Visa Lawyer Blog

Articles Posted in Lawsuits

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lawyer-3819044_1280The growing presence of U.S. Immigration and Customs Enforcement (ICE) officials at immigration courthouses nationwide has prompted several states to enact laws preventing ICE from arresting or detaining individuals attending their immigration hearings.

One such law passed by the state of New York is the “Protect Our Courts Act,” which shields individuals from being arrested by federal immigration authorities like ICE while traveling to, attending, or leaving court proceedings. This law is designed to guarantee that people can access the justice system without fearing immigration-related repercussions. It forbids arrests in these situations unless a judicial warrant or court order is shown to court personnel.

On June 12th the Justice Department sued the state of New York challenging the constitutionality of the Act under the supremacy clause. The government argues that it unlawfully obstructs federal immigration enforcement operations.

The Trump administration is seeking to invalidate these laws to facilitate detention and removal. According to the government, arrests at courthouses helps prevent individuals from evading authorities and decreases safety risks because of the security offered by courthouses.

In response to the lawsuit, the New York Civil Liberties Union issued a statement defending the state law adding, “This latest attempt by the Trump administration to meddle in our laws would push immigrant communities further into the shadows, throw due process out the window, and weaken trust in our justice system — making everyone less safe. It sends a dangerous message: that ICE can and should operate wherever it wants, regardless of the human cost.”

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Harvard Travel Ban Blocked by Federal Judge

Earlier this month President Trump had signed an Executive Order suspending the entry of all nonimmigrants and exchange visitors attending Harvard University, for a period of 6 months starting June 4th (the effective date of the proclamation).

Those affected by the executive order were F, J, and M visa holders outside of the United States as of the date of the proclamation. The suspension did not apply to nonimmigrants entering the United States to attend other universities.

Shortly after the executive order was issued, a federal judge granted a preliminary injunction, temporarily halting its enforcement until the court can rule on the merits of the case.

Following the court’s actions, the State Department ordered embassies and consulates around the world to resume visa processing for Harvard University students and exchange visitors.

As a result, Harvard students can breathe easier. While the preliminary injunction remains in effect, consulates are barred from denying visas to Harvard students and exchange visitors, and visa holders attending Harvard cannot be refused entry to the United States.

For more information, please click here.

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united-states-8911597_1280After months of speculation and buildup, President Trump’s long-anticipated travel ban has finally arrived.

Issued by executive order on June 4th President Trump’s travel ban entitled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” closely mirrors the leaked draft that first surfaced in early March through the New York Times.

That draft hinted at sweeping restrictions targeting so-called “red,” “orange,” and “yellow” countries—coded designations that formed the backbone of President Trump’s proposed directive.

While there are notable differences, as predicted, the administration has framed the ban as a national security measure, but critics argue it remains susceptible to being challenged or overturned through lawsuits that may soon be filed in federal court.

Here’s what you need to know.

President Trump’s travel ban goes into effect today Monday June 9, 2025, at 12:01 am Eastern Daylight time.

Who it Affects

Full Suspension on Nationals from Countries of Concern

The travel ban temporarily suspends the entry of both immigrants and non-immigrants from 12 designated countries who are outside the United States and do not have a valid visa on the effective date of the proclamation, including Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

However, several key exceptions apply for lawful permanent residents (LPRs), immediate family members of U.S. citizens, dual nationals, athletes and teams competing in major international sporting events such as the World Cup and the Olympics, and others (a full list of exceptions is provided below).

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danilo-rios-bj5y_XuSm58-unsplash-scaledThe Trump administration is not letting up on its campaign to target international students applying for visas at U.S. Embassies and Consulates, beginning with Harvard University students.

On Friday May 30, 2025, the Secretary of State Marco Rubio sent an internal cable to U.S. Embassies and Consulates worldwide requiring them to “immediately begin additional vetting” for all applicants seeking a visa to travel to Harvard University “for any purpose.”

While the internal cable is not publicly available, its contents have been reviewed by several prominent media outlets including Politico and CNN.

