Headlines
FY 2026 H-1B Initial Registration Selection Process Completed – U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).
USCIS Announces Work Permit Procedures for Certain Hong Kong Residents Covered by Deferred Enforced Departure – U.S. Citizenship and Immigration Services announced procedures for certain Hong Kong residents covered by Deferred Enforced Departure to apply for Employment Authorization Documents valid through February 5, 2027.
E-Verify Makes ‘Minor Changes’ to Form I-9 – E-Verify announced that U.S. Citizenship and Immigration Services has made “minor” changes to Form I-9, Employment Eligibility Verification, to align with statutory language, and the Department of Homeland Security Privacy Notice has been updated.
Venezuela TPS Remains in Effect Following Court Order – Temporary Protected Status for Venezuela will remain in effect and the validity of work permits issued under the Venezuela TPS designations is extended through April 2, 2026, “pending further litigation.”
USCIS Updates Policy to Recognize Only Two Sexes: Male and Female – U.S. Citizenship and Immigration Services said that “if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.”
Scrutiny of Visa Applicants, Green Card Holders, Students, Exchange Visitors Heightened Under Trump Administration – The Trump administration is increasingly scrutinizing visa applicants and even permanent residents (green card holders) and has placed a “temporary pause” on certain green card applications “to do more vetting.”
ABIL: Tips for International Travelers Entering the United States – Travel to the United States has gotten trickier in recent months. This article summarizes tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States.
USCIS Reaches H-2B Cap for Second Half of FY 2025; Filing Dates Now Available for Supplemental Visas – U.S. Citizenship and Immigration Services has received enough petitions to meet the H-2B statutory cap for the second half of fiscal year 2025. Also, the filing dates for supplemental H-2B visas for the remainder of this fiscal year are now available.
DOL Updates Allowable Charges for Agricultural Workers’ Meals and for Travel Subsistence Reimbursement, Including Lodging – The Department of Labor’s Employment and Training Administration announced annual updates to allowable monetary charges that employers of H-2A workers, in occupations other than herding or production of livestock on the range, may charge workers when the employer provides three meals per day. The notice also announced the minimum and maximum amount of travel-related subsistence reimbursements required under the H-2A and H-2B programs, and reminded employers of their obligations for overnight lodging costs.
DHS Terminates Parole Programs for Cubans, Haitians, Nicaraguans, Venezuelans; Court Orders TPS for Venezuelans to Continue – The Department of Homeland Security (DHS) terminated parole programs for an estimated 530,000 Cubans, Haitians, Nicaraguans, and Venezuelans in the United States and their immediate family members. After a court order, DHS announced that Temporary Protected Status for Venezuela would remain in effect.
Lawsuit Challenges Trump Administration’s Use of 1798 Law to Justify Deportations of Venezuelans Without Due Process – The American Civil Liberties Union (ACLU), Democracy Forward, and the ACLU of the District of Columbia sued the Trump administration over President Trump’s “unlawful and unprecedented invocation” of the Alien Enemies Act of 1798, a wartime authority, to round up and deport Venezuelans from the United States without due process.
ICE Detains Tourists and U.S. Resident Foreign Nationals, Sparking Concern – U.S. Customs and Immigration Enforcement has stepped up detentions and deportations of foreign nationals entering the United States as tourists or permanent residents, leading to several countries issuing travel warnings.
Trump Administration Shuts Down Immigration Watchdog Offices – The Department of Homeland Security’s Citizenship and Immigration Services Ombudsman’s office has closed and its employees have been terminated, along with the offices of the Immigration Detention Ombudsman and Civil Rights and Civil Liberties.
U.S. Arrests and Detains Permanent Resident Protester, Raising First Amendment Concerns – The Trump administration has said it plans to expand arrests and deportations based on foreign policy grounds.
DOS Expands Foreign Affairs Functions Exempted From Public Notice Requirements; Significant Effects on Agency Rulemaking and Adjudications Likely – The declaration effectively constitutes an expansion to other federal agencies of the exemption of “foreign affairs” functions from Administrative Procedure Act requirements.
DHS Designates New Form for Registration and Fingerprinting – Following the Department of Homeland Security’s announcement that certain noncitizens in the United States must register and be fingerprinted, the agency released an interim final rule designating a new form for that purpose, effective April 11, 2025.
ICE Empties Guantanamo of Migrants; CBP Reduces Temporary Processing Facilities Along Southwest Border – U.S. Immigration and Customs Enforcement moved the last 40 migrants who had been detained at the U.S. Naval Base in Guantanamo Bay, Cuba, back to the United States.
April Visa Bulletin Announces Retrogression of China and India EB-5 Final Action Dates, Unavailability of EB-4 Immigrant Visas for Rest of Fiscal Year – The Department of State’s Visa Bulletin for April 2025 reports that increased demand and number use by China and India in the EB-5 unreserved immigrant investor green card category, combined with increased Rest of World demand and number use, has made it necessary to retrogress the final action dates.
DOS Resumes Processing of Following-to-Join Relatives of Refugees in United States – The annual limits will reset with the start of the new fiscal year on October 1, 2025.
CDC Removes COVID-19 Vaccination Requirement for Immigrant Visa Applicants – U.S. embassies and consulates will no longer refuse an immigrant visa application for failure to present documentation that the applicant received the COVID-19 vaccination.
OFLC Deletes Records From FLAG – Those with cases in the Foreign Labor Application Gateway system older than five years from the date of final determination should have downloaded them by March 19, 2025.
Trump Administration Plans to Restart and Expand Travel Bans – The travel ban would likely include Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen, along with Afghanistan, Pakistan, and possibly others.
