United States | Lawsuit challenges Adjustment of Status policies

On Oct. 5, 2026, several labor unions, academic associations, immigrant advocacy organizations and individual applicants filed a lawsuit in federal court challenging two recent U.S. Citizenship and Immigration Services policies that affect adjustment of status (AOS) adjudications. The plaintiffs seek to block implementation of the policies and have them vacated under the Administrative Procedure Act (APA).

Key takeaways:

Complaint filed against DHS and USCIS. In a complaint filed in the U.S. District Court for the District of Massachusetts on Oct. 5, 2026, against the Department of Homeland Security and USCIS, the collective plaintiffs challenge a May 21, 2026, USCIS policy memorandum. The policy directs officers to treat an applicant’s decision to seek AOS in the U.S. rather than pursue consular processing abroad as a negative discretionary factor that may result in denial “absent ‘unusual or even outstanding’ countervailing considerations.”

Policies “unprecedented” and “draconian.” The complaint argues that the “unprecedented” policy unlawfully discourages eligible applicants from pursuing permanent residence through AOS in the U.S. and instead pressures them to pursue immigrant visa processing abroad. The lawsuit also challenges an Aug. 5, 2026, “draconian policy change” by USCIS permitting officers to deny benefit requests without first issuing a request for evidence or notice of intent to deny in certain circumstances.

Policies exceed USCIS authority. Plaintiffs declared the policies “are contrary to law and in excess of statutory authority, violate APA notice-and comment requirements, are arbitrary and capricious, violate the Accardi doctrine, and violate the Due Process Clause.”

Plaintiffs ask to reinstate prior AOS policies. The complaint requests declaratory and injunctive relief, including an order setting aside the challenged policies and requiring USCIS to adjudicate adjustment applications consistent with prior agency precedent.

Additional information: The plaintiffs who filed the complaint include the American Association of University Professors, multiple Service Employees International Union affiliates, Americans for Immigrant Justice and several individual adjustment applicants.

BAL is monitoring litigation developments and will provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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