Visa Lawyer Blog

Articles Posted in Immigration Enforcement

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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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tingey-injury-law-firm-nSpj-Z12lX0-unsplash-scaledThe Trump administration has fired additional U.S. immigration judges, including two who recently blocked deportation efforts involving pro-Palestinian university students, according to a Reuters report.

The dismissals are part of a broader wave of removals within the immigration court system, which has already seen more than 100 judges fired since January 2025. The move reflects an ongoing effort to reshape the immigration judiciary by replacing experienced judges with those more aligned with hard-line immigration enforcement.

Among those dismissed were judges Roopal Patel and Nina Froes, both of whom were appointed during the Biden administration and were still within their probationary periods. They had recently issued rulings halting deportation proceedings in high-profile student cases.

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arpad-czapp-Cg94g0QFHv4-unsplash-scaledThe U.S. Department of State has announced expanded screening and vetting procedures for visa applicants, effective Monday March 30. As a result, applying for a U.S. visa will now involve closer review of your background, including your online activity.

Who Is Affected

The following nonimmigrant visa applicants may now be subject to enhanced review of their social media and online presence:

  • A-3
  • C-3 (if a domestic worker)
  • G-5
  • H-3
  • H-4 (dependents of H-3)
  • K-1
  • K-2
  • K-3
  • Q
  • R-1
  • R-2
  • S
  • T
  • U

These are in addition to H-1B applicants and their dependents, as well as F, M, and J student and exchange visitor visa applicants already subject to this review.

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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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The U.S. Department of Homeland Security is seeking to gain access to a federal database designed to track child support payments—a move that could expand the government’s ability to locate individuals for immigration enforcement.

According to reporting by ProPublica, officials have discussed whether DHS could obtain information from the Federal Parent Locator Service, a system maintained by the U.S. Department of Health and Human Services. The system helps states locate parents who owe child support.

One part of the system, the National Directory of New Hires, collects employment data reported by employers across the United States. The database includes wage and employment information for millions of workers.

Officials familiar with the discussions said DHS is evaluating whether this information could help immigration authorities locate undocumented immigrants. Although the database does not contain immigration status information, employment records could potentially help identify individuals’ locations.

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barelydevi-bakery-4737781_1280Beginning March 1, 2026, the U.S. Small Business Administration (SBA) will restrict its flagship loan programs—like the 7(a) and 504 loans—to businesses that are 100 % owned by U.S. citizens or U.S. nationals whose primary residence is in the United States.

Under the revised policy, lawful permanent residents (green card holders) are no longer permitted to hold any ownership stake (direct or indirect) in businesses seeking SBA‑backed loans.

A notice published by the agency earlier this month explains, “SBA is requiring that 100% of all direct and/or indirect owners of a small business applicant be U.S. Citizens or U.S. Nationals who have their Principal Residence in the United States, its territories or possessions.”

This rule removes a long-standing exception that previously allowed limited minority ownership of up to 5% by non‑citizens (such as E-2 investors) or green card holders under certain conditions.

Officials say the new rules implement President Trump’s January 2025 executive order, “Protecting the American People Against Invasion,” described as an effort to enforce U.S. immigration laws and safeguard public safety.

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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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In a new change to U.S. consular policy, the State Department has announced it will indefinitely pause immigrant visa issuance for nationals of 75 countries (see listed countries below), while it establishes a process for determining whether applicants are likely to become financially dependent on the U.S. government (also known as public charge).

The agency initially announced the news on social media and later published official guidance on the State Department website.

Under this new suspension—effective January 21, 2026—U.S. consular posts overseas will not issue immigrant visas (including family- and employment-based green cards) for applicants from the listed countries until the public charge policy is implemented. Applicants from these countries may still submit applications and attend interviews, but visas cannot be printed and issued during the pause.

Many of the affected nations are already subject to full or partial travel bans, meaning the practical impact may be limited for some applicants. Dual nationals applying with a passport from a country not on the list are exempt from the suspension.

The reason behind this policy shift is a renewed focus on the statutory “public charge” ground of inadmissibility, which allows visa refusal when an applicant is deemed likely to depend on U.S. government financial assistance in the future. The reassessment follows updated internal guidance that broadens the factors consular officers consider—including health, age, education, employment prospects, and financial stability—in evaluating public charge risk.

It remains unclear how long the suspension will last or how the public charge review process will ultimately change. Immigrant visa applicants from the affected countries should monitor communications from the State Department and prepare for potential delays in visa issuance.

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