USCIS Changes Many Forms With No Notice, Adds Grace Periods After Complaint Filed – U.S. Citizenship and Immigration Services (USCIS) posted changes to many forms with grace periods of up to one month, immediately following a complaint filed by the American Immigration Lawyers Association challenging USCIS’s publishing new editions of immigration forms with no notice and requiring their use with no grace period.
USCIS Plans to Require Applicants to Provide Access to Social Media Accounts – U.S. Citizenship and Immigration Services said there was a “need to collect social media identifiers (‘handles’) and associated social media platform names from applicants to enable and help inform identity verification, national security and public safety screening, and vetting, and related inspections.”
Trump Administration Fires EOIR Personnel and Immigration Judges While Backlogs Grow – The Trump administration has fired a number of Executive Office for Immigration Review staff and immigration judges (IJs), along with more than a dozen members of the Board of Immigration Appeals.
Annual Limit Reached in EB-4 Category – The annual limits will reset with the start of the new fiscal year on October 1, 2025.
President Trump Designates English as Official Language But Does Not Require Agencies to Delete or Stop Producing Materials in Other Languages – The order states that agency heads “are not required to amend, remove, or otherwise stop production of documents, products, or other services prepared or offered in languages other than English.”
Elon Musk Arrested on April 1 for Working Illegally in the United States – On April 1, 2025, as part of a crackdown on immigrant students for national security reasons, the Department of Homeland Security announced the arrest of Elon Musk for working illegally in the United States in the 1990s while he was in J-1 student status.
The News in Detail
FY 2026 H-1B Initial Registration Selection Process Completed
U.S. Citizenship and Immigration Services (USCIS) announced on March 31, 2025, that it has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). USCIS said it has notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for those beneficiaries.
An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice, USCIS explained. Petitioners must include a copy of the applicable selection notice with the FY 2026 H-1B cap-subject petition. Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.
USCIS Announces Work Permit Procedures for Certain Hong Kong Residents Covered by Deferred Enforced Departure
On April 3, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a Federal Register notice establishing procedures for certain Hong Kong residents covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) that will be valid through February 5, 2027.
The notice automatically extends through February 5, 2027, the validity of current Hong Kong DED-related EADs with an expiration date of February 5, 2023, or February 5, 2025, and a Category Code of A11. Employees may present this EAD as evidence of identity and employment authorization for purposes of Form I-9, Employment Eligibility Verification.
USCIS explained that since DED “is a directive to defer removal of an individual, rather than a specific immigration status like Temporary Protected Status, there is no DED application form required for an individual to be covered by DED. If an individual covered by DED wants to apply for an EAD, they must file Form I-765. Similarly, if an individual covered by DED wants to apply for advance travel authorization, they must file Form I-131.”
E-Verify Makes ‘Minor Changes’ to Form I-9
On April 2, 2025, E-Verify announced that U.S. Citizenship and Immigration Services has made “minor” changes to Form I-9, Employment Eligibility Verification, to align with statutory language, and the Department of Homeland Security (DHS) Privacy Notice has been updated. The revised Form I-9 with an edition date of 01/20/25 and an expiration date of 05/31/2027 is available for download. Multiple previous editions remain valid until their respective expiration dates:
- Form I-9 (08/01/23 edition) is valid until 05/31/2027
- Form I-9 (08/01/23 edition) that is valid until 07/31/2026 (employers using this form must update their electronic systems with the 05/31/2027 expiration date by July 31, 2026)
Key updates include:
- Renaming the fourth checkbox in Section 1 to “An alien authorized to work” from “A noncitizen authorized to work”
- Revising the descriptions of two List B documents in the Lists of Acceptable Documents
- Adding statutory language and a revised DHS Privacy Notice to the instructions
E-Verify said that employers should note:
- If an employee attests on Form I-9 as “A noncitizen authorized to work,” the employer must select “An alien authorized to work” in E-Verify.
- E-Verify cases will display “An alien authorized to work,” while employees and employers may continue to see “A noncitizen authorized to work” on Form I-9, depending on the form edition being used.
- E-Verify+ participants will see the updated 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I-9NG.
Venezuela TPS Remains in Effect Following Court Order
On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that Temporary Protected Status (TPS) will remain in effect following a court order. On March 31, 2025, the United States District Court for the Northern District of California ordered postponement of the vacatur, published February 3, 2025, and of the termination, published February 5, 2025, of the 2023 TPS designation for Venezuela.
In light of the order, USCIS said that TPS for Venezuela will remain in effect until the Department of Homeland Security “obtains relief from that order.” Further, the validity of work permits with an expiration date of September 10, 2025; April 2, 2025; March 10, 2024; or September 9, 2022, issued under the Venezuela TPS designations is similarly extended through April 2, 2026, “pending further litigation.”
USCIS said that employers should refer to the TPS webpage regularly for updates.
USCIS Updates Policy to Recognize Only Two Sexes: Male and Female
On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that under a Trump administration executive order, it has updated the USCIS Policy Manual to state that it only recognizes two biological sexes: male and female.
Under this guidance, USCIS considers a person’s sex as “that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.”
USCIS said it will not deny benefits solely because the benefit requestor “did not properly indicate his or her sex.” However, USCIS noted that it “does not issue documents with a blank sex field,” so “if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.”
USCIS said it “may provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request.”
This guidance applies to benefit requests pending or filed on or after April 2, 2025, USCIS said, adding that the guidance in the Policy Manual “is controlling and supersedes any related prior guidance.”
Scrutiny of Visa Applicants, Green Card Holders, Students, Exchange Visitors Heightened Under Trump Administration
According to reports, the Trump administration is increasingly scrutinizing visa applicants and even permanent residents (green card holders) and has placed a “temporary pause” on certain green card applications “to do more vetting.”
