Recent Court Order on Hold Policies

Key changes

On Aug. 24, 2026, the U.S. District Court for the Northern District of California issued an order in Red Eagle Law, L.C., et al. , v. Joseph B. Edlow , 26-cv-04850-CRB (NDCA), enjoining PM 602-0192, and PM 602-0194. USCIS is ordered to adjudicate applications in the normal course of USCIS’ process.

Further, the Court granted plaintiff’s motion for class certification. The Court certified the class below in this action of individuals who:

(1) Are citizens or natives of one or more of the 39 countries listed in Presidential Proclamations 10949 or 10998, or the Palestinian Authority; and

(2) Who are seeking asylum with an I-589 application pending; or

(3) Otherwise have a benefit application pending with U.S. Citizenship and Immigration Services;

(4) That is subject to the adjudication hold imposed by USCIS Policy Memorandum PM-602-0192 (Dec. 2, 2025) or PM-602-0194 (Jan. 1, 2026) that has not received final adjudication as of the date of class certification.

USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review.

The Policy Memoranda 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 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States , Dec. 16, 2025, and to enhance the screening and vetting process, as well as address threats to national security and public safety.

USCIS will issue updated instructions pending further litigation developments.