Visa Lawyer Blog

Articles Posted in Criminal Offenses

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On October 23, 2026, U.S. District Judge Frimpong issued a preliminary injunction ordering U.S. Immigration and Customs Enforcement (ICE) and Border Patrol agents to stop detaining individuals solely based on their perceived Latino ethnicity or working-class appearance.

The ruling, issued in Vasquez Perdomo v. Mullin, follows extensive evidence presented by the American Civil Liberties Union (ACLU) and other civil rights advocates, including body-camera footage, internal communications, and testimony from individuals detained during immigration enforcement operations, including U.S. citizens.

The injunction applies to seven Southern California counties: Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo.

Under the order, immigration agents must have individualized reasonable suspicion supported by specific facts before conducting an investigative detention. An individual’s ethnicity or appearance alone cannot justify a stop. The injunction includes exceptions for ports of entry, checkpoints, and their functional equivalents.

The decision follows an earlier injunction that the U.S. Supreme Court temporarily blocked in 2025. The Department of Homeland Security has denied allegations of racial profiling, and the federal government has appealed the latest ruling.

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cytis-passport-2642170-scaledThe Trump administration has significantly slowed the naturalization process, with 73% fewer citizenship applications decided over the past year.

These delays are leaving thousands of immigrants waiting longer to become U.S. citizens.

US Citizenship and Immigration Services’ latest quarterly data show it decided around 71,000 cases between April and June 2026, compared to around 265,000 during the same period last year.

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roszie-termination-7386579-scaledThe Department of Homeland Security has published a new proposed rule making it more difficult for certain noncitizens to obtain and maintain work authorization in the United States.

The proposal would affect humanitarian parolees, certain recipients of deferred action, individuals with final removal orders, and other noncitizens who currently qualify for Employment Authorization Documents (EADs).

The proposal would also make it more difficult for applicants with criminal histories, arrests, or admissions of criminal conduct to obtain work authorization, unless there are significant public-interest factors that justify a favorable exercise of discretion, such as cooperation with law enforcement.

If implemented, the changes would represent a significant shift away from broad access to employment authorization and toward a more restrictive, discretionary system. Many immigrants who rely on work permits to support themselves and their families could face increased uncertainty.

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USCIS is expected to pause or delay adjudication of certain immigration benefit requests that require fingerprint-based background checks following the agency’s implementation of a new enhanced FBI security vetting process.

The new process became effective on April 27, 2026.

According to reports, USCIS officers have been directed to submit pending applications for enhanced FBI background checks and to withhold final adjudication until the required security clearances are completed.

The initial group of impacted cases is expected to include applications for which fingerprints were already collected and submitted before April 27, 2026.

At a Glance

Applications requiring fingerprint-based background checks may be subject to an adjudication pause for enhanced security checks, based on new USCIS internal guidance

Affected case types are expected to include adjustment of status, asylum, naturalization, family-based green card sponsorship petitions, and other immigration benefit requests requiring biometrics (fingerprints).

For pending cases where fingerprints were submitted before April 27, USCIS officers are expected to re-submit the fingerprints already on file through the new FBI system. Applicants generally should not be required to take further action unless specifically instructed by USCIS.

Newly filed cases received after April 27 may also be placed in a processing queue while USCIS works through the backlog of pending cases requiring re-vetting. At this time, one reported exception appears to be U.S. citizenship applications where oath ceremonies have already been scheduled.

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visa-3653492_1280On December 2, 2025, USCIS issued a policy memorandum placing a hold on numerous immigration benefit requests and ordering the re-examination of previously approved cases.

