Visa Lawyer Blog

Articles Posted in ICE

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rtanvir-ukraine-7096789_1280Thousands of Ukrainian and Sudanese immigrants will retain their Temporary Protected Status (TPS) protections for now, despite their current designations being scheduled to expire on October 19, 2026.

On October 18, 2026, the U.S. Department of Homeland Security (DHS) confirmed to CBS News that existing TPS beneficiaries from both countries will remain protected while the agency considers whether to formally extend or terminate their designations.

According to DHS, final decisions will “be made at the appropriate time.” Until then, affected beneficiaries will “retain protection.”

What Is Temporary Protected Status (TPS)?

TPS is a humanitarian immigration program that allows eligible nationals of designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions to temporarily remain in the United States.

Individuals granted TPS generally receive protection from deportation and may obtain employment authorization. However, TPS does not automatically provide a pathway to permanent residency.

What Is Changing for Ukraine and Sudan?

In January 2025, DHS extended TPS for both Ukraine and Sudan for 18 months, from April 20, 2025, through October 19, 2026.

The extensions were based on continuing armed conflict and dangerous conditions preventing nationals from safely returning to their home countries.

According to CBS News, DHS has now confirmed that existing beneficiaries will retain their protections while the agency determines the future of the programs.

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mohamed_hassan-cash-3242592The Department of Homeland Security (DHS) and Department of Justice (DOJ) have finalized a rule making it easier and faster for the government to impose civil monetary penalties for certain immigration violations.

The rule applies to noncitizens who:

  • Willfully fail or refuse to leave the United States after a final removal order
  • Fail to depart within the time permitted under a voluntary departure order or
  • Are apprehended while unlawfully entering or attempting to enter the United States.

The rule does not create entirely new penalties. Instead, it changes the procedures DHS uses to impose existing fines.

How Much Are the Fines?

Current penalties can include:

  • $100 to $500 for unlawful entry or attempted entry;
  • Approximately $1,992 to $9,970 for failure to comply with voluntary departure; and
  • Up to $998 per day for willfully failing to depart after a final removal order.

Because some penalties accrue daily, the total amount can grow to hundreds of thousands of dollars or even exceed $1 million in long-running cases.

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ironhorse71-tourist-8183867_1280Recent developments in U.S. immigration law and immigration enforcement have changed the risks associated with both international and domestic travel for certain noncitizens.

This does not mean that all travel is unsafe or that every person with a pending immigration case should avoid traveling.

However, beginning August 13, 2026, your immigration history, current status, prior periods of unlawful presence, and pending applications may significantly affect whether travel is advisable.

For this reason, individuals with unresolved immigration-status issues should carefully review their circumstances before making any travel plans on or after August 13th.

Major Change to International Travel With Advance Parole

One of the most significant recent developments involves Advance Parole.

Advance Parole is a travel document that may allow certain noncitizens—including some applicants with a pending Form I-485 Application to Adjust Status—to temporarily leave the United States and regain admission using advance parole after temporary foreign travel.

For years, many applicants relied on the rule established in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which generally held that temporary international travel under Advance Parole was not considered a “departure” for purposes of the unlawful-presence bar addressed in that case.

That rule has now changed.

On August 13, 2026, the Board of Immigration Appeals (BIA) issued its precedential decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The BIA expressly overruled Arrabally and Yerrabelly and held that leaving the United States pursuant to Advance Parole can constitute a “departure” under INA § 212(a)(9)(B).

This is an important change because departure from the United States can trigger serious immigration consequences for individuals who previously accumulated unlawful presence.

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artsybeekids-capitol-5660507-scaledThe U.S. Senate has approved legislation providing approximately $70 billion in additional funding for immigration enforcement, including Immigration and Customs Enforcement (ICE) and U.S. Border Patrol. The measure passed by a 52-47 vote and now moves to the House of Representatives.

The bill significantly expands the administration’s immigration enforcement capabilities and provides substantial resources for detention, deportation, and border security operations through the remainder of President Trump’s term.

A major point of controversy was the bill’s inclusion of a $1.8 billion settlement fund connected to President Trump’s lawsuit over the disclosure of his tax records. Efforts to eliminate or restrict the fund failed, and the Senate ultimately passed the legislation without placing limits on how the money may be distributed.

The legislation marks one of the largest investments in federal immigration enforcement in recent years and reflects the administration’s continued focus on expanding immigration enforcement nationwide.

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vilkasss-ai-generated-9817359-scaledThe U.S. Department of Justice has officially closed the San Francisco Immigration Court months earlier than expected, transferring its operations to the Concord Immigration Court.

The sudden closure has caused uncertainty for thousands of immigrants whose cases were pending in San Francisco.

Immigration courts handle deportation proceedings, asylum claims, and other immigration-related hearings.

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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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