Lawsuit Challenges USCIS Policies That Make Green Card Process Harder for Applicants in the U.S.
Updated: 4 hours ago
BOSTON, October 6, 2026 — A group comprising foreign nationals, universities, and labor unions has initiated a federal lawsuit against two recent policies by U.S. Citizenship and Immigration Services (USCIS) that considerably complicate the process for immigrants residing in the United States to acquire green cards.The case, filed October 5 in the U.S. District Court for the District of Massachusetts, alleges the policies violate the Administrative Procedure Act and the Fifth Amendment's Due Process Clause.
The lawsuit—American Association of University Professors et al. v. U.S. Department of Homeland Security et al., 1:26-cv-14527—was brought by the American Association of University Professors, Service Employees International Union, Americans for Immigrant Justice, and several individual green card applicants. The full complaint is available via Democracy Forward, which is representing the plaintiffs alongside the American Immigration Council and other counsel.
The Two Policies Under Attack
The lawsuit challenges two USCIS memoranda released in 2026 that significantly change the adjustment of status process. This process is a statutory pathway established by Congress nearly 75 years ago, enabling eligible immigrants already in the United States to apply for permanent residence without having to leave their families, jobs, and communities.
1. The May 2026 Adjustment of Status Memo
Issued May 21, 2026, the USCIS adjustment of status and discretion memo directs immigration officers to treat an applicant's decision to seek a green card through adjustment of status rather than consular processing abroad as a negative discretionary factor. The memo characterizes adjustment of status as an "extraordinary form of relief" rather than a standard pathway, and requires applicants to demonstrate "unusual or even outstanding" equities to overcome the negative inference.
As the American Immigration Council explains, the policy "proclaims that adjusting status in the United States is an 'extraordinary departure' from normal procedures." The policy represents a sharp departure from decades of practice, under which the mere availability of consular processing was not treated as a negative factor against an otherwise eligible applicant. Congressional Democrats have objected strongly, writing to USCIS that "there is no statutory preference for consular processing, and legislative history shows that Congress has long maintained a strong preference in favor of allowing eligible noncitizens to adjust status in the United States."
2. The August 2026 Evidence Policy Alert
Effective August 5, 2026, the USCIS evidentiary standards policy update grants adjudicating officers full discretion to deny applications without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the applicant failed to submit all required initial evidence or did not initially establish eligibility.
Under the prior policy—in place since 2021—officers were instructed to issue an RFE or NOID when initial evidence was missing, giving applicants an opportunity to supplement the record. USCIS has stated the change is intended to "reduce frivolous immigration benefits requests" and prevent "placeholder" applications filed solely to obtain ancillary benefits like employment authorization. Both policies apply retroactively to applications already pending with USCIS.
What the Lawsuit Alleges
The complaint argues that by making adjustment of status "more challenging and less certain," the policies put foreign nationals at risk of family separation, disrupted education, and lost employment in the United States.
The plaintiffs seek a preliminary injunction temporarily blocking the policies while litigation proceeds, as well as a court order permanently vacating the policies as contrary to law, in excess of statutory authority, arbitrary and capricious, and in violation of APA notice-and-comment requirements and the Fifth Amendment's Due Process Clause.
The American Immigration Council highlights a specific concern regarding the retroactive enforcement of the evidence policy: applicants for adjustment who submitted their applications before the May policy was implemented now "fear denial because they had no reason to provide evidence—since the policy against becoming a lawful permanent resident in the United States was not in place."
Who Is Affected
The organizational plaintiffs assist immigrants nationwide in their quest for permanent residence, including educators, researchers, healthcare workers, and service workers.
Todd Wolfson, President of the American Association of University Professors, stated that the administration is "weaponizing the green card process and endangering immigrant professors, researchers, and students with sudden deportation or forced family separation." Kirsten Weld, co-president of the Harvard AAUP chapter, remarked that "the U.S. cannot be a global leader in education while severing ties with the world."
What Happens Next
The district court will review the plaintiffs' request for a preliminary injunction. If granted, it would temporarily block USCIS from implementing the policies while the case proceeds. However, prospects for the lawsuit are uncertain, and both policies remain in effect until further notice.
Foreign nationals with pending adjustment of status applications should be aware that the adjudication landscape has shifted significantly. Employers sponsoring foreign workers should ensure filings are complete and well-documented from the outset, as the opportunity to cure deficiencies through an RFE may no longer exist.
Quick Reference Summary
Aspect | Details |
Case Name | American Association of University Professors et al. v. U.S. Department of Homeland Security et al. |
Case Number | 1:26-cv-14527 (D. Mass.) |
Filed | October 5, 2026 |
Challenged Policies | PM-602-0199 (May 2026) and PA-2026-05 (August 2026) |
Legal Claims | APA violations, Fifth Amendment Due Process |
Relief Sought | Preliminary injunction and permanent vacatur |
Status | Policies remain in effect pending litigation |
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