The U.S. Citizenship and Immigration Services (USCIS) publicly acknowledged the court order requiring it to reactivate thousands of frozen immigration processes, including those of Cuban citizens, and stated that it will comply with the ruling, although it disagrees with it.
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 enforce two internal memoranda that had halted cases for 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 additional 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 in the litigation progress”, indicating that the legal process is far from over and that new changes may occur depending on the outcome of a potential appeal.
The memorandums that froze thousands of files
The documents in question —identified as PM-602-0192 and PM-602-0194— are at the heart of the conflict.
The first, published on December 2, 2025, ordered an indefinite pause on the granting 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, from January 1, 2026, extended that pause by incorporating the countries added by Presidential Proclamation 10998.
The court document itself summarizes the situation: "The plaintiffs are a group of approximately 400 citizens or natives 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 native of one or more of the 39 countries listed in Presidential Proclamations 10949 or 10998, or possess documents from the Palestinian Authority; have a pending application with USCIS; and that file must have been frozen by the challenged memorandums without a final adjudication.
Cuba is included in that list alongside Venezuela, Haiti, Iran, Syria, and Nicaragua. By becoming a class action, the protection can extend far beyond the original 400 plaintiffs to all nationals of those countries who meet the requirements.
A ruling that neither expedites cases nor guarantees approvals
It is crucial to understand the limits of the order.
Judge Breyer did not set deadlines to resolve the cases: the plaintiffs had requested responses within ten days for work permits and within sixty days for other procedures, but that request was denied.
The instruction is to return the cases to the ordinary 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 lift the existing entry restrictions nor does it guarantee the automatic approval of any benefits.
A string of legal setbacks for USCIS policies
The ruling in August is the latest in a series of setbacks for the restrictive immigration policies of the Trump administration.
The most direct precedent was the court 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 emphatic:
"More than six months ago, USCIS implemented a series of policies that have thrown the lives of countless immigrants living in the United States into a state of indefinite legal limbo."
Following that ruling, a federal judge blocked the administration's attempt to freeze the processes again in July, and on July 22, USCIS confirmed that it would resume processing benefits for Cubans and Venezuelans.
The new ruling from California reinforces that protection through the certified class action, 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
Filed under: