ABIL Immigration Insider • June 1, 2025

In this issue:

1. Trump v. Foreign Students, Continued: DOS Suspends All Student/Exchange Visitor Visa Applications While Considering Expansion of Social Media Vetting, Will ‘Aggressively’ Revoke Visas of Certain Chinese Students – In the most recent of a continuing series of actions taken against international students seeking to pursue an education in the United States, the Trump administration ordered U.S. embassies and consulates to pause new interviews for all international student and exchange visitor visa applicants while it considers significantly expanding social media vetting of the students. The administration also plans to “aggressively” revoke the visas of certain Chinese students and enhance future scrutiny, with a focus on those studying in “critical fields” or with ties to the Chinese Communist Party. The news was met with widespread dismay among international students and in the higher education community.

2. Supreme Court Says Trump Administration Can Terminate Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans – On May 30, 2025, the Supreme Court ruled 7-2 that the Trump administration can terminate a Biden-era special humanitarian parole program for an estimated 532,000 Cubans, Haitians, Nicaraguans, and Venezuelans in the United States.

3. Expanded DOJ Corporate Whistleblower Awards Program Prioritizes Immigration Violations – The Department of Justice expanded its corporate whistleblower program, increasing scrutiny on U.S. employers of noncitizens. The new policy forecasts a focus on noncitizens with H-1B or L-1 status and those who may have fallen out of immigration status.

4. Supreme Court Says Trump Administration Can Revoke Venezuelan TPS – The U.S. Supreme Court ruled that the Trump administration can move forward, while legal proceedings continue, with revoking Temporary Protected Status (TPS) for an estimated 350,000 Venezuelans in the United States who received TPS in 2023.

5. E-Verify Alerts Employers About Mismatches in Social Security Information – E Verify announced a technical issue with Social Security Administration mismatch (tentative nonconfirmation) cases that were referred between April 9 and May 5, 2025.

6. DOS Announces Visa Restrictions on Travel Agency Execs for Knowingly Facilitating Illegal Immigration to the United States – The visa restrictions, on owners, executives, and senior officials of travel agencies based and operating in India for knowingly facilitating illegal immigration to the United States, is also “global and even applies to individuals who otherwise qualify for the Visa Waiver Program.”

7. Supreme Court Keeps Block on Trump Administration’s Use of Alien Enemies Act to Deport Venezuelans, Sends Case Back to Fifth Circuit – The U.S. Supreme Court sent a case back to the U.S. Court of Appeals for the Fifth Circuit to determine whether the Trump administration can summarily deport a group of Venezuelan detainees under the Alien Enemies Act. The Supreme Court also determined that the lower federal court should rule on how much notice the federal government must provide to allow the migrants to challenge the government’s plans to deport them.

8. DHS Terminates TPS for Afghanistan – The Temporary Protected Status designation for the country expired on May 20, 2025, and the termination will take effect July 14, 2025. The decision affects an estimated 9,000 Afghans in the United States.

9. DV-2026 Entrant Status Check Access Opens – Diversity Visa lottery (DV-2026) entrants may enter their confirmation information at the Electronic Diversity Visa Program website to check the status of their applications until “at least September 30, 2026.”

10. Advocates Object to Alien Registration Form and Process Under Interim Final Rule – The American Immigration Lawyers Association said that the interim final rule violates the U.S. Constitution, the Administrative Procedure Act, and the Paperwork Reduction Act; exceeds U.S. Citizenship and Immigration Services’ authority; and is inconsistent with statutory requirements. AILA also had many objections to the related Form G-325R (Biographic Information).

11. First 100 Days: USCIS Touts Its Record on ‘Making America Safe Again’ – U.S. Citizenship and Immigration Services touted the agency’s record on “aggressively working to ensure America’s national security by addressing vulnerabilities in immigration policies, reducing exploitation of humanitarian parole programs, and assisting enforcement agencies in identifying and removing illegal aliens.”