According to their reports, the cable indicates that the State Department has adopted a new policy requiring Consulates and Embassies to review the social media accounts of all nonimmigrant visa applicants seeking to attend Harvard University, including prospective students, current students, faculty members, contractors, guest speakers, and even tourists visiting the university. This initiative, directed by Secretary of State Marco Rubio through a diplomatic cable, is set to begin immediately and serves as a pilot program that is expected to expand to other U.S. schools, colleges, and universities.

The policy specifically targets the identification of antisemitic content and antisemitic viewpoints published on online social media platforms. The cable notes, “the enhanced vetting measures described in this guidance aim at ensuring that consular officers can appropriately identify such visa applicants with histories of antisemitic harassment and violence, and to duly consider the visa eligibility under U.S. immigration law.” Notably, the cable does not specify what specifically would indicate “inadmissible antisemitism” nor does it define online activities that would render an individual ineligible for a visa.

Consular officers are instructed to conduct comprehensive screenings of applicant’s social media accounts, including those set to private. The cable notes that consular officers should determine, either in pre-screening or an interview, if the applicant is seeking to travel to Harvard, and such applicants should be refused a visa “pending review of their online presence.”

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manu-ros-wvlwZ00eIRk-unsplash-scaledIn recent days, the Trump administration has launched an aggressive campaign targeting international students studying at colleges and universities throughout the United States.

These attacks escalated Thursday last week when the administration first announced that it would be halting Harvard University’s ability to enroll international students by revoking their Student and Exchange Visitor Program (SEVP) certification—a certification that is necessary for U.S. schools to enroll and issue Forms I-20 to F and M international students.

The move sent shockwaves throughout the academic community because it meant Harvard could no longer enroll foreign students, and its more than 7,000 existing international students would be required to transfer or lose their legal status in the United States.

According to the Secretary of the Department of Homeland Security Kristi Noem, such drastic steps were taken due to Harvard’s alleged failure to comply with Student Exchange Visa Program (SEVP) regulations, as well as “encouraging and allowing antisemitic and anti-American violence to rage on its campus and coordinating with Chinese Communist Party officials on training that undermined American national security.”

Less than 24 hours later, Harvard filed a lawsuit in federal court requesting and obtaining a temporary restraining order to block the Trump administration from cutting off its ability to enroll foreign students. The judge found that absent the court order, Harvard would “suffer immediate and irreparable injury.”

Today, that same judge granted Harvard a preliminary injunction extending Harvard’s ability to maintain its SEVP certification intact while the lawsuit moves forward in federal court. This action effectively protects Harvard’s students and allows them to remain in the United States.

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united-states-supreme-court-6330563_1280On May 19th the U.S. Supreme Court handed the Trump administration a legal victory after the justices agreed to lift a lower court order that had previously stopped the President’s efforts to strip Venezuelans of deportation protections granted under Temporary Protected Status (TPS).

What is TPS?

Temporary Protected Status (TPS) is a humanitarian program allowing nationals of certain countries to remain in the United States temporarily, if the government has determined that it is unsafe for them to return to their home country for humanitarian reasons, such as armed conflict or a natural disaster.

It allows nationals of designated countries to live and work in the United States for a temporary period of time, during which they are protected from deportation. Those who qualify are given temporary employment authorization, which is automatically extended if the government extends their TPS validity period.

Biden’s Designation of Venezuela for TPS

The original TPS designation for nationals of Venezuela was issued on March 9, 2021, due to extraordinary conditions preventing their safe return to Venezuela (the 2021 designation). A separate re-designation was issued on October 3, 2023 (the 2023 designation).

Before leaving office, the Biden administration extended Venezuela’s 2023 designation for an additional period of 18 months, which was meant to last from, April 3, 2025, to October 2, 2026.

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airport-8081875_1280On Friday May 9, 2025, President Trump signed executive order “Establishing Project Homecoming,”a new White House initiative aimed at encouraging the voluntary departure of undocumented immigrants from the United States.

