Immigration News & Updates

Federal Court Orders USCIS to Resume Processing for Some Applicants from “Restricted” Countries

Klasko reports that a Massachusetts federal court ordered USCIS to lift blanket processing holds for certain plaintiffs from countries targeted by enhanced vetting policies. The ruling is limited to the plaintiffs for now, but it gives similarly delayed applicants a roadmap for challenging indefinite, nationality-based freezes.

Fifth Circuit Again Lets Texas Immigration Arrest Law Take Effect Temporarily

Bloomberg Law reports that the Fifth Circuit again allowed Texas' state-level migrant arrest and deportation law to operate while the case continues. For Texas families, the practical risk is confusion at the line between state police action and federal removal authority, especially for people stopped far from the border.

USCIS Confirms June 2026 Filing Charts for Adjustment of Status

USCIS updated its filing-chart page on June 1: family-sponsored adjustment applicants must use the June 2026 Dates for Filing chart, while employment-based applicants must use the Final Action Dates chart. That split matters because many employment-based applicants cannot file or move forward unless their priority date is actually current under the stricter chart.

American Immigration Council Warns USCIS Green-Card Memo Leaves Major Questions Unanswered

The American Immigration Council says USCIS' May 21 adjustment memo may push more green-card applicants toward consular processing abroad, even after the agency softened its public message. The uncertainty is especially serious for spouses, parents, employment-based applicants, and people who could trigger unlawful-presence bars if they leave the United States.

DHS “Duration of Status” Rule Could Soon Change Compliance for Students and Exchange Visitors

Klasko warns that DHS is expected to finalize a rule ending open-ended “duration of status” admissions for F students, J exchange visitors, and I media representatives. Fixed I-94 expiration dates would make extensions, transfers, OPT/CPT planning, and program changes much more time-sensitive.

State Department Says EB-2 India Visa Numbers Are Exhausted for FY2026

The State Department announced that all available FY2026 EB-2 immigrant visa numbers for India have been used, pausing additional immigrant visa issuance in that category until October 1. Approved applicants remain eligible, but consular issuance and some green-card timing strategies may stall until new FY2027 numbers open.

Enhanced USCIS Security Vetting Is Delaying Cases and Triggering New RFE Patterns

USCIS has begun using expanded FBI criminal-history data for fingerprint-based checks, and officers have reportedly been told not to approve some cases until enhanced vetting is complete. Adjustment, naturalization, asylum-related, EAD, and employment-based filings may see delays, biometrics resubmissions, or new evidence requests.

USCIS Quietly Lifts Adjudication Hold for Some Foreign Physicians

Klasko reports that USCIS updated its vetting policy to lift an adjudication hold for foreign national physicians with USCIS-filed cases, following pressure from medical groups. The relief is narrow: consular visa processing is not covered, and other enhanced vetting measures remain in effect.

Green-Card Strategy Now Requires a Case-by-Case Risk Review Before Filing

The adjustment memo does not automatically bar every applicant from filing inside the United States, but it changes the risk calculation. Families and employers should now document positive discretionary factors early, preserve lawful-status history, and avoid assuming that eligibility alone will carry the case.

AILA Roundup Highlights Immigration Court Due-Process Concerns and Rapid Policy Swings

AILA's latest news and commentary roundup continues to track the same pattern lawyers are seeing in practice: fast agency shifts, mass hearings, document problems in detention, and case-specific uncertainty. The common thread is that immigrants need earlier preparation, cleaner records, and faster attorney involvement before a missed notice or rushed hearing becomes irreversible.

Appeals Court Clears a Path for Texas Migrant-Arrest Law to Operate

A federal appeals-court order left part of Texas' migrant-arrest law in effect while litigation continues, after a district judge had blocked major portions of the statute. The legal fight matters beyond Texas because it tests how far states can go in immigration enforcement when federal law traditionally controls entry, removal, and deportation.

Immigration Courts Expand “Mega Master” Hearings to Speed Deportation Orders

NPR reports that immigration courts are scheduling massive master-calendar hearings, sometimes with 100 or more people at once, to move cases faster and increase removal orders. Lawyers warn the risk is highest for unrepresented people who miss a rescheduled hearing, arrive late, or do not receive notice in time.

DHS Plan Would Let USCIS Reject Some Asylum Cases Without Interviews

CBS News reports that DHS is developing a rule allowing USCIS officers to reject some asylum applications on the paper record if they appear to miss the one-year filing deadline. The proposal would send rejected applicants to immigration court, where they would have to defend the case in removal proceedings instead of first receiving a USCIS asylum interview.

DHS Narrows Its Message After Green-Card Adjustment Panic

DHS is now downplaying the reach of last week's USCIS guidance on adjustment of status, saying qualified applicants and skilled professionals should not see a broad ban on green-card processing inside the United States. The shift does not erase the risk: practitioners still expect more discretionary scrutiny and more evidence requests for people asking USCIS to approve adjustment instead of consular processing abroad.

USCIS Rejection Consequences for Unpaid Annual Asylum Fees Are Active

USCIS' Form I-589 page now warns that, effective May 29, pending asylum applications can be rejected if the Annual Asylum Fee is not paid within 30 days after notice. Because rejection can affect work authorization strategy and can push applicants toward removal proceedings, asylum applicants should monitor mail, online accounts, and attorney communications closely.

USCIS Fee Schedule Highlights Separate, Non-Waivable H.R. 1 Fees

USCIS' G-1055 fee schedule now emphasizes that certain Public Law 119-21 fees must be paid separately, are not waivable, and can apply even where the regular filing fee is waived or exempt. Filers should verify the current edition and payment rules immediately before mailing because incorrect or combined fees can trigger rejection.

USCIS Updates EOIR-29 Filing Locations for Some Family-Based Appeals

USCIS says that, as of May 26, Form EOIR-29 filings submitted to USCIS should go to the Phoenix or Dallas lockbox depending on which USCIS office issued the I-130 or I-360 widow(er) denial or revocation letter. A wrong filing address can cost critical appeal time, so families challenging a denial should check the live USCIS page before sending the package.

ICE Detains Young Immigrants With Special Immigrant Juvenile Status

Newsday found that ICE has detained at least a dozen young people on Long Island who had Special Immigrant Juvenile Status, a protection traditionally understood to shield vulnerable youth from deportation while they pursue green cards. The report signals that SIJS recipients and applicants should not assume deferred-action-style protection will prevent enforcement contact.

Hearing Acceleration Raises Practical Detention Risk for Missed Court Dates

The immigration-court acceleration strategy has an enforcement consequence: people who miss a hearing can receive an in absentia removal order that ICE can later use to detain and deport them. This makes address updates, EOIR online-account checks, and reliable transportation to court more important than ever.

Georgia Town Uses APA and Public-Nuisance Claims to Fight ICE “Megacenter”

The Guardian reports that Social Circle, Georgia, is suing over a planned ICE detention center using environmental, Administrative Procedure Act, and state public-nuisance theories. The case is important because it shows local governments may challenge detention expansion not only on environmental review grounds, but also on reasoned-decision-making and community-impact grounds.

Asylum Strategy Is Shifting From Interview Preparation to Record-Building

If DHS moves forward with paper-record asylum rejections, late-filed cases will need stronger front-end evidence explaining changed circumstances, extraordinary circumstances, and any deadline exception. Applicants should not wait for the interview to tell the complete story if the agency may decide threshold issues before an interview is scheduled.

Rapid Policy Changes Make Backup Relief Planning Essential

ASAP's rolling update page continues to track asylum, work-permit, TPS, parole, SIJS, and green-card changes, underscoring how quickly rules are shifting across benefit categories. Clients should review every possible path, not just the case already pending, because a change in one program can affect timing, work authorization, detention risk, or travel strategy.

Supreme Court Immigration-Judge Ruling Remains the Week’s Key Court Watch

The Supreme Court’s recent reversal in litigation involving immigration judges remains the most important court development for removal-defense practitioners this weekend. The ruling does not decide an individual removal case, but it affects the institutional framework around the immigration courts that decide asylum, bond, cancellation, and deportation matters every day.

Haiti TPS Litigation Keeps Status-Planning Urgent for Families

Policy trackers continue to flag litigation and agency action affecting Haitian TPS holders, with advocates warning that any adverse ruling can quickly change work authorization and removal-risk calculations. Clients with TPS should use the uncertainty period to review whether they also qualify for family petitions, asylum, adjustment, cancellation, or other backup relief.

