What It Means — And Doesn’t Mean — For Tongans
A United States federal judge has struck down a series of Trump administration policies that had frozen immigration benefit applications for nationals of 39 countries — including Tonga. The ruling is significant, but it does not restore the right for Tongans to apply for visitor visas. Here is a clear breakdown of what has changed, and what has not.
Part 1: The Court Ruling — What the Judge Decided
On Friday 5 June 2026, Chief U.S. District Judge John McConnell Jr. of the U.S. District Court in Rhode Island issued a sweeping 135-page ruling, vacating multiple Trump administration immigration directives. The court found that U.S. Citizenship and Immigration Services (USCIS) had acted unlawfully by imposing blanket freezes on immigration benefit applications without proper authority from Congress.
Judge McConnell found the policies had “thrown the lives of countless immigrants living in the United States into indeterminate legal limbo,” and ruled they were driven by “anti-immigrant sentiments” rather than genuine national security grounds.
The ruling requires USCIS to immediately resume processing all pending immigration benefit applications for nationals from all 39 travel ban countries. This covers green cards, asylum claims, work permits, citizenship applications, and naturalization ceremonies that were cancelled or frozen.
Part 2: Two Separate Legal Instruments — A Critical Distinction
To understand what this ruling does and does not change for Tongans, it is essential to understand that TWO separate legal instruments are in play. Many people are confusing them.
INSTRUMENT 1: The Presidential Travel Ban Proclamation
Signed by President Trump on 16 December 2025. Effective 1 January 2026. This is an Executive Proclamation — it bans the issuance of new visitor (B-1/B-2), student (F, M), and exchange (J) visas to Tongan nationals by the U.S. Department of State. It also bans all new immigrant visas. This proclamation is STILL IN FULL LEGAL EFFECT. The court ruling did NOT strike this down.
INSTRUMENT 2: The USCIS Internal Adjudication Pause
An internal USCIS administrative policy enacted in late November 2025. This froze the processing of immigration benefit applications — such as green cards, asylum, work permits, and citizenship — for people ALREADY INSIDE the United States from the 39 listed countries. THIS is what the court ruling struck down. USCIS must now resume processing those applications.
Part 3: Can Tongans Apply for a Visitor Visa?
Short Answer: No — not at this time.
The travel ban proclamation — which is an entirely separate instrument from the USCIS policy the court struck down — suspended the issuance of B-1/B-2 visitor and tourist visas to Tongan nationals as of 1 January 2026. This has not been overturned by the court ruling.
The U.S. Department of State itself confirmed the partial suspension of visa issuance for Tonga covering: tourist and business visitor visas (B-1/B-2), academic student visas (F), vocational student visas (M), and exchange visitor visas (J), as well as all immigrant visas.
There are very narrow exceptions. Tongans who hold dual citizenship and can apply using a passport from a country not on the restricted list are exempt. Diplomats, U.S. embassy employees, and individuals whose travel is determined to serve the U.S. national interest may also qualify in rare cases.
Part 4: Who Does the Ruling Actually Help?
The court ruling primarily benefits Tongans and other nationals from the 39 listed countries who are already living inside the United States with pending immigration applications that were frozen. Specifically:
■ Tongans in the US waiting for a green card application to be processed — USCIS must now resume their cases.
■ Tongans in the US whose asylum claims were suspended — those claims must now be adjudicated.
■ Tongans in the US whose work permit renewals or citizenship applications were frozen — those must now proceed.
■ Tongans who had approved immigration benefits and were being subjected to a second review under the new USCIS policy — that second review requirement has been struck down.
■ Naturalization ceremonies that were cancelled for eligible Tongan applicants — those must be rescheduled.
Part 5: What the Ruling Does NOT Change
■ Tongans in Tonga wanting to apply for a tourist or visitor visa to the US — still blocked under the travel ban proclamation.
■ Tongans seeking new student visas (F or M) — still blocked.
■ Tongans seeking exchange visitor visas (J visa) — still blocked.
■ Tongans seeking any new immigrant visa from outside the US — still blocked.
■ Tongans already in the US on temporary visas who leave the country — at serious risk of not being allowed back in.
Part 6: Will This Change? What Happens Next?
The Trump administration is widely expected to appeal the ruling. The case may move to the U.S. Court of Appeals for the First Circuit and potentially the Supreme Court. The ruling currently stands as a vacatur of the USCIS policies, meaning it takes immediate effect — but a higher court could issue a stay while the appeal proceeds.
Separately, the travel ban proclamation itself remains subject to legal challenge in other courts. Several lawsuits targeting the proclamation directly are working through the U.S. court system. However, until a court specifically strikes down the proclamation — or the Trump administration removes Tonga from the list — visitor visas for Tongan nationals remain suspended.
For context, Tonga was placed on the list primarily due to a B-1/B-2 visa overstay rate of 6.45 percent, representing just 152 suspected overstays out of approximately 2,350 Tongan visitors — a figure widely criticised by legal experts as insufficient to justify a blanket visa suspension.
SUMMARY: AT A GLANCE
Ruling Date: Friday, 5 June 2026 — U.S. District Court, Rhode Island
Judge: Chief Judge John McConnell Jr.
What Was Struck Down: USCIS internal freeze on immigration benefit processing for 39-country nationals
What Is Still in Force: Trump travel ban proclamation (Dec 2025) — blocks new visitor, student & immigrant visas for Tongans
Visitor Visa for Tongans: STILL SUSPENDED — the court ruling does not restore this
Who Benefits: Tongans already in the US with frozen green card, asylum, work permit or citizenship applications
Trump Appeal Expected: Yes — ruling may be stayed pending appeal
Advice: Consult a licensed U.S. immigration attorney before making any travel or application decisions
EDITORIAL NOTE
88.1 FM — People’s Radio Tonga urges all Tongans affected by U.S. travel and immigration restrictions to seek advice from a licensed U.S. immigration attorney before making any decisions about travel, visa applications, or departing the United States. The legal situation is complex and subject to rapid change.