12. DHS Extends TPS for South Sudan for Six Months – The Department of Homeland Security has extended Temporary Protected Status (TPS) for South Sudan through November 3, 2025. The extension also automatically extends the validity of work permits previously issued under the TPS designation of South Sudan for six months.

13. DHS Rescinds Romania’s VWP Designation – Effective May 2, 2025, the Department of Homeland Security, in consultation with the Department of State, has rescinded Romania’s Visa Waiver Program designation.

14. TSA Begins Full REAL ID Enforcement – On May 7, 2025, the Department of Homeland Security (DHS) announced full implementation of REAL ID enforcement measures at Transportation Security Administration checkpoints nationwide. DHS said that 81% of travelers are already REAL ID compliant.

15. Trump Administration Prioritizes Refugee Admissions for Afrikaners – The Trump administration is preparing to bring 54 Afrikaners (descendants of mostly Dutch settlers in South Africa; many are farmers) into the United States as refugees, despite blocking refugee admissions otherwise.

16. Press Obtains DOS Cable on Visa Adjudications Related to Sex at Birth and ‘Keeping Men Out of Women’s Sports’ – The cable, which has wider implications beyond women’s sports, discusses visa adjudication procedures related to sex assigned at birth and “[t]alking points for use with affected applicants.”

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

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ABIL Immigration Insider – June 1, 2025

1. Trump v. Foreign Students, Continued: DOS Suspends All Student/Exchange Visitor Visa Applications While Considering Expansion of Social Media Vetting, Will ‘Aggressively’ Revoke Visas of Certain Chinese Students

In the most recent of a continuing series of actions taken against foreign students in the United States:

• The Department of State ordered U.S. embassies and consulates to pause new interviews for all international student and exchange visitor visa applicants while it considers significantly expanding social media vetting of the students, along with previously announced enhanced social media screening for immigrants more generally.

• Secretary of State Marco Rubio announced that the Trump administration plans to “aggressively” revoke the visas of certain Chinese students (including those from Hong Kong) and enhance future scrutiny, with a focus on those studying in “critical fields” or with ties to the Chinese Communist Party. It was not clear from Rubio’s brief statement how the administration would decide what fields are considered critical or what criteria constitute ties to the Chinese Communist Party.

Some international students say they are considering studying or working elsewhere. Other countries, including U.S. competitors, are dangling offers to attract international students and researchers who no longer feel welcome in the United States. For example, Hong Kong’s education bureau is calling on its universities to open their doors to top talent being discouraged or prevented from studying and working in the United States. The bureau contacted the Harvard Club of Hong Kong to offer support, and Hong Kong’s University of Science and Technology invited international students at Harvard to come and study in Hong Kong instead.

Ursula van der Leyen, European Commission President, emphasized “free and open research” in a recent speech and said, “Europe must remain the home of academic and scientific freedom.” Toward that end, Europe has launched a $570 million initiative called Choose Europe. Funding for this initiative “will support cutting edge research and focus on developing research talent, fostering international collaboration, and connecting science with society, with targeted support for early career researchers and displaced Ukrainian scientists.”

Simon Marginson, a professor of higher education at the University of Oxford, said that a downturn in international students would affect U.S. universities’ “talent pipeline” and income, while benefiting U.S. competitors. “China will become significantly more attractive than before to students and researchers from the Global South. Western Europe will also gain significantly,” he said.

Meanwhile, a federal judge has temporarily blocked the Trump administration from preventing Harvard from enrolling international students, and additional litigation is in the works. Stay tuned.

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2. Supreme Court Says Trump Administration Can Terminate Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans

On May 30, 2025, the Supreme Court ruled 7-2 that the Trump administration can terminate a Biden-era special humanitarian parole program for an estimated 532,000 Cubans, Haitians, Nicaraguans, and Venezuelans in the United States. The brief order was unsigned, with two justices dissenting.

Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said the majority’s “botched” decision “undervalues the devastating consequences of allowing the Government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending. Even if the Government is likely to win on the merits, in our legal system, success takes time and the stay standards require more than anticipated victory.”

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3. Expanded DOJ Corporate Whistleblower Awards Program Prioritizes Immigration Violations

In a May 2025 announcement, the Department of Justice (DOJ) expanded its corporate whistleblower program, increasing scrutiny of U.S. employers of noncitizens. The new policy forecasts a focus on noncitizens with H-1B or L-1 status and those who may have fallen out of immigration status.

Under the expanded program, DOJ is focusing on investigating and charging immigration violations by companies. Among the other new policies, U.S. Attorneys’ offices now must provide quarterly reports to DOJ on their immigration enforcement efforts. Specifically, the program now is likely to focus on employment of unauthorized workers, document fraud, harboring allegations, immigration eligibility misrepresentation, labor condition noncompliance, and noncompliance with other immigration regulations.

Individuals who provide original, truthful information leading to criminal or civil forfeiture exceeding $1 million may be eligible for awards under the program. Whistleblowers can receive up to 30 percent of the first $100 million in net proceeds forfeited and up to 5 percent of net proceeds between $100 million and $500 million.

The expanded policy warrants a proactive review and robust compliance measures by employers to mitigate legal risks, the Alliance of Business Immigration Lawyers said.

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4. Supreme Court Says Trump Administration Can Revoke Venezuelan TPS

On May 19, 2025, the U.S. Supreme Court ruled in a two-paragraph summary order that the Trump administration can move forward, while legal proceedings continue, with revoking Temporary Protected Status (TPS) for an estimated 350,000 Venezuelans in the United States who received TPS in 2023.

It was unclear when the Venezuelans would lose TPS and related work authorization.

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5. E-Verify Alerts Employers About Mismatches in Social Security Information

On May 19, 2025, E‑Verify announced a technical issue with Social Security Administration (SSA) mismatch (tentative nonconfirmation) cases that were referred between April 9 and May 5, 2025. This includes cases involving dual SSA and Department of Homeland Security (DHS) mismatches if the employee attempted to resolve the case by visiting an SSA office but did not contact DHS. E-Verify said, “Due to this system error, some of these cases may have incorrectly received a final nonconfirmation (FNC) even after the employee took steps to resolve the mismatch at an SSA office.”

E-Verify released the following tips:

• For any cases that received an FNC after an SSA or Dual SSA and DHS mismatch, for cases referred from April 9 to May 5, 2025, employers should create a new E‑Verify case.
• If the employer has already created a new case and received an Employment Authorized result for an affected employee, no further action is needed.
• Employers may notice the status message, “E‑Verify Needs More Time,” appearing longer than usual for these cases on the Case Status page.
• Employers receiving an FNC for one of these affected cases should not take any adverse action or terminate employment based on that FNC result.

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6. DOS Announces Visa Restrictions on Travel Agency Execs for Knowingly Facilitating Illegal Immigration to the United States

On May 19, 2025, the Department of State (DOS) announced that it is “imposing visa restrictions on owners, executives, and senior officials of travel agencies based and operating in India for knowingly facilitating illegal immigration to the United States.”

DOS said the visa restriction policy is “global and even applies to individuals who otherwise qualify for the Visa Waiver Program.”

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7. Supreme Court Keeps Block on Trump Administration’s Use of Alien Enemies Act to Deport Venezuelans, Sends Case Back to Fifth Circuit

On May 16, 2025, in a 7-2 decision, the U.S. Supreme Court sent a case back to the U.S. Court of Appeals for the Fifth Circuit to determine whether the Trump administration can summarily deport a group of Venezuelan detainees under the Alien Enemies Act. The Supreme Court also determined that the lower federal court should rule on how much notice the federal government must provide to allow the migrants to challenge the government’s plans to deport them.

