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2026 has been a wild year for immigration law. Things change week to week — sometimes day to day. In the last two weeks alone: a federal judge ordered USCIS to restore a 21-day notice period for asylum interviews involving unaccompanied children. The Supreme Court declined to protect immigration judges’ power to pause deportation cases. And new data showed citizenship approvals have dropped 72%, with the naturalization backlog now topping 800,000 people. That’s not a typo. 800,000.
Who does this hit? Asylum seekers. TPS holders. Employers who depend on work permits to keep their teams running. Families waiting years for green cards. Lawful permanent residents just trying to become citizens. If you’ve got a pending case right now — any kind — here’s what we tell every client: confirm your filing deadlines and notice requirements today. Not next week. Court orders in these cases can expire or flip again within days. We’ve seen it happen.
Background: What Changed in USCIS Policy in 2026
A handful of court decisions and agency data releases from October 2026 are reshaping how cases move through the system. Here’s what our team is watching.
Asylum interview notice for children. US District Judge Brendan Hurson, sitting in Greenbelt, Maryland, issued a temporary restraining order on Friday. It stops USCIS from enforcing changes that had cut advance notice for children’s asylum interviews and made it nearly impossible to reschedule them. The order requires USCIS to give 21 days’ notice before interviews of unaccompanied minors seeking asylum and to go back to regular scheduling. That order runs until November 13 — and it applies nationwide, not just in Maryland. The court also tossed out an August 2026 rule that only allowed rescheduling for “exceptional circumstances.” Advocates called that standard nearly impossible to meet. We’d agree.
Administrative closure of deportation cases. On October 27, 2026, the Supreme Court declined to reinstate the authority of immigration judges to temporarily postpone deportation cases, keeping in place an agreement between the Trump administration and Texas that bars the once-common practice. This leaves more than 361,000 immigration cases vulnerable to renewed hearings and possible removal proceedings. Administrative closure allows an immigration judge to temporarily remove a deportation case from the active court calendar without dismissing it, which had let people pursue a pending green card petition, U visa, or other relief before their removal case moved forward. This was not a full Supreme Court decision on the constitutionality or legality of administrative closure, so the underlying legal fight continues in the lower courts.
TPS and EAD litigation. Earlier in 2026, a federal court in Massachusetts temporarily blocked parts of USCIS’s rollout of new TPS and asylum-fee rules. By August 2026, the court narrowed that relief: it allowed USCIS to move forward with a one-year cap on TPS-based work permits, even for previously issued longer extensions, but it kept blocking the provision that would have let USCIS reject asylum applications and start removal proceedings for failure to pay the annual asylum fee. Employers and TPS holders should not assume older notices are still accurate, because EAD expiration dates tied to this litigation have changed more than once this year.
Naturalization backlog and approvals. Federal immigration officials approved 173,000 people for citizenship through the first eight months of 2026, down 72 percent from the same period a year earlier. Backlogs in naturalization applications rose from about 500,000 cases at the start of the second Trump administration to more than 800,000 as of August. Immigration attorneys report fewer naturalization interviews being scheduled and some oath ceremonies canceled or delayed, even for applicants who already passed their interview and tests.
How This Affects Asylum Seekers, TPS Holders, Workers, and Citizenship Applicants
Unaccompanied minors and their sponsors should now expect at least 21 days’ written notice before an asylum interview, and should keep any notice received because the order is currently set to expire November 13, 2026, with a further ruling to follow. Families should not assume the shorter notice period is gone for good; it may return if the court later narrows or lifts the order.
People with cases that were administratively closed may see their deportation case placed back on the active court calendar. This can include individuals waiting on a family-based petition, a U visa, or another form of relief. Anyone in this position should speak with counsel about options for a continuance or other scheduling relief, since the case may now move forward even though the underlying application is still pending. Readers who have a hearing scheduled in Immigration Court can review general information about removal defense and Immigration Court proceedings to understand what a reopened case may involve.
