On August 24, 2026, the U.S. District Court for the Northern District of California issued an order blocking two USCIS policy memoranda that had imposed adjudication holds on asylum and benefit applications. The court also certified a class action, meaning the ruling applies to all similarly situated applicants, not just the named plaintiffs. USCIS has announced it will comply with the order pending further judicial review.
What changed
The Northern District of California (Judge CRB, case 26-cv-04850-CRB) enjoined PM 602-0192 (issued December 2, 2025) and PM 602-0194 (issued January 1, 2026). These memoranda had imposed holds on benefit adjudication based on Presidential Proclamations 10949 and 10998, which restricted entry and required enhanced screening for nationals of 39 designated countries.
The court certified a class covering individuals who:
- Are citizens or natives of one or more of the 39 countries listed in Proclamations 10949 or 10998, or the Palestinian Authority; AND
- Are seeking asylum via I-589, or otherwise have any benefit application pending with USCIS; AND
- Have a benefit application subject to the hold imposed by PM 602-0192 or PM 602-0194 that has not received final adjudication as of the certification date.
USCIS is now ordered to “adjudicate applications in the normal course of USCIS’ process.” The agency stated it “strongly disagrees” with the order but will comply pending further litigation.
Why it matters
This order reverses the adjudication freeze for a potentially large class of applicants. If your client is a national of one of the 39 countries and has an I-589 (asylum application) or any other benefit application (I-485, I-140, I-765, I-131, N-400, etc.) that was held under these policies, that application must now be adjudicated under normal USCIS timelines.
Immediate effects:
- Applications should no longer be queued or flagged solely on country-of-origin grounds under these two memoranda.
- Processing times revert to standard USCIS norms, not indefinite hold status.
- The class action designation means individual applicants do not need to file separate litigation; the court’s order is systemwide.
- USCIS indicated it will issue “updated instructions pending further litigation developments,” so guidance may shift again if the agency appeals or if the order is stayed.
Practice traps:
- Do not assume the hold is lifted for every client. Verify your client’s country of origin against the list in Proclamations 10949 and 10998. If your client is not listed, the hold may still apply.
- The order is not final; an appeal or stay is possible. Plan for potential reversal.
- Some applications may face separate, unrelated holds (security clearance, name-check, etc.). This order does not affect those.
Way forward
- Review your pending cases today. Identify all clients with country origins matching the 39-country list and applications filed but not yet adjudicated under PM 602-0192 or PM 602-0194.
- Follow up with USCIS. Contact the service center or field office handling the case. Cite the court order and request confirmation that the hold has been lifted and normal adjudication resumed.
- Monitor for USCIS guidance. USCIS has committed to issuing updated instructions. Check the USCIS Policy Manual and newsroom for revised PM 602-0192 and PM 602-0194 or new policy statements.
- Prepare for further appeal. If USCIS seeks a stay or reversal, the court order may be suspended. Advise clients in writing that policy can change and prepare contingency litigation or filing strategies.
Disclaimer
This article is not legal advice. Fola is a software platform, not a law firm. Immigration law is fact-specific and precedent changes rapidly. Verify this summary against the primary source linked above and consult a licensed immigration attorney before relying on this information for any specific case. Court orders may be stayed, reversed, or appealed, and USCIS policy may be updated without public notice.