Referring to circumstances such as the case of Kilmar Armando Abrego Garcia, a Maryland man who was deported by mistake and subsequently left in a Salvadoran prison despite a Supreme Court order to facilitate his return to the United States, the Supreme Court noted in this case that “notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.”

Lee Gelernt, a lawyer for the American Civil Liberties Union, said the decision “means that more individuals will not secretly be sent to a brutal prison in El Salvador,” and that the administration’s use of the Alien Enemies Act, a wartime law, “during peacetime, without due process, raises issues of far-reaching importance.”

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8. DHS Terminates TPS for Afghanistan

On May 12, 2025, the Department of Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) for Afghanistan. The TPS designation for the country expired on May 20, 2025, and the termination will take effect July 14, 2025. The decision affects an estimated 9,000 Afghans in the United States.

Afghanistan was initially designated for TPS on May 20, 2022, based on ongoing armed conflict and extraordinary and temporary conditions. On September 25, 2023, DHS extended and newly designated Afghanistan for a period of 18 months, beginning November 21, 2023, and ending May 20, 2025. The new DHS statement said that DHS Secretary Kristi Noem “determined that, overall, there are notable improvements in the security and economic situation such that requiring the return of Afghan nationals to Afghanistan does not pose a threat to their personal safety due to ongoing-armed conflict or extraordinary and temporary conditions. She further determined that permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.”

In April, Christian leaders and nonprofits reportedly lobbied the Trump administration to carve out an exception for Afghan Christians who they warned may face persecution if returned to the Taliban-controlled country. The administration has been silent on any policy on that front, but in response to questions about what those fearing death or torture if returned to Afghanistan should do, Karoline Leavitt, White House Press Secretary, said, “If there are individuals here who came in through the Biden administration who want to claim asylum, there is a legal process to do that, and those cases will be adjudicated by a judge on a case-by-case basis.”

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9. DV-2026 Entrant Status Check Access Opens

The Department of State (DOS) announced that as of May 3, 2025, Diversity Visa lottery (DV-2026) entrants may enter their confirmation information at the Electronic Diversity Visa Program website to check the status of their applications until “at least September 30, 2026.” The DV-2026 registration period opened on October 2, 2024, and closed on November 7, 2024. DOS said that DV-2026 entrants “should keep their confirmation number until at least September 30, 2026.”

DV-2025 Entrants have until September 30, 2025, to check the status of their entry through the website. DOS noted that it will not send a letter or an email to let applicants know if they have been selected; they must check their status online using their confirmation number. DOS has released a website for retrieving a confirmation number if it has been lost. DOS has also released instructions and additional information for applicants who have been selected.

DOS has also released an infographic on the DV-2026 process. Those needing help can email the Kentucky Consular Center (KCC) at [email protected] and include their name, birth date, and case number, DOS said.

In related news, the Department of State’s Visa Bulletin for June 2025 notes that the DV-2025 annual limit has been reduced to approximately 52,000:

The [Nicaraguan and Central American Relief Act (NACARA)] stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. Visa numbers made available to NACARA applicants in FY 2024 will result in reduction of the DV-2025 annual limit to approximately 54,850. Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s provisions on the DV program such that the number of visas made available under the NDAA each fiscal year will be deducted from the 55,000 DVs annually allocated. These amendments will further reduce the DV-2025 annual limit to approximately 52,000.

