Visa Lawyer Blog

Articles Posted in Deportation & Removal

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ai-generated-9069949_1280On May 12, 2025, Secretary of Homeland Security Kristi Noem announced that the State Department will not renew Temporary Protected Status (TPS) benefits for Afghanistan once the current designation expires on May 20, 2025.

Beneficiaries will be granted a 60-day transition period to make preparations to either depart the United States or seek alternative lawful immigration status in the United States, before Afghanistan’s designation officially terminates on July 14, 2025.

Employment Authorization

Beneficiaries with valid TPS Employment Authorization Documents (EADs) will continue to be authorized to work during the 60-day transition period.

DHS announced the agency will be automatically extending the validity of certain EADs previously issued under the TPS designation of Afghanistan through July 14, 2025.

As proof of continued employment authorization through July 14, 2025, TPS beneficiaries can present an EAD that has the notation A-12 or C-19 under Category and a “Card Expires” date of November 20, 2023, or May 20, 2025.

How We Got Here

Afghanistan was initially designated for TPS during the Biden administration on May 20, 2022. The designation was made based on the Secretary’s determination of ongoing armed conflict and extraordinary conditions in Afghanistan preventing the return of its nationals.

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airport-8081875_1280On Friday May 9, 2025, President Trump signed executive order “Establishing Project Homecoming,”a new White House initiative aimed at encouraging the voluntary departure of undocumented immigrants from the United States.

This new policy offers financial incentives and logistical support to those who facilitate self-deportation, with the stated goal of reducing the fiscal and social burdens associated with deportation to prioritize funding for Americans in need.

Key Provisions of Project Homecoming:

  • Free Government-Funded Flights:Undocumented immigrants are offered complimentary flights to any country willing to accept them, excluding the United States.This service is accessible through the government’s new “CBP Home” mobile application and at participating airport
  • $1,000 Exit Bonus: Individuals who voluntarily and permanently depart the U.S. under this program are allegedly eligible to receive a $1,000 “exit bonus” upon successful relocation.
  • Concierge Travel Assistance: A government-provided concierge service is available at airports to assist individuals, even those lacking valid travel documents from their home countries, in booking flights and navigating the voluntary departure process.

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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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sam-balye-w1FwDvIreZU-unsplash-scaled

Following a wave of lawsuits from international students whose visas and Student and Exchange Visitor Information System (SEVIS) records were terminated without prior notice, the Trump administration has suddenly changed its course.

In recent weeks, U.S. Immigration and Customs Enforcement (ICE) has begun reinstating SEVIS records that were previously terminated, after seemingly recognizing that the government did not go through the appropriate channels to do so.

Over the past month, it is estimated that the State Department and ICE collectively cancelled over 300 F-1 student visas and terminated more than 4,736 SEVIS records primarily due to student encounters with law enforcement, criminal charges that were dismissed, and old misdemeanors pre-dating visa issuance. These SEVIS terminations automatically exposed students to unlawful presence in the United States, and the risk of deportation.

It was further discovered that ICE utilized AI assisted programs to screen the social media posts of F-1 international students and terminated their legal status based on antisemitic activity or alleged support for terrorist organizations such as Hamas and Hezbollah.

In response, students across the country sued the government to preserve their status, leading federal judges to issue a series of emergency orders to stop the government from cancelling visas and SEVIS records.

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tingey-injury-law-firm-S2rcAJbBxX0-unsplash-scaledWe are pleased to report that on April 14, 2025, a Massachusetts federal judge issued a temporary nationwide injunction, suspending the Department of Homeland Security’s (DHS) termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs. The termination was set to take effect on April 24, 2025, and would have ended parole authorization and any associated benefits, including work authorization for individuals in the United States under the CHNV parole programs. The judge’s decision suspends the Trump administration’s cancellation of these programs.

What You Need to Know

  • A federal district court judge has issued a temporary nationwide injunction immediately blocking the Department of Homeland Security from terminating the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs, which were expected to terminate on April 24, 2025.
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student-5473769_1280F-1 International Students at university campuses across the country have been rocked by alarming reports that their visas and SEVIS records have been suddenly terminated by U.S. Immigration and Customs Enforcement (ICE), without any prior notice to the university or the student.

This new wave of SEVIS terminations which began early this month has led to a string of lawsuits filed in federal district court, challenging the legality of the terminations.

School officials became aware of terminated F-1 student records only after conducting checks of the Student & Exchange Visitor Information System (SEVIS) system. The records of those impacted simply state that the visa revocations were due to an immigration status violation.

The following three generic classifications have been provided for the terminations:

  • Termination based on serious adverse foreign policy consequences
  • Student identified in a criminal records check
  • Student identified in criminal check and/or has had their visa revoked

No further details regarding the reason for the terminations have been provided by the government, nor were school officials notified of actions taken.

What is SEVIS?

The Student and Exchange Visitor Information System (SEVIS) is an online system used by the U.S. Department of Homeland Security (DHS) to maintain information on Student and Exchange Visitor Program (SEVP)-certified schools, F-1 and M-1 students who come to the United States to begin a program of student.

Designated school officials use SEVIS to issue Forms I-20 to specific nonimmigrants to obtain F or M status while enrolled at the school and to satisfy their legal responsibilities.

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criminal-8444883_1280The unthinkable has now become a reality. In a recent court filing, the U.S. government disclosed that the Internal Revenue Service (IRS) has agreed to disclose protected tax records to aid Immigration and Customs Enforcement (ICE) in the mass deportation of undocumented immigrants.

The existence of this agreement was initially reported by the New York Times and was revealed in response to a lawsuit brought by Centro de Trabajadores Unidos and Immigrant Solidarity Dupage two immigrant worker organizations, against the IRS to prevent them from engaging in the unauthorized disclosure of taxpayer information for purposes of immigration enforcement.

Under the terms of the deal, ICE officials can request information from the IRS about undocumented immigrants they are investigating for failing to leave the country after receiving a final order of removal from a judge.

This news has caused panic among undocumented immigrants who do not want to file their taxes for fear of being deported.

Many will certainly be discouraged from filing their taxes as they have typically done using an Individual Taxpayer Identification Number (ITIN). An ITIN number is issued by the IRS to people who are not citizens and are not otherwise eligible to receive a Social Security number to comply with their tax obligations.

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poster-7297156_1280

In President Trump’s latest legal battles, a federal judge from the U.S. District Court of Massachusetts has dealt a blow to the administration’s plans to fast-track the deportations of thousands of undocumented migrants with final orders of removal.

Today, federal judge Brian Murphy issued a nationwide temporary restraining order immediately blocking U.S. Immigration and Customs Enforcement (ICE) from deporting migrants from the United States to countries with which they have no existing relationship, without first providing them written notice and a meaningful opportunity to claim relief under the Convention Against Torture (CAT) for immigrants fearing persecution.

This decision was made in response to a lawsuit filed by a group of migrants challenging ICE policies that expedite the removal of undocumented immigrants released from detention to third countries.

The judge’s court order specifically prohibits the U.S. government from:

“Removing any individual subject to a final order of removal from the United States to a third country, i.e., a country other than the country designated for removal in immigration proceedings, UNLESS and UNTIL [the government] provide[s] that individual, and their respective immigration counsel, if any, with written notice of the third country to where they may be removed, and UNTIL Defendants provide a meaningful opportunity for that individual to submit an application for CAT protection to the immigration court, and if any such application is filed, UNTIL that individual receives a final agency decision on any such application.”

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