As part of these activities, Secretary of State Marco Rubio recently sent a cable to some Department of State employees on enhanced screening and social media vetting of visa applicants. Among other things, the cable states that effective immediately, consular officers must refer new or returning student and exchange visitor (F, M, and J) visa applicants to the Fraud Prevention Unit (FPU) for a mandatory social media check if they meet certain criteria:
- An applicant who the officer has reason to believe has openly advocated for a designated foreign terrorist organization;
- An applicant who was previously in the United States in F-1, M-1, or J-1 visa status between October 7, 2023, and August 31, 2024;
- An applicant whose previous SEVIS record was terminated between October 7, 2023, and the present.
The cable states that evidence that an applicant:
…advocates for terrorist activity, or otherwise demonstrates a degree of public approval or public advocacy for terrorist activity or a terrorist organization, may be indicative of ineligibility. [This may be] evident in conduct that bears a hostile attitude toward U.S. citizens or U.S. culture (including government, institutions, or founding principles). Or it may be evident in advocacy or sympathy for foreign terrorist organizations. All of these matters may open lines of inquiry regarding the applicant’s credibility and purpose of travel.
The cable notes that a consular officer’s revocation of a visa “must be based on an actual finding that the individual is ineligible for the visa,” not merely on suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding “other than a revocation based on driving under the influence.” If an officer suspects ineligibility, the post should refer the case for further review.
Some students on visas or even with green cards, have been detained and targeted for removal under INA § 237(a)(4)(C)(i), which authorizes the Secretary of State to “personally determine that [an] alien’s presence would compromise a compelling U.S. foreign policy interest” even if their statements, associations, and beliefs would be lawful.
ABIL: Tips for International Travelers Entering the United States
Travel to the United States has gotten trickier in recent months. Below is a summary of tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States:
- Make sure all of your documents are in order and have not expired, and that you do not have a renewal application pending. Consult with an immigration attorney before traveling for advice in specific situations.
- Consider not entering the United States now if your country is on a proposed “red” list of travel ban countries, which includes Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
- Remember that U.S. Customs and Border Patrol officers have wide leeway at ports of entry to decide who enters and who does not, regardless of visa status, and to conduct electronic searches. They can require travelers to unlock cell phones, reveal laptop passwords, or give officers their digital cameras, for example. U.S. citizens and green card holders can refuse to answer questions (other than those establishing identity and status) and still enter the country (although this could lead to delays or seizure of devices), but those with visas do not have the same rights. The American Civil Liberties Union of Northern California advises not giving up your green card voluntarily. Some advise turning off phones and wiping data from all devices before passing through a port of entry.
- If your device is confiscated, request the name, badge number, and agency of the officer, and ask for a receipt or call the agency to request one.
- Keep your immigration attorney’s contact information handy, along with contact information for a local friend. If it appears that you might be going into secondary inspection, you can text your friend and ask them to get in touch with your immigration attorney.
- Keep in mind that in the past, rejected travelers were often put on the next plane out, but more recently, some have been detained for days, weeks, or more.
- Check your home country’s travel advisories and warnings before traveling. Consider deferring travel to or from the United States if not necessary.
- If you are referred to secondary inspection, request an interpreter if needed and available. There ordinarily will be a transcript (official record) of the questions and answers also.
USCIS Reaches H-2B Cap for Second Half of FY 2025; Filing Dates Now Available for Supplemental Visas
On March 26, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the H-2B statutory cap for the second half of fiscal year (FY) 2025. Also, the filing dates for supplemental H-2B visas for the remainder of FY 2025 are now available.
USCIS said that March 5, 2025, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2025, and before October 1, 2025.
A chart in Temporary Increase in H-2B Nonimmigrant Visas for FY 2025 includes information about the supplemental visas and relevant filing dates.
DOL Updates Allowable Charges for Agricultural Workers’ Meals and for Travel Subsistence Reimbursement, Including Lodging
On March 24, 2025, the Department of Labor’s (DOL) Employment and Training Administration (ETA) announced annual updates to allowable monetary charges that employers of H-2A workers, in occupations other than herding or production of livestock on the range, may charge workers when the employer provides three meals per day. The notice also announced the minimum and maximum amount of travel-related subsistence reimbursements required under the H-2A and H-2B programs, and reminded employers of their obligations for overnight lodging costs as part of required subsistence and reasonable travel costs to and from a worksite.
The updated maximum allowable charge for meals is $16.28 per day, and an employer is not permitted to charge a worker more than that amount unless an Office of Foreign Labor Certifications Certifying Officer approves a higher charge.
The standard meals and incidental expenses (M&IE) rate for the continental United States (CONUS) is $68 per day for 2025. Workers who qualify for subsistence reimbursement are entitled to reimbursement for meals and lodging up to the standard CONUS M&IE rate when they provide receipts. In determining the appropriate amount of reimbursement for meals for less than a full day, the notice states, the employer may limit the meal expense reimbursement, with receipts, to 75 percent of the maximum reimbursement for meals, or $51, based on the General Services Administration per diem schedule.
The notice states that an employer is responsible for costs necessary for the worker to travel to the place of employment if the worker completes 50 percent of the work contract period. The employer also is responsible for the costs of return transportation.
DHS Terminates Parole Programs for Cubans, Haitians, Nicaraguans, Venezuelans; Court Orders TPS for Venezuelans to Continue
The Department of Homeland Security (DHS) terminated parole programs for an estimated 530,000 Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) in the United States and their immediate family members that DHS announced in 2022 and 2023. After a court order, DHS announced that Temporary Protected Status for Venezuela would remain in effect and the validity of work permits issued under the Venezuela TPS designations was extended through April 2, 2026, “pending further litigation.”
