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Perplexity ChatGPT Claude Gemini

Federal Court Deals Another Blow to USCIS Adjudication Freeze: What the New Order Means for Applicants

Perplexity ChatGPT Claude Gemini
Federal Court Deals Another Blow to USCIS Adjudication Freeze: What the New Order Means for Applicants

For nearly nine months, tens of thousands of immigration applicants from dozens of countries have lived in a peculiar kind of limbo. Their cases were filed and fees were paid, sometimes even interviews attended, yet the processing was frozen indefinitely with no decision in sight. On August 28, 2026, U.S. Citizenship and Immigration Services confirmed that a federal court has once again ordered the agency to start moving those cases again, in what is now the second major judicial defeat for the policy in under three months.

Here, our EB-1A consultants have zoomed into this important news and discussed all the nuances.

What the court actually ordered

In an alert titled "Recent Court Order on Hold Policies," USCIS stated that on August 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, No. 26-cv-04850-CRB, "enjoining PM 602-0192, and PM 602-0194." The agency confirmed that it "is ordered to adjudicate applications in the normal course of USCIS' process."

The order, signed by Judge Charles R. Breyer, did more than block the two policies. It also certified a class of affected applicants. Per the USCIS alert, the certified class covers citizens or natives of the 39 countries listed in Presidential Proclamations 10949 or 10998, or of the Palestinian Authority, who either have a Form I-589 asylum application pending, or another benefit application pending with USCIS that was subject to the hold and had not received a final decision as of class certification.

According to reporting on the ruling, the court also set a 30-day window for USCIS to decide the named plaintiffs' applications. USCIS made clear it is not backing down quietly: its own alert states it "strongly disagrees" with the order but will comply pending possible further judicial review.

The policies at the center of the fight

The two memoranda now enjoined trace back to late 2025. PM-602-0192, dated December 2, 2025, was titled "Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries." It directed USCIS to:

  • hold all pending asylum applications regardless of nationality,
  • freeze benefit requests for individuals from the affected countries, and
  • re-review previously approved cases.

Moreover, PM-602-0194, issued January 1, 2026, extended that hold to additional countries.

According to independent legal coverage, the freeze reached far beyond asylum. Its impact was felt in:

  • adjustment of status applications,
  • employment authorization renewals, and
  • naturalization filings, among others.

Not the administration's first defeat on this front

This is not the first time a federal court has struck down the freeze. On June 5, 2026, Chief Judge John J. McConnell Jr. of the U.S. District Court for the District of Rhode Island ruled in Dorcas International Institute of Rhode Island v. USCIS, No. 1:26-cv-00132, that four related USCIS policies were unlawful under the Administrative Procedure Act. When the government sought a stay, the Rhode Island court denied it, and the case moved to the First Circuit, which on August 14, 2026, declined the government's emergency request to pause the vacatur.

Judge Breyer reportedly did not treat the question as close, observing that the government has "faced loss after loss in other courts on this very issue, including before this Court," and that his court "once again" joins them.

Because the Red Eagle Law injunction stands independently of the Dorcas litigation, there are now, in effect, two separate nationwide orders blocking the hold policies. In other words, the class members will retain protection regardless of how the Dorcas appeal ultimately resolves.

What this means and doesn't mean for the applicants

Our EB-1A attorney friends caution that an injunction is not the same as a favorable outcome. USCIS being ordered to adjudicate "in the normal course" can result in an approval, a request for evidence, an interview notice, or a denial. In other words, the order addresses whether a case moves, not how it will ultimately be decided.

The road ahead

With USCIS signaling it may pursue further judicial review even as it complies with the current order, the legal fight over these hold policies is unlikely to be fully settled soon. For now, though, the practical reality for thousands of applicants is that their cases are, at least on paper, back in motion.

At GCEB1, our EB-1A experts are staying tuned to all the crests and troughs of the US immigration policies. For personalized guidance on US permanent residency, get in touch with us. We wish you a safe and stress free immigration journey ahead.

Frequently asked questions

1. What did the August 24, 2026 court order actually do?

It enjoined two USCIS policy memoranda, PM-602-0192 and PM-602-0194, that had frozen adjudication of certain immigration benefit applications, and ordered USCIS to resume processing those applications in the normal course of its process.

2. Who is covered by the certified class?

The class covers citizens or natives of the 39 countries listed in Presidential Proclamations 10949 or 10998, or the Palestinian Authority, who either have a pending Form I-589 asylum application or another USCIS benefit application that was subject to the hold and hadn't received a final decision as of class certification.

3. What were PM-602-0192 and PM-602-0194?

PM-602-0192 (December 2, 2025) directed USCIS to hold and re-review pending asylum and benefit applications from individuals connected to designated high-risk countries. PM-602-0194 (January 1, 2026) extended that hold to additional countries.

4. Which types of applications were affected by the freeze?

Reporting on the litigation indicates the hold reached asylum applications, adjustment of status filings, employment authorization renewals, and naturalization applications, among other benefit types.

5. Is this the first court ruling against these policies?

No. A Rhode Island federal court struck down four related USCIS policies on June 5, 2026, in Dorcas International Institute of Rhode Island v. USCIS, and the First Circuit declined to stay that ruling on August 14, 2026.

6. Does USCIS agree with the new ruling?

No. USCIS's own alert states the agency "strongly disagrees" with the order but will comply with its terms while it considers further judicial review.

7. Does an order to "adjudicate in the normal course" guarantee approval?

No. It means a case will move forward toward some decision (an approval, a request for evidence, an interview notice, or a denial) not that any particular outcome is guaranteed.

8. What should someone with a previously frozen case do?

Attorneys following the case advise keeping copies of all notices received, ensuring USCIS has a current mailing address on file, and consulting an immigration attorney to determine whether a specific case fits the certified class and to prepare for possible response deadlines on a resumed case.

9. Could this ruling still be overturned?

Possibly. USCIS has signaled it may seek further judicial review, and the case is part of an evolving cluster of litigation, so the current posture is not guaranteed to remain unchanged.

 

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