What the Memo Says: Key Provisions

  • Pending benefit requests frozen for many nationals. USCIS is pausing processing of all pending immigration benefit requests if the applicant’s country of birth or citizenship is one of the 19 countries listed in the June 2025 travel ban.
  • Affected Benefit Requests: The pause will affect pending Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-90 (Application to Replace Permanent Resident Card (Green Card)), Form N-470 (Application to Preserve Residence for Naturalization Purposes), Form I-751, (Petition to Remove Conditions on Residence), and Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records).
  • Re-review of approved benefits. Immigration benefits (green cards, status adjustments, travel documents, etc.) already approved may now be subject to re-review if the beneficiary entered the U.S. on or after January 20, 2021.
  • Asylum applications on pause — for everyone. All pending Forms I-589 (Asylum / Withholding of Removal applications) have been paused, regardless of nationality. The hold will remain in effect until lifted by the USCIS Director
  • Extensive list of potentially affected benefits. The freeze could impact I-485 adjustment-of-status applications, green-card renewals, travel documents, removal of conditional residence, preservation of residence for naturalization, and more. Employer-sponsored petitions may also face delays or uncertainty.

In short: thousands of pending and even approved immigration benefit cases could now be delayed or re-evaluated. The USCIS policy memorandum states that in light of recent threats to the American people:

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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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raul-najera-TAqspfWom04-unsplash-scaledOn Friday August 15th, the U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum (PM-602-0188) increasing the scrutiny of applications for U.S. citizenship, as part of the Trump administration’s latest efforts to tighten eligibility for naturalization.

Specifically, USCIS has directed immigration officers to evaluate additional factors when assessing whether applicants demonstrate “good moral character,” a key requirement for naturalization, alongside passing English and civics tests.

The requirement of “good moral character” is typically met when applicants have no criminal history or have not engaged in conduct that would disqualify them from U.S. citizenship, such as committing violent crimes or aggravated felonies.

Friday’s policy memorandum however expands this determination stating that the “good moral character” assessment must involve more than a “cursory mechanical review focused on the absence of wrongdoing.” The expanded policy will now require “a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.”

This directive mandates greater scrutiny of factors that could show a lack of “good moral character,” which go beyond the crimes and disqualifying conduct previously taken into consideration by USCIS.

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pieter-van-de-sande-r6BdUpN_iSk-unsplash-scaledPresident Trump’s first 100 days in office have been marred by controversial actions targeting both legal and illegal immigration.

In its latest move, the Trump administration is going even further by targeting “sanctuary” cities which are state and local jurisdictions that limit their cooperation with federal immigration law enforcement officials. “Sanctuary” cities have been known to enact policies that prohibit the detention of individuals solely based on their immigration status and restrict the sharing of information about immigrants with federal authorities.

To force them into compliance, the Trump administration has begun filing lawsuits against sanctuary cities seeking to penalize them for their disobedience.

The first of these lawsuits targets Colorado and Denver for impeding federal immigration authorities from carrying out deportations. Denver is one of many states with state laws that prevent state and local officials from cooperating with federal immigration authorities. For instance, a Denver state law prevents the use of the city’s resources to assist with immigration enforcement, while a separate executive order establishes Denver as a “sanctuary city,” welcoming undocumented immigrants.

If Trump has it his way, the lawsuit would undo Colorado’s sanctuary state laws by declaring them unconstitutional and prohibiting their enforcement.

Interestingly, in responding to the lawsuit, the governor of Colorado Jared Polis denied Colorado’s status as a sanctuary state and said that Colorado regularly cooperates with federal law enforcement authorities.

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donald-trump-4921211_1280On April 28th, President Donald Trump signed two new executive orders that significantly impact U.S. immigration policy and enforcement.

These presidential actions are a continued effort to prioritize national security by enhancing law enforcement capabilities and imposes penalties on “sanctuary” cities that limit cooperation with federal immigration authorities.

  • Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens

The first executive order entitled “Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens,” empowers state and local law enforcement agencies to take stronger action against crime by expanding their authority and increasing investment in prison infrastructure. It also holds state and local officials accountable for obstructing criminal law enforcement or violating civil rights.

Specifically, it directs the Attorney General to prosecute officials who

willfully and unlawfully direct the obstruction of criminal law, including by directly and unlawfully prohibiting law enforcement officers from carrying out duties necessary for public safety and law enforcement; or

unlawfully engage in discrimination or civil-rights violations under the guise of “diversity, equity, and inclusion” initiatives that restrict law enforcement activity or endanger citizens.

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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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