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10. Advocates Object to Alien Registration Form and Process Under Interim Final Rule

On May 12, 2025, the American Immigration Lawyers Association (AILA) published comments on a U.S. Citizenship and Immigration Services (USCIS) interim final rule, “Alien Registration Form and Evidence of Registration,” published March 12, 2025, and the related Form G-325R (Biographic Information). Among other things, AILA asserts that:

• The interim final rule violates the U.S. Constitution, the Administrative Procedure Act, and the Paperwork Reduction Act; exceeds the agency’s authority; and is inconsistent with the statutory requirements.
• The requirement on Form G-325R to list all addresses over a five-year period is unduly burdensome and goes far beyond the kind of information that is referenced in the Immigration and Nationality Act.
• The only drop-down selections provided by the form are “Entered Without Inspection (EWI)” or leaving the section blank. There is no clear instruction on how to complete the form if the registrant did not enter EWI.
• Similarly, the G-325R asks for the registrant’s current I-94 number, which is confusing because someone who has been issued an I-94 is normally viewed as having already complied with the registration requirement.
• Another confusing section of the form asks for the date of immigration status expiration in month, day, and year format. With several nonimmigrant statuses, such as F-1, J-1, and M-1, individuals are present in the U.S. for the duration of status (D/S).
• Further confusing is the selection of immigration status on the form. In the dropdown menu used to select one’s status, it is unclear whether all potential immigration status options are made available.
• The form contains ambiguous questions that lack instructions clarifying how much information should be provided for each.
• In certain portions of the form, it is unclear which questions are required fields, and which fields are optional.
• Form G-325R’s requirement for full disclosure of all arrests, charges, and convictions—regardless of age, expungement, or relevance—raises significant legal and due process concerns.
• The rule skips the usual notice-and-comment process and, thus, there has been no opportunity to suggest clarifications to the form, resulting in unnecessary practical complications.

AILA therefore recommends that both the interim final rule and Form G-325R be withdrawn.

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11. First 100 Days: USCIS Touts Its Record on ‘Making America Safe Again’

On April 29, 2025, U.S. Citizenship and Immigration Services (USCIS) released a statement, First 100 Days: Delivering on Making America Safe Again. The statement touted the agency’s record on “aggressively working to ensure America’s national security by addressing vulnerabilities in immigration policies, reducing exploitation of humanitarian parole programs, and assisting enforcement agencies in identifying and removing illegal aliens.” The statement warns “[a]liens, immigration attorneys and non-government organizations” to “take note: the days of exploiting our immigration system are over. Aliens who want to live and work in America need to do it legally or get out.”

Among other things, the achievements USCIS praised include implementing alien registration and tracking; deploying “volunteers” to support U.S. Immigration and Customs Enforcement’s (ICE) enforcement and removal operations (USCIS has about “450 volunteers detailed to ICE supporting 85 facilities across the country”); making various arrests and detentions; anti-fraud efforts; ending the Cuban, Haitian, Nicaraguan, and Venezuelan parole program; rescinding the extensions of Temporary Protected Status for Haitians and Venezuelans; adopting social media vetting for “anti-Americanism”; recognizing only two sexes; eliminating a COVID-19 vaccine requirement for green card applicants; and ending coordination on naturalization ceremonies with “sanctuary” cities.

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12. DHS Extends TPS for South Sudan for Six Months

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for South Sudan for six months, from May 4, 2025, through November 3, 2025. The extension also automatically extends the validity of Employment Authorization Documents (EADs) previously issued under the TPS designation of South Sudan for six months.

DHS said that existing TPS beneficiaries who wish to apply for an EAD for the first time, or who already have an EAD and would like to obtain an updated EAD with an expiration date on the face of the card of November 3, 2025, may submit Form I-765, Application for Employment Authorization, and the appropriate fee. TPS remains available to otherwise qualified nationals of South Sudan (or those with no nationality who last habitually resided in South Sudan) who have been continuously residing in the United States since September 4, 2023.

DHS explained that “[u]nder the TPS statute, if the Secretary does not determine whether a foreign state continues to meet the conditions for designation for TPS at least 60 days before the current expiration of the country’s TPS designation, the period of designation is automatically extended for six months. The Secretary was unable to make an informed determination on South Sudan’s designation by the March 4, 2025 statutory deadline due to the lack of an updated analysis of current country conditions in South Sudan.”

