not over yet.
"Nothing changes, but I believe it is such a strong and well-written decision that it gives me a lot of confidence, and the outcome will be positive," he stated.
The ruling, consisting of 135 pages, concluded that USCIS exceeded its authority by halting the adjudication of various immigration benefits for citizens from 39 countries, including Cuba, Venezuela, and Haiti. According to the court decision, the measures violated both the Administrative Procedure Act and the Immigration and Nationality Act.
The order requires USCIS to resume processing applications that have been frozen for more than five months, including cases related to permanent residency, work permits, naturalization, asylum, and certain employment visas.
However, Allen recalled that the Trump administration has already shown signs that it might try to reverse the decision.
The lawyer pointed out that recent statements from presidential advisor Stephen Miller suggest that the government intends to continue the legal dispute. Although an appeal had not yet been formally filed at the time of his comments, Allen believes it is likely that the case will reach the First Circuit Court of Appeals and eventually the Supreme Court.
Still, he emphasized that as long as there is no court order suspending the Rhode Island ruling, USCIS is legally obligated to comply with it.
“At this moment, there is a federal order stating that they must resume it, and until there is an appeal and that appeal suspends the judge's order, they have to continue doing it,” he explained.
During the broadcast, a viewer claimed to have received information from USCIS indicating that some procedures had started to move again. Although Allen considered this report positive, he insisted that it will be necessary to observe in the coming days whether the agency effectively resumes large-scale case processing.
The court decision comes as a relief for thousands of immigrants who had been in a migratory limbo since the beginning of the year, many of whom are Cubans waiting for answers regarding residency applications, work permits, or other benefits.
However, Allen warned that the litigation is still far from over and advised those affected to stay alert to any actions taken by the Trump administration in the courts.
"At this moment, I believe we are still fighting," the lawyer concluded.
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