Disclaimer: We assist with federal U.S. immigration (USCIS) matters only. Attorney Scott A. Maki is licensed in Minnesota only and cannot assist with state-law matters in any other state, including North Dakota.
USCIS rule: hold on applications from 39 countries (blocked by a court)
On December 2, 2025, U.S. Citizenship and Immigration Services (USCIS) started a new rule. It put many pending applications on hold if the applicant was from a country on the President’s travel ban list. USCIS called these “high-risk” countries. On January 1, 2026, USCIS added more countries, for a total of 39. People waiting for citizenship (naturalization, Form N-400), green cards, and other immigration benefits were stuck with no decision.
On August 24, 2026, a federal court blocked this hold. Right now, USCIS must process these applications normally. On August 28, 2026, USCIS said it will follow the court order.
The court order does not end the travel ban itself. The travel ban (Presidential Proclamation 10998) still stops most visas given out at U.S. embassies abroad for people from these countries. The court order only covers applications filed with USCIS inside the United States.
What Red Eagle Law v. Edlow challenges
On May 21, 2026, a law firm (Red Eagle Law) and people whose applications were on hold sued USCIS in federal court in California. They challenged the two USCIS rules that created the hold. They asked the court to end the hold so their cases would be decided.
Red Eagle Law v. Edlow status today
Status as of October 8, 2026 (last change: October 5, 2026): The court order is still in effect, and the government has not appealed it. The order protects everyone in the group (called a “class”) whose applications were on hold. The case is still going on. On October 1, 2026, both sides sent the judge a joint report. On October 4 and 5, 2026, a few of the people who sued dropped their own claims. That does not change the order for everyone else.
What this means for you: If you are from one of the 39 countries and your application was on hold, USCIS should now process it normally. If your oath ceremony was canceled or your case still seems stuck, call or contact our office.
Full details: USCIS holds and Red Eagle Law v. Edlow
The sections below explain the holds and the court case in more detail, with dates and court filings.
Why is my N-400 citizenship application on hold?
In two policy memos, USCIS placed pending applications on hold for review when the applicant is a citizen or national of a country listed in the President’s travel ban proclamations:
- PM-602-0192 (December 2, 2025): the original list of high-risk countries.
- PM-602-0194 (January 1, 2026): additional countries, bringing the total to 39 plus the Palestinian Authority.
The holds covered most USCIS benefit applications, including naturalization (Form N-400). In a March 30, 2026 update, USCIS said it had lifted holds for some case types, including “certain rescheduled oath ceremonies,” and was reviewing the rest.
Court order lifts USCIS holds: Red Eagle Law v. Edlow
On August 24, 2026, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California issued a preliminary injunction in Red Eagle Law, L.C. v. Edlow (No. 3:26-cv-04850). The order blocks both memos and requires USCIS to decide applications “in the normal course.” The court also certified a class covering people from the 39 countries (or the Palestinian Authority) whose applications were on hold and had not been finally decided.
USCIS announced on August 28 that it disagrees with the ruling but will follow it pending possible further review. On September 24, 2026, the court canceled the September 25 status conference and set a deadline of October 1, 2026 for the parties to file a joint status report (ECF 64, a text-only clerk’s notice). A joint status report was filed on October 1, 2026 (ECF 65); the document is not yet publicly available. On October 4, 2026, certain named plaintiffs filed a notice voluntarily dismissing only their own claims (ECF 66), and on October 5, 2026, another notice of voluntary dismissal was filed (ECF 67; the document is not yet publicly available); the other plaintiffs continue the case. As of October 6, 2026, the public court docket shows no appeal and no order changing the injunction, so USCIS must keep processing these applications normally. The government could still appeal.
Why was my naturalization oath ceremony canceled?
Separate from the country holds, some local offices have canceled ceremonies. In November 2025, ceremonies were canceled across several upstate New York counties. In January 2026, the Austin, Texas office canceled its city hall ceremonies for the “foreseeable future,” citing a decline in applications and a more extensive vetting process that is slowing decisions.
What to do if your citizenship application is on hold
- If you are from one of the 39 countries and your N-400 was on hold, you may be covered by the court order. USCIS should now process your case normally.
- If your oath ceremony was canceled, watch your mail and USCIS online account for a new notice. You are not a citizen until you take the oath.
- Do not travel abroad for long periods, change your address without reporting it, or let your green card expire while waiting.
- If your case has been stuck for a long time, there may be options, including a case inquiry, a congressional inquiry, or in some situations a lawsuit.
Contact our Fargo immigration lawyer if your naturalization case is on hold or your oath ceremony was canceled. For other recent changes, see our family immigration news page.
Read the full case yourself: If you would like to read the court’s full order yourself, you will find a link here: Order granting class certification and preliminary injunction, Red Eagle Law v. Edlow (August 24, 2026, ECF No. 57). You can also follow every filing on the court docket.
Abbreviations on this page
- USCIS: U.S. Citizenship and Immigration Services (the agency that decides green card and citizenship applications)
- U.S.: United States
- N-400: the USCIS form used to apply for U.S. citizenship (naturalization)
- PM-602-0192 / PM-602-0194: the USCIS policy memos (written rules) that created the hold
- N.D. Cal.: U.S. District Court for the Northern District of California (the court hearing the case)
- ECF No.: the number the court gives each filed document
- PP 10998: Presidential Proclamation 10998 (the travel ban)
Related: Waiting on a green card application? Read about the new USCIS adjustment of status policy and the AAUP v. Mullin lawsuit.
Sources
- USCIS: Recent Court Order on Hold Policies (Aug. 28, 2026)
- USCIS: Update on Strengthened Screening and Vetting (Mar. 30, 2026)
- USCIS Policy Memo PM-602-0192
- Red Eagle Law v. Edlow court docket
- Status report filed Oct. 1, 2026 (ECF 65)
- Notice of voluntary dismissal, certain plaintiffs (Oct. 4, 2026) (ECF 66)
- Notice of voluntary dismissal (Oct. 5, 2026) (ECF 67)
- Axios: Austin halts naturalization ceremonies
- Rep. Lawler: Upstate New York ceremonies canceled
This update provides general information, not legal advice. These policies are changing quickly; check back for the latest status.