An advance copy of the notice set the date of termination of the CHNV programs as of the date of publication in the Federal Register, scheduled for March 25, 2025, and the date of the temporary parole period for eligible individuals at 30 days after publication. “Parolees without a lawful basis to remain in the United States following this termination of the CHNV parole programs must depart the United States before their parole termination date,” the notice states.
“Paroled aliens, including those paroled under the CHNV parole programs, may apply for any immigration benefit or status for which they may be eligible, including discretionary employment authorization under the [8 CFR 274a.12(c)(11)] employment eligibility category,” the notice says, adding that “the Secretary retains discretion to continue to extend parole to any alien paroled under CHNV—temporarily under such conditions as she may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.”
Lawsuit Challenges Trump Administration’s Use of 1798 Law to Justify Deportations of Venezuelans Without Due Process
The American Civil Liberties Union (ACLU), Democracy Forward, and the ACLU of the District of Columbia sued the Trump administration over President Trump’s “unlawful and unprecedented invocation” of the Alien Enemies Act of 1798 (AEA), a wartime authority, to round up and deport Venezuelans from the United States without due process that it asserted were gang members. The complaint notes that:
[T]he AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions: it cannot be used here against nationals of a country—Venezuela—with whom the United States is not at war, which is not invading the United States, and which has not launched a predatory incursion into the United States. The government’s Proclamation would allow agents to immediately put noncitizens on planes without any review of any aspect of the determination that they are Alien Enemies. Upon information and belief, the government has transferred Venezuelans who are in ongoing immigration proceedings in other states, bringing them to Texas to prepare to summarily remove them and to do so before any judicial review—including by [the U.S. District Court for the District of Columbia]. For that reason, Plaintiffs-Petitioners and the putative class that they represent seek this Court’s intervention to temporarily restrain these summary removals, and to determine that this use of the AEA is unlawful and must be stopped.The ACLU noted that on March 15, 2025, a federal judge “broadened the scope of a temporary restraining order (TRO) blocking the Trump administration from removing immigrants from the United States using the Alien Enemies Act. The ruling extended the order to everyone in danger of removal under the act and granted class certification.” The March 15 decision said the President’s “attempt to summarily remove Venezuelan noncitizens exceeds the wartime authority that Congress delegated in the AEA, violates the process and protections that Congress has prescribed elsewhere in the country’s immigration laws for the removal of noncitizens, and violates due process.”
On March 15, apparently while the judge was holding a hearing on the ACLU case, several planes took off with hundreds of Venezuelans to be detained in a maximum-security prison in El Salvador. Many details were unclear, but Reuters published a timeline. The names of the Venezuelans on board were not released by the U.S. government, but CBS News reported names it said were on an internal government list it obtained of 238 Venezuelans taken to El Salvador. After the hearing on March 15, the judge ordered that “any plane containing these folks—because it’s going to take off or it’s in the air—needs to be returned to the United States.” Instead the planes landed in El Salvador and the Venezuelans were taken to prison.
ICE Detains Tourists and U.S. Resident Foreign Nationals, Sparking Concern
According to reports, U.S. Customs and Immigration Enforcement (ICE) has stepped up detentions and deportations of foreign nationals entering the United States as tourists or permanent residents, leading to several countries issuing travel warnings.
Recent developments include:
- Axios reported that French government officials said that a French researcher headed for a conference in Houston, Texas, was denied entry into the United States based on messages critical of the Trump administration’s policies on academic research. Axios provided several other examples. Philippe Baptiste, France’s minister of higher education and research, said he has requested an emergency meeting with other European ministers on academic freedom.
- Also, a federal judge has blocked the deportation of a Georgetown University researcher, Badar Khan Suri, “unless and until the Court issues a contrary order.” Mr. Suri was accused of spreading Hamas propaganda. A lawsuit filed by Mr. Suri, who is a visiting scholar, said that the government’s “plans to whisk him 1,600 miles away in the same manner as the government did in the case of Mr. Mahmoud Khalil, isolating him from his wife, children, community and legal team, are plainly intended as retaliation and punishment for Mr. Suri’s protected speech.” Mr. Suri’s wife, a U.S. citizen, is a Palestinian who has reportedly criticized U.S. foreign policy toward Israel.
The detentions have aroused international concern. Der Spiegel reported [in German with English translation available via Google Translate] that Germany has enhanced its advice to Germans traveling to the United States after several Germans were detained, warning of possible “arrest, deportation detention and deportation” in certain circumstances and noting that U.S. border officials have the authority to deny entry despite a visa or Electronic System for Travel Authorization clearance. Canada, Denmark, and Finland have also issued travel advisories for their citizens, and the United Kingdom has revised its advice. Some of the warnings note that the Department of State has eliminated the “X” marker on passports for those not identifying as male or female.
Trump Administration Shuts Down Immigration Watchdog Offices
According to reports, the Department of Homeland Security’s (DHS) Citizenship and Immigration Services Ombudsman’s office has closed and its employees have been terminated, along with the offices of the Immigration Detention Ombudsman and Civil Rights and Civil Liberties.
Tricia McLaughlin, a DHS spokesperson, said that the offices “have obstructed immigration enforcement by adding bureaucratic hurdles and undermining DHS’s mission. Rather than supporting law enforcement efforts, they often function as internal adversaries that slow down operations.” But Rep. Bennie Thompson (D-MS), the top Democrat on the Homeland Security Committee, said the mass firings were an attempt to ensure “that there will be no transparency or oversight of [President Trump’s] extreme agenda.”
U.S. Arrests and Detains Permanent Resident Protester, Raising First Amendment Concerns
On March 8, 2025, U.S. Immigration and Customs Enforcement (ICE) agents arrested and detained Mahmoud Khalil, a recent Columbia University graduate, Syrian immigrant, and pro-Palestinian protester who is a permanent resident of the United States. On March 10, 2025, a U.S. district judge ordered that Mr. Khalil not be removed from the United States pending a ruling on his petition.