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13. DHS Rescinds Romania’s VWP Designation

Effective May 2, 2025, the Department of Homeland Security (DHS), in consultation with the Department of State, rescinded Romania’s Visa Waiver Program (VWP) designation.

DHS explained that it decided that Romania’s VWP designation should be rescinded “to protect the integrity of the VWP and to ensure border and immigration security. Romania may be reconsidered for VWP designation in the future should they meet the statutory eligibility criteria.”

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14. TSA Begins Full REAL ID Enforcement

On May 7, 2025, the Department of Homeland Security (DHS) announced full implementation of REAL ID enforcement measures at Transportation Security Administration (TSA) checkpoints nationwide. DHS said that 81% of travelers are already REAL ID compliant. According to DHS, all states, the District of Columbia, and the five U.S. territories are REAL ID compliant and issuing REAL ID compliant driver’s licenses and identification documents.

“Passengers who present a state-issued identification that is not REAL ID compliant at TSA checkpoints and who do not have another acceptable alternative form of ID will be notified of their non-compliance and may be directed to a separate area to receive additional screening,” DHS said. The agency noted that REAL ID-compliant cards have a star marking on the upper top portion of the card. Examples:

If the card does not have a star marking, it is not REAL ID-compliant and will not be accepted as proof of identity to board commercial aircraft, DHS said.

Enhanced Driver’s Licenses and Enhanced Identification cards (EDL/EID) are also acceptable forms of identification and can be used to board commercial aircraft. EDLs/EIDs can be identified by an image of the U.S. flag and the word Enhanced at the top of the card.

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15. Trump Administration Prioritizes Refugee Admissions for Afrikaners

According to reports, the Trump administration is preparing to bring 54 Afrikaners (descendants of mostly Dutch settlers in South Africa; many are farmers) as refugees into the United States, despite blocking refugee admissions otherwise. A press conference is expected when the group arrives. States agreeing to take them in include Alabama, California, Idaho, Michigan, Minnesota, Montana, New York, Nevada, North Carolina, and Iowa.

President Trump said in February that the minority white Afrikaners were “victims of unjust racial discrimination,” a point also made by Trump adviser Elon Musk, who was born in South Africa. South Africa’s foreign ministry said, “It is most regrettable that it appears that the resettlement of South Africans to the United States under the guise of being ‘refugees’ is entirely politically motivated and designed to question South Africa’s constitutional democracy.”

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16. Press Obtains DOS Cable on Visa Adjudications Related to Sex at Birth and ‘Keeping Men Out of Women’s Sports’

Various media outlets obtained a cable from Secretary of State Marco Rubio to the field on President Trump’s Executive Order 14201, “Keeping Men Out of Women’s Sports.” The cable discusses visa adjudication procedures related to sex assigned at birth and “[t]alking points for use with affected applicants.”

Although the cable focuses on sports, commenters have noted that it is worded more broadly. Transgender attorney Alejandra Caraballo said, “This document does not set a limitation on the implementation of finding material fraud in asserting a gender marker different than the one assigned at birth. Consular officers could implement this on any and all visitor, immigrant, and nonimmigrant visa applications.”

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New Publications and Items of Interest

New FAQ on effect of changes to parole and TPS for SAVE agencies. U.S. Citizenship and Immigration Services has released a new Frequently Asked Questions (FAQ) page, FAQs on the Effect of Changes to Parole and Temporary Protected Status (TPS) for SAVE Agencies. The FAQs address questions that Systematic Alien Verification for Entitlements agencies may have regarding the implementation of various changes to parole and Temporary Protected Status, including through published Federal Register notices. DHS noted that it has also taken actions to terminate parole before the parole expiration date for certain people.

OFLC public disclosures. The Department of Labor’s Office of Foreign Labor Certification has released a comprehensive set of public disclosure data (through the second quarter of fiscal year [FY] 2025) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. (OFLC noted that it recently implemented the revised form ETA-9089. As a result, there are two distinct PERM disclosure data files. These files each have their own record layout documents.) The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2024, through March 31, 2025, reporting period of FY 2025. OFLC has also released selected program statistics for the first half of fiscal year 2025 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. OFLC has also published an updated list of the names of foreign labor recruiters for the H-2B program, along with Frequently Asked Questions about the list.

