Dear Readers,
While it has been less than 100 days since Donald Trump was inaugurated for his second term as President, there have been so many developments in immigration law that it’s hard to keep up. But a look at major news stories from just the last week set the theme:
The Kilmar Abrego Garcia Case: A Constitutional Flashpoint
Few cases have captured national attention like that of Kilmar Armando Abrego Garcia, a Maryland resident who was wrongfully deported to El Salvador in March despite a court order protecting him from removal. Abrego Garcia, who had been granted withholding of removal in 2019 due to gang threats in his home country, was sent to El Salvador’s notorious CECOT megaprison, where he was held without trial. The Trump administration has since refused to comply with a Supreme Court order to facilitate his return, arguing that it lacks jurisdiction over foreign custody and that Abrego Garcia is affiliated with MS-13—a claim not substantiated in court. Senator Chris Van Hollen (D-Md.) met with Abrego Garcia in El Salvador, describing the conditions as overcrowded and traumatic. The administration’s defiance has prompted a federal judge to consider contempt proceedings against government officials.
Judicial Checks on Expedited Deportations
In a significant rebuke to the administration’s immigration policies, the U.S. Supreme Court temporarily halted the use of the Alien Enemies Act to deport Venezuelan migrants without due process. The administration had classified these individuals as members of Tren de Aragua, a Venezuelan gang, but the Court found that the detainees had not been properly notified or given an opportunity to challenge their classification. Separately, a U.S. District Judge in Boston blocked the administration’s attempt to terminate the CHNV Program, which offers temporary legal status to individuals from Cuba, Haiti, Nicaragua, and Venezuela. These rulings underscore the judiciary’s role in upholding due process amid aggressive enforcement tactics.
State-Level Resistance: Arizona’s Veto
At the state level, Arizona Governor Katie Hobbs vetoed a Republican-backed bill that would have required local officials to cooperate with federal immigration enforcement. The proposed legislation aimed to prevent local restrictions on federal collaboration and mandate compliance with immigration detainers. Critics argued that it would strain community-police relations and lead to racial profiling, while Hobbs emphasized the need for authentic border security collaboration without making local entities subordinate to federal directives.
Supreme Court Revisits Birthright Citizenship
In a case that could reshape the interpretation of the Fourteenth Amendment, the Supreme Court has agreed to hear oral arguments in the birthright citizenship cases on May 15th to determine whether the injunctions blocking Trump’s executive order should be limited to the parties. This is only the fourth oral argument on emergency applications since 1971. Advocates fear that a reversal or narrowing could strip citizenship from millions or, at minimum, open the door for legislative exceptions. Several amicus briefs—from historians, legal scholars, and immigrant rights groups—stress the potential for devastating legal limbo and social destabilization.
Student SEVIS Terminations: A Nationwide Crackdown
In a sweeping and unprecedented move, the Trump administration has revoked the visas and legal status of over 4,700 international students and scholars across more than 240 institutions in 45 states and Washington, D.C. Primarily targeting holders of F-1 visas, the affected individuals include current students and recent graduates. The reasons for visa terminations often remain vague, ranging from alleged involvement in pro-Palestinian protests to minor legal infractions, including dismissed charges and traffic violations. In many instances, students receive little to no explanation for their deportation notices, raising alarm among universities and legal experts. Institutions like Harvard, Brigham Young, and Arizona State have reported multiple cases, while others continue investigating. Several lawsuits have been filed, and 19 Democratic state attorneys general have urged a federal judge to halt the mass cancellations. Meanwhile, a Department of Homeland Security task force is reportedly reviewing students’ social media for further targeting. The opaque nature and rapid expansion of the policy have sown fear and confusion among international students and academic institutions nationwide.
The last item – SEVIS terminations – is an area that has been keeping Siskind Susser lawyers especially busy since we represent a lot of universities, students and faculty members. And that means going to court and seeking orders from judges requiring ICE to reinstate SEVIS records. That’s far from the end of the story with USCIS revoking status, ICE pursuing removal actions and the State Department revoking visas all triggered by these SEVIS terminations. We benefit from having partner Adam Cohen, the author of one of the best known books on university immigration and a national expert on F-1 visas and a litigation partnership on the student cases with Joseph and Hall, one of the IMMPACT Litigation firms with whom we’ve been suing the government since the first Trump Administration.
Sincerely,
Greg Siskind
Ask Visa Law
By Robby Rubin
Question: I am a student in the United States on an F-1 visa and I am concerned about the recent surge of SEVIS terminations and revocations of F-1 visas. If my SEVIS is terminated and my F-1 visa is revoked, what are my options? Am I considered out of status?