New Annual Asylum Fee Consequences Are Now in Effect

USCIS’ Form I-589 page now warns that, effective May 29, 2026, pending asylum applications can be rejected if the applicant does not pay the Annual Asylum Fee within 30 days after notice. The warning is especially important because rejection can also affect asylum-based work authorization and may expose applicants without other lawful status to removal proceedings.

USCIS Fee Schedule Now Lists H.R. 1 Fee Categories and Inflation-Adjusted Amounts

USCIS’ fee schedule page now includes H.R. 1-related categories, including asylum, parolee EAD, and replacement I-94/I-102 fee changes. Anyone filing after the May 29 implementation date should check the live fee schedule immediately before mailing or submitting a case, because USCIS can reject filings sent with the wrong fee.

Lebanon TPS Auto-Extension Remains Active Through November 27, 2026

DHS posted a Federal Register notice automatically extending Temporary Protected Status for Lebanon for six months, from May 28, 2026, through November 27, 2026. TPS holders and employers should preserve the Federal Register notice and USCIS guidance for I-9 reverification and work-authorization questions.

Federal Register Rule Is Now the Operative Baseline for H.R. 1 Immigration Fees

The April 29 interim final rule is now past its May 29 effective date, making it the baseline for several new filing-fee and annual-fee consequences. Practically, this means older fee checklists and template filing instructions are risky unless they have been updated for the H.R. 1 rule.

White House Immigration-Arrest Map Keeps Public Pressure on Local Enforcement

Project Saltbox continues to track the White House’s immigration-arrest map and its role in shaping public messaging around arrests and removals. For families, the key point is that high-visibility enforcement data can translate into more local fear, more employer questions, and faster need for emergency planning documents.

ICE Enforcement Messaging Highlights Continued Interior-Arrest Activity

ICE’s newsroom continues to emphasize interior enforcement operations, criminal-arrest priorities, and cooperation with other law-enforcement agencies. Noncitizens with old removal orders, criminal arrests, missed court, or pending supervision obligations should assume enforcement contact can happen quickly and should keep counsel contact information accessible.

Newark ICE Protest Reports Show Detention-Site Tensions Still Rising

Reports around protests near ICE operations in Newark show how fast local enforcement controversies can escalate into family, bond, and detention emergencies. When a loved one is detained, the first practical steps are locating the person, preserving A-number and court information, and checking whether bond or habeas strategy is available.

ASAP Warns Asylum Seekers About Fee Nonpayment and EAD Consequences

The Asylum Seeker Advocacy Project is warning that missing the new asylum-fee deadline can lead USCIS to reject an asylum case and cancel or reject asylum-based work authorization. The practical takeaway is simple: every asylum applicant needs a system for catching USCIS notices, tracking the 30-day payment window, and documenting payment.

Viral “Green Card Loophole” Claims Make Adjustment-of-Status Screening More Important

Social-media posts are circulating claims that adjustment of status from student, visitor, or work status has been “closed,” but the actual analysis still depends on the statute, category, inspection/admission history, status violations, bars, and discretionary risk. Clients should not rely on viral summaries; they should get a category-specific review before travel, filing, or abandoning a strategy.

Supreme Court Reverses Ruling in Immigration Judges’ Free-Speech Suit

The Supreme Court reversed a lower-court ruling in litigation brought by immigration judges over speech restrictions inside the administrative court system. The decision matters because immigration judges handle asylum, cancellation, detention, and removal cases, and the court’s view of their employment status can affect how much independence they can claim.

Supreme Court Watch Continues on Haiti TPS and Deportation Risk

Advocacy groups continue to track Supreme Court litigation that could affect Haitian TPS holders and families facing return to a country still dealing with severe instability and gang violence. For practitioners, the key point is timing: clients with TPS or related protection should not wait for a final ruling before reviewing alternative relief.

May 29 Rule Now Effective: USCIS Can Reject Pending I-589s for Unpaid Annual Asylum Fee

USCIS updated its Form I-589 page to confirm that, effective May 29, 2026, it will reject pending asylum applications when the applicant fails to pay the Annual Asylum Fee within 30 days of notification. USCIS says the fee is tied to the H.R. 1 fee framework, and rejection can also trigger denial of related asylum-based work authorization.

DHS Details Consequences for Unpaid Annual Asylum Fees

DHS says the interim final rule implements H.R. 1 immigration fees and creates consequences for failing to pay the Annual Asylum Fee after notice. The agency states that if an asylum application is rejected for nonpayment and the person lacks lawful status, DHS may initiate removal proceedings.

TPS for Lebanon Automatically Extended Through November 27, 2026

USCIS’ newsroom lists a May 28 Federal Register notice extending Temporary Protected Status for Lebanon for six months, through November 27, 2026. Employers and TPS holders should update I-9 planning and document tracking, especially where EAD auto-extension language applies.

USCIS Signature Rule Update Takes Effect July 10, 2026

Practitioners are flagging a USCIS signature-rule update scheduled to take effect July 10, 2026. Applicants should review signature, interpreter, and preparer blocks before filing, because signature defects can cause rejection or delays even when the substantive case is strong.

White House Launches Immigration Arrest Map With City-Level Data

The White House launched a new immigration-arrest map that displays enforcement data by city, including charges, countries of origin, and other labels. The page is politically charged, but the practical issue is real: public enforcement data is becoming easier to search, and families should assume local arrests may quickly become visible and politically amplified.

ICE Continues Public Push Around 287(g), VOICE, and “Worst of the Worst” Arrests

ICE’s public-facing site continues to highlight 287(g) state and local partnerships, the VOICE Office, and high-profile arrest summaries. The messaging reinforces an enforcement environment where county-level encounters, detainers, and criminal-history labels can move quickly into federal custody decisions.

DOJ Charges Newark Protester After Alleged Assault on ICE Officers at Delaney Hall

Federal officials announced charges tied to unrest outside Delaney Hall, alleging a protester kicked and bit ICE officers. The case signals that immigration-enforcement protests are drawing both civil-immigration consequences and federal criminal exposure, especially around detention-facility confrontations.

RFE Pattern: Map Each USCIS Concern to Proof, Page Cite, and Response Sentence

Practitioners are reporting that USCIS RFEs are more pointed and discretionary, especially in adjustment and humanitarian cases. A clean response should map each USCIS concern to the exact exhibit, page citation, and one answer sentence before counsel drafts the narrative.

Netherlands Moves to End Permanent Asylum Residence Permits Starting June 12

The Netherlands is moving toward ending permanent asylum residence permits, part of a broader European tightening trend. U.S. asylum applicants with third-country travel history should expect more questions about safe-third-country alternatives, relocation options, and why protection is unavailable elsewhere.

Federal Judge Rules Against Pinal County 287(g) Agreement with ICE

A federal judge has ruled against the 287(g) cooperation agreement between federal immigration authorities and the Pinal County (AZ) Attorney's Office. The contract is now inactive. Practitioners should track whether the ruling reshapes 287(g) practice statewide in Arizona and whether DOJ appeals to the 9th Circuit.

Mahmoud Khalil Wins Appeals Court Stay Against Deportation

Following his Supreme Court petition earlier this week, activist Mahmoud Khalil won an appeals-court stay against deportation. The stay is procedural — it preserves his physical presence in the U.S. while higher review proceeds — but it is a meaningful win against the Trump administration's enforcement timeline in high-profile First Amendment-adjacent removal cases.

Circuit Split Sharpens: Three Circuits Now Reject ICE Mandatory Detention Policy

With the 2nd, 6th, and 11th Circuits all rejecting ICE's mass-detention reading, and the 5th and 8th going the other way, a SCOTUS grant of certiorari is increasingly likely. The split affects how aggressively counsel should renew bond motions for clients held without a hearing — circuit-by-circuit, the answer is no longer the same.

PM-602-0199 May Affect EAD Validity If Underlying I-485 is Denied

One week into PM-602-0199, practitioners are flagging a downstream issue: although the new policy does not itself revoke approved EADs, if a pending I-485 is later denied under the discretionary framework, the EAD based on that I-485 is likely to be revoked at that time. Employers and workers should treat EAD-based authorization as conditional, not stable.

H-1B and L-1 Applicants: What to Submit to Demonstrate Positive Discretionary Factors

New practitioner guidance walks dual-intent applicants through the discretionary record they should build before filing I-485: employment history, tax compliance, civic ties, community involvement, and any equities tied to U.S. citizen family members. The discretionary frame applies even to dual-intent categories — the burden of proof now sits with the applicant.

New Guide: Alien Registration in 2026 — Who Must Register Under INA § 262

Our new article covers the revived enforcement of the alien-registration duty under INA § 262, what to file (G-325R), what to carry (INA § 264(e)), and AR-11 timing under INA § 265. The 2026 enforcement push has changed what was previously a low-risk omission into a real exposure. Read the full guide.