Know your rights. A number of organizations, including the American Civil Liberties Union (ACLU) (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, and the Asian Law Caucus, have published resources highlighting immigrants’ rights in the United States, including “know your rights” information and what documents they may want to carry when traveling inside the United States. ACLU of Northern California has also released Know Your Rights: U.S. Airports and Ports of Entry.

E-Verify webinars: E-Verify has added a webinar with a focus on acceptable documents for Form I-9 verification, and has updated its calendar of webinars.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.

Immigration agency X (formerly Twitter) accounts:

• EOIR: @DOJ_EOIR
• ICE: @ICEgov
• Study in the States: @StudyinStates
• USCIS: @USCIS

Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration

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ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published several new blog posts: DOJ Prioritizes Immigration Violations in Expanded Corporate Whistleblower Awards Pilot Program, SCOTUS Ruling on TPS Causes Uncertainty for Beneficiaries and Employers Alike, and United Kingdom Announces Sweeping Immigration Reform in New White Paper.

Charles Kuck was interviewed on PBS NewsHour about the Trump administration’s deportations and court rulings against him on immigration matters.

Mr. Kuck was quoted by the Washington Post in Georgia Teen Detained by ICE After Mistaken Traffic Stop to be Released on Bond. Ximena Arias Cristobal, 19, who was mistakenly detained, grew up in the United States and has two younger siblings who are U.S. citizens, said Mr. Kuck, who is one of the attorneys representing her. He said the teenager was kind, gentle, and well-known in her community. She was not eligible for protection under the Deferred Action for Childhood Arrivals (DACA) policy, said Dustin Baxter of Kuck Baxter Immigration LLC. She will be freed on a bond of $1,500, which is the minimum amount allowable by law, Mr. Baxter said, adding that Ximena “was in ICE custody following an arrest that never should have happened is salt in the wound. That ICE didn’t release Ximena after the criminal charges were rightfully dropped defies common sense.”

Cyrus Mehta and Kaitlyn Box have authored a new blog post: Fighting Back Trump’s Attacks on Foreign Students.

Mr. Mehta was quoted by Forbes in Rubio Makes Immigration Threat to Revoke Student, H-1B and Other Visas. He said, “Those who are impacted by Rubio’s catch and revoke policy should not hesitate to challenge the actions in court. If the revocation of the underlying visa results in detention and removal proceedings, they should challenge the detention as unconstitutional through a habeas petition in federal district court and also separately contest the deportation grounds in immigration court.” He noted that “[t]he only way to get the government to back down and prevent it from creating a climate of fear among nonimmigrants in the United States is through concerted legal action that challenges detention and deportation at the same time.”

Stephen Yale-Loehr, of Miller Mayer, LLP, was quoted by the South China Morning Post in Harvard to Win Injunction in Foreign Student Fight Against the Trump Administration. He said that a preliminary injunction would indicate a favorable final ruling for Harvard. But, he added, “the Trump administration will certainly appeal and drag it all out.” Mr. Yale-Loehr said that the broader posture the administration has taken would be likely to keep deterring students from staying in the United States: “Even if Harvard wins the litigation battle, Trump may win the immigration war.”

Mr. Yale-Loehr was quoted by the Times of London in What is Next for Trump’s Escalating War With Harvard? He said that even if Harvard were to prevail in court, it may be a pyrrhic victory in the broader public relations fight. “This legal battle coalesces two of Trump’s wars, one on immigration and international students generally, and the second on higher education. And Harvard is sort of at the crux of both fights. I think Harvard will eventually win the litigation battle, but I fear that Trump is winning the war. They are essentially saying, ‘If we win in court, great, but if we don’t, we can just blame all those judges.’ ” Beyond challenging the orders in court, Harvard could lobby Congress and try to win hearts and minds by demonstrating the importance of its research and the contributions made by non-native students, he noted, but added, “That’s a long, slow fight. You can’t turn around public opinion that quickly.”

