Immigration litigation tracker (as of October 9, 2026)Immigration litigation tracker

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

When reading this page, pay particular attention to three things: first, which court issued the ruling (a district court, a court of appeals or the Supreme Court); second, the form of the ruling (preliminary injunction, vacatur, postponement of the effective date, or final judgment); and third, who is protected by the ruling (only the plaintiffs, a class, or everyone nationwide). Since Trump v. CASA limited "universal injunctions" in 2025, these three points matter more than ever.

Summary table

Birthright citizenship: Executive Order 14418

On June 30, 2026, in Trump v. Barbara, the Supreme Court held Executive Order 14160 invalid: children born in the United States to parents unlawfully or temporarily present are citizens at birth. On August 6, 2026, the President signed Executive Order 14418, which withholds recognition of citizenship from children where neither parent is a citizen and a parent is an employee of a foreign government or international organization or an "enemy alien," or where the parents arranged birth in the United States or surrogacy through a "commercial transaction," among other situations; Executive Order 14419, signed the same day, targets visa and entry enforcement against "birth tourism." On September 2, 2026, Judge Boardman of the U.S. District Court for the District of Maryland, in CASA v. Trump, barred enforcement of Executive Order 14418 against the class members in that case (roughly, U.S.-born children whose mother was unlawfully or temporarily present and whose father was not a citizen or green card holder); the Department of Justice reportedly asked in early October 2026 to lift the injunction, arguing that new agency guidance shows the policy applies only to children born after it takes effect; as of the date of this page, no ruling had been seen. Another class action on behalf of the categories of families covered by the new order, Nathan v. Trump (No. 1:26-cv-03377), was filed in the U.S. District Court for the District of Columbia on September 28, 2026; no ruling had been seen. A Department of Homeland Security interim final rule of September 9, 2026 creates a green card registration procedure for U.S.-born children of foreign government employees who are not recognized as citizens, but states that it will not be applied to members of the Maryland class. According to public reports, Executive Order 14419 is not currently enjoined by any court. Those most affected are families of foreign government and international organization employees and families who travel to the United States as visitors to give birth or use U.S. surrogacy. For background, see Wong Kim Ark and Trump v. CASA.

H-1B fee proclamation

A September 2025 presidential proclamation required certain new H-1B petitions to pay a large fee (often called the "$100,000 fee"), prompting multiple lawsuits with differing results. In December 2025, the U.S. District Court for the District of Columbia upheld the proclamation in a case brought by the U.S. Chamber of Commerce and others, and the plaintiffs have appealed to the D.C. Circuit; on June 8, 2026, Judge Sorokin of the U.S. District Court for the District of Massachusetts, in a suit brought by 20 states, vacated the agency policy implementing the proclamation, and on July 24, 2026 the First Circuit declined to stay that judgment; the appeal is ongoing. On September 18, 2026, the President issued a new proclamation extending the measure for one year; on September 30, 2026, Judge Gilliam of the U.S. District Court for the Northern District of California, in Global Nurse Force v. Trump, held that the relevant agency policy had not gone through notice and comment and barred its enforcement until that process is completed (according to plaintiffs' counsel, the ruling also covers the extended version), and declined to stay the ruling pending appeal. USCIS has said it will comply with the court rulings. Those most affected are employers planning to file new H-1B petitions for workers abroad, and their beneficiaries; whether and how the fee applies is changing quickly, so rely on current USCIS and State Department announcements. See the H-1B fee litigation page and the H-1B visa guide.

H-1B wage-weighted selection rule

On December 29, 2025, the Department of Homeland Security published a final rule changing the H-1B cap selection from fully random to weighted by wage level; it took effect on February 27, 2026 and has been used for the fiscal year 2027 selection. According to public reports, as of March 2026 no company or industry group had sued over the rule; as of the date of this page, we have not found any court ruling on it. The rule is currently in effect and affects all employers and beneficiaries in the H-1B selection, especially recent graduates at lower wage levels. Selection details have changed frequently in recent years, so verify the latest rules before filing; see the H-1B visa guide.

F-1 and J-1 students and scholars: rule ending "duration of status" (D/S)

On July 17, 2026, the Department of Homeland Security published a final rule replacing "duration of status" for F, J and I nonimmigrants with fixed admission periods, requiring those who need more time to apply separately for an extension; it was originally to take effect on September 15, 2026. Higher-education groups, NAFSA, labor unions and others sued in the U.S. District Court for the District of Massachusetts on August 18, 2026; on September 14, 2026, Judge Saylor found the plaintiffs likely to succeed on their claim that the rule is "arbitrary and capricious" in violation of the Administrative Procedure Act, postponed the rule's effective date under section 705 of that Act, and barred DHS and ICE from further implementation, with nationwide effect. The government appealed to the First Circuit on September 30, 2026; the appeal itself does not change the postponement order. The existing D/S system continues to apply for now, affecting all F-1 and J-1 students and scholars and their dependents. See the F-1 student visa and OPT guide.

OPT: proposed fee rule and re-evaluation

The legal basis for OPT was confirmed in 2022 in Washtech v. DHS, and the Supreme Court declined review in 2023. In early 2026, the Department of Homeland Security said it was re-evaluating the scope and duration of OPT (including STEM OPT). On October 8, 2026, U.S. Immigration and Customs Enforcement published a proposed OPT fee rule in the Federal Register, under which schools would pay before entering an OPT recommendation, with separate tiers for initial OPT and subsequent OPT (including STEM OPT extensions); comments are due by November 9, 2026. This is a rulemaking, not litigation, and it has not taken effect; as of the date of this page, no proposed rule shortening or eliminating OPT had been published. It affects F-1 students about to graduate and schools; for work authorization applications, see Form I-765 explained.

