Visa Lawyer Blog

Articles Posted in Immigration Crackdown

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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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hiring-1977914_1280The U.S. Department of Homeland Security (DHS) has issued a final rule that replaces the longstanding random H‑1B cap lottery with a wage‑level‑based weighted selection system, set to take effect in time for the fiscal year 2027 H‑1B cap season beginning in March 2026.

Under the new rule, beneficiaries registered for the H‑1B cap will be entered into the selection pool with entries weighted according to the wage offered by their prospective employer under the Department of Labor’s four‑level prevailing wage system.

A beneficiary offered a Level 4 wage receives four entries in the selection pool, Level 3 three entries, Level 2 two entries, and Level 1 one entry, giving higher‑wage positions statistically greater odds of selection than lower‑wage positions.

Employers must indicate the appropriate wage level, occupational code, and work location in each registration, and U.S. Citizenship and Immigration Services (USCIS) may deny or revoke petitions if it determines that an incorrect wage level was indicated to unfairly increase selection odds.

The rule is scheduled to take effect 60 days after its December 29 publication in the Federal Register, though it may face court challenges before implementation.

Requirements for Offered Wages

H‑1B cap registrations will reflect the OEWS wage level corresponding to the wage offered to the prospective employee. When submitting a registration, the sponsoring employer must select the highest OEWS wage level that the offered wage meets or exceeds for the relevant occupation in the intended work location.

If the employee will work in multiple locations, the employer must use the lowest applicable OEWS wage level. Additionally, if multiple employers register the same foreign national, that individual will be entered into the H‑1B lottery using the registration with the lowest prevailing wage level.

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nils-huenerfuerst-xkq3mbthlh0-unsplash-scaledThe U.S. government has issued a revised travel ban that takes effect at 12:01 a.m. ET on January 1, 2026, significantly expanding restrictions on visa issuance for nationals of 39 countries and individuals travelling with Palestinian Authority–issued travel documents.

Under the new presidential proclamation, immigrant and nonimmigrant visas are fully suspended for nationals of 19 countries, which now include seven newly added nations. An additional 19 countries face partial restrictions — limiting immigrant visas and certain nonimmigrant categories (e.g., B, F, M, J visas). One country, Turkmenistan, now faces only immigrant visa restrictions.

Importantly, the ban does not revoke existing visas or apply to foreign nationals already in the United States on January 1, 2026, with valid visas. Other exceptions include U.S. lawful permanent residents, dual nationals travelling on a non-designated passport, certain diplomats, and athletes travelling for major events.

This expanded travel ban marks one of the most sweeping visa restrictions in recent U.S. policy, with potential impacts on U.S. employers, and visa holders.

What are the countries subject to full restrictions

The proclamation adds seven countries to the existing 12 countries whose nationals are barred from both immigrant and nonimmigrant visa issuance. The initial 12 countries with continued full visa restrictions are:

  • Afghanistan
  • Burma
  • Chad
  • Republic of Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Libya
  • Somalia
  • Sudan
  • Yemen

The proclamation adds the following seven countries to the full restriction list:

  • Burkina Faso
  • Laos (previously on the June travel ban “partially restricted” list)
  • Mali
  • Niger
  • Sierra Leone (previously on the June travel ban “partially restricted” list)
  • South Sudan
  • Syria

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DHS Ends Family Reunification Parole Programs

On December 12, 2025, the Department of Homeland Security (DHS) announced that it is terminating all categorical Family Reunification Parole (FRP) programs for citizens of Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, including their immediate family members.

These programs allowed certain relatives of U.S. citizens and permanent residents to enter the United States on parole while awaiting completion of the immigrant visa process.

DHS described the move as an effort to end what they described as the “abuse of humanitarian parole,” arguing that these programs allowed individuals to bypass traditional immigration procedures without sufficient vetting. Under the new policy, parole will be granted on a case-by-case basis.

The termination takes effect December 15, 2025, and parole for individuals already admitted under FRP will generally expire on January 14, 2026, unless they have a pending Form I-485 Application to Adjust Status that is postmarked or electronically filed on or before December 15 and it is still pending on January 14, 2026.

If an individual has a pending Form I-485, their parole will remain valid until either their period of parole expires or USCIS makes a final decision on their pending Form I-485, whichever is sooner. If the Form I-485 is denied, the period of parole will be terminated, and they will be required to depart the United States or seek relief through alternative legal pathways.

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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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south-sudan-1758979_1280On November 5th the Department of Homeland Security (DHS) announced that the country‑specific designation of South Sudan will be terminated for the Temporary Protected Status (TPS) program. The TPS designation for South Sudan will end on January 5, 2026.

What’s the background?

  • South Sudan was first designated for TPS in 2011 due to ongoing armed conflict and extraordinary temporary conditions in the country.
  • The designation was extended multiple times, including a six‑month extension from May 2025 through November 2025, because DHS was unable to make a timely determination by the statutory deadline.
  • In its termination decision, DHS determined that South Sudan “no longer continues to meet the conditions” for TPS under the statute.

Who is affected?

Nationals of South Sudan (and certain stateless individuals who last habitually resided in South Sudan) who currently hold TPS under that country’s designation. After January 5, 2026, they will no longer have TPS status.

What’s the timeline and transition?

  • Until January 5, 2026: The termination becomes effective then.
  • During the transition period, certain employment authorization documents (EADs) issued under the South Sudan TPS designation remain valid through that date.

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