What Did the 2026 Court Order Change About USCIS Hold Policies?

This article gives general legal information. It is not personalized legal advice. Reading it does not create an attorney-client relationship. For advice about your own situation, contact Vasquez Law Firm.

What did the 2026 court order change about USCIS hold policies?

On August 24, 2026, the U.S. District Court for the Northern District of California issued an order that stopped two USCIS policy memoranda, PM-602-0192 and PM-602-0194. These memoranda had put holds on deciding certain immigration benefit applications. The court told USCIS to start deciding these applications as usual instead of delaying them under the hold policies.

This ruling stopped USCIS from using hold policies based on Presidential Proclamations 10949 and 10998. These proclamations limited entry from 39 countries and the Palestinian Authority. The court also approved a group of affected applicants to take part in the lawsuit together.

The policy memoranda were issued in late 2025 and early 2026. They aimed to improve national security checks by pausing decisions for some applicants from the listed countries. The court’s order means USCIS must now process these applications without the holds, while the court reviews the case further.

The court’s order says:

"USCIS is ordered to adjudicate applications in the normal course of USCIS’ process." (Source: USCIS, https://www.uscis.gov/newsroom/alerts/recent-court-order-on-hold-policies)

This decision is a big change in how USCIS handles applications from people of the affected countries. It brings back the agency’s earlier processing times and methods.

Who is affected by the new USCIS court order on hold policies?

The court-approved group includes people who meet all these conditions: they are citizens or natives of one or more of the 39 countries listed in Presidential Proclamations 10949 or 10998 or the Palestinian Authority; they have a pending asylum application (Form I-589); or they have another type of benefit application pending with USCIS that was subject to the hold policies PM-602-0192 or PM-602-0194 and had not received a final decision when the group was approved.

This affects thousands of applicants across the country, including many in Raleigh, NC. Raleigh has immigrants from several of the restricted countries. The hold policies delayed decisions for these applicants. This caused long waits and uncertainty.

Specifically, asylum seekers from the listed countries who filed Form I-589 could not have their cases decided under the hold policies. Also, applicants for other immigration benefits like adjustment of status under 8 U.S.C. A7 1255 or work authorization under 8 CFR A7 274a.12 faced delays.

In Raleigh, NC, and Orlando, FL (where our Florida office is), many clients from these countries had long delays because of the hold policies. The court order now lets USCIS return to normal processing. This will help these applicants by cutting wait times.

The group approval means affected applicants can seek relief together instead of filing separate lawsuits. But the court order does not apply to applicants outside this group or those whose cases were decided before the hold policies.

What does the law say about USCIS hold policies and adjudication?

USCIS’s power to decide immigration benefit applications comes from laws like 8 U.S.C. A7 1255 (adjustment of status) and rules including 8 CFR A7 245.1. These laws require USCIS to process applications on time and give applicants due process, which means fair treatment under the law.

The hold policies PM-602-0192 and PM-602-0194 were made by USCIS after Presidential Proclamations 10949 and 10998. These proclamations limited entry from certain countries to protect national security. The memoranda told USCIS to pause decisions on applications from people of these countries while doing extra security checks.

The court found these hold policies delayed decisions unlawfully without good reason. The court stopped these policies. The order said USCIS must decide applications "in the normal course," following the law.

As the court order says:

"USCIS is ordered to adjudicate applications in the normal course of USCIS’ process." (Source: USCIS, https://www.uscis.gov/newsroom/alerts/recent-court-order-on-hold-policies)

The court’s ruling shows the conflict between executive orders for national security and the legal rights of applicants under immigration law. USCIS must now balance these interests by processing applications without unnecessary delay.

What should you do if your application was affected by the USCIS hold policies?

If you have an immigration benefit application or asylum claim waiting with USCIS and you are from one of the 39 countries listed in the presidential proclamations or the Palestinian Authority, you should check if your case was affected by the hold policies PM-602-0192 or PM-602-0194.

At our Raleigh, NC and Orlando, FL offices, we often see clients who waited months or more because of these hold policies. Many do not know if their cases will now move forward or if there will be more delays. The court order means USCIS must start processing again, but you should stay active.

Here are steps to take:

1. Check with USCIS or your lawyer if your application was affected by the hold policies and is part of the court-approved group.
2. If your case was on hold, ask about its current status and when it might be decided.
3. Prepare or update any documents needed for your case as it moves forward.
4. Talk to an experienced immigration lawyer, especially if you have questions about how the court order affects your case.
5. Watch USCIS announcements and policy updates, as there may be more court cases or changes.

Below is a table with key dates and policies involved:

Following these steps can help you stay informed and ready as USCIS resumes processing your application.

What happens next with the USCIS hold policies and litigation?

After the August 24, 2026 court order, USCIS said it will follow the order and resume processing applications normally. But the agency also said it disagrees with the court’s decision and may ask the court to review it again.

The court approved a group of affected applicants to continue the lawsuit together. This means the case will go on and may lead to more court decisions or settlement talks.

USCIS said it will give new instructions to its officers while the case continues. Applicants should watch for official USCIS news about new rules or policy changes.

The court order explains:

"USCIS strongly disagrees with the Courts order but will follow its terms pending possible further judicial review." (Source: USCIS, https://www.uscis.gov/newsroom/alerts/recent-court-order-on-hold-policies)

Applicants in Raleigh, NC and Orlando, FL should watch their case status and talk to a lawyer if they get notices or requests from USCIS. The lawsuit’s result may affect future USCIS policies on security checks and hold policies.

Frequently Asked Questions about the 2026 USCIS Hold Policy Court Order

Who qualifies for the class certified by the court in the hold policy lawsuit?

The class includes individuals who are citizens or natives of the 39 countries listed in Presidential Proclamations 10949 or 10998, or the Palestinian Authority, and who have pending asylum (I-589) or other USCIS benefit applications subject to the hold policies PM-602-0192 or PM-602-0194 that had not been adjudicated as of the class certification date.

Does the court order mean USCIS will immediately approve my application?

No. The order requires USCIS to resume adjudicating applications in the normal course, but it does not guarantee approval. Your case will be processed according to existing laws and policies, including eligibility requirements under statutes like 8 U.S.C. A7 1255.

Can applicants outside the 39 countries or Palestinian Authority benefit from this court order?

No. The injunction specifically applies to applicants from the listed countries and Palestinian Authority whose cases were subject to the hold policies. Others are not included in the certified class or affected by this order.

What should I do if my case was delayed by these hold policies?

You should check your case status with USCIS, consult an immigration attorney, and prepare any documentation needed for adjudication. The court order allows USCIS to process your case now, but staying proactive is important.

Will USCIS change its policies again after this court order?

USCIS may seek further judicial review or issue updated instructions. The agency has stated it disagrees with the court order but will comply pending further litigation. Applicants should monitor USCIS announcements and consult legal counsel.

This article gives general legal information. It is not personalized legal advice. Reading it does not create an attorney-client relationship. For advice about your own situation, contact Vasquez Law Firm.

Reviewed by William Vasquez, Founder & CEO, Vasquez Law Firm, PLLC.

If you need legal help, learn more about how our immigration attorneys can help, or call us at 1-844-967-3536 for a free evaluation.