Explore

U.S. Green Card Rules Tighten with Broader Public Charge Assessment and September Visa Limits

U.S. Green Card Rules Tighten with Broader Public Charge Assessment and September Visa Limits

Effective September 18, U.S. immigration officers will have expanded discretion to deny certain green card and admission applications if they determine an applicant is likely to become a 'public charge.' This change rescinds the 2022 public charge regulation, which had narrower criteria for assessing dependency on government support. The new approach allows officers to consider a wider range of means-tested benefits received from the effective date, as well as other information relevant to an individual's case, such as age, health, family circumstances, income, assets, education, qualifications, and employment skills. While a secure job and salary remain helpful evidence, they will not be the sole determining factors. Additionally, there are specific September pressures for employers and applicants, including a mandatory change to Form I-485 and limited employment-based visa availability. The Department of Homeland Security has implemented this change despite a legal challenge filed by a coalition of state...

USCIS Provides Reprieve for El Salvador TPS Beneficiaries Amidst Uncertainty

USCIS Provides Reprieve for El Salvador TPS Beneficiaries Amidst Uncertainty

U.S. Citizenship and Immigration Services (USCIS) has issued a short notice indicating that Salvadoran Temporary Protected Status (TPS) beneficiaries will retain protection, including work authorization, despite the September 9 expiration date passing without a formal extension announcement. El Salvador has been designated for TPS since 2001, and the Biden administration had previously extended the designation for 18 months, from March 10, 2025, through September 9, 2026. As the deadline approached, employers and TPS holders were uncertain about their status, as federal employment verification guidance still indicated termination. USCIS's notice, posted on its TPS pages, states, "An announcement on El Salvador’s TPS will be made at the appropriate time. Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection including work authorization." However, USCIS has not provided a new TPS expiration date or updated instructions for employers regarding Form I-9.

ILRC Opposes Proposed Changes to Form I-130, Citing Increased Burden on Immigrant Families

ILRC Opposes Proposed Changes to Form I-130, Citing Increased Burden on Immigrant Families

The Immigrant Legal Resource Center (ILRC) has formally submitted a comment opposing proposed changes to Form I-130, the Petition for Alien Relative. The proposed revisions would significantly increase the form's length and require petitioners and beneficiaries to provide extensive additional information, including expanded criminal history, employment details, education, and family history. The ILRC argues that many of these new requirements extend beyond the legal purpose of a family petition, creating unnecessary burdens for immigrant families and legal service providers. Furthermore, the organization raises concerns that these changes may violate the Paperwork Reduction Act and the Administrative Procedure Act. The ILRC urges U.S. Citizenship and Immigration Services (USCIS) to withdraw the proposed modifications and maintain a family-based petition process focused solely on legally relevant questions concerning the petitioner's status and the qualifying family relationship.

Latino Immigrants Report Being Deported to African Countries Without Due Process

Latino Immigrants Report Being Deported to African Countries Without Due Process

Approximately 25,000 individuals have been deported to 'third countries' during the Trump administration's immigration crackdown, with many Latino immigrants reporting being sent to African nations like the Central African Republic, Liberia, Ghana, and Sierra Leone. These deportations often occur without prior notice, due process, or the opportunity to object, according to immigration attorney Meredyth Yoon. Yasmany Moreno de Armas, a Cuban immigrant, described being told he was on a deportation flight to Africa two hours into the journey, despite having fled Cuba ten years prior and living in Miami. The Department of Homeland Security states these individuals are deported to 'safe countries,' but the U.S. State Department classifies some of these destinations, such as the Central African Republic, as extreme-risk due to conflict and crime. Immigrants deported to these countries report being in 'legal limbo,' without passports or identification, and feeling 'kidnapped.'

Divorce Impacts Asylum Eligibility for Dependent Spouses in the U.S.

Divorce Impacts Asylum Eligibility for Dependent Spouses in the U.S.

A final divorce generally terminates a dependent spouse's eligibility to receive asylum based on their former spouse's pending application in the U.S. While being listed on an asylum application might seem like having an individual case, a divorce means the dependent spouse must typically file their own independent asylum claim. This requires establishing a new legal basis for protection, as divorce itself does not prove past persecution or a well-founded fear of future persecution. If asylum has already been granted to a derivative asylee, divorce does not automatically revoke that status, but it can prevent the individual from adjusting to a green card through the former spouse. In such cases, a separate process, potentially a 'nunc pro tunc' asylum request, might be necessary. The one-year filing deadline for asylum can be waived due to changed circumstances like divorce, but the new application must still be filed within a reasonable period.

AP Data Reveals Shifting Demographics and Destinations of 4.5 Million Migrants Released in U.S.

AP Data Reveals Shifting Demographics and Destinations of 4.5 Million Migrants Released in U.S.

