Visa Lawyer Blog

Articles Posted in Apprehensions

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prison-370112_1280Introducing sweeping changes, U.S. Citizenship and Immigration Services (USCIS) has expanded its role by gaining law enforcement powers previously limited to agencies like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

Under a new final rule published today, USCIS will now recruit 1,811-classified special agents—fully empowered officers with authority—to investigate, arrest, and prosecute individuals violating U.S. immigration laws.

What’s Changed?

  • Law Enforcement Authority: The newly designated USCIS special agents are authorized to carry firearms, execute search and arrest warrants, make arrests, and use force—including in pursuit and potentially lethal situations—under standard federal law enforcement protocols.
  • Operational Autonomy: Previously, USCIS investigations—especially those involving criminal violations—were referred to Immigration and Customs Enforcement (ICE).
  • Enforcement Agency: Now, USCIS itself can manage law enforcement investigations from start to finish, including investigating civil and criminal violations within the jurisdiction of USCIS and ordering expedited removal when warranted.

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marek-studzinski-9U9I-eVx9nI-unsplash-scaled

A new UC Berkeley IGS poll shows that a strong majority of California voters disapprove of the Trump administration’s immigration enforcement tactics. Nearly 70% of respondents said they are unhappy with how immigration is being handled in the state — and many reported emotional responses to images of raids, describing them as unfair and upsetting.

The poll reveals a sharp political divide. Ninety-five percent of Democrats expressed disapproval with Trump’s immigration enforcement, while 79% of Republicans voiced support. Emotional reactions followed suit: most Democrats said they felt anger or sadness when shown footage of enforcement actions, while most Republicans felt hopeful or satisfied.

Specific policy questions revealed more tension. An overwhelming majority of Democrats support requiring immigration agents to wear visible ID and oppose raids in places like schools and hospitals. Republicans were more divided, with only about half supporting agent identification and a slight majority favoring enforcement in public spaces.

The issue of birthright citizenship also proved polarizing. 67% of Republicans said they support ending automatic citizenship for children born to undocumented parents, while 92% of Democrats opposed such a move.

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judge-8779957_1280In a significant victory for civil rights and immigrant advocacy groups, a federal appeals court has upheld a lower court’s decision to temporarily block federal immigration agents from conducting immigration-related arrests in Los Angeles without reasonable suspicion.

The Ninth Circuit Court of Appeals issued the ruling late Friday, marking a major legal development in the ongoing battle over immigration enforcement and constitutional protections.

At the heart of the case is the question of whether federal agents can detain individuals based solely on generalized characteristics such as race, ethnicity, or language. The appeals court was clear: they cannot.

A Firm Rejection of Racial Profiling

The three-judge panel ruled that U.S. Immigration and Customs Enforcement (ICE) and other federal agents cannot use factors like “apparent race, ethnicity, speaking Spanish or speaking English with an accent, particular location, and type of work” as the basis for reasonable suspicion to stop an individual. Even taken together, the court stated, these characteristics form only a broad profile and fail to meet the legal standard required for a lawful stop.

“We agree with the district court that…these factors do not demonstrate reasonable suspicion for any particular stop,” the panel wrote, emphasizing the constitutional protections that apply to all individuals, regardless of immigration status.

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prison-370112_1280A new lawsuit filed by a man detained in San Diego, California, is challenging the controversial practice of courthouse arrests by U.S. Immigration and Customs Enforcement (ICE) taking place in recent months. The case could offer critical insight into the government’s approach in making these arrests. (A.M. v. Larose (3:25-cv-01412))

The man identified in court filings as A.M. is seeking asylum in the United States after being subjected to torture in his home country from his human rights advocacy. On June 3, he arrived for what he believed would be a routine immigration court hearing but was shocked to find that the judge had dismissed his case and ICE agents were waiting outside, ready to arrest him and take him to Otay Mesa’s Detention Facility to eventually be deported.

Unfortunately, A.M.’s case is not unique. In recent months, the Trump administration has enforced a controversial policy in immigration courts to expedite deportations by instructing judges to swiftly dismiss cases, subjecting individuals to expedited removal without giving them a meaningful opportunity to contest the government’s claims or consult attorneys.

This approach, detailed in a May 30 directive from the Executive Office for Immigration Review, encourages judges to grant oral motions to dismiss without the standard 10-day response period, effectively eliminating opportunities for individuals to contest their cases. Once dismissed, individuals are immediately eligible for expedited removal, making it possible for ICE officers to arrest them.

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lawyer-3819044_1280The growing presence of U.S. Immigration and Customs Enforcement (ICE) officials at immigration courthouses nationwide has prompted several states to enact laws preventing ICE from arresting or detaining individuals attending their immigration hearings.

One such law passed by the state of New York is the “Protect Our Courts Act,” which shields individuals from being arrested by federal immigration authorities like ICE while traveling to, attending, or leaving court proceedings. This law is designed to guarantee that people can access the justice system without fearing immigration-related repercussions. It forbids arrests in these situations unless a judicial warrant or court order is shown to court personnel.

On June 12th the Justice Department sued the state of New York challenging the constitutionality of the Act under the supremacy clause. The government argues that it unlawfully obstructs federal immigration enforcement operations.

The Trump administration is seeking to invalidate these laws to facilitate detention and removal. According to the government, arrests at courthouses helps prevent individuals from evading authorities and decreases safety risks because of the security offered by courthouses.

In response to the lawsuit, the New York Civil Liberties Union issued a statement defending the state law adding, “This latest attempt by the Trump administration to meddle in our laws would push immigrant communities further into the shadows, throw due process out the window, and weaken trust in our justice system — making everyone less safe. It sends a dangerous message: that ICE can and should operate wherever it wants, regardless of the human cost.”

