The USCIS Hold Policy Is Blocked: What Two Court Orders Mean for Cases From 39 Travel-Ban Countries
The USCIS hold policy that froze pending asylum applications and benefit cases for people from travel-ban countries is no longer in effect. A Rhode Island court vacated the two hold memos on June 5, 2026, and on August 24, 2026 a California court enjoined them for a certified class and ordered USCIS to decide those cases “in the normal course.”
What changed for pending cases?
Slide the switch to compare how USCIS handled these cases under the memos with what the court orders now require.
Dec. 2025 – June 2026
- Every pending Form I-589 asylum application on hold, whatever the applicant’s nationality.
- Pending benefit requests on hold for people born in, or citizens of, a listed country (19 countries, then 39 plus Palestinian Authority documents).
- Re-review of approvals for people from listed countries who entered on or after Jan. 20, 2021.
- No interview waivers for the affected group.
Since June 2026
- PM-602-0192, PM-602-0194 and PA 2025-26 vacated: USCIS says to treat them “as if they are not in effect.”
- For the certified class, USCIS is ordered to adjudicate “in the normal course.”
- Both memos now carry a USCIS banner saying they are no longer in effect due to court orders.
- Ordinary eligibility rules, background checks and interviews still apply.
What was the USCIS hold policy?
A USCIS policy memorandum is internal guidance that tells officers how to handle a type of case. Two memos created the hold. According to PM-602-0192, issued December 2, 2025, officers were to hold every pending asylum application “regardless of the alien’s country of nationality,” hold pending benefit requests for people from the 19 countries named in Presidential Proclamation 10949, and re-review approvals for people from those countries who entered on or after January 20, 2021. The memo listed forms such as I-485, I-90, N-470, I-751 and I-131.
PM-602-0194, issued January 1, 2026, extended the hold to everyone listed in Presidential Proclamation 10998. That proclamation, effective January 1, 2026, kept the earlier restrictions and added more countries. The memo reached people by nationality, country of birth, or citizenship acquired by investment, and people traveling on Palestinian Authority documents. It also listed ten exceptions, including Form I-90 green card replacements, Form N-565, most Form N-600 cases, and initial Form I-765 work permits under category (c)(8).
Which countries are covered?
The Red Eagle class uses the 39 countries in Proclamations 10949 and 10998. The proclamation groups them like this:
| Group in Proclamation 10998 | Count | Countries |
|---|---|---|
| Continued full suspension (sec. 2) | 12 | Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen |
| Continued partial suspension (sec. 3) | 4 | Burundi, Cuba, Togo, Venezuela |
| New full suspension (sec. 4) | 7 | Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, Syria (plus Palestinian Authority travel documents) |
| New partial suspension (sec. 5) | 16 | Angola, Antigua and Barbuda, Benin, Côte d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Turkmenistan, Zambia, Zimbabwe |
Laos and Sierra Leone moved from partial to full suspension. Turkmenistan’s restrictions were narrowed to immigrants only.
How did the hold end? The timeline
Proclamation 10949 restricts entry from 19 countries.
USCIS Policy Alert 2025-26 addresses how the proclamation affects discretionary benefits.
PM-602-0192 starts the hold on all asylum applications and on benefits for the 19 countries.
Proclamation 10998 is signed, effective January 1, 2026, covering 39 countries plus Palestinian Authority documents.
PM-602-0194 extends the hold to the added countries.
Dorcas International Institute of Rhode Island v. USCIS (D.R.I.): the court vacates PM-602-0192, PM-602-0194 and PA 2025-26. Final judgment follows on June 11.
Red Eagle Law, L.C. v. Edlow (N.D. Cal.): the court enjoins both memos, certifies a class, and orders normal adjudication.
USCIS posts the Red Eagle alert and says it will issue updated instructions.
Who is in the Red Eagle class?
According to the USCIS alert of August 28, 2026, the class covers people who:
- are citizens or natives of one or more of the 39 countries in Proclamation 10949 or 10998, or of the Palestinian Authority;
- have a pending I-589 asylum application or another pending USCIS benefit application;
- are subject to the hold in PM-602-0192 or PM-602-0194; and
- had not received a final decision as of the date the class was certified.
The Rhode Island order is broader in one way. It vacated the memos themselves, and USCIS says that vacatur “applies agency-wide.” That includes the asylum hold for applicants of any nationality. The two orders overlap, but they come from different courts on different legal tracks. If one is narrowed on appeal, the other may still apply.