DHS May Pull Newark Airport Resources to Protect Delaney Hall ICE Facility

DHS Secretary Mullin said this week the agency may shift personnel from Newark Liberty International Airport to protect officials at the Delaney Hall ICE detention facility as protests escalate. The operational shift could affect international flight processing for travelers transiting Newark — a meaningful consideration for clients with international travel plans this summer.

DHS Public Messaging: "The Clock Is Ticking — Illegal Aliens Leave Now"

DHS escalated its public-facing enforcement messaging this week, telling undocumented noncitizens to leave the U.S. or face the full force of the justice system. The framing is paired with rising street-arrest numbers and the new alien-registration enforcement push. Clients should treat any unscheduled DHS contact as a potential pickup risk.

UCLA Brief: ICE Arrests Up 200%, Share Classified as "Worst of the Worst" Fell from 28% to 12%

A UCLA Luskin policy brief found ICE arrests rose roughly 200% under Trump while the share characterized by DHS as priority "worst of the worst" cases dropped from 28% to 12%. The shift means a much larger portion of current ICE activity is targeting noncitizens without serious criminal history, and counsel should advise accordingly.

UPenn ISSS Update: Practical Guidance for International Students Under PM-602-0199

UPenn's international student office issued updated guidance on PM-602-0199 for F-1, J-1, and OPT/STEM-OPT students considering adjustment of status. Single-intent students face the steepest discretionary risk; counsel should be involved before any change-of-status filing or international travel.

House Democrats Slam GOP Push for Additional $70B for ICE

House Democrats are pushing back on a GOP proposal to allocate an additional $70 billion to ICE on top of last year's $140 billion. The funding fight will shape the next 12-18 months of enforcement capacity — and counsel should track it as a structural variable in case strategy.

11th Circuit Rejects ICE's Broad Mandatory Detention Policy

A divided three-judge panel of the 11th Circuit held that ICE's attempt to deny bond to the vast majority of removal respondents violates decades-old immigration law intended to require detention only of recent border crossers. With most circuit courts now having ruled, a Supreme Court intervention looks increasingly likely. Practitioners in Alabama, Florida, and Georgia should immediately renew bond motions for clients held under ICE's mandatory-detention reading.

BIA: DACA Status No Longer an Automatic Block to Removal

The Board of Immigration Appeals has ruled that DACA status is no longer an automatic blockade against removal, dramatically changing the legal posture for hundreds of thousands of Dreamers. Counsel must now affirmatively plead and prove DACA-based relief or alternate relief during removal proceedings rather than relying on DACA status to halt the case.

Supreme Court Weighing Trump TPS Termination — Ruling Expected Late June or Early July

SCOTUS is preparing to rule on the Trump administration's authority to revoke Temporary Protected Status protections. The decision will likely affect more than one million people from multiple TPS-designated countries. Watch the docket: any TPS-dependent client should have a backup relief plan documented now.

Industry Analysis: PM-602-0199 Reframes I-485 as Discretionary, Not Default

One week into USCIS's May 21 announcement, immigration practitioners are aligning on the practical impact: adjustment of status is now formally "a matter of discretion and administrative grace," not a default path. Family-based applicants should expect tighter scrutiny on prior immigration history, single-intent entry patterns, and unlawful presence. Read our full explainer of PM-602-0199.

39-Country Adjudication Pause Now Affecting Cases Across All Form Types

USCIS's hold on adjudications for nationals of 39 travel-ban / restricted countries is now visibly slowing N-400, I-485, I-130, and I-589 timelines. Practitioners report cases going silent in the system after fingerprints — no RFE, no interview, no denial. Affected clients should keep biometrics current and avoid international travel where possible.

June 2026 Visa Bulletin Now Live — DV-2026 Cutoffs Updated for All Regions

The Department of State's June Visa Bulletin sets the DV-2026 chargeability cutoffs and updates final-action dates across employment- and family-based preference categories. Combined with PM-602-0199, the Bulletin is the gating document for any I-485 or consular case. Check your priority date against the current chart before any major filing decision.

New Guide: Change of Venue in Immigration Court — Don't Lose Your Hearing After You Move

Our new explainer walks through 8 C.F.R. § 1003.20, Matter of Rahman's seven good-cause factors, the detention-transfer scenario, the pleading-concession trade-off, and how to avoid an in absentia removal order under INA § 240(b)(5). If you are in removal proceedings and about to move, file before you pack. Read the full guide.

Immigration Courts Using "Mass Master Calendar" Settings to Accelerate Removal Orders

KPBS reports immigration courts are scheduling unusually large group master calendar hearings, where respondents who arrive late or do not appear are receiving in absentia removal orders en masse. AILA practicing policy counsel warns the format compresses already-limited due process. Respondents must arrive early, confirm hearing location and date, and bring all attorney-of-record paperwork to the courthouse.

Rubio: U.S. Now Has Deportation Deals With 20 Countries

Secretary of State Marco Rubio confirmed this week that the U.S. has signed deportation/return agreements with 20 nations, including arrangements to accept removed migrants who cannot be returned to their country of origin. The framework expands DHS's ability to execute removal orders against third-country nationals — a meaningful change for clients from countries that historically refused to accept returns.

ICE Interior Deportations Reportedly Up Fivefold; Street Arrests Up Elevenfold

Immigration scholar Austin Kocher cites ICE data showing interior deportations have increased roughly fivefold and street arrests roughly elevenfold during the first year of the Trump second term. The shift is structural — not surge-driven — and counsel should treat any client without status as actively at risk of pickup regardless of state of residence or prior community ties.

Mahmoud Khalil Petitions Supreme Court After Federal Appeals Loss

Activist Mahmoud Khalil's attorneys are filing a Supreme Court petition after the federal appeals court upheld a ruling clearing the way for his detention and deportation. The case is being watched as a test of the limits of administrative finality in high-profile First Amendment-adjacent removal proceedings — and as a potential vehicle for the Court to clarify the scope of executive deportation authority.

Quarles Law: Top 5 Things to Know About PM-602-0199

Quarles's analysis distills the new USCIS adjustment-of-status memo into actionable guidance: the discretionary frame applies to all I-485s but is most restrictive against single-intent visa holders. Dual-intent categories (H-1B, L-1, H-4, L-2) remain meaningfully insulated. Employers and counsel should audit pending I-485 files before any travel or status change.

Mahmoud Khalil Files Supreme Court Petition After Federal Appeals Loss

Activist Mahmoud Khalil is reportedly taking his deportation fight to the U.S. Supreme Court after immigration-court and federal-appeals defeats. The petition is being watched as a potential vehicle for clarifying the scope of administrative finality in high-profile First Amendment-adjacent removal cases.

EOIR Reports Immigration-Court Backlog Has Dropped From 4M to Under 3.53M Cases

Practitioners are seeing the impact: faster master-calendar settings, tighter merits-hearing windows, and aggressive consolidation of related family cases. EOIR is also reportedly onboarding its largest-ever class of immigration judges to accelerate removal-case adjudication.

USCIS Clarifies: Dual-Intent H-1B and L-1 Holders May Still Pursue Adjustment Inside U.S.

Following last week's PM-602-0199 announcement, USCIS issued clarification this week confirming that dual-intent categories (H-1B, L-1, H-4, L-2) are not categorically required to consular process. The agency reminded officers that "applying for adjustment of status is not inconsistent with simultaneously maintaining nonimmigrant status in a category with dual intent." Burden of proof on discretionary factors still rests with the applicant.

H-2B Returning-Worker Cap for Second Allocation Reached

USCIS announced it received enough petitions to reach the cap for the additional 27,736 H-2B visas made available for the second allocation of returning workers in FY 2026. Employers relying on seasonal labor should plan for the remainder of FY 2026 without further H-2B availability.

Modern Law Group Publishes In-Depth N-600 vs. N-400 Citizenship Guide

Our newest blog walks through derivative citizenship under INA § 320, acquired citizenship under INA § 301 and § 309, and the most common misfile in citizenship practice. Many people who are already U.S. citizens still file N-400 by mistake — the right form is often N-600. Read the full guide.

DHS Clashes With Protesters at Newark Delaney Hall ICE Standoff

Federal agents and anti-ICE protesters clashed at the entrance to Delaney Hall in Newark this week as tensions over the facility's role in ongoing deportation operations escalated. Pepper-spray deployment and arrests were reported. Detained clients with hearings or visits scheduled there should plan for delays and confirm appointment status with counsel.