According to reports, Secretary of State Marco Rubio personally signed off on the revocation of Mr. Khalil’s permanent resident status after receiving information from the Department of Homeland Security that Mr. Khalil had participated in “pro-Hamas rallies” at which pro-Hamas propaganda was distributed. The Trump administration has said it plans to expand arrests and deportations based on foreign policy grounds under the Immigration and Nationality Act: “An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.” Otherwise lawful statements, beliefs, or associations cannot be used as grounds for exclusion or deportation, unless the Secretary of State “personally determines that the alien’s admission would compromise a compelling United States foreign policy interest.”
The Khalil case has raised First Amendment concerns about people’s right to express views that differ from those of the U.S. government. Commenters have noted, for example, that in a concurring opinion in the 1945 Supreme Court case, Bridges v. Wixon, Justice Francis Murphy wrote that “once an alien lawfully enters and resides in this country he becomes invested with the rights guaranteed by the Constitution to all people within our borders.” Although DHS stated that Mr. Khalil had participated in “pro-Hamas” activities, Baher Azmy, legal director of the Center for Constitutional Rights and one of Khalil’s attorneys, said that his detention “has nothing to do with security; it is only about repression. The United States government has taken the position that it can arrest, detain, and seek to deport a lawful permanent resident exclusively because of his peaceful, constitutionally protected activism. In this case, in support of Palestinian human rights and an end to genocide in Gaza.” It was unclear what evidence DHS used to determine that Mr. Khalil’s actions constituted “pro-Hamas” activities. Hamas is a designated terrorist organization.
DOS Expands Foreign Affairs Functions Exempted From Public Notice Requirements; Significant Effects on Agency Rulemaking and Adjudications Likely
Secretary of State Marco Rubio published a notice on March 14, 2025, that includes a statement dated February 21, 2025, reiterating that the Department of State’s (DOS) foreign affairs purview includes “all policy related to the protection and travel of U.S. citizens overseas, visa operations and visa issuance, implementation of the Arms Export Control Act, and implementation of the Mutual Educational and Cultural Exchange Act of 1961.”
The notice further declares that “all efforts, conducted by any agency of the federal government, to control the status, entry, and exit of people, and the transfer of goods, services, data, technology, and other items across the borders of the United States, constitute a foreign affairs function of the United States under the Administrative Procedure Act [APA].” This effectively constitutes an expansion to other federal agencies of the exemption of these “foreign affairs” functions from the APA’s requirements.
Commenters noted that this determination could have significant effects on rulemaking and adjudications of several agencies. For example, NAFSA said this means that agencies such as DOS and the Departments of Homeland Security and Labor could issue new immigration and border-related regulations without notice and comment; make legal challenges based on APA violations more difficult; and potentially reduce transparency in immigration-related adjudications, including removal proceedings.
DHS Designates New Form for Registration and Fingerprinting
Following the Department of Homeland Security’s (DHS) announcement that certain noncitizens in the United States must register and be fingerprinted, the agency released an interim final rule designating a new registration form, G-325R, for that purpose, effective April 11, 2025. There is no fee. DHS requests comments on the interim rule by May 12, 2025.
According to DHS:
- With limited exceptions (e.g., for visa holders who have already been registered and fingerprinted (through their application for a visa) and A and G visa holders), those above the age of 14 who remain in the United States for 30 days or longer must apply for registration and be fingerprinted before the expiration of 30 days.
- Similarly, parents and legal guardians must ensure that their children below the age of 14 are registered.
- Any noncitizen, regardless of previous registration, who turns 14 years old in the United States must update their registration and be fingerprinted within 30 days after their 14th birthday.
- Green card holders (permanent residents) who obtained their green cards under age 14 must register by filing Form I-90, to replace their green cards, and be fingerprinted, upon reaching age 14. They should file Form I-90 instead of Form G-325R.
- Willful failure or refusal to apply to register or to be fingerprinted is punishable by a fine of up to $5,000 or imprisonment for up to six months, or both.
- Those who register under these requirements will receive a “certificate of alien registration or alien registration receipt card” and must “at all times carry and have [it] in their personal possession.” Such persons also must notify DHS in writing of any changes of address.
Contact your Alliance of Business Immigration Lawyers attorney for advice in specific situations.
ICE Empties Guantanamo of Migrants; CBP Reduces Temporary Processing Facilities Along Southwest Border
According to reports, on March 11, 2025, U.S. Immigration and Customs Enforcement (ICE) moved the last 40 migrants who had been detained at the U.S. Naval Base in Guantanamo Bay, Cuba, back to the United States, thus emptying out the Guantanamo detention center. This was the second time the Trump administration brought migrants to Guantanamo and then removed them. In February, 177 Venezuelans were brought to Guantanamo and then repatriated to Venezuela, and on March 2, 48 were brought to the United States from Guantanamo. About 290 migrants have been brought to Guantanamo and then flown out following President Trump’s order to take migrants there.
It was unclear why the 40 migrants were flown from Guantanamo to the international airport in Alexandria, Louisiana, as no announcements were made. The move occurred shortly before a U.S. district court was scheduled to hear several cases challenging aspects of the Guantanamo detention policy. The operation has cost a reported $16 million so far, with a staff of about 1,000 security personnel and contractors, many from U.S. military bases.
Also, on March 13, 2025, following a drop in apprehensions along the U.S. southwest land border, U.S. Customs and Border Protection (CBP) announced that it is closing some of the temporary processing facilities in that area. “CBP no longer has a need for them as illegal aliens are being quickly removed. The U.S. Border Patrol has full capability to manage the detention of apprehended aliens in its permanent facilities. Manpower and other resources dedicated to temporary processing facilities will be redirected toward other priorities and will speed CBP’s progress in gaining operational control over the southwest border,” said Pete Flores, Acting CBP Commissioner.