Where does each type of case stand?
| Situation | Under the memos | Now |
|---|---|---|
| Pending I-589, any nationality | Held All asylum applications | Normal process Memo vacated agency-wide |
| Pending I-485, N-400, I-751 or I-131, person from a listed country | Held Pending comprehensive review | Normal process Vacatur, and the class injunction for class members |
| Approved case, entered on or after Jan. 20, 2021 | Re-review Possible interview or re-interview | Memo basis removed Ordinary rules on reopening approvals still apply |
| I-90, N-565, initial (c)(8) work permit | Exempt from Jan. 1, 2026 Exceptions listed in PM-602-0194 | Normal process |
| Visa or entry from abroad | Restricted By the proclamations | Still restricted The orders address USCIS memos, not the proclamations |
What do the orders not change?
The orders block the USCIS hold memos. They do not cancel Proclamations 10949 and 10998, which restrict entry to the United States and are applied when people seek visas abroad or arrive at the border. A person in the United States with a pending case from a listed country should treat international travel with great care, even with advance parole.
Normal vetting also continues. USCIS can still run background and security checks, ask for evidence, schedule interviews, and deny cases that don’t meet the legal requirements. The orders end a blanket pause. They don’t decide any individual case.
The diversity visa hold (PM-602-0193) was a separate memo, handled in a separate case. We covered that order in our post on the 2027 Diversity Visa lottery. For the wider picture on asylum backlogs, see what changed for pending asylum cases in 2026.
What can applicants do now?
- Check whether your case was held. Look at your case history for long stretches with no action after December 2025, especially if you were born in or are a citizen of a listed country, or if you have a pending asylum case.
- Gather your dates. Write down your filing date, receipt number, interview dates and any notices. Note whether your case was still pending on August 24, 2026.
- Ask USCIS about a stalled case. If your case is outside normal processing times, you can submit a case inquiry and mention the Red Eagle and Dorcas orders.
- Keep your file current. Answer any request for evidence (RFE) on time, update your address, and keep your status and work authorization valid while you wait.
- Get advice before you travel or escalate. If a case stays stuck, federal court options such as a mandamus action may be available. An attorney can check whether they fit your facts.
Frequently asked questions
Is the USCIS hold policy still in effect?
No. USCIS says PM-602-0192, PM-602-0194 and Policy Alert 2025-26 should be treated as if they are not in effect, because a Rhode Island federal court vacated them on June 5, 2026. A California court also enjoined both memos on August 24, 2026. USCIS says it disagrees and may seek further judicial review.
Which countries does the Red Eagle class cover?
The class covers citizens or natives of the 39 countries listed in Presidential Proclamations 10949 or 10998, or of the Palestinian Authority. They must have a pending asylum application or other USCIS benefit application that was subject to the hold and had no final decision when the class was certified.
Does the court order lift the travel ban?
No. The orders address USCIS’s internal hold memos for pending applications. The entry restrictions in Proclamations 10949 and 10998 remain a separate matter and still apply to visa issuance and entry. Anyone from a listed country should get advice before traveling abroad, even with a pending case or advance parole.
Will my green card or citizenship case be approved now?
Not automatically. The orders require USCIS to process cases in the normal course instead of holding them. USCIS still applies the usual eligibility rules, security checks, interviews and evidence requests, and it can still deny a case that doesn’t meet the requirements.
My asylum case was held, but I’m not from a listed country. Does this help me?
Yes, potentially. PM-602-0192 held every pending I-589 regardless of nationality. The Rhode Island court vacated that memo, and USCIS says the vacatur applies agency-wide. Asylum offices still schedule interviews according to their own priorities, so timing will vary by office and case.
Can USCIS put the hold back?
It’s possible. USCIS has said it will follow the orders pending possible further judicial review and will issue updated instructions. An appeals court could change the orders, or USCIS could issue new guidance, which would face its own legal challenges. Watch USCIS alerts and check with an attorney if something changes.
Has your case been stuck since late 2025?
We can review your case history, check whether the court orders apply to you, and explain your options for moving it forward.
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- USCIS, “Recent Court Order on Hold Policies” (Red Eagle Law, L.C. v. Edlow), Aug. 28, 2026
- USCIS, “Court Order on Hold Policies” (Dorcas International Institute of Rhode Island v. USCIS), June 12, 2026
- USCIS Policy Memorandum PM-602-0192, Dec. 2, 2025
- USCIS Policy Memorandum PM-602-0194, Jan. 1, 2026
- USCIS Policy Manual updates: Policy Alert, “Impact of INA 212(f) on USCIS’ Adjudication of Discretionary Benefits,” Nov. 27, 2025
- Proclamation 10998, 90 FR 59717 (Dec. 19, 2025)
- Proclamation 10949, 90 FR 24497 (June 10, 2025)
This article is for general information only and is not legal advice. Immigration law changes often and every case depends on its facts. Speak with a licensed immigration attorney about your situation. The description of the court orders is based on USCIS guidance current as of November 8, 2026. Attorney Advertising.