USCIS Accounts and Court Notices Reportedly Arriving With Very Short Lead Times

Practitioners are warning that USCIS and immigration-court notices are arriving with shrinking lead times. Clients should check USCIS online accounts daily, monitor their physical mail, and confirm any address change on Form AR-11 within 10 days of moving. Missed notices remain a leading cause of in absentia removal orders.

Stateline: More Migrants Choosing Voluntary Departure in Immigration Court

A Stateline analysis finds more respondents are accepting voluntary departure in lieu of continuing to fight removal. The trend tracks with longer detention periods, tighter discretion under PM-602-0199, and increased pressure on contested merits hearings. Voluntary departure remains a tool — not a default — and counsel should weigh long-term reentry impact before recommending it.

June 2026 Visa Bulletin Highlights: I-485 Approvals Hinge on Visa-Number Availability

The June 2026 Visa Bulletin is now driving I-485 strategy across employment- and family-based categories. Steven Brown notes that even when USCIS is otherwise ready to approve a case, the Department of State must have a visa number available — a friction point that PM-602-0199's discretionary framing now compounds.

Forbes: H-1B Reform Bills Still Pending — $200K Wage Floor and 3-Year Freeze Proposed

Forbes analysis flags Rep. Eli Crane's proposed three-year freeze on new cap-subject H-1B petitions and a $200,000 minimum wage floor. Neither has passed as of late May 2026, but employers and counsel should track both as they shape downstream H-1B strategy for FY 2027 lottery planning.

Sixth Circuit Ruling Continues to Reshape Detention Practice in 6th-Circuit States

The recent Sixth Circuit decision preserving individualized bond hearings for many long-term residents is reshaping how ICE handles detained noncitizens in Michigan, Ohio, Tennessee, and Kentucky. Practitioners are using the ruling to file fresh bond motions for clients previously held under the agency's mandatory-detention reading.

NY Order Limiting ICE Courthouse Arrests Still Shaping Master-Calendar Attendance

The Manhattan federal order restricting many ICE arrests inside New York immigration courthouses remains in force, and practitioners are urging clients to keep attending master-calendar hearings. The order is being cited in other circuits as a template for protecting courthouse access while removal cases move forward.

USCIS PM-602-0199 Sparks Industry-Wide I-485 Strategy Recalibration

USCIS's May 22 announcement that adjustment of status is reserved for "extraordinary circumstances" is now driving practitioner workflows. Firms are auditing pending I-485 files for fraud history, single-intent entry patterns, and unlawful-presence exposure before any consular-processing decision. Read our full explainer of PM-602-0199.

Three Days Out: Annual Asylum Fee Enforcement Begins May 29

USCIS confirms the interim final rule implementing the annual asylum fee is effective May 29, 2026. After that date, USCIS will reject pending Form I-589 applications for applicants who have not paid, and will issue notices with a new 30-day payment window before further action.

Practitioner Roundup: Consular Processing as the New Default Green-Card Path

Practitioner publications note that USCIS is steering many applicants toward Department of State immigrant-visa processing abroad rather than adjustment in the U.S. Decision logic now depends heavily on unlawful-presence math, I-601A waiver feasibility, and family-separation cost.

NJ Governor Reportedly Denied Entry to Delaney Hall Immigration Center

Reports indicate New Jersey Gov. Mikie Sherrill was refused entry to the Delaney Hall immigration facility after calling for it to be closed. The incident underscores the difficulty oversight officials are having in accessing detention sites, and is being watched by counsel advising detained clients.

ICE Activity Around the Newark Federal Facility Continues

Reporting around the Newark federal immigration facility describes protests and ICE responses near the facility entrance. Counsel should expect access disruptions and confirm in-person appointment instructions before sending clients or family members to the building.

ICE HSI Continues LPR-Targeted Arrests Under Foreign-Policy Theory

ICE's May 22 HSI arrest of a lawful permanent resident under a foreign-policy theory continues to circulate as an example that LPR status is not protection. Practitioners are renewing client advisories that long-time green-card holders can be targeted based on family or business connections abroad.

Modern Law Group: I-485 Discretionary Framework Explained

Our explainer of PM-602-0199 walks through what changed, what did not, who is most exposed (single-intent overstays, 90-day-rule risk), who is more protected (H-1B, L-1, H-4, L-2 dual intent), and the six discretionary factors USCIS officers will now weigh on I-485 cases.

Analysis: Asylum Fee Compliance Is Now a Calendar-Control Issue

ASAP's breakdown of the May 29 enforcement date reminds applicants that USCIS will send post-deadline notices with a fresh 30-day payment window. The practical advice: keep receipt numbers, A-numbers, and proof of timely payment in one folder for any pending I-589.

Analysis: Bond Eligibility Still Turns Heavily on Detention Venue

NILC's update emphasizes that bond and habeas remedies depend on which federal circuit the detained person sits in. Families should treat any ICE transfer as a potential legal-strategy event, not a routine logistical move.

Sixth Circuit Keeps Bond-Hearing Rights Alive for Long-Term Detainees

The Sixth Circuit rejected the government's attempt to treat many long-term residents as categorically barred from immigration bond hearings. The ruling is especially important for detained people in Michigan, Ohio, Tennessee, and Kentucky because it preserves individualized review while removal cases proceed.

NY Federal Order Limits ICE Arrests at Immigration Courthouses

A federal judge in Manhattan restricted many ICE arrests inside New York immigration courthouses, with exceptions for public-safety and national-security concerns. The order matters because courthouse arrests can discourage people from attending required hearings and can disrupt access to counsel.

USCIS Says Adjustment of Status Should Be Limited to Extraordinary Circumstances

USCIS's May 22 announcement says many applicants seeking permanent residence should use consular processing through the Department of State rather than adjustment inside the United States. The memo frames adjustment of status as discretionary relief, which may change how officers review family-based and employment-based I-485 cases.

Asylum Applicants Face May 29 Annual Fee Deadline

USCIS is moving toward enforcement of the new $102 annual asylum fee for many pending I-589 applicants. Applicants should treat the deadline like a case deadline, keep proof of payment, and confirm that payment is tied to the correct A-number and receipt number.

USCIS Ends Remote Attorney Participation in Many Asylum Interviews

USCIS now says attorneys and accredited representatives may no longer participate remotely in affirmative asylum, field-office, NACARA, and related interviews effective May 18, 2026. Applicants with upcoming interviews should confirm whether counsel can attend in person before the interview date.

ICE HSI Arrests Cuban Official's Sister as Foreign-Policy Enforcement Continues

ICE reported that Homeland Security Investigations arrested Adys Lastres Morera on May 22, describing her as a deportable lawful permanent resident whose presence undermines U.S. foreign-policy interests. The case shows the current enforcement environment is not limited to border cases or recent entrants.

USCIS Emphasizes Its Role in Criminal and Security Referrals

USCIS's recent newsroom entries highlight agency participation in arrests, denaturalization filings, immigration-fraud prosecutions, and visa-fraud investigations. That pattern signals a benefits-agency posture where filings can trigger broader fraud, security, or criminal referrals.

ICE Newsroom Shows Continued Focus on Detainers and Criminal Custody Transfers

ICE's latest releases continue to emphasize arrests after local custody, immigration detainers, and transfers involving people accused or convicted of crimes. Families should assume that even short criminal-court contact can create immigration consequences if ICE places a detainer or takes custody at release.

Analysis: Adjustment Memo Could Shift Green Card Strategy Toward Consular Processing

Practitioner analysis of the USCIS memo warns that applicants may face a more discretionary I-485 environment, with consular processing pushed as the default route in many cases. The practical risk is that leaving the United States can expose applicants to unlawful-presence bars, waiver issues, and family separation.

Analysis: Asylum Fee Compliance Is Now a Calendar-Control Issue

The annual asylum fee is not just an accounting item. It can affect the case itself and may create work-authorization problems, so applicants should keep screenshots, receipts, and portal confirmations showing timely payment.

Analysis: Detention Venue Still Shapes Bond and Habeas Strategy

Because federal circuits are taking different approaches to mandatory detention and bond eligibility, location can change the available remedies. Detained immigrants and family members should move quickly before transfer, because a change in facility can change the court that hears an emergency habeas petition.

Appeals Court Upholds Bond-Hearing Rights for Detained Immigrants

The Sixth Circuit rejected the government's position that long-term residents could be placed in mandatory detention without bond hearings. The ruling, highlighted by the ACLU, preserves access to individualized custody review for many detained noncitizens in Michigan, Ohio, Tennessee, and Kentucky while their immigration cases continue.