Newly obtained data by The Associated Press (AP) sheds light on the unprecedented surge of border crossings into the U.S. over the past decade, detailing the demographics and destinations of 4.5 million migrants released within the country. This data, acquired through a Freedom of Information Act request, indicates a significant shift in migrant profiles, with nearly six out of every ten released migrants being women and children, a departure from previous periods dominated by men. Millions of individuals crossed the border from Mexico and were subsequently released in the U.S. with notices to appear in immigration court or report to an Immigration and Customs Enforcement office. These migrants sought asylum or similar immigration benefits on humanitarian grounds, regardless of whether their initial entry was legal. The AP's analysis excluded individuals without a provided ZIP code and likely duplicates, reducing the count to 3,652,313 from illegal entries and an additional 858,537 from official ports of e...

Jamaica and U.S. Finalize Procedures for Third-Country Nationals Intake, Capped at 25 Every Two Weeks

Jamaica and U.S. Finalize Procedures for Third-Country Nationals Intake, Capped at 25 Every Two Weeks

Jamaica and the United States have finalized the operating procedures for the Third-Country Nationals (TCN) arrangement, an agreement stemming from a Memorandum of Understanding signed earlier this year. Minister of Foreign Affairs and Foreign Trade Senator Kamina Johnson Smith announced this development during a post-Cabinet press briefing at Jamaica House. The procedures establish the guidelines for the arrangement, which will see Jamaica accepting a maximum of 25 third-country nationals every two weeks. These individuals are nationals of other countries who entered the United States illegally and will transit through Jamaica while arrangements are made for their return to their home countries via the International Organization for Migration’s (IOM) Assisted Voluntary Return program. The Jamaican government will not fund the program, and individuals with criminal records will not be allowed to transit through the country. No date has been set for the arrival of the first group, as the IOM is still conduc...

Many Venezuelan immigrants shun Florida and turn to smaller cities in Utah, elsewhere

Many Venezuelan immigrants shun Florida and turn to smaller cities in Utah, elsewhere

Many Venezuelan immigrants are shunning Florida and turning instead to communities in places like Utah

Supreme Court Upholds 'Metering' Policy for Asylum Seekers at U.S.-Mexico Border

Supreme Court Upholds 'Metering' Policy for Asylum Seekers at U.S.-Mexico Border

The U.S. Supreme Court, in a 6-3 decision in Mullin v. Al Otro Lado, has ruled that an alien standing in Mexico does not 'arrive in the United States' by merely attempting to enter the country. The Court determined that an alien 'arrives in the United States' only upon physically crossing the border. This interpretation means that the Immigration and Nationality Act (INA) does not grant individuals in Mexico the right to apply for asylum nor does it require an immigration officer to inspect them. The case originated from a 2017 class-action lawsuit against U.S. Customs and Border Protection (CBP) by asylum seekers and the immigration-advocacy organization Al Otro Lado. They argued that CBP's 'metering' policy, which limited the number of asylum seekers processed daily at U.S.-Mexico border ports of entry, unlawfully withheld inspection and asylum processing. The metering policy was implemented in November 2016 due to a surge in asylum seekers exceeding processing capacity and continued through subsequent p...

AP exclusive: Change in human trafficking policy could make some minors easier to deport

AP exclusive: Change in human trafficking policy could make some minors easier to deport

The Trump administration has ordered caregivers for migrant children to stop reporting human trafficking concerns directly to the office created to help victims

Federal Judge Blocks Trump Administration's International Student Visa Restrictions

Federal Judge Blocks Trump Administration's International Student Visa Restrictions

A federal judge has issued a preliminary injunction, preventing the Trump administration's new rule limiting the duration of stay for international students from taking effect. The Department of Homeland Security (DHS) rule, finalized in July, sought to replace a nearly 50-year-old policy that allowed international students to remain in the U.S. until they completed their studies. The new regulation would have restricted most international students to a four-year stay, after which they would need to apply for an extension. U.S. District Court for the District of Massachusetts Judge F. Dennis Saylor IV ruled that the Trump administration failed to adequately respond to public comments or consider alternative options, violating the Administrative Procedure Act. Judge Saylor also stated that the government did not demonstrate a rational connection between the rule and its stated national security objectives, calling the justification "absurd" and based on a "small handful of anecdotes" that the rule would not...

Congressman Maxwell Frost Condemns 'Alligator Alcatraz' Conditions Following DHS Watchdog Report

Congressman Maxwell Frost Condemns 'Alligator Alcatraz' Conditions Following DHS Watchdog Report

Congressman Maxwell Frost has publicly denounced the inhumane conditions at the now-closed Florida immigration detention center, dubbed "Alligator Alcatraz." His condemnation follows a report from a federal government watchdog that confirmed severe abuses at the facility. Frost, who visited the center twice, described the conditions as "disgusting" and a "stain on Florida’s history." He specifically highlighted the use of outdoor metal cages, which staff referred to as "calming areas," where detainees were held for extended periods. Despite previous assurances that these cages were no longer in use, the federal investigation confirmed their continued operation. The report detailed that 79 detainees were confined in these small, 16 to 18 square-foot enclosures for up to two hours, exposing them to extreme heat and insects. Beyond the cages, the Department of Homeland Security Office of Inspector General (DHS OIG) investigators documented systemic failures in medical care, food service, hygiene, recreation, ...