Visa Lawyer Blog

Articles Posted in ICE

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joseph-chan-Q-730ajUcQ-unsplash-1-scaledFor years, DACA gave hundreds of thousands of young immigrants a fragile kind of security: permission to work, build lives, and avoid deportation — at least temporarily.

That security just got weaker.

On April 24, 2026, the Justice Department’s Board of Immigration Appeals issued a new precedent decision saying that DACA status alone is not enough to end deportation proceedings. The case involved Catalina “Xóchitl” Santiago, a DACA recipient whose removal case had been terminated by an immigration judge because her DACA protection was still active. DHS appealed — and won.

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On Thursday last week, the U.S. House of Representatives advanced a bill that would extend protections for hundreds of thousands of Haitian immigrants currently living in the United States under Temporary Protected Status (TPS).

The proposal would allow eligible Haitians to remain in the country and continue working legally for an additional period due to ongoing instability and humanitarian challenges in Haiti.

The move comes amid strong political disagreement, with supporters arguing that Haitian immigrants contribute significantly to essential industries such as healthcare and caregiving, and that returning them to unsafe conditions would be both harmful and impractical.

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A tragic case out of South Florida is raising serious concerns for teens pulled into the tight grip of immigration enforcement. A 19-year-old Mexican national, Royer Perez-Jimenez, recently died while in ICE custody at a detention facility, with early reports pointing to a possible suicide. The incident is still under investigation, but it highlights ongoing concerns about conditions inside immigration detention centers.

His death marks the youngest reported in ICE custody during President Trump’s second term and adds to a growing number of detainee deaths nationwide. At least 36 people have died in ICE custody since January 2025, continuing an alarming trend.

In light of this tragedy, the Mexican government has called for a thorough investigation, emphasizing concerns over detainee safety and accountability. Meanwhile, longstanding issues within detention centers persist, including reports of poor conditions, inadequate medical care, and the psychological toll of prolonged detention.

ICE maintains that detainees are held in safe and humane conditions and receive appropriate medical care. However, the increasing number of deaths continues to fuel public scrutiny, with calls for greater oversight and systemic reform.

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Source: Flickr Creative Commons Attribution Gage Skidmore

On March 5, 2026, President Donald Trump announced the firing of Kristi Noem as Homeland Security Secretary and nominated Senator Markwayne Mullin to take her place at the helm of the Department of Homeland Security (DHS).

Noem’s tenure had been controversial, drawing bipartisan scrutiny over hardline immigration enforcement tactics including the deaths of U.S. Citizens Renee Good and Alex Pretti, as well as internal management issues at DHS. Her replacement reflects not just a personnel change but a continuation of the administration’s approach to immigration and border security.

Mullin, an Oklahoma Republican with a decade of legislative experience and close ties to Trump, brings to the role a firm commitment to strict immigration enforcement. Although some hoped the shake-up might bring a softer approach to immigration, most signs point to continuity, with Mullin expected to maintain the administration’s focus on border security and strict enforcement.

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police-car-9817014_1280-1An internal Immigration and Customs Enforcement (ICE) policy memorandum provides new insights into how immigration enforcement works inside people’s homes.

According to the memorandum, as early as May 2025, ICE told officers and agents they could break into people’s homes without a judicial warrant, as long as they had an administrative warrant and the person inside had a final deportation order.

The detention of people inside their residences, based solely on administrative warrants, marks a concerning shift in policy.

For years, legal experts have said the rule is simple: don’t open the door unless agents show a judge-signed warrant. The Fourth Amendment is clear—your home is protected from unreasonable searches and seizures. Typically, law enforcement can only enter with a judge’s approval, your permission, or in rare emergencies.

But this new policy says administrative warrants are enough. ICE officers are instructed to knock, identify themselves, and state their purpose. If someone refuses, according to the memo, agents can use “necessary and reasonable force” to enter.

The Department of Homeland Security says this is legal because “immigrants in the country illegally who are served administrative warrants or I-205s, (removal or deportation warrants), have had full due process and a final order of removal from an immigration judge.” But it removes a key constitutional safeguard and could lead to serious abuse.

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A chilling photo of 5-year-old Liam Conejo Ramos in Minnesota has put a human face to rising concerns over aggressive immigration enforcement actions taken by ICE officials.

Since that photo made national headlines, we’ve learned that federal immigration agents detained the boy and his father outside their home in Columbia Heights, a Minneapolis suburb, as they returned from the boy’s preschool.

According to the superintendent of the school district, the boy was removed from the family vehicle in the driveway and was told by agents to knock on the family’s door to see if anyone else was inside. The family said ICE agents used the boy in an attempt to coax his mother out of the house — something she avoided doing out of fear of being detained while pregnant and caring for another teenage son.

DHS denies these claims, saying the boy was taken into custody only after his father told officers he wanted the child to remain with him. Officials said they attempted to place the boy with relatives before detaining him alongside his father. Following the incident, DHS issued a statement on X, stating, “Parents are asked if they want to be removed with their children, or ICE will place the children with a safe person the parent designates.”

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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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In the wake of a deadly shooting of two National Guard members in Washington, D.C., U.S. Citizenship and Immigration Services (USCIS) has been instructed to pause all asylum decisions until further notice.

Asylum officers at USCIS, a branch of the Department of Homeland Security, have been told to refrain from approving, denying or closing affirmative asylum applications received by the agency.

The directive comes after authorities reported that the perpetrator of the shooting was an Afghan national who had previously been granted asylum.

Officials have framed the pause as a measure to “reassess immigration and vetting procedures” in light of public safety concerns. This decision will create delays for thousands of asylum seekers who are already navigating a complex and uncertain system.

In-person appointments for applicants seeking updates on their cases are also canceled until further notice.

According to internal guidance, officers may continue conducting asylum interviews and reviewing cases up to the point of issuing a decision. “Once you’ve reached decision entry, stop and hold,” the directive stated.

On November 28th USCIS Director Joseph Edlow confirmed the news on X.

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San Diego’s immigration community has been rattled by new reports that Immigration and Customs Enforcement (ICE) is arresting individuals with no criminal history during routine green card interviews at USCIS offices—a practice that is historically unprecedented and deeply alarming.

What’s Happening

Starting in early November, immigration attorneys began reporting that ICE agents had been detaining green card applicants at routine interviews conducted at USCIS field offices.

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cityscape-5351686_1280A federal judge has issued a court order requiring that immigrants detained at a U.S. Immigration and Customs Enforcement (ICE) processing center in downtown Los Angeles be granted access to their attorneys in a timely manner.

The ruling comes after lawyers reported that detainees were frequently denied phone access, had in-person meetings canceled, and faced pressure to sign legal documents without private counsel.

The B‑18 facility, originally designed as a short-term holding space, lacks basic amenities such as beds, showers, and adequate medical services. Advocates say ICE has effectively turned it into a long-term detention site, restricting detainees’ ability to communicate with the outside world.

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