The U.S. Citizenship and Immigration Services (USCIS) publicly acknowledged the court order requiring it to reactivate thousands of suspended immigration processes, including those for Cuban citizens, and stated that it will comply with the ruling despite its disagreement.
The official statement from the agency confirms that on August 24, the District Court for the Northern District of California issued an order in the case Red Eagle Law, L.C., et al. v. Joseph B. Edlow that prohibits USCIS from continuing to implement two internal memoranda that had stalled files of nationals from 39 countries, including Cuba.
What does USCIS say in its official statement?
The agency was straightforward in its stance: “USCIS strongly disagrees with the court's order, but will comply with its terms while a potential further judicial review is evaluated.”
At the same time, he acknowledged the central instruction from Judge Charles R. Breyer: “USCIS is ordered to adjudicate the applications in the normal course of the agency's process.”
The statement also announces that the agency "will issue updated instructions as the developments of the litigation progress", indicating that the legal process is far from over and that new changes could occur depending on the outcome of a potential appeal.
The memoranda that froze thousands of files
The disputed documents —identified as PM-602-0192 and PM-602-0194— are at the heart of the conflict.
The first, published on December 2, 2025, ordered the indefinite pause of the adjudication of asylum applications (I-589), permanent residency (I-485), work permits (I-765), citizenship (N-400), and other benefits for nationals of countries classified as "high risk."
The second one, dated January 1, 2026, extended that pause by incorporating the countries added by Presidential Proclamation 10998.
The document itself summarizes the situation: "The plaintiffs are a group of approximately 400 citizens or nationals from 38 countries. Due to the memoranda and the subsequent inaction of USCIS, the applications remain frozen, based solely on their nationalities."
Cuba, among the 39 countries protected by the ruling
The court certified a nationwide class action lawsuit.
To be eligible, the applicant must be a citizen or national of one or more of the 39 countries listed in Presidential Proclamations 10949 or 10998, or possess documents from the Palestinian Authority; have an ongoing process with USCIS; and that case must have been frozen by the questioned memos without a final adjudication.
Cuba is on that list alongside Venezuela, Haiti, Iran, Syria, and Nicaragua. As it becomes a class action, the protection can extend far beyond the original 400 claimants to include all nationals from those countries who meet the requirements.
A ruling that does not expedite cases or guarantee approvals
It is essential to understand the limits of the order.
Judge Breyer did not set deadlines for resolving the cases: the plaintiffs had requested answers within ten days for work permits and within sixty days for other processes, but that request was denied.
The instruction is to return the cases to the regular review process.
USCIS retains full authority to conduct security checks, request additional documentation, and approve or deny each application in accordance with current laws.
The ruling does not eliminate the existing entry restrictions nor does it guarantee the automatic approval of any benefits.
A series of judicial setbacks for USCIS policies
The ruling from August is the most recent in a series of setbacks to the restrictive immigration policies of the Trump administration.
The most direct precedent was the judicial order of June 5, 2026 from Judge John J. McConnell Jr. of the District of Rhode Island, who, in a 135-page ruling, declared the same memoranda illegal and was unequivocal:
"More than six months ago, USCIS implemented a series of policies that threw the lives of countless immigrants living in the United States into an indefinite legal limbo."
After that ruling, a federal judge blocked the administration's attempt to once again freeze the applications in July, and on July 22, USCIS confirmed that it was resuming the processing of benefits for Cubans and Venezuelans.
The new ruling from California reinforces that protection through the certified class action lawsuit, although the agency has made it clear that it will seek further judicial review.
Este fallo judicial es parte de un panorama migratorio en constante cambio. Sigue todas las novedades sobre trámites, decisiones de USCIS y políticas que afectan a los cubanos en nuestra sección de
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