USCIS Ordered to Lift Holds for 39 Countries

A federal court has ordered U.S. Citizenship and Immigration Services to stop enforcing two policy memoranda that placed holds on certain applications. The U.S. District Court for the Northern District of California issued the injunction on August 24, 2026, in the case Red Eagle Law, L.C., et al. v. Joseph B. Edlow.

USCIS must now adjudicate the affected applications through its normal process. The court also granted class certification to a group of plaintiffs, defining a specific class of individuals covered by the order.

The Certified Class

The class includes individuals who are citizens or natives of one of the 39 countries listed in Presidential Proclamations 10949 or 10998, or the Palestinian Authority. To be part of the class, these individuals must have either a pending asylum application (Form I-589) or another pending benefit application with USCIS.

Critically, their application must have been subject to an adjudication hold under Policy Memorandum PM-602-0192 from December 2, 2025, or PM-602-0194 from January 1, 2026. The hold must still have been in effect, with no final adjudication, as of the date the class was certified.

Agency Response and Policy Origin

In a statement on its website, USCIS said it "strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review." This indicates the agency may pursue an appeal.

The two policy memoranda at the center of the case were created to implement presidential proclamations. The agency stated the memos were issued based on Presidential Proclamation 10949 from June 4, 2025, and Presidential Proclamation 10998 from December 16, 2025, to enhance the screening and vetting process, as well as address threats to national security and public safety.

Next Steps for Applicants

For applicants who fall within the certified class, the court's injunction means their cases should no longer be paused under the cited policy memos. USCIS is now required to process these applications. The agency noted it "will issue updated instructions pending further litigation developments." This suggests that guidance for officers adjudicating these cases may be forthcoming, but its content will depend on whether the government appeals the district court's decision.

The outcome represents a significant legal challenge to immigration policies enacted in late 2025 and early 2026. The court's willingness to certify a class and issue an injunction signals a finding that the plaintiffs demonstrated a likelihood of success on the merits of their case. USCIS has not provided a timeline for when the affected applications will be adjudicated following the lift of the hold.