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arrested-8303916_1280In the latest clash between the Trump administration and the judiciary—Milwaukee County Circuit Court Judge Hannah Dugan has been arrested by agents from the Federal Bureau of Investigation (FBI) for accusations of helping a man evade immigration authorities.

This all went down on Friday April 25th after allegations that the judge directed an undocumented immigrant and his lawyer to exit her courtroom through a side door after learning that federal immigration agents were waiting in the hallway to arrest him.

Upon being spotted by agents outside the courthouse, the man was pursued on foot and was ultimately taken into custody.

These actions have prompted a showdown over allegations of obstruction of justice amid Trump’s immigration crackdowns. The U.S. attorney general Pam Bondi has accused the judge of interfering with the government’s enforcement priorities claiming the arrest sends a “strong message” to judges that they will be prosecuted if they “escort a criminal defendant out a back door.”

The circumstances surrounding the judge’s arrest remain unclear. What is known is that six federal officers descended upon the Milwaukee County Courthouse to arrest Eduardo Flores-Ruiz, a Mexican national attending a court hearing to respond to battery charges in connection with a criminal complaint filed by his roommate.

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america-41776_1280It has been quite a whirlwind in the two months since President Trump has taken office.

From mass deportations to interrogations at U.S. ports of entry, the White House has delivered on their campaign promises to limit immigration by any means necessary.

Now we are learning that immigration enforcement is about to get even tougher for those in removal proceedings.

The Internal Revenue Service (IRS) is now cooperating with Immigrations and Customs Enforcement (ICE) to help officers verify the names and residential addresses of undocumented immigrants they are trying to deport from the United States.

Three government officials recently spoke with New York Times reporters revealing that the tax agency will be helping facilitate Trump’s mass deportations.

This shift in policy is extremely concerning given that thousands of undocumented immigrants provide information about where they are living when filing tax returns with the IRS using individual taxpayer identification numbers (ITINs) instead of Social Security numbers.

Initially, the IRS had refused Trump’s requests to hand over the residential addresses of undocumented immigrants in removal proceedings because federal law prohibits improper disclosure.

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american-flag-2054414_1280This week President Trump unleashed a fresh barrage of executive orders targeting illegal immigration and antisemitism in the United States.

Executive Order Expanding Migration Operations at Guantánamo Bay

Among these orders, on January 29th the President signed, “Expanding Migration Operations Center at Naval Station Guantánamo Bay,” unveiling his administration’s plans to use a migrant holding facility at the U.S. naval base in Guantánamo Bay, Cuba, to house more than 30,000 migrants deported from the United States.

The White House has said the naval station will soon be operating at its full capacity to detain “high priority” criminal aliens unlawfully present in the United States, and to “address attendant immigration enforcement needs,” identified by the Department of Defense and the Department of Homeland Security.

Immigration advocates have questioned the optics of this decision due to Guantánamo Bay’s sordid history. Once a processing center for asylum seekers and HIV-positive refugees, it has been well known for its detainment of notorious terrorists and unlawful enemy combatants such as the 9/11 mastermind Khalid Sheikh Mohammed. This decision has raised alarm due to Guantanamo’s unfit conditions and frequent human rights violations reported to international human rights organizations.

Despite these criticisms, the White House has said that deported migrants held in Guantánamo will not be detained in the same U.S. military prison where foreign terrorists are being held. Instead, migrants will be placed in a separate holding facility previously used to detain migrants intercepted at sea.

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donald-trump-2789735_1280We are just 14 days away from Donald Trump’s presidential inauguration, setting the stage for a new era in the world of immigration.

The President’s border czar Tom Homan is set to be one of the key players of the incoming Trump administration, in charge of securing our nation’s borders. Homan was the former acting director of Immigration and Customs Enforcement (ICE) during the first Trump administration, and was a key contributor of Project 2025, a conservative political agenda.

On Sunday night, Tom Homan appeared on CBS News’s, “Face the Nation” where he was asked about his plans to carry out the largest deportation operation in history, during a time when deportations have already been at a record high under President Biden.

Homan responded by criticizing the Biden administration’s deportation record, stating that 80 percent of the deportation numbers were from Border Patrol arrests, and not interior enforcement arrests carried out by Immigration and Customs Enforcement (ICE).

When asked whether Trump’s deportation numbers would come from arresting and deporting people within the interior of the United States versus securing the southern border, Homan deflected instead focusing on Biden’s dismal track record on border security.

He was further questioned about the Trump administration’s deportation plans on day one, including whether ICE plans to conduct workplace raids across the nation to remove undocumented immigrants from the country.

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hollywood-4133249_1280Los Angeles has become the first of many cities to use its legislative powers to protect undocumented immigrants from the threat of deportation.

On November 19, 2024, the Los Angeles City Council passed a “sanctuary city” ordinance, prohibiting the use of the city’s resources and personnel to carry out federal immigration enforcement actions. This move was made ahead of the President-elect’s campaign promise to carry out mass deportations.

Los Angeles has long protected the rights of immigrants by refusing to cooperate with federal immigration authorities. Now that commitment has been codified by law.

More than 11 states have taken similar actions to reduce their cooperation with federal immigration authorities.

Upon taking office, Trump could retaliate by issuing an executive order to withhold federal funding from sanctuary cities like Los Angeles. His administration has also vowed to pass legislation to outlaw sanctuary cities.

While it is not yet known the degree to which Trump will deliver on his campaign promises, individuals close to his administration have spoken to the media about his plans on condition of anonymity.

According to a recent report by NBC news, on Day One of his presidency, Trump is expected to issue five executive orders delivering on his promise to put a stop to illegal immigration. Many other executive orders are expected to follow, designed to undo the Biden administration’s policies on subjects like abortion and gender affirming care.

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