USCIS nationality-based adjudication holds

Beginning in December 2025, USCIS used policy memoranda to pause adjudication of various immigration benefit applications filed by applicants from countries listed in the President's travel-restriction proclamation, to require re-review of approved cases, and to pause adjudication of asylum applications; in January 2026 this was extended to an updated list of countries (39 in total). On June 5, 2026, Chief Judge McConnell of the U.S. District Court for the District of Rhode Island vacated these policies in Dorcas International Institute of Rhode Island v. USCIS; on June 12, USCIS said that it disagreed but would comply with the ruling and stop applying the relevant policy memoranda, and it appealed. On August 14, 2026, the First Circuit granted a stay only as to the "comprehensive re-review" policy (re-review of approved applications of those who entered after January 20, 2021); the other policies remain vacated, and the appeal continues. Mainland China is not on the list, but some family members or spouses of Chinese nationals in the United States may hold the nationality of a listed country; if you receive a USCIS notice related to re-review, consult an attorney.

Temporary Protected Status (TPS)

On June 25, 2026, in Mullin v. Doe (No. 25-1083, consolidated with No. 25-1084; 609 U.S. 324), the Supreme Court held 6–3 (opinion by Justice Alito) that the statute's bar on "judicial review of any determination" regarding TPS precludes non-constitutional challenges to TPS terminations; it also found the Haitian plaintiffs' equal protection (constitutional) claim unlikely to succeed, allowing the government to terminate TPS for Haiti and Syria. On October 5, 2026, in the Venezuela and Haiti TPS case (Mullin v. National TPS Alliance, No. 26-48), the Supreme Court vacated the Ninth Circuit's judgment and remanded for reconsideration in light of Mullin v. Doe. TPS holders' status and work authorization depend on each country's termination decision and any remaining litigation; the impact is broad and changing quickly, so check the latest Federal Register notices and USCIS announcements country by country. For the form, see I-821.

DACA (Deferred Action for Childhood Arrivals)

On January 17, 2025, in Texas v. United States, the Fifth Circuit held the main parts of the 2022 DACA rule unlawful but limited relief to Texas: DACA recipients in Texas may lose work authorization, while other states are not affected for now. The case was remanded to Judge Hanen of the U.S. District Court for the Southern District of Texas to decide how to implement this; according to public sources, as of the date of this page the district court had not issued a revised implementation order. According to public sources, USCIS currently continues to process renewal requests; initial requests can be filed, but no actual processing of them has been seen. This affects DACA recipients nationwide, and recipients in Texas in particular should follow it closely. For background, see DHS v. Regents and Form I-821D explained.

Border asylum proclamation

On January 20, 2025, the President issued a proclamation, citing an "invasion," restricting people entering at the southern border from seeking asylum and expediting their removal. The U.S. District Court for the District of Columbia held the proclamation unlawful in 2025 and granted relief to a nationwide class; on April 24, 2026, the D.C. Circuit, in RAICES v. Noem (now RAICES v. Mullin), upheld that conclusion, holding the proclamation unlawful to the extent it replaces the removal procedures set by Congress with extra-statutory procedures and bars people from applying for asylum and other protection. The government petitioned for rehearing en banc on June 8, 2026; as of the date of this page, we have not found a ruling on the petition. Separately, USCIS's policy pausing adjudication of asylum applications has been vacated in the Dorcas case described above. This affects people seeking protection at the border; for those already inside the United States applying for asylum, see Form I-589 explained.

How to use this page

• Each entry is only a summary. The exact scope of a court ruling (for example, the class definition) often determines whether a policy applies to you; review the original ruling or consult an attorney.
• A policy that has been "vacated by a court" or "enjoined" may come back into effect through an appeal, a stay or a new rule, and vice versa.
• This page does not cover specific fees, processing times or selection numbers for each policy; rely on the current announcements of USCIS, the State Department and the Federal Register, and see how to check filing fees and processing times.

Official sources

• Supreme Court docket: Trump v. Barbara (No. 25-365)
• Executive Order 14418 (Federal Register public inspection copy)
• Supreme Court docket: Mullin v. Doe (No. 25-1083)
• Supreme Court docket: Mullin v. National TPS Alliance (No. 26-48)
• First Circuit ruling of August 14, 2026: Dorcas v. USCIS (No. 26-1703)
• Proposed OPT fee rule (Federal Register, October 8, 2026)
• Final rule ending D/S (Federal Register, July 17, 2026)
• DHS interim final rule: green card registration for U.S.-born children of foreign government employees (Federal Register public inspection copy)
• Federal Register
• CourtListener federal court docket search

Related reading

• Trump v. Barbara (2026): birthright citizenship executive order held invalid
• H-1B fee proclamation litigation
• Washtech v. DHS: the legal basis for OPT and STEM OPT
• Trump v. CASA: limits on "universal injunctions"

This page is a general introduction to a court decision and is not legal advice. The law and case law change, and outcomes depend on the specific facts. To evaluate your situation, consult an attorney.