This new policy offers financial incentives and logistical support to those who facilitate self-deportation, with the stated goal of reducing the fiscal and social burdens associated with deportation to prioritize funding for Americans in need.

Key Provisions of Project Homecoming:

  • Free Government-Funded Flights:Undocumented immigrants are offered complimentary flights to any country willing to accept them, excluding the United States.This service is accessible through the government’s new “CBP Home” mobile application and at participating airport
  • $1,000 Exit Bonus: Individuals who voluntarily and permanently depart the U.S. under this program are allegedly eligible to receive a $1,000 “exit bonus” upon successful relocation.
  • Concierge Travel Assistance: A government-provided concierge service is available at airports to assist individuals, even those lacking valid travel documents from their home countries, in booking flights and navigating the voluntary departure process.

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pieter-van-de-sande-r6BdUpN_iSk-unsplash-scaledPresident Trump’s first 100 days in office have been marred by controversial actions targeting both legal and illegal immigration.

In its latest move, the Trump administration is going even further by targeting “sanctuary” cities which are state and local jurisdictions that limit their cooperation with federal immigration law enforcement officials. “Sanctuary” cities have been known to enact policies that prohibit the detention of individuals solely based on their immigration status and restrict the sharing of information about immigrants with federal authorities.

To force them into compliance, the Trump administration has begun filing lawsuits against sanctuary cities seeking to penalize them for their disobedience.

The first of these lawsuits targets Colorado and Denver for impeding federal immigration authorities from carrying out deportations. Denver is one of many states with state laws that prevent state and local officials from cooperating with federal immigration authorities. For instance, a Denver state law prevents the use of the city’s resources to assist with immigration enforcement, while a separate executive order establishes Denver as a “sanctuary city,” welcoming undocumented immigrants.

If Trump has it his way, the lawsuit would undo Colorado’s sanctuary state laws by declaring them unconstitutional and prohibiting their enforcement.

Interestingly, in responding to the lawsuit, the governor of Colorado Jared Polis denied Colorado’s status as a sanctuary state and said that Colorado regularly cooperates with federal law enforcement authorities.

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sam-balye-w1FwDvIreZU-unsplash-scaled

Following a wave of lawsuits from international students whose visas and Student and Exchange Visitor Information System (SEVIS) records were terminated without prior notice, the Trump administration has suddenly changed its course.

In recent weeks, U.S. Immigration and Customs Enforcement (ICE) has begun reinstating SEVIS records that were previously terminated, after seemingly recognizing that the government did not go through the appropriate channels to do so.

Over the past month, it is estimated that the State Department and ICE collectively cancelled over 300 F-1 student visas and terminated more than 4,736 SEVIS records primarily due to student encounters with law enforcement, criminal charges that were dismissed, and old misdemeanors pre-dating visa issuance. These SEVIS terminations automatically exposed students to unlawful presence in the United States, and the risk of deportation.

It was further discovered that ICE utilized AI assisted programs to screen the social media posts of F-1 international students and terminated their legal status based on antisemitic activity or alleged support for terrorist organizations such as Hamas and Hezbollah.

In response, students across the country sued the government to preserve their status, leading federal judges to issue a series of emergency orders to stop the government from cancelling visas and SEVIS records.

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tingey-injury-law-firm-S2rcAJbBxX0-unsplash-scaledWe are pleased to report that on April 14, 2025, a Massachusetts federal judge issued a temporary nationwide injunction, suspending the Department of Homeland Security’s (DHS) termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs. The termination was set to take effect on April 24, 2025, and would have ended parole authorization and any associated benefits, including work authorization for individuals in the United States under the CHNV parole programs. The judge’s decision suspends the Trump administration’s cancellation of these programs.

What You Need to Know

  • A federal district court judge has issued a temporary nationwide injunction immediately blocking the Department of Homeland Security from terminating the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs, which were expected to terminate on April 24, 2025.
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