In recent weeks, there has been an unprecedented spike in SEVIS terminations by Immigration and Customs Enforcement (ICE) and revocations of F-1 student visas by the State Department. . Typically, students are receiving email notifications from their DSOs that their SEVIS account has been terminated due to the student’s name appearing in criminal background searches. As of today, approximately 5,000 students have received notifications from either their school or the consulate that issued their F-1 visa, that their SEVIS account has been terminated and/or that their F-1 visa has been revoked. Many of the SEVIS terminations have been quickly followed by revocation of a student’s F-1 visa. These terminations have wreaked havoc for thousands of students across the country, who are now potentially in the United States without any status, and limited options to remedy their situation. Often times, the “criminal” conduct that led to the SEVIS termination is actually minor traffic, domestic, or misdemeanor charges, that have previously not been sufficient grounds for visa revocation or SEVIS termination. There have been reports of SEVIS terminations due to infractions as minor as speeding tickets, illegal parking, and in one instance a student’s SEVIS account was terminated due to the police’s misidentification of a suspect leading to his mistaken and false arrest. In these instances, and in many others reported to AILA, the students had their charges dismissed, were never charged, or were never prosecuted. Nevertheless, thousands of students with no criminal record have been left to figure out how to repair their immigration situation after sudden and seemingly unlawful terminations of their SEVIS accounts and F-1 status.
Termination of a SEVIS record effectively ends a student’s F-1 status. However, the revocation of a visa is not a regulatory ground for termination of F-1 student status. DHS policy confirms that visa revocation alone does not justify SEVIS termination. There has been evidence of ICE admitting as much in court proceedings already, as well as admitting that ICE does not have the ability to unilaterally declare an individual out of status. Immigration lawyers are reporting, however, that in most cases where a SEVIS record has been terminated, a visa revocation shortly follows.
At Siskind & Susser, we have explored many options with students in these situations. This may include seeking family or employment-based green cards or alternative non-immigrant categories. In these situations, we have been filing changes of status, arguing first that their SEVIS termination was unlawful, and they have otherwise maintained their status, and should be allowed to change status within the United States. In the alternative, we argue that even if they are out of status, we request a nunc pro tunc ruling that allows USCIS to retroactively place these students into status solely for the purposes of changing to a different non-immigrant status within the United States. For these nunc pro tunc requests, we explain, among other things, that the gap in status is not the fault of the student and was beyond their control.
As a final option that we are recommending students to pursue in conjunction with any of the above options, our firm is working with our IMMPACT Litigation system firms on a class action lawsuit challenging the terminations as well as pursuing individual suits. We are also pursuing the option in certain situations of filing a Temporary Restraining Order for certain students, which if successful, would immediately reinstate the students back to their original F-1 status during the pendency of the litigation.
If you are interested in pursuing any of the above options, please contact us at 901-682-6455, and ask to set up a consultation with one of our attorneys working on SEVIS terminations and the various pathways towards resolving your immigration situation.
In the News from ABIL
FY 2026 H-1B Initial Registration Selection Process Completed
U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).
U.S. Citizenship and Immigration Services announced procedures for certain Hong Kong residents covered by Deferred Enforced Departure to apply for Employment Authorization Documents valid through February 5, 2027.
E-Verify Makes ‘Minor Changes’ to Form I-9
E-Verify announced that U.S. Citizenship and Immigration Services has made “minor” changes to Form I-9, Employment Eligibility Verification, to align with statutory language, and the Department of Homeland Security Privacy Notice has been updated.
Venezuela TPS Remains in Effect Following Court Order
Temporary Protected Status for Venezuela will remain in effect and the validity of work permits issued under the Venezuela TPS designations is extended through April 2, 2026, “pending further litigation.”
USCIS Updates Policy to Recognize Only Two Sexes: Male and Female
U.S. Citizenship and Immigration Services said that “if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.”
The Trump administration is increasingly scrutinizing visa applicants and even permanent residents (green card holders) and has placed a “temporary pause” on certain green card applications “to do more vetting.”
ABIL: Tips for International Travelers Entering the United States
Travel to the United States has gotten trickier in recent months. This article summarizes tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States.
USCIS Reaches H-2B Cap for Second Half of FY 2025; Filing Dates Now Available for Supplemental Visas
U.S. Citizenship and Immigration Services has received enough petitions to meet the H-2B statutory cap for the second half of fiscal year 2025. Also, the filing dates for supplemental H-2B visas for the remainder of this fiscal year are now available.
The Department of Labor’s Employment and Training Administration announced annual updates to allowable monetary charges that employers of H-2A workers, in occupations other than herding or production of livestock on the range, may charge workers when the employer provides three meals per day. The notice also announced the minimum and maximum amount of travel-related subsistence reimbursements required under the H-2A and H-2B programs, and reminded employers of their obligations for overnight lodging costs.
The Department of Homeland Security (DHS) terminated parole programs for an estimated 530,000 Cubans, Haitians, Nicaraguans, and Venezuelans in the United States and their immediate family members. After a court order, DHS announced that Temporary Protected Status for Venezuela would remain in effect.