TPS holders and their employers should check current EAD expiration dates directly against USCIS guidance rather than relying on an older notice, because the one-year EAD cap is currently allowed to proceed while the asylum-fee termination provision remains blocked. Employers completing Form I-9 reverification should confirm which rule applies to each employee’s country of TPS designation before taking any adverse action.
Naturalization applicants facing long waits may want to review whether their case has been pending beyond the normal processing time posted on the USCIS website, since some applicants are filing mandamus lawsuits in federal court to compel a decision. Family members who are still waiting on an underlying green card petition can learn more about family-based immigration, green cards, and naturalization timelines.
What You Should Do Now
- Save every notice. Keep copies of any USCIS interview notice, rescheduling request, or court hearing notice, including the date it was mailed or emailed.
- Check your EAD expiration date. If you hold a TPS-based or asylum-based work permit, confirm the current expiration date directly on the USCIS website rather than relying on an older printout.
- Track your Immigration Court hearing date. If your case was administratively closed, watch for a new notice of hearing and respond by any deadline listed.
- Ask about mandamus options. If your naturalization or other application has been pending far longer than the posted processing time, a federal mandamus lawsuit may be an option to ask a court to compel a decision.
- Confirm deadlines before relying on this article. Court orders described here can change quickly; always confirm current deadlines with your attorney or on an official government website as of the date you read this.
How TEZ Law Firm Can Help
TEZ Law Firm handles immigration matters nationwide, including asylum and removal defense, family-based petitions, naturalization applications, and employment-based visas. The firm can review a USCIS notice, Immigration Court filing, or EAD expiration date and explain the options that may apply under current law. General immigration services are described on the firm’s immigration law overview page, and employers with questions about work authorization for foreign national employees can review the firm’s employment-based visa services.
Frequently Asked Questions
Does the 21-day asylum interview notice order apply to adults too?
No. The current order applies to unaccompanied minors in affirmative asylum proceedings before USCIS. The order is set to run through at least November 13, 2026, and the judge may extend, narrow, or lift it after that date, so it is worth confirming the current status before an interview.
Can my deportation case still be administratively closed?
As of November 3, 2026, immigration judges generally cannot use administrative closure to pause a deportation case, following the Supreme Court’s October 27, 2026 decision not to restore that authority. Other forms of relief, such as a continuance, may still be available depending on the facts of the case.
Is my TPS-based work permit still valid?
It depends on your country of TPS designation and when your EAD was issued or extended. A federal court has allowed USCIS to apply a one-year cap to TPS-based work permits, even for some previously issued longer extensions, while a separate provision about asylum fee nonpayment remains blocked. Checking the specific expiration date on your EAD card and current USCIS guidance is the safest approach.
Why is my naturalization application taking so long?
Citizenship approvals have dropped sharply in 2026 compared to 2025, and the pending naturalization backlog has grown past 800,000 applications nationwide. Reasons can include expanded vetting procedures, fewer scheduled interviews, and paused or delayed oath ceremonies in some areas.
What can I do if USCIS is taking too long on my case?
If your case has been pending well beyond the processing time USCIS publishes for your form type, you may be able to file a mandamus action in federal court asking a judge to compel USCIS to issue a decision. An attorney can review your file to see whether this option fits your situation.
Immigration rules are shifting quickly in 2026, and a court order that applies today may change again within weeks. TEZ Law Firm serves clients nationwide from its California offices in West Covina, City of Industry, and Newport Beach, and from its immigration-only office in Flushing, New York. Managing attorney JJ Zhang (California Bar #326666) and the firm’s staff can discuss your matter in English, Mandarin, or Shanghainese. To review your case and current options, you can schedule a consultation with TEZ Law Firm today.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact TEZ Law Firm (West Covina, California) at 626-888-6856 or [email protected] about your situation. Prior results do not guarantee a similar outcome.