Federal Judge Blocks Most ICE Arrests Inside NYC Immigration Courts

A Manhattan federal judge barred ICE from targeting most immigrants for arrest inside immigration courts at 26 Federal Plaza, 201 Varick Street, and 290 Broadway, except for public-safety or national-security circumstances. The stay matters because courthouse arrests can chill attendance at routine master-calendar hearings and undermine access to counsel.

USCIS Says Many Green Card Applicants Should Use Consular Processing

USCIS announced a May 22 policy memo stating that, under its view of long-standing law, many applicants seeking permanent residence should pursue immigrant visa processing through the Department of State abroad rather than adjustment of status in the United States. The change frames adjustment as relief that officers should review case by case, not as the default path for every eligible applicant.

Asylum Applicants Face May 29 Deadline for New Annual Fee

USCIS has set a May 29, 2026 deadline for most pending asylum applicants to pay the new $102 annual asylum fee. Reporting from American Community Media notes that nonpayment can lead to rejection of the asylum case and disruption of work authorization, so applicants should confirm payment through the USCIS portal or with counsel.

USCIS Ends Remote Attorney Participation in Asylum Interviews

USCIS now says attorneys and accredited representatives may no longer participate remotely in affirmative asylum, field-office, NACARA, and related interviews effective May 18, 2026. Applicants should confirm whether their attorney can attend in person and should not assume a previously planned remote appearance will be honored.

USCIS Highlights Role in Arrest of Alleged MS-13 Member

USCIS reported that it played a role in the arrest of Jose Calles Henriquez, described by the agency as an undocumented Salvadoran national and self-confessed MS-13 member. The announcement signals continued emphasis on cross-agency vetting and enforcement support from benefits agencies, not just ICE and CBP.

ICE Dashboards Track Arrests, Detention, Removals, and ATD

ICE's Enforcement and Removal Operations statistics page describes quarterly dashboards for arrests, detention, removals, and alternatives to detention. The data is a useful baseline for spotting whether local enforcement patterns are accelerating and whether detention capacity is affecting release or transfer decisions.

Analysis: Consular-Processing Push Could Reshape Family and Employment Green Card Strategy

CitizenPath's weekly roundup frames the USCIS adjustment memo as a major practical shift for applicants who hoped to finish green card processing inside the United States. Leaving for consular processing can create travel costs, family separation, inadmissibility issues, and waiver questions, so applicants should review risks before departing.

Analysis: Asylum Fee Notices Need Immediate Calendar Control

The annual asylum fee is not just a billing issue; it can affect the case itself and pending or existing work authorization. Families with older I-589 filings should treat fee notices like court deadlines, keep proof of payment, and verify the correct A-number and receipt number before submitting payment.

Federal Court Warns Against Expedited Removal Surge in Asylum Cases

A federal district court has flagged that ICE is directing immigration judges to dismiss asylum cases pending before them to reroute noncitizens into expedited removal — a faster process with minimal due process protections. The court cautioned that this practice creates a pipeline effect where cases with viable claims are terminated without judicial review. The pattern is most prevalent in cases where ICE raises enforcement priorities at the master calendar hearing.

Ninth Circuit Clarifies Withholding Standard for Country-Condition-Based CAT Claims

The Ninth Circuit has issued guidance reinforcing that noncitizens denied asylum under the Safe Third Country Agreement can still pursue withholding of removal under INA § 241(b)(3)(A) if they demonstrate a 75% likelihood of torture in their home country. The court clarified that the standard is preponderance of the evidence, not clear and convincing, distinguishing withholding from asylum. The ruling applies to all Safe Third Country transit cases in the Ninth Circuit.

Judge Issues Stay Barring ICE Transfer of Detained Client to 5th Circuit

A federal judge in the Third Circuit has granted an emergency stay preventing ICE from transferring a detained immigrant to the Fifth Circuit, finding that such a transfer would "circumvent" the Third Circuit's established bond-hearing rights. The court held that venue lock-in is appropriate to preserve judicial review once a habeas petition is filed. The pattern of ICE transfers to unfavorable circuits is now explicitly flagged as improper.

FINAL DEADLINE: Asylum Fee Enforcement Begins May 29 — 7 Days Away

The DHS interim final rule implementing H.R. 1 / OBBBA asylum fees is now 7 days from enforcement. The $102 annual asylum fee on cases pending more than one year applies retroactively to all pending I-589 applications. Nonpayment triggers automatic delays on EAD renewals and may result in case denials. All pending applicants should confirm fee posting with counsel immediately — payment must clear before May 29.

USCIS: No Remote Attorney Participation in Asylum Interviews (Effective May 18)

USCIS has announced that effective May 18, 2026, attorneys and accredited representatives can no longer participate remotely in asylum interviews at field offices, NACARA interviews, or Nicaraguan Adjustment interviews. All representation must now be in-person. Clients scheduled for interviews within the next 30 days should confirm attorney availability and make travel arrangements.

IRS-DHS Data Share Now Live: 1.28 Million Employer Tax Records in ICE Pipeline

The IRS-DHS data-sharing agreement (effective April 2026) is now fully operational. ICE has access to tax records on 1.28 million employers identified as having mismatches between I-9 employment records and tax filings. The new pipeline is driving a significant increase in worksite-enforcement targeting. Employers should conduct internal I-9 audits and workers should consult counsel on rights during audits or raids.

DHS Deportation Aircraft Fleet on Track for Summer Deployment

DHS continues finalizing its dedicated deportation aircraft fleet, projected to be operational by summer 2026. The exclusive fleet will reduce reliance on commercial charter flights and accelerate third-country removals. Counsel should anticipate same-day or next-day removal notices for clients with final orders, particularly those destined for Rwanda, Eswatini, South Sudan, or Guatemala.

ICE Continues Distributed Deployment Across 40+ States — Quietly Scaling

ICE operations have now been established in 40 states plus Puerto Rico in coworking-style offices, including small communities like Derby, Vermont and Caribou, Maine. The distributed model is intentionally quieter than urban sweeps but maintains the same detention and removal pace. Counsel should assume ICE presence is available in nearly all jurisdictions.

ICE Detention Capacity Reaches 65,000+ — 2026 Peak Nearing

DHS reports ICE detention capacity has climbed to over 65,000 people, approaching the authorized limit. With the distributed deployment model now active and the deportation aircraft fleet nearing operational status, detention processing is accelerating. Bond hearings are taking longer to schedule, and release decisions are becoming more restrictive.

SCOTUS Blog: 4-2 Circuit Split on Mandatory Detention Will Force Supreme Court Review

Legal analysts note that the now-established 4-2 circuit split on mandatory detention (3rd, 6th, 9th circuits reject; 5th, 8th uphold) makes Supreme Court review nearly certain by Term 2026. The Court will likely set a briefing schedule by June. Until then, habeas petitions in favorable circuits remain the primary procedural path for detained clients.

Modern Law Group: Surviving Safe Third Country Agreements Through Withholding and CAT

Our updated analysis explains that Safe Third Country Agreements bar asylum under INA § 208(a)(2)(A) but do NOT bar withholding of removal under INA § 241(b)(3) or Convention Against Torture protection. Noncitizens denied asylum after STCA transit can still pursue withholding-only proceedings if they meet the torture standard. The guide includes a credible-fear interview checklist and burden-of-proof distinctions.

Counsel Alert: Asylum Fee Compliance and EAD Renewal Timing

With the May 29 enforcement deadline 7 days away, counsel are flagging critical timing issues: (1) fees must be posted by May 29, not received by mail on May 29; (2) nonpayment automatically triggers EAD renewal denials; (3) the $102 fee applies retroactively to all I-589s pending more than one year, even if filed before May 29. Clients should remit payment electronically with expedited confirmation.

POLITICO: Federal Judges Ruled Against ICE Detention in ~90% of Cases

POLITICO published an analysis showing federal judges have ruled against ICE detention practices in roughly 90% of the more than 10,000 cases since the agency's July 2025 memo expanded mandatory detention. Over 300 district judges have ordered bond hearings or releases in more than 1,600 cases on due process grounds. The cumulative pattern is the strongest signal yet that the Supreme Court will need to weigh in.

Second Circuit Joins Bond-Hearing Coalition; Circuit Split Widens to 4-2

The Second Circuit's recent ruling binding NY/CT/VT restored bond hearing rights for noncitizens detained under the July 2025 ICE reclassification memo. Combined with the 3rd, 6th, and 9th, four federal appeals circuits have now rejected the mandatory-detention policy. The 5th and 8th uphold it. The 4-2 split makes Supreme Court review nearly certain in OT2026.