April Visa Bulletin Announces Retrogression of China and India EB-5 Final Action Dates, Unavailability of EB-4 Immigrant Visas for Rest of Fiscal Year
The Department of State’s Visa Bulletin for April 2025 reports that increased demand and number use by China and India in the EB-5 unreserved immigrant investor green card category, combined with increased Rest of World demand and number use, has made it necessary to retrogress the final action dates to hold number use within the maximum allowed under the fiscal year (FY) 2025 annual limits. The bulletin states that it may also become necessary to establish a final action date for Rest of World countries if demand and number use continue to increase.
The bulletin also includes a reminder that immigrant visas for FY 2025 in the EB-4 category, which includes certain religious workers under the SR visa category, remain unavailable. The bulletin notes that annual limits will reset with the start of the new fiscal year on October 1, 2025. “At that point, embassies and consulates may resume issuing immigrant visas in this category to qualified applicants,” the bulletin says.
DOS Resumes Processing of Following-to-Join Relatives of Refugees in United States
Following a preliminary injunction in Pacito v. Trump, the Department of State (DOS) announced on March 14, 2025, that it has resumed processing of following-to-join beneficiaries who are relatives of refugees already in the United States.
DOS said it will “communicate directly with beneficiaries whose appointments were previously canceled to reschedule these appointments.” The agency said it also will continue processing any application for which the following-to-join refugee beneficiary has already been interviewed. “Beneficiaries wishing to continue their applications will require a sponsor to fund their medical exams and travel to the United States,” DOS said.
CDC Removes COVID-19 Vaccination Requirement for Immigrant Visa Applicants
Effective March 11, 2025, the Centers for Disease Control and Prevention (CDC) has removed from its technical instructions to panel physicians the requirement that immigrant visa applicants receive the COVID-19 vaccination, the Department of State (DOS) announced.
Based on the CDC’s updated guidance to panel physicians, U.S. embassies and consulates will no longer refuse an immigrant visa application for failure to present documentation that the applicant received the COVID-19 vaccination. “Applicants whose medical exams are unexpired and otherwise still valid for travel to the United States, and whom a consular officer previously found ineligible based solely on the applicant’s failure to establish vaccination against COVID-19, may have a new medical exam issued by the panel physician without a fee,” DOS said. To request this, affected applicants “should reach out to the U.S. embassy or consulate at which they executed their application for an immigrant visa.”
OFLC Deletes Records From FLAG
On March 11, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced the deletion of records beginning Thursday, March 20, 2025. The following OFLC programs were be affected:
- Prevailing Wage Determinations (PWD)
- Permanent Labor Certification Applications (PERM)
- Temporary Labor Certification Applications (H-2A, H-2B, CW-1 visas)
- Temporary Labor Condition Applications (H-1B, H-1B1, E-3 visas)
OFLC said that those with cases in the Foreign Labor Application Gateway (FLAG) system older than five years from the date of final determination should have downloaded them by March 19, 2025.
Trump Administration Plans to Restart and Expand Travel Bans
According to reports, the Trump administration is preparing to restart and expand a travel ban policy against certain countries that had been implemented during his first administration. Officials said the travel ban would likely include the same countries that were on the list the first time—Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen—and that Afghanistan and Pakistan could be added, along with possibly others.
It is unclear whether the travel ban will include highly vetted Afghans already cleared for U.S. resettlement on Special Immigrant Visas (SIVs) or as refugees due to their working with the United States during the war with the Taliban. The Department of State’s Coordinator for Afghan Relocation Efforts recommended an exemption for SIV-holders “but it’s not assumed likely to be granted,” according to one source. That office has been ordered to close. “Shutting this down would be a national disgrace, a betrayal of our Afghan allies, of the veterans who fought for them, and of America’s word,” said Shawn VanDiver, founder of #AfghanEvac. Meanwhile, Afghan evacuation and resettlement efforts have been paused.
USCIS Changes Many Forms With No Notice, Adds Grace Periods After Complaint Filed
On March 8, 2025, U.S. Citizenship and Immigration Services (USCIS) posted changes to many forms with grace periods for their use of up to one month. This immediately followed a complaint filed by the American Immigration Lawyers Association (AILA) and Benach Collopy LLP for declaratory and injunctive relief to challenge USCIS’s publishing new editions of immigration forms with no notice and requiring their use with no grace period.
AILA explained that on Monday, March 3, and again on Tuesday, March 4, 2025, USCIS “abruptly posted multiple forms for immediate use and removed the previous versions, only permitting the submission of the new form editions. No notice was given, no grace period was implemented.” AILA said that across the United States, “immigration attorneys and their clients were faced with the reality that potentially tens of thousands of forms that had been submitted properly and in accordance with the law would be rejected even if mailed before the new form was made available.” AILA said it reached out to USCIS to “request a grace period for acceptance of the new forms, but the agency offered no clear relief or public guidance” and thus “litigation was required.” Shortly after AILA filed the lawsuit, USCIS responded that “while no definite grace period is being provided, USCIS will exercise its discretion to not reject previous versions of forms that are submitted for a reasonable period after the new versions take effect.” USCIS then subsequently posted grace periods.
According to AILA, at least some of the changes are related to gender identity language and reinstituting the use of “alien.”
USCIS Plans to Require Applicants to Provide Access to Social Media Accounts
On March 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it plans to require applicants for various immigration benefits to provide access to their social media accounts. USCIS said there was a “need to collect social media identifiers (‘handles’) and associated social media platform names from applicants to enable and help inform identity verification, national security and public safety screening, and vetting, and related inspections.”
