Visa Lawyer Blog

Articles Posted in Immigration Crackdown

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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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judge-3008038_1280This week, the Justice Department announced that it has hired 36 new immigration judges — 11 permanent and 25 temporary — for the Executive Office for Immigration Review (EOIR), a key agency that handles immigration court proceedings in deportation cases.

What’s happening?

The hiring comes after several months of layoffs among immigration judges occurring earlier this year. In the past 10 months, EOIR fired more than 125 judges, causing delays in immigration court proceedings across the country.

The courts in Massachusetts and Illinois were among the most affected by these departures. The good news is these newly hired judges will begin serving across 16 states nationwide.

Who are the new judges?

  • The permanent hires largely come from federal‑government backgrounds: some from EOIR itself, some from the Department of Homeland Security (DHS), and others who previously trained agents or worked as asylum officers.
  • The temporary hires include military attorneys drawn from the Marines, Navy, Air Force, and Army.
  • These changes accompany a modification in DOJ policy that lowers the qualification requirements for temporary judges—prior immigration law experience is no longer mandatory.

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us-1978465_1280Last week, the U.S. Supreme Court handed down a troubling decision that could strip legal status from hundreds of thousands of Venezuelans currently living in the United States under Temporary Protected Status (TPS).

On Friday, the Court granted the Trump administration’s request to halt a lower court ruling that found the administration’s cancellation of TPS protections for Venezuelans unlawful. The unsigned order from the Court effectively allows the government to proceed, for now, with its plans to revoke temporary protections that had shielded Venezuelan nationals from deportation and granted them employment authorization.

TPS was created in 1990 as a humanitarian safeguard for individuals whose home countries are experiencing extraordinary crises such as armed conflict, environmental disasters, or other temporary but severe disruptions. Venezuela was designated for TPS in 2021 under President Biden, in response to the country’s severe economic collapse, widespread human rights abuses, and political instability.

Since then, approximately 300,000 Venezuelans have relied on that protection to live and work legally in the U.S., building lives, paying taxes, and raising families.

Trump Administration Moves to Strip Venezuela’s TPS Designation

But the political tides have shifted. When the Trump administration returned to office, it appointed Kristi Noem as Secretary of Homeland Security. Earlier this year, Noem moved to revoke Venezuela’s TPS designation, arguing that conditions in the country had improved and that continuing the program was no longer in the national interest. That decision sparked immediate legal challenges. A coalition of Venezuelan TPS recipients and advocacy groups sued, claiming the administration’s actions were arbitrary, rushed, and in violation of federal law.

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ai-generated-9069946_1280The legal immigration landscape was shaken once again late Friday evening when the President issued a new proclamation barring new H-1B workers from entering the United States—unless their employers pay a $100,000 fee for each sponsored employee.

The proclamation took effect at 12:01 a.m. EDT on Sunday, September 21, and will remain in effect until a court order halts its implementation.

Emergency Litigation

A surge of emergency lawsuits is expected to be filed by impacted H-1B workers and their sponsoring employers, seeking a nationwide injunction to stop the implementation of the executive order. A court could issue an injunction as early as Monday. We will provide litigation updates as they develop in the coming days.

Highlights of the Executive Order

  • Effective today September 21, 2025, certain H-1B workers will be denied entry into the United States unless their employer pays a $100,000 fee on their behalf, according to the proclamation signed by President Trump late Friday.
  • Application: The ban on entry and the associated fee requirement applies only to any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.
  • The proclamation does not apply to:
    • any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
    • does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
    • does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
  • Misuse of B Visas: The proclamation warns that individuals with approved H-1B petitions should not misuse B visas to enter the U.S. for jobs that start before October 1, 2026.
  • National Interest Exemptions: The proclamation grants the Department of Homeland Security authority to issue exemptions for individuals, specific employers, or workers in designated industries—if the agency determines that the H-1B employment serves the national interest and poses no threat to U.S. security or public welfare.
  • Termination: Absent a court order, this restriction will remain in effect for 12 months but may be extended based on recommendations from federal immigration agencies. An extension would continue the ban for individuals approved under the FY 2027 H-1B cap.
  • Changes to the Prevailing Wage: Besides restricting H-1B entry, the proclamation directs the Department of Labor to revise prevailing wage levels and prioritize H-1B approvals to high-skilled, high-paid H-1B workers.

In the hours after the proclamation was issued, chaos unfolded as H-1B visa holders, advised by their employers and legal counsel, abandoned flights and canceled international travel due to uncertainty about how the proclamation would be enforced at the U.S. border.

Adding to the uncertainty was the absence of clear guidance from immigration authorities, including the Department of Homeland Security (DHS) and Customs and Border Protection (CBP), about how the proclamation is to be enforced against current H-1B visa holders and approved beneficiaries.

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prison-370112_1280Introducing sweeping changes, U.S. Citizenship and Immigration Services (USCIS) has expanded its role by gaining law enforcement powers previously limited to agencies like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

Under a new final rule published today, USCIS will now recruit 1,811-classified special agents—fully empowered officers with authority—to investigate, arrest, and prosecute individuals violating U.S. immigration laws.

What’s Changed?