Mr. Yale-Loehr was quoted by the Morning Dispatch in Trump Admin Targets International College Students. He said, “I would say that Harvard is going to win its lawsuit on both procedural and substantive grounds.” Procedurally, he noted that the federal government failed to provide Harvard sufficient notice to appeal the decision, a requirement of federal law, and also failed to provide sufficient evidence for its claims. Substantively, Mr. Yale-Loehr pointed out that by specifically targeting Harvard and seeking to exert control over its curriculum, the White House was likely violating the First Amendment right to academic freedom and free expression, along with the privacy rights of international students. But the State Department’s pause of visa interviews will likely have effects far beyond Harvard, he noted. “It’s the absolute worst timing,” he said, adding that foreign students can only apply for a student visa after receiving an acceptance letter from and making a deposit to a U.S. university.

Mr. Yale-Loehr was quoted by Forbes in Harvard’s Response to the Trump Administration’s Immigration Actions. He said, “While Trump may lose this litigation battle, he may win his war against international students. The combination of starting this lawsuit against Harvard, threatening to terminate Optional Practical Training, and revoking the immigration status of over 1,000 international students leaves prospective students applying to colleges outside the U.S., and current international students, worried about their futures.”

Mr. Yale-Loehr was quoted by Newsweek in Donald Trump Will Lose Harvard Student Fight, Legal Experts Say. “I think Harvard will win its lawsuit, on both procedural and substantive grounds,” he said. “Procedurally, the immigration regulations set forth specific procedures to revoke a school’s approval to enroll international students. The government can’t just issue a press release or letter announcing the revocation.” Mr. Yale-Loehr also said, “Substantively, Harvard has strong grounds to claim that the administration’s actions retaliate against Harvard for exercising its First Amendment rights to decide its curriculum and other issues. Harvard may also claim that the administration’s demands for records on all its international students violated the students’ privacy rights under federal law.”

Mr. Yale-Loehr was quoted by the Chronicle of Higher Education in Trump Administration Revokes Harvard’s Ability to Enroll International Students. “I’m confident in 40 years of practicing law, I’ve never seen a whole program revoked in [such] a sweeping way,” he said. The Department of Homeland Security can’t just “issue a letter or press release stating that a school can no longer enroll international students,” Yale-Loehr said. Yale-Loehr said Harvard’s foreign students should not automatically lose their legal status and should be given time to transfer, change to another visa, or leave the country.

Mr. Yale-Loehr was quoted by Syracuse.com in New York Inspector Makes a Call That Gets a Trucker Deported. Gov. Hochul Says He Was Wrong. He said he had never heard of a transportation inspector enforcing immigration law. “The facts here are egregious,” said Mr. Yale-Loehr. “Is this a rogue inspector, or a policy? Unless [New York Department of Transportation] workers or others are trained on which immigration documents make a person legal or illegal, they shouldn’t hold someone for [immigration authorities]. I can’t just go up to you on the street and say, ‘You look illegal, so I am going to hold you until ICE comes here,’ ” he said.

Mr. Yale-Loehr was quoted by 285 South in Brian and Anthony Got Married at an ICE Facility in Folkston. Now They’re Fighting for Brian’s Release. The article notes that “[p]reviously, if an immigrant whom the federal government was trying to remove from the country also had a pending green card application, the judge in charge of the removal might halt those proceedings—because the approval of the green card would render them moot.” Mr. Yale-Loehr said, “Under the Trump administration, however, many immigration judges no longer grant those administrative closures. So Brian still could be removed, even though he is married to a U.S. citizen.”

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Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS case processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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