Visa Lawyer Blog

Articles Posted in Immigration Enforcement

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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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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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