Counsel Warning: ICE Transferring Detainees Out of Favorable Circuits

Practitioners are flagging an emerging ICE response pattern: when a favorable bond-hearing ruling lands in one circuit, ICE transfers detained immigrants out of that jurisdiction into Texas or Louisiana (5th Circuit) where mandatory-detention rulings still hold. Counsel are filing protective transfer motions and emergency stay requests to lock venue early.

DHS Asylum Fee Rule: 9 Days Until Enforcement (May 29)

The DHS interim final rule codifying H.R. 1 / OBBBA asylum fees takes effect May 29, 2026 — 9 days from today. Beyond the annual $102 fee on cases pending more than one year, the rule also affects USCIS handling of Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document) which USCIS will reject without the proper fee if postmarked May 29 or later. Pending applicants should verify fee posting this week.

USCIS-DOJ Joint Denaturalization Filings Against 12 Individuals

USCIS announced a joint denaturalization action with DOJ targeting 12 individuals across federal district courts. Stated grounds include material support to terrorist groups, war crimes, and sexual abuse of a minor. The filings continue the 2026 expansion of civil denaturalization under INA § 340(a); the program had been narrowly used pre-2025 and is now an active enforcement tool.

H-2B Returning Worker Cap Reached for FY2026 Second Allocation

USCIS announced the cap has been reached for the second allocation of returning-worker H-2B visas for FY2026. Employers seeking seasonal workers for late-summer hiring should pivot to alternate categories (H-2A for agriculture, J-1 for short-term work-travel, or wait for FY2027 allocation announcements). Document worker status carefully — H-2B beneficiaries unable to extend should not overstay.

ICE Agent Arrested in Minneapolis — Charged with January Shooting of Venezuelan Man

An ICE agent in Minneapolis was arrested and criminally charged in connection with the January 2026 shooting of a Venezuelan man during a deportation operation. Surveillance footage contradicted the agent's initial account that the victim posed a serious threat. The charges open the door to civil-rights discovery in pending cases involving the same regional ICE unit and signal increasing prosecutorial willingness to charge enforcement officers.

ICE Courthouse Arrests Halted at Three Manhattan Immigration Courts

Judge Castel's May 18 ruling bars ICE from making most arrests at 26 Federal Plaza, 201 Varick Street, and 290 Broadway except in "exceptional circumstances." The injunction does not apply nationwide but provides immediate relief for the highest-volume immigration docket in the country and persuasive authority for pending challenges in Boston, Chicago, and other federal-courthouse-arrest cases.

DHS Dedicated Deportation Aircraft Fleet Targeted for Summer Operational

DHS continues building a dedicated removal-flight fleet projected to be operational by summer 2026. Once active, the fleet reduces reliance on chartered ICE Air operations and accelerates third-country removals. Counsel anticipating same-day removals should pre-position habeas petitions and fear-based screening requests for clients with final removal orders.

MLG Analysis: Credible Fear Interviews in the 2026 Enforcement Environment

Our practice note published yesterday explains the new CFI landscape: expanded expedited removal, ACA-based asylum bars, compressed prep time (24-48 hours from apprehension to interview), and the 7-day window to request IJ review under 8 CFR § 1003.42. Includes the structural arc of the interview, what officers fingerprint as credibility-defective, and the specific words to use at CBP intake to trigger the CFI referral.

USCIS Data: India = 71% of H-1B Usage; China = 12%

USCIS data shows India accounts for ~71% of all H-1B visa usage in FY2026 with China at ~12%; all other countries trail far behind. The concentration is the data driver behind India's recent diplomatic pressure on the U.S. to expedite delayed H-1B adjudications. For employers, the practical takeaway is that consular delays at Mumbai/Chennai/Hyderabad are the primary processing bottleneck in 2026, not USCIS receipt processing.

S.D.N.Y. Bars Most ICE Arrests at Manhattan Immigration Courts

On May 18, 2026, U.S. District Judge Kevin Castel issued a 15-page decision reversing his 2025 denial and largely barring federal agents from making arrests at three Manhattan immigration courthouses — 26 Federal Plaza, 201 Varick Street, and 290 Broadway — absent "exceptional circumstances." The ruling halts what had become the centerpiece of the Trump administration's mass-arrest strategy in New York. The decision does not apply nationwide, but it provides persuasive authority for pending challenges in other circuits.

Castel: Broad Courthouse Arrests "Kneecap" Immigration Courts as Forums

Judge Castel's opinion warned that allowing routine ICE arrests at immigration courthouses would chill participation in proceedings, leaving "millions" potentially swept up before they have a chance to present claims. The court found the government's blanket policy lacked individualized determination and violated procedural due process. ICE arrests at the three courts are now limited to cases with prior judicial review or genuinely exigent circumstances.

Sixth Circuit Joins 3rd and 9th: Mandatory Detention Without Bond Unconstitutional

The U.S. Court of Appeals for the Sixth Circuit's recent decision means three of eleven federal appellate circuits have now ruled that ICE detention of immigrants without bond hearings violates due process. The split makes Supreme Court review nearly inevitable. Until SCOTUS speaks, a 28 U.S.C. § 2241 habeas petition is a viable pathway in the 3rd/6th/9th and persuasive elsewhere.

DHS Asylum Fee IFR: 10 Days Until Enforcement

The DHS interim final rule codifying H.R. 1 / OBBBA asylum fees takes effect May 29, 2026 — 10 days from today. The annual $102 asylum fee on cases pending more than one year applies retroactively to all open I-589s. EAD renewal applications are most affected by nonpayment consequences. Pending applicants should confirm fee posting and budget timing with counsel this week.

DOL PERM Approval Rate Hits 91.9% in FY2026 Q2

DOL data shows PERM labor certification approvals running at 91.9% (60,096 certifications, only 3.2% denials) in fiscal Q2 2026. Critics argue the program has become near-automatic; supporters note PERM scrutiny is front-loaded in the recruitment phase. Either way, the data is useful for employer-side I-140 case planning where labor certification is the bottleneck.

MLG Analysis: 2026 ICE Workplace Raids and the IRS Data-Sharing Pipeline

The new IRS-DHS data-sharing agreement (effective April 2026) gives ICE access to 1.28 million employer tax records, dramatically expanding the worksite-enforcement targeting universe. Our practice note explains the legal distinction between I-9 audits and physical raids, the Fifth and Fourth Amendment rights workers can assert, what employers can refuse, and the 24-hour response checklist.

DHS Building Dedicated Deportation Aircraft Fleet — Operational by Summer

DHS is moving to complete a dedicated deportation aircraft fleet, potentially operational by summer 2026. The exclusive fleet would reduce reliance on chartered or commercial flights, but raises operational-cost questions and procedural concerns about transparency of removal logistics, particularly for third-country removals.

ICE Agent Charged with Assault During Deportation Sweep

An ICE agent has been criminally charged with assault during a deportation operation. Analysts note the charges create legal exposure that may slow enforcement operations for months pending internal review and prosecution timeline. Pattern is significant: misconduct cases are increasingly producing discovery useful in pending civil-rights litigation against ICE.

Afghan SIV Holders Stranded in Pakistan Despite Full Approval

Afghan Special Immigrant Visa (SIV) holders with completed medical, security, and consular processing report being stranded in Pakistan amid a deportation crackdown by Pakistani authorities. Advocacy organizations are pressing State to expedite onward travel and provide diplomatic protection. SIV cases that stalled after January 2025 are now being raised collectively in federal mandamus litigation.

India Pressing U.S. to Address H-1B Visa Delays

India is formally urging the U.S. to address H-1B visa processing delays, framing the issue as Indian nationals being "stranded" in their home country awaiting consular adjudication. The diplomatic pressure intersects with domestic U.S. debate on the H-1B program. For employer-side counsel and beneficiaries, the practical takeaway is that consular delays are not improving in 2026 and premium processing remains the only meaningful lever.

Stateline: SCOTUS Likely to Take Indefinite Detention Case

Stateline reports that with at least three federal appeals circuits (3rd, 6th, 9th) now rejecting mandatory detention without bond hearings, Supreme Court review is "likely." A grant could come as early as next term. Until then, habeas pathways in those circuits remain the most effective tool for clients held under § 1226(c) and § 1225(b)(1) without bond.

Sixth Circuit Upholds Bond Hearing Right for Detained Immigrants

The U.S. Court of Appeals for the Sixth Circuit issued a decision on May 12, 2026 (publicly highlighted by ACLU on May 12) holding that ICE is illegally detaining immigrants without access to bond hearings. The ruling joins the Third and Ninth Circuits in rejecting the Trump administration's mandatory detention push — three of the eleven federal appellate circuits have now broken in this direction, setting up a near-certain Supreme Court grant.