The agency said the collection of information was “necessary to comply with section 2 of the Executive order (E.O.) entitled ‘Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,’ which directs implementation of uniform vetting standards and requires the collection of all information necessary for a rigorous vetting and screening of all grounds of inadmissibility or bases for the denial of immigration-related benefits.” The Department of State already asks for social media information in conjunction with visa applications filed outside of the United States.
USCIS said comments are “encouraged” and will be accepted until May 5, 2025.
Trump Administration Fires EOIR Personnel and Immigration Judges While Backlogs Grow
According to reports, the Trump administration has fired a number of Executive Office for Immigration Review staff and immigration judges (IJs). On February 14, 2025, 13 IJs who had been hired recently were summarily fired, along with seven assistant chief IJs. One IJ, Kerry Doyle, was fired via an email with the subject line “Termination” that stated, “EOIR has determined that retaining you is not in the best interest of the agency,” with no other details. Her hiring process had taken 14 months with multiple interviews, and she was appointed in December 2024.
Since February 14, according to the International Federation of Professional and Technical Engineers, a parent union of the National Association of Immigration Judges (NAIJ), at least two more IJs have been fired, along with eight supervisory assistant chief immigration judges and five senior managers. Some were recent hires, but others had been on the job for a long time. Collectively, they would have been responsible for hearing an estimated 10,000 cases this year. More IJs and staff are leaving or retiring early. In addition, more than a dozen of the 28 members of the Board of Immigration Appeals were purged.
It is unclear if or when the fired staff will be replaced. Aaron Reichlin-Melnick, a senior fellow with the American Immigration Council, posted on Bluesky that the actions were an “ideological purge” and that the results show “how much ‘fire everyone’ conflicts badly with ‘deport everyone.’ ” Meanwhile, backlogs continue to grow, reaching nearly 3.6 million cases, as evidenced by the graph below:
Annual Limit Reached in EB-4 Category
The Department of State (DOS), in collaboration with U.S. Citizenship and Immigration Services, announced that it has issued all available immigrant visas in the employment-based fourth preference (EB-4) category for fiscal year (FY) 2025. This category of about 10,000 green cards per year is for a variety of people, including religious workers and special immigrant juveniles.
DOS said that “embassies and consulates may not issue visas in these categories for the remainder of the fiscal year. The annual limits will reset with the start of the new fiscal year (FY 2026) on October 1, 2025. At that point, embassies and consulates may resume issuing immigrant visas in this category to qualified applicants.”
President Trump Designates English as Official Language But Does Not Require Agencies to Delete or Stop Producing Materials in Other Languages
On March 1, 2025, President Trump issued an executive order designating English as the official language of the United States.
Notably, although the order states that Executive Order 13166 of August 11, 2000 (Improving Access to Services for Persons with Limited English Proficiency), is revoked, the order does not require or direct any change in the services provided by any agency: “Agency heads should make decisions as they deem necessary to fulfill their respective agencies’ mission and efficiently provide Government services to the American people. Agency heads are not required to amend, remove, or otherwise stop production of documents, products, or other services prepared or offered in languages other than English.”
Elon Musk Arrested on April 1 for Working Illegally in the United States
On April 1, 2025, as part of a crackdown on immigrant students for national security reasons, the Department of Homeland Security announced the arrest of Elon Musk for working illegally in the United States in the 1990s after he was in J-1 student status and dropped out of school.
Mr. Musk, born in South Africa, obtained Canadian citizenship through his mother. On a J-1 visa, Mr. Musk graduated from the University of Pennsylvania and enrolled in a graduate program at Stanford University’s Materials Science and Engineering school, but dropped out to launch his start-up company. To maintain J-1 status, a student must be actively engaged in a full course of study to be allowed to work. Mr. Musk has stated in tweets that he went from J-1 to H-1B status, but it is unclear how he eventually got H-1B status if he had fallen out of J-1 status, and what happened in between. According to reports, enforcement of student visa restrictions increased after the terror attacks of September 11, 2001.
Noting that there are “a lot of men that maybe we don’t want in our country,” President Trump said it was time to crack down on immigration scofflaws like Mr. Musk who skirt the rules, as “a defense of our country” in the face of a “national emergency.” He said Mr. Musk would be sent to a tent before being deported. “We have thousands of tents. We have a lot of tents; we have a lot of everything,” he said, adding that he told Mr. Musk, “Out. Get out. Just get out.” Such people, he said, “disrespect the foundations of American government by voluntarily choosing to break the law.” If Mr. Musk wants to come back, President Trump said, he can buy a “gold card” visa.
Mr. Trump therefore signed a new, big, beautiful “April Fool’s” executive order deporting Mr. Musk, effective April 1, 2025. “It’s the best executive order you’ve ever seen,” he said.
According to rumors, Melania Trump, who also has possible gray areas in her immigration history, was seen trying out the new CBP Home self-deportation app.
Kuck Baxter in the News
Charles Kuck was quoted by the Bulwark in Will Trump Invoke the Insurrection Act of 1807 Next? He said that President Trump’s potential invocation of the Insurrection Act would not pass muster in the courts because he would be arguing two things at cross purposes. “I don’t know how you can say the border is closed and safer than ever and then say there’s an insurrection that needs to be put down. They’re starting to get pushback from their own voters over the crazy stuff they’re doing, so that might be a step too far.”
Mr. Kuck was quoted by Blavity in Morehouse College Prepares Students for Potential ICE Raids on Campus. He said, “If an ICE agent talks to you, you have no legal obligation to respond to them. You have no legal obligation to produce paper. You have no legal obligation to allow them into your house without a warrant signed by a judge. Even if you’re undocumented, every right in the Constitution is given to you … in your personal life.”
