USCIS Lawsuit: The Processing-Hold Cases and What Is Pending Now
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There is no single USCIS lawsuit. The cases in the news are challenges to USCIS policies that froze green card, work permit, asylum and citizenship applications for nationals of 39 travel-ban countries. Courts in Rhode Island and California ruled against the hold in June and August 2026. Two newer suits, filed in September and October 2026, challenge a green card policy and a form change. None of these cases pays money. There is no settlement, no claim form and no deadline.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Challenge
Starting with a December 2, 2025 policy memorandum, USCIS put a hold on all pending asylum applications (Form I-589) and paused benefit requests for nationals of countries named in the travel-ban proclamations. The hold was set out in memos PM-602-0192 and PM-602-0194.
The lawsuits allege the hold violates immigration law and the Administrative Procedure Act. The government says it was a national-security measure. A second wave of suits targets newer rules: a May 2026 memo that treats adjustment of status as “extraordinary” relief, an August 2026 policy allowing denials without a request for evidence, and new editions of Form I-864 that, AILA alleges, USCIS required without advance notice.
Case Details
Dorcas International Institute of Rhode Island v. USCIS, No. 1:26-cv-00132 (D.R.I.), filed March 5, 2026 by resettlement agencies and unions including SEIU and the UAW, before Chief Judge John J. McConnell, Jr. The government’s appeal is No. 26-1703 in the First Circuit.
Red Eagle Law, L.C. v. Edlow, No. 3:26-cv-04850 (N.D. Cal.), filed May 21, 2026, before Senior Judge Charles R. Breyer. This is the class action lawsuit USCIS lost in August.
Doe v. Trump, No. 1:25-cv-13946 (D. Mass.), before Judge Julia E. Kobick.
American Association of University Professors v. Mullin, No. 1:26-cv-14527 (D. Mass.), filed October 5, 2026.
AILA v. USCIS, No. 1:26-cv-03094 (D.D.C.), filed September 3, 2026, before Judge Timothy J. Kelly.
Status as of October 2026: Hold Struck Down, Appeal Pending
The class action. On August 24, 2026 Judge Breyer certified a nationwide class and issued a preliminary injunction against the hold. USCIS said it “strongly disagrees” but will follow the order while it appeals.
The newest suits. As of October 2026 the adjustment-of-status case and the I-864 form case are at an early stage, with no ruling found.
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Who Is Covered
The Red Eagle class covers nationals of the 39 countries listed in Proclamations 10949 or 10998, plus holders of Palestinian Authority documents, whose pending asylum or benefit applications were held under PM-602-0192 or PM-602-0194. That includes asylum claims on Form I-589 and requests such as green card or work permit filings. You do not sign up; class membership is automatic.
The adjustment-of-status case matters to anyone with a pending or planned Form I-485. The plaintiffs cite the complaint’s figure that about 57% of people who got permanent residence in FY 2024 did so through adjustment of status.
One caution: a case moving again is not the same as an approval. USCIS can still request evidence or deny.
Is There Money? No
How cases like this one end
Our copy of the federal courts’ own case database covers 11,430 federal civil cases of this typeclosed in U.S. federal district courts between 2015 and 2026, 1% of them filed as class actions:
- 11.8% ended in a settlement recorded by the court. Another 33.2% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 11.8% and 45%.
- 15.2% were decided on a motion before any trial.
- 1 in 476 reached a trial (0.2%), after a median of 19.1 months.
- Median time from filing to the end of the case: 5.5 months.
- Almost none record a money award in this data (17 of 11,430), and the recorded figures are capped, so we do not publish an average.
These are base rates for this type of case — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
USCIS Lawsuit Timeline
- 1
December 2, 2025 — The Hold Begins
A USCIS policy memorandum holds all pending asylum applications and pauses benefit requests for nationals of travel-ban countries.
- 2
March 5, 2026 — Dorcas Filed in Rhode Island
Resettlement agencies and unions sue USCIS and DHS under the Administrative Procedure Act, No. 1:26-cv-00132.
- 3
April 30, 2026 — First Ruling in Boston
In Doe v. Trump, Judge Kobick finds the hold likely unlawful and orders it lifted for 22 individual applicants.
- 4
June 5, 2026 — Hold Declared Unlawful
Chief Judge McConnell vacates the hold and related policies. The government appeals to the First Circuit, No. 26-1703.
- 5
August 24, 2026 — Class Certified
In Red Eagle Law v. Edlow, Judge Breyer certifies a class of affected applicants and enjoins the hold memos.
- 6
September–October 2026 — New Suits
AILA sues over the I-864 form change on September 3; university and labor groups challenge the adjustment-of-status policy on October 5.
Three Things to Watch For
Frozen files and court wins in the news are an opening for people selling shortcuts:
“USCIS lawsuit settlement” payment offers
No USCIS case here has a settlement or a fund. A message saying you are owed money from the USCIS lawsuit, and asking for an A-number or bank details to release it, is not from a court administrator.
Fees to “join the class” or unlock your file
Membership in the Red Eagle class is automatic. Nobody can sell you a place in it, and no fee speeds up how USCIS applies the court order to your case.
Calls posing as USCIS after the ruling
Callers who know you are from an affected country may claim your case was reopened and that a payment is needed to keep it moving. Check your case status only through your own USCIS online account or your attorney.
USCIS Lawsuit — Questions People Actually Ask
Is there a USCIS class action lawsuit I can join for money?
No. The main USCIS class action lawsuit, Red Eagle Law v. Edlow, asks the court to stop the processing hold, not to pay damages. Class members are included automatically. There is no claim form and no deadline.
Did the court end the 39-country hold?
Largely, yes. The Rhode Island court vacated the hold on June 5, 2026, and USCIS said on June 12, 2026 it would pause those policies. The California class injunction of August 24, 2026 adds a second order. The government’s appeal, No. 26-1703, is pending as of October 2026.
Does the ruling mean my application will be approved?
No. It means the case should be decided under normal procedures instead of sitting on hold. USCIS can still request more evidence or deny on the merits.
Can an immigrant file a lawsuit?
Yes. Doe v. Trump was brought by individual applicants, and the Red Eagle complaint lists dozens of named applicants alongside a law firm. Federal courts hear these suits under the Administrative Procedure Act.
Can I file a lawsuit against USCIS over delays in my own case?
Individuals do bring a lawsuit against USCIS over delays, usually as a mandamus or APA claim asking a judge to order a decision. Our mandamus lawsuit guide explains how those work. If you are in the Red Eagle class, check first whether that order already covers you.
What is the new lawsuit about green cards?
American Association of University Professors v. Mullin, filed October 5, 2026 in Boston, challenges memo PM-602-0199 of May 21, 2026, which treats adjustment of status as extraordinary relief, and an August 2026 policy allowing denials without a request for evidence. The plaintiffs argue applicants could be pushed to leave the country for consular processing. No ruling yet.
Why did lawyers sue over Form I-864?
USCIS published a new I-864 edition on August 31, 2026 that includes consent for USCIS to get information from consumer reporting agencies. AILA sued on September 3, 2026. USCIS’s notice provides a 30-day grace period for the old edition; from October 1, 2026 it accepts only the new edition.
Is there an update on the visa pause for 75 countries?
That is a separate matter this page does not cover. The rulings here concern applications filed with USCIS inside the United States; the Rhode Island court’s decision did not change the travel bans themselves. For visa issuance abroad, follow the State Department.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.