D. Oregon Judges Releasing ICE Detainees on Habeas — Critical of Officer Conduct

Federal judges in the District of Oregon are releasing migrants detained by ICE in Eugene through 28 U.S.C. § 2241 habeas petitions and openly criticizing the conduct of specific ICE officers from the bench. The pattern echoes the D.N.J. line of habeas wins (Suazo Rivera, Fajardo-Nugra, May 12 order) and signals a broader judicial pushback on parolee detention.

Stateline: Indefinite Detention Issue Headed for Supreme Court

Stateline reports the split among federal appeals courts on mandatory detention — with at least three circuits (Third, Ninth, Sixth) now rejecting the policy — has made Supreme Court review nearly inevitable. Until then, immigrants detained under § 1226(c) and § 1225(b)(1) without bond hearings have a viable habeas pathway in those jurisdictions and a persuasive-authority argument elsewhere.

DHS Asylum Fee IFR Takes Effect May 29 — 11 Days Out

The DHS interim final rule codifying the H.R. 1 / OBBBA asylum fees becomes enforceable in 11 days. The annual $102 fee on cases pending more than a year applies retroactively to all open I-589s. Pending applicants who have not budgeted for the fee should consult counsel about timing of EAD renewal applications, which are most affected by nonpayment consequences.

Modern Law Group Analysis: 2026 Safe Third Country Framework

EO 14165 § 8 has produced a wave of Safe Third Country Agreements and third-country removal arrangements in 2026 — Canada (entire land border under the Additional Protocol), Guatemala, Honduras, El Salvador, and newer cooperation deals with Costa Rica, Panama, Paraguay, Ecuador, Rwanda, Eswatini, and South Sudan. The STCA framework bars asylum under INA § 208(a)(2)(A) but does not bar withholding under INA § 241(b)(3) or CAT protection. Our practice note explains the exceptions, withholding-only proceedings, and what to bring to the credible-fear interview.

ICE Denver Arrests Venezuelan National with Final Removal Order

ICE Denver arrested Jorge Valenzuela-Gonzalez, a Venezuelan national with a final removal order and prior arrests for kidnapping, sexual assault, and assault by strangulation. The case illustrates the prioritization pattern in 2026 enforcement: nationals from countries with which the U.S. has limited removal cooperation (Venezuela, Cuba, Nicaragua) are being routed through third-country removal arrangements when home-country removal stalls.

Iowa: Felony Plea on Firearm + False I-9 Claim — Sentencing May 29

Ian Roberts, an Iowa resident charged as an undocumented immigrant, pleaded guilty to two federal felonies: unlawful firearm possession and a false I-9 claim of U.S. citizenship. Sentencing is scheduled May 29. The existing 2024 administrative removal order was reconfirmed in the plea agreement. The plea is a reminder that I-9 false statements are a frequent collateral exposure for undocumented workers, separate from the underlying removal proceedings.

House Democrats Demand FAA Records on Deportation Flight Tracking

House Democrats are formally demanding answers from the FAA over allegations that the Trump administration used FAA systems to conceal deportation flight tracking from the public and Congress. Concerns include unsafe in-flight conditions during third-country removals. The records request may produce discovery useful in pending habeas cases involving CECOT and South Sudan removals.

POLITICO: Trump-Appointed Judges Releasing ICE Detainees on Constitutional Grounds

POLITICO documents that judges appointed by President Trump are among those releasing ICE detainees, finding their detentions violate constitutional limits. The judicial pattern is now bipartisan-appointed, which makes the rulings harder to dismiss as ideological and increases pressure on the Supreme Court to grant cert on a clean vehicle.

American Immigration Council: ICE Courthouse Arrests Funnel Cases into Expedited Removal

The American Immigration Council documents ICE's pattern of asking immigration judges to dismiss noncitizens' cases so the noncitizen can be routed into expedited removal — a faster process with fewer due process protections. The few immigration courts pushing back are flagged in the analysis; counsel should know which judges have refused dismissals.

Modern Law Group Secures Habeas Release in 24 Hours: A § 1225(b)(1) Win in D.N.J.

On May 12, 2026, the U.S. District Court for the District of New Jersey granted a 28 U.S.C. § 2241 habeas petition our firm filed the day before. Judge Brian R. Martinotti ordered ICE to release the petitioner within 24 hours, return all seized property, and permanently enjoined the government from detaining him under 8 U.S.C. § 1225(b)(1). The court also imposed a 14-day stay before any potential re-detention under § 1226(a). The decision applies Suazo Rivera v. Blanche and Fajardo-Nugra v. Soto to a humanitarian parolee — a fact pattern affecting many of the noncitizens detained in the current enforcement push.

Federal Court Blocks USCIS Hold on Immigration Benefits for Travel-Ban Country Nationals

On April 30, 2026, U.S. District Judge Julia Kobick (D. Mass.) issued a preliminary injunction in Case 1:25-cv-13946-JEK finding that USCIS policies imposing a blanket, indefinite hold on immigration applications for nationals of certain countries were unlawful. The court ordered the parties to report back on whether additional plaintiffs should receive relief, and related litigation is proceeding in other federal courts. The order is a significant constraint on the broader USCIS adjudication freeze that began in early 2026.

D.N.J. Continues to Build § 1225(b)(1) Parolee Detention Line of Cases

The District of New Jersey has now issued at least three habeas decisions holding that 8 U.S.C. § 1225(b)(1) does not authorize the detention of noncitizens originally paroled into the U.S. under 8 U.S.C. § 1182(d)(5)(A): Fajardo-Nugra v. Soto (Mar. 2, 2026), Suazo Rivera v. Blanche (Apr. 29, 2026), and a May 12 order applying the same statutory reasoning. Counsel in other circuits are using the line as persuasive authority in habeas filings for paroled clients held without bond hearings.

DHS Interim Final Rule Codifies Asylum Fees and Enforcement Consequences — Effective May 29

The Department of Homeland Security has published an interim final rule, effective May 29, 2026, codifying sweeping new immigration fee requirements and enforcement mechanisms under the H.R. 1 Reconciliation Act of 2025 (OBBBA). The rule amends USCIS regulations to formalize the initial asylum filing fee, the annual $102 asylum fee on cases pending more than one year, and consequences for nonpayment that may extend to delays or denials of work authorization renewal.

USA TODAY: New Wave of ICE Deployments Across 40+ States

Federal contracting records reviewed by USA TODAY (May 7) show ICE deploying approximately 330 officers and support staff to coworking-style offices in more than 40 states plus Puerto Rico, including small communities like Derby, Vermont and Caribou, Maine. The buildout reflects a shift from headline-grabbing urban sweeps to quieter, distributed enforcement.

DHS Secretary Mullin: "Doing It in a Different Way" After Pivot From High-Visibility Sweeps

Homeland Security Secretary Markwayne Mullin, who replaced Kristi Noem in March 2026, told Newsmax on May 9 that DHS is intentionally lowering its public profile while continuing detention and deportation operations at the same pace. Mullin reported 1,900 ICE detentions in a single day earlier in the week, approximately 2,700 deportations in seven days, and more than 60,000 people in detention.

USCIS Enhanced FBI Fingerprint Screening Slowing Adjudications

Starting April 27, 2026, USCIS implemented a new enhanced FBI security screening process affecting adjudication of benefit requests that require fingerprint-based background checks. The update requires officers to conduct additional background vetting before approving eligible cases, and is widely understood to be the operational reason behind slowed adjudications across multiple form types since late April.

Senate Advances $72B Reconciliation Package to Fund ICE and CBP Through 2029

The Senate is moving rapidly toward a roughly $72 billion reconciliation bill that would fund ICE and CBP through fiscal year 2029, on top of $170 billion already allocated last year under OBBBA. A vote is expected during the third week of May with a June 1 presidential deadline. The package raises significant concerns about oversight, accountability, and the impact on immigrant communities.

If you were paroled into the U.S. and are now in ICE custody under § 1225(b)(1): The District of New Jersey's habeas line — Fajardo-Nugra, Suazo Rivera, and our May 12 case — is directly on point. Get the detention paperwork, identify the statute under which the detention is logged, and talk to counsel about a § 2241 habeas petition. Speed matters.

If you are from a travel-ban country with a stalled USCIS case: The April 30 D. Mass. preliminary injunction may apply to your case. Confirm with counsel whether you are within the plaintiff class or eligible for relief in related litigation.

If you are an asylum seeker with a pending case: The May 29 DHS interim final rule codifies the $102 annual fee and creates new consequences for nonpayment. Build the fee schedule into your calendar and coordinate with the I-765 EAD renewal timeline.