Mr. Kuck was quoted by 11 Alive in Recently Engaged, Beloved Barber Arrested by ICE – How His Immigration Story Is Questioning the System. He said, “Somebody who has been pardoned by the state, been forgiven, moved on with his life, ICE comes along decades later and arrests him and says they’re going to deport him. Our laws haven’t changed in 30 years. What’s changed is how they’re enforced.”
Mr. Kuck was quoted by Marianne in “Nous Allons Révoquer les Visas des Partisans du Hamas”: Comment Donald Trump s’en Prend aux Militants Pro-Palestiniens [We Will Revoke the Visas of Hamas Supporters: How Donald Trump Attacks Pro-Palestinian Activists]. Mr. Kuck said, “Si vous êtes un étudiant étranger ou un résident permanent qui a été détenu pendant les manifestations, vous êtes une cible de cette administration. Vous devez vous préparer, contacter vos professeurs et leur dire que vous finirez peut-être le semestre en prison ou à l’étranger.” [“If you’re a foreign student or permanent resident who was detained during the protests, you’re a target of this administration. You need to prepare, contact your professors, and tell them you may end up in jail or abroad.”] [Translated to English with Google Translate.]
Mr. Kuck was interviewed by WSB TV 2 in Immigration Crackdown
. Commenting on the use of police to aid in immigration enforcement, Mr. Kuck said that “it doesn’t make a lot of sense.” He noted that “you cannot train somebody on immigration law in a couple of hours” and that “immigration law is wildly complicated.”
Mr. Kuck was quoted by the Intelligencer in Prince Harry Is (Probably) Not Getting Deported. He said that he was “stunned” that a judge allowed the release of Prince Harry’s immigration files, and that he does not think the prince will be deported from the United States. “Given that many of these facts were known about Harry before he filed for his green card, then I don’t think immigration is going to be able to revoke his green card. This is being done as a publicity stunt, not, I think, to ultimately take Harry’s green card away.”
Mr. Kuck was quoted by CNN in Heavily Redacted Documents Reveal Little in Lawsuit Over Prince Harry’s Immigration Records. Commenting on a question the Form I-485, Application to Register Permanent Residence or Adjust Status, asks, “Have you ever violated (…) any controlled substance law or regulation of a state, the United States, or a foreign country?,” Mr. Kuck said that question has been the subject of numerous cases before the Board of Immigration Appeals, “because in order to answer that question, you have to know the elements of the crime. No person in their right mind would answer ‘yes’ to that question. Because what crime are you talking about? What are the elements of that crime? What are the parameters of violating that law? … I don’t know what the elements of the crime are.”
Mr. Kuck was quoted by Zeteo in Marco Rubio Personally Signed Off to Detain Mahmoud Khalil on ‘Foreign Policy Grounds,’ Sources Confirm. He said that “there’s never been a secretary of state as manipulatable as our current Secretary Rubio. Most of them would stand their ground and would follow due process considerations.”
Mr. Kuck was quoted by the Atlanta Journal-Constitution in Beyond the Fence: What It’s Like Inside Atlanta’s Immigration Court. He noted that Georgia’s immigration judges used to have a reputation for being among the toughest in the United States but said a lot has changed in the last five years, including many of the judges. “The courts today are much more fair than they have ever been. We want a court that’s just. And I think we’re pretty close to that in Atlanta,” he said.
Mr. Kuck was quoted by Mother Jones in “The Entire System Will Collapse”: Inside the Purge of U.S. Immigration Courts. Commenting on the activities of Sirce E. Owen, appointed by President Trump as acting director of the Executive Office for Immigration Review, Mr. Kuck said, “She is attacking prior policies that tried to bring the immigration courts into the 21st century and reverting back to policies that made justice harder to render and harsher on the immigrants.” The article notes that in 2017, Mr. Kuck and the American Civil Liberties Union represented Mexican-born Jessica Colotl in a lawsuit against Ms. Owen and other Trump administration officials that challenged the revocation of her Deferred Action for Childhood Arrivals status. “I think their ultimate goal is to do away with immigration judges,” he said. Mr. Kuck also commented on the position of immigration judge: “To literally sit in a room all day and order people deported has got to canker your soul. That anybody would want that job is shocking to me and to fire people who were willing to do it with an open mind shows you exactly what this administration intends to do—limit due process and use the law as a weapon, not a shield.”
Mr. Kuck was quoted by KJZZ Phoenix in USCIS Wants to Require Migrants Applying for Benefits to Provide Their Social Media Accounts. He noted that the Department of State (DOS) already asks for social media information when considering visa applications outside of the United States. DOS “clearly does it because they’re abroad, so they’re looking for people who maybe seek to do [the United States] harm and are using it as a vetting tool. [U.S. Citizenship and Immigration Services], of course, is inside the United States, people are here. Many U.S. citizens who also are applicants for their spouses for example, or for their employees, they’ll be required to give their information. What is [USCIS] going to do with that? That’s a question for which we have no answer right now.” Mr. Kuck said the process could help with issues like rooting out false marriages, but that it also likely would further bog down an already backlogged application process at USCIS.
Mr. Kuck was quoted by MSN and CNN on the Trump administration’s “Gold Card” proposal. “They can’t change immigration law in reconciliation,” he said. Mr. Kuck also was quoted by CNN in its subscription-only section.
Mr. Kuck was quoted by Investment News in Trump’s Gold Card Visa Proposal Sparks Questions, Concerns. He said, “Others remain skeptical that a $5 million visa would attract a large enough pool of investors to replace EB-5’s economic contributions.” Mr. Kuck also said that the “amount of money that the EB-5 program has brought in over the course of the last 30 years would dwarf the number of people who could actually afford and want to use a $5 million golden visa.”