  • Law Enforcement Authority: The newly designated USCIS special agents are authorized to carry firearms, execute search and arrest warrants, make arrests, and use force—including in pursuit and potentially lethal situations—under standard federal law enforcement protocols.
  • Operational Autonomy: Previously, USCIS investigations—especially those involving criminal violations—were referred to Immigration and Customs Enforcement (ICE).
  • Enforcement Agency: Now, USCIS itself can manage law enforcement investigations from start to finish, including investigating civil and criminal violations within the jurisdiction of USCIS and ordering expedited removal when warranted.

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update-1672349_1280On September 3, 2025, the Department of Homeland Security (DHS) announced the termination of the 2021 designation of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden.

The government’s actions mean that the 2021 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will expire on September 10, 2025. The termination becomes effective 60 days after publication of the Federal Register notice.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS protections for Venezuelan nationals.

What this means

  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries until September 10, 2025. The termination of the 2021 designation cannot take effect until 60 days after the termination notice is published in the Federal Register.

All TPS protection and associated work authorization will expire on the dates indicated above.

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marek-studzinski-9U9I-eVx9nI-unsplash-scaled

A new UC Berkeley IGS poll shows that a strong majority of California voters disapprove of the Trump administration’s immigration enforcement tactics. Nearly 70% of respondents said they are unhappy with how immigration is being handled in the state — and many reported emotional responses to images of raids, describing them as unfair and upsetting.

The poll reveals a sharp political divide. Ninety-five percent of Democrats expressed disapproval with Trump’s immigration enforcement, while 79% of Republicans voiced support. Emotional reactions followed suit: most Democrats said they felt anger or sadness when shown footage of enforcement actions, while most Republicans felt hopeful or satisfied.

Specific policy questions revealed more tension. An overwhelming majority of Democrats support requiring immigration agents to wear visible ID and oppose raids in places like schools and hospitals. Republicans were more divided, with only about half supporting agent identification and a slight majority favoring enforcement in public spaces.

The issue of birthright citizenship also proved polarizing. 67% of Republicans said they support ending automatic citizenship for children born to undocumented parents, while 92% of Democrats opposed such a move.

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usa-8643859_1280On August 21, 2025, Secretary of State Marco Rubio announced that the State Department is temporarily pausing the issuance of work visas for foreign nationals seeking employment as commercial truck drivers in the U.S.

“Increasing numbers of foreign drivers behind the wheels of large tractor-trailers on America’s roads are putting lives at risk and threatening the jobs of American truckers,” Rubio stated in a post on X.

The likely reason behind this drastic move is a deadly highway crash that occurred in the state of Florida, involving a commercial truck driver who made an illegal U-turn killing at least three people.

Federal authorities claim that the driver entered the United States illegally, did not speak English, and held a limited-term commercial driver’s license from the state of California. According to the California Department of Motor Vehicles (DMV), the federal government confirmed the driver’s legal presence in the United States when it approved his commercial driver’s license in 2024.

Earlier this year, President Trump signed an executive order directing the enforcement of a rule requiring commercial drivers in the U.S. to meet English proficiency standards, with violators subject to being taken out of service. Based on an internal investigation conducted by the U.S. Department of Transportation, the driver failed to establish English proficiency “providing correct responses to just two of 12 verbal questions and only accurately identifying one of four highway traffic signs.”

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statue-9782657_1280On Tuesday, August 19th, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance clarifying that immigration officers will assess a range of factors when determining whether to grant a favorable exercise of discretion in the green card process—signaling a tougher stance that may create additional hurdles for applicants seeking approval.

Even where a person has met all eligibility requirements for a green card, officers are required to conduct a discretionary analysis to determine whether an application should be approved. This exercise of discretion involves weighing positive factors against negative ones and considering the totality of the circumstances of each applicant’s case.

Among these factors, immigration officers will need to consider the “[legality of] past requests for parole,” “any involvement in anti-American or terrorist organizations,” and “evidence of antisemitic activity,” which are counted as negative factors weighing against a favorable exercise of discretion.

This guidance is also meant to provide clearer guidance to immigration officers on the “substantial negative discretionary weight” that should be given in cases where an individual has “endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group.” This includes those supporting or promoting anti-American sentiments, antisemitic terrorism, terrorist groups with antisemitic agendas, or antisemitic beliefs.

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the-now-time-KXUKLB-_Sb0-unsplash-scaledOn August 1st the U.S. Citizenship and Immigration Services (USCIS) announced new policies that could make immigrants applying for green cards through family-based petitions more vulnerable to deportation.

The changes appear in various updates to USCIS’ Policy Manual which states that immigration officials can begin removal proceedings for immigrants who lack legal status and apply to become permanent residents through family-based petitions.

According to the Policy Manual, “if USCIS determines the alien beneficiary is removeable and amenable to removal from the United States, USCIS may issue a Notice to Appear (NTA) [in immigration court] placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.”

The new policy went into effect immediately and applies to pending requests for a green card, and those filed on or after August 1st.

While the practical impact of this policy is yet to be seen, it provides immigration officials with more discretion to initiate removal proceedings even where a green card application is pending with USCIS, for those who entered the U.S. illegally, overstayed a U.S. visa, or otherwise failed to maintain their legal status.

These policy changes underscore the importance of maintaining underlying legal status throughout the green card process. Those who lack legal status or who lost their status during the green card process may be most at risk.

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