If you live in a state newly receiving ICE personnel: The deployment is now operational in cities and small towns that have had little ICE presence in years. Refresh status documents, finalize powers of attorney for childcare, and brief the household on the door. See our recent article on the deployment wave for the full 30-day plan.

If your case is held up in USCIS adjudication: The new FBI fingerprint screening process is producing systemic delays. Continue to monitor case status, but plan for additional months on routine adjudications.

Federal Judge Blocks USCIS Travel-Ban Adjudication Freeze

A federal judge issued a preliminary injunction blocking USCIS policies that paused immigration benefits for travel-ban country nationals, finding the practice constituted unlawful nationality-based discrimination in adjudication. The ruling is expected to be one of several constraints courts impose on the broader USCIS adjudication freeze in the coming months.

D.N.J. Grants Habeas in Suazo Rivera v. Blanche on § 1225(b)(1) Parolee Theory

On April 29, 2026, Judge Brian R. Martinotti granted habeas relief in Suazo Rivera v. Blanche, No. 26-3892 (BRM), holding that 8 U.S.C. § 1225(b)(1) does not authorize detention of a noncitizen originally paroled into the U.S. The opinion builds on Fajardo-Nugra v. Soto (D.N.J. Mar. 2, 2026) and was promptly cited in similar petitions filed in the same district.

$72B Reconciliation Package Advances Toward Senate Vote

Congress moved rapidly toward a $72 billion reconciliation bill to fund ICE and CBP through FY 2029, on top of $170 billion previously allocated. Border czar Tom Homan, speaking at the May 5 Border Security Expo in Phoenix, told attendees: "You will see more ICE agents than you've ever seen before."

USCIS Quietly Carves Out "Medical Physician" Cases From Broader Hold

USCIS and DHS added "applications associated with medical physicians" to a category of cases eligible to move forward after the broader immigration-benefits processing hold. The change appeared as a USCIS website update rather than a formal rulemaking or public announcement, continuing the agency's pattern of opaque exceptions to the adjudication freeze.

USA TODAY: ICE Records Show ~330-Officer Deployment Across 40+ States

Federal purchasing records on sam.gov show ICE deploying about 330 officers and support staff to coworking-style offices in cities large and small across more than 40 states and Puerto Rico. Texas leads with ~49 personnel; Houston, Miami, Atlanta, Baltimore, Nashville, and Seattle are also among the top receiving cities.

WOLA: New Management at DHS, Same Mission — and Mounting Evidence of Harm in ICE Custody

A late-April analysis from the Washington Office on Latin America documents continuing abuses in ICE custody under the new DHS leadership, with detailed reporting on deaths in detention and the impact of facility transfers on detainees and their families. The piece situates the May enforcement buildout within a longer trajectory of policy and capacity expansion.

Supreme Court Hears Argument in Haiti and Syria TPS Case

On April 29, the Supreme Court heard oral argument in the consolidated TPS case concerning the termination of Temporary Protected Status for Haitian and Syrian nationals. A decision is expected by the end of the term and could have ripple effects on Venezuela, Ukraine, and other countries whose TPS designations are currently the subject of pending litigation.

Reports: DHS Violated Court Order on Warrantless Immigration Arrests

Reports surfaced in late April that DHS has, in specific instances, violated a federal court order restricting warrantless immigration arrests. The reporting raised renewed questions about agency compliance with constitutional limits as enforcement activity ramped up.

USCIS Rolls Out Enhanced FBI Background Screening — Effective April 27

USCIS quietly implemented a new enhanced FBI security screening process on April 27, 2026, requiring officers to conduct additional background vetting before approving cases that involve fingerprint-based background checks. Practitioners reported sharp slowdowns across green-card, asylum, and naturalization adjudications in the weeks following the rollout.

ICE Detention Population Tops 60,000 Nationwide

By late April, ICE detention population reports placed the in-custody count above 60,000 nationwide, a sharp increase from the historic baseline. AILA and other practitioner groups continued to document growing pressure on detained-docket courts, especially in Louisiana, Texas, and Georgia.

Supreme Court to Hear Case on Lawful Permanent Resident Rights After Criminal Accusations

The Supreme Court agreed to consider when a returning lawful permanent resident may be treated as "seeking admission" because of a prior criminal history, a classification that changes whether the LPR receives full due-process protections at the border. The case follows a Second Circuit ruling in favor of the LPR, Lau, who was refused re-entry at JFK. A decision would clarify how post-Fleuti doctrine applies to LPRs returning after travel.

Politico: Federal Judges Ordering ICE Detainees Released as Unlawful Detention

Federal judges, including several appointed by President Trump, have ordered release of immigrants held by ICE after concluding the detentions exceeded constitutional limits. Reporting cites a growing pattern of judges finding that habeas petitions are succeeding even for detainees with complicated histories, as the administration accelerates removal operations.

Delaware Appeals Court Order Requiring Wage Data Sharing With ICE

Governor Matt Meyer announced Delaware is appealing a state court order that would force the Department of Labor to turn over employee wage and identification records to ICE. The case is a test of whether state wage records fall within federal immigration enforcement data-sharing obligations and could affect similar disputes nationally.

USCIS Establishes New "Tactical Operations Division" for Re-Vetting and Denaturalization

USCIS has announced the creation of a Tactical Operations Division to oversee re-vetting of refugees, denaturalization efforts, and actions to strip lawful permanent residence. The new unit comes as USCIS faces a record backlog and continues to hold adjudications for applicants from countries affected by the ongoing travel ban.

Annual $102 Asylum Fee Remains Active for Cases Pending Over One Year

As of February 2, 2026, asylum seekers with applications pending longer than one year must pay a $102 annual fee. Fee waivers are not available. USCIS has continued to issue requests to collect the fee, and the rule interacts with I-765 work permit renewal timing in ways applicants should plan for.

AILA: Senate Approves DHS Funding That Excludes Enforcement Funding for ICE and CBP

AILA responded to a Senate vote approving Department of Homeland Security funding that excludes enforcement funding for ICE and CBP. AILA warned that law enforcement agencies must still adhere to constitutional and legal standards regardless of funding levels, and noted the measure's potential to affect enforcement operations going forward.

ASAP: Increased Risk of Detention at ICE Check-ins and USCIS Biometrics

Advocacy group ASAP warns applicants of increased detention risk at ICE check-ins and USCIS biometrics appointments, including cases involving prior removal orders and unresolved asylum appeals. TPS recipients from Burma, Ethiopia, Haiti, Somalia, South Sudan, and Syria remain protected pending Supreme Court action.

LA Times: Judges Fume as ICE Detainees Ordered Free Remain in Custody

Federal judges are publicly criticizing the government for allegedly failing to release ICE detainees even after judicial orders requiring their release. Justice Department lawyers have argued in some filings that "the Fifth Amendment does not apply" to detained immigrants — a position courts have rejected. Habeas activity is rising sharply.

AILA Analysis: Rising Denaturalization Filings and the High Legal Bar

AILA Senior Director of Government Relations Shev Dalal-Dheini commented on the recent rise in denaturalization cases under the current administration. Federal prosecutors still face a high evidentiary bar, but the pace of filings raises questions about whether the goal is courtroom victory or community-level fear — a distinction with real consequences for naturalized U.S. citizens.

NYT Opinion: Haitian and Syrian TPS Holders Remain Protected Through April 29 Argument

An NYT opinion piece argues the administration faces a difficult path to success in the TPS case set for argument April 29, concerning Haiti and Syria. For now, protected individuals remain free to work and live openly in the U.S.; the Court's eventual ruling could have ripple effects for other TPS-designated countries including Venezuela, Ukraine, and others currently protected by court orders.

If you are an LPR with a criminal record: The pending Supreme Court LPR case could change your rights at re-entry. Until it is decided, do not travel internationally without first consulting an immigration attorney who can review your record and assess removal risk.

If you are detained by ICE: Habeas corpus is working. If a family member is in ICE custody and has been held beyond normal limits or without a detention review, a habeas petition may be the fastest route to release.

If you are an asylum seeker with a pending case: Build annual fee payments into your planning, monitor I-765 EAD renewal timing carefully, and prepare for re-vetting activity under the new USCIS Tactical Operations Division.

If you hold TPS from Haiti or Syria: Status remains protected through the April 29 Supreme Court argument. Renew your work permit on time and keep documentation of continued qualifying presence ready.

If you are a naturalized U.S. citizen: Denaturalization filings are rising. If anyone contacts you alleging a problem with your naturalization petition or underlying immigration history, do not respond without an attorney — the government still carries a high burden, but early cooperation can hurt your position.