Visa Lawyer Blog

Articles Posted in Immigration Crackdown

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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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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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the-now-time-KXUKLB-_Sb0-unsplash-1-scaledOn Friday, June 5, a federal judge struck down several Trump administration immigration policies that targeted asylum seekers and halted the processing of immigration benefit applications for individuals from 39 countries, finding that the administration had exceeded its legal authority.

Last year, the administration paused asylum case processing and suspended immigration benefit applications for affected individuals subject to the travel ban for an undetermined period of time, leaving millions of immigrants across the United States facing uncertainty about their legal status.

In a lengthy 135-page court opinion, Chief U.S. District Judge John McConnell found that the U.S. Citizenship and Immigration Services (USCIS) acted unlawfully by implementing broad restrictions without authorization from Congress or established regulations. The court concluded that the policy unfairly targeted applicants based on their country of origin and violated federal immigration and administrative law.

The opinion comes after several plaintiff organizations including Dorcas International Institute of Rhode Island and Refugee Dream Center filed a lawsuit in federal court arguing that thousands of individuals were prevented from obtaining lawful immigration benefits despite meeting eligibility requirements. The ruling reinforces the principle that immigration agencies must follow existing law and cannot create sweeping restrictions without proper legal authority.

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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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markus-spiske-RX-BevgxSXs-unsplash-scaledIn a policy memorandum released today, just ahead of the Memorial Day holiday, the Trump administration announced that temporary visa holders seeking green cards should leave the United States and complete their immigration process through consular processing in their home countries.

But is adjustment of status completely off the table? No. While the government has made clear that individuals intending to immigrate to the United States are generally expected to pursue immigrant visas abroad, adjustment of status remains a discretionary pathway to a green card.

When deciding whether to exercise discretion to grant adjustment of status in the United States, USCIS officers will apply a “totality of the circumstances” analysis, weighing both favorable and unfavorable factors before reaching a decision.

Overview

For decades, Adjustment of Status has been one of the most reliable pathways to apply for a green card for immigrants already living in the U.S., who entered the country lawfully. This process has involved filing the I-485, remaining in the country while the green card case is pending, waiting for an interview, and receiving a final approval.

The ability to apply for adjustment of status has not been taken away with today’s announcement, however, the sense of security that applicants once had has been blurred.

The Policy Memorandum

In its policy memorandum, the government stressed that individuals admitted to the United States on temporary visas (tourist, student, work visas, etc.) are generally expected to leave the country rather than pursue Adjustment of Status from inside the U.S.

Instead, those wishing to remain in the U.S. permanently are expected to apply for an immigrant visa from abroad. But today’s announcement does not prevent those who qualify from seeking adjustment of status, although applicants should exercise greater caution and understand that certain factors may negatively affect their chances of approval.

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The White House is reviewing a proposed federal rule (RIN: 1653-AA95) that could change how international students maintain legal status in the United States. The proposal, submitted by the Department of Homeland Security (DHS), would replace the long-standing “duration of status” framework with fixed-term limits for student visas.

If finalized, the rule would affect students on F-1 visas, as well as some exchange visitors and foreign media. Under the current system, international students can remain in the U.S. for as long as they are enrolled full-time and comply with visa requirements.

The proposed change would instead impose a four-year stay limit before students would need to apply for a renewal of their status.

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d4rkwzd-recruitment-6838250_1280The Trump administration has introduced a new visa screening policy at consulate interviews that could make it harder for people with potential asylum claims to enter the United States.

According to the Washington Post, consular officers are now directed to ask nonimmigrant visa applicants whether they have been persecuted in their home country, or fear harm if they return.

That question may sound harmless, but the consequences are significant. If an applicant says they have suffered harm/mistreatment in their country, or fear harm/mistreatment in returning home, their visa could be denied. If they say they do not fear returning to their home country and later apply for asylum in the United States, the government may use that earlier answer against them. This creates a serious dilemma for people who may genuinely need protection in the future.

The policy appears designed to screen potential asylum claims before an applicant ever reaches U.S. soil. Under U.S. asylum law, a person generally must be physically present in the United States or arrive at a U.S. border to request asylum. By using the visa process to flag and deny applicants who may later seek protection, the government could stop some individuals from ever getting the chance to present their asylum claims.

This change could especially affect people from countries facing political violence, religious persecution, war, government abuse, or targeted discrimination. Students, tourists, workers, and business visitors may all face difficult questions if they have legitimate reasons to travel to the U.S. on temporary visas but also fear returning home.

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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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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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