The American Civil Liberties Union (ACLU), Democracy Forward, and the ACLU of the District of Columbia sued the Trump administration over President Trump’s “unlawful and unprecedented invocation” of the Alien Enemies Act of 1798, a wartime authority, to round up and deport Venezuelans from the United States without due process.
ICE Detains Tourists and U.S. Resident Foreign Nationals, Sparking Concern
U.S. Customs and Immigration Enforcement has stepped up detentions and deportations of foreign nationals entering the United States as tourists or permanent residents, leading to several countries issuing travel warnings.
Trump Administration Shuts Down Immigration Watchdog Offices
The Department of Homeland Security’s Citizenship and Immigration Services Ombudsman’s office has closed and its employees have been terminated, along with the offices of the Immigration Detention Ombudsman and Civil Rights and Civil Liberties.
U.S. Arrests and Detains Permanent Resident Protester, Raising First Amendment Concerns
The Trump administration has said it plans to expand arrests and deportations based on foreign policy grounds.
The declaration effectively constitutes an expansion to other federal agencies of the exemption of “foreign affairs” functions from Administrative Procedure Act requirements.
DHS Designates New Form for Registration and Fingerprinting
Following the Department of Homeland Security’s announcement that certain noncitizens in the United States must register and be fingerprinted, the agency released an interim final rule designating a new form for that purpose, effective April 11, 2025.
U.S. Immigration and Customs Enforcement moved the last 40 migrants who had been detained at the U.S. Naval Base in Guantanamo Bay, Cuba, back to the United States.
The Department of State’s Visa Bulletin for April 2025 reports that increased demand and number use by China and India in the EB-5 unreserved immigrant investor green card category, combined with increased Rest of World demand and number use, has made it necessary to retrogress the final action dates.
DOS Resumes Processing of Following-to-Join Relatives of Refugees in United States The annual limits will reset with the start of the new fiscal year on October 1, 2025.
CDC Removes COVID-19 Vaccination Requirement for Immigrant Visa Applicants
U.S. embassies and consulates will no longer refuse an immigrant visa application for failure to present documentation that the applicant received the COVID-19 vaccination.
OFLC Deletes Records From FLAG
Those with cases in the Foreign Labor Application Gateway system older than five years from the date of final determination should have downloaded them by March 19, 2025.
Trump Administration Plans to Restart and Expand Travel Bans
The travel ban would likely include Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen, along with Afghanistan, Pakistan, and possibly others.
USCIS Changes Many Forms With No Notice, Adds Grace Periods After Complaint Filed
U.S. Citizenship and Immigration Services (USCIS) posted changes to many forms with grace periods of up to one month, immediately following a complaint filed by the American Immigration Lawyers Association challenging USCIS’s publishing new editions of immigration forms with no notice and requiring their use with no grace period.
USCIS Plans to Require Applicants to Provide Access to Social Media Accounts
U.S. Citizenship and Immigration Services said there was a “need to collect social media identifiers (‘handles’) and associated social media platform names from applicants to enable and help inform identity verification, national security and public safety screening, and vetting, and related inspections.”
Trump Administration Fires EOIR Personnel and Immigration Judges While Backlogs Grow
The Trump administration has fired a number of Executive Office for Immigration Review staff and immigration judges (IJs), along with more than a dozen members of the Board of Immigration Appeals.
Annual Limit Reached in EB-4 Category
The annual limits will reset with the start of the new fiscal year on October 1, 2025.
The order states that agency heads “are not required to amend, remove, or otherwise stop production of documents, products, or other services prepared or offered in languages other than English.”
Elon Musk Arrested on April 1 for Working Illegally in the United States
On April 1, 2025, as part of a crackdown on immigrant students for national security reasons, the Department of Homeland Security announced the arrest of Elon Musk for working illegally in the United States in the 1990s while he was in J-1 student status.
USCIS Begins Scrutinizing Social Media; Many Student, Faculty, and Researcher Visas Revoked
The Trump administration has recently revoked more than 525 student, faculty, and researcher visas for a variety of reasons, or no reason.
Trump Announces Militarization of Southern Border
President Trump announced a “military mission for sealing the southern border of the United States and repelling invasions.”
Trump Suggests Allowing Undocumented Farm and Hotel Workers to Leave and Return to United States
President Trump suggested that undocumented farm and hotel workers might be allowed to leave the United States and return in legal status if they have employers willing to vouch for them.
CHNV Litigation Update: USCIS Parole Terminations Stayed
Pursuant to a court order, parole termination notices sent to people in the United States from Cuba, Haiti, Nicaragua, and Venezuela “are stayed and therefore not currently in effect. No new requests for CHNV parole will be processed.”
Temporary Restraining Order Granted in Case Challenging Terminations of F-1 Students’ SEVIS Records
In a case challenging terminations of a group of more than 130 F-1 students’ Student and Exchange Visitor Information System (SEVIS) records, a federal judge in Georgia granted a temporary restraining order on April 18, 2025. The order, effective immediately, directs the government to “reinstate Plaintiffs’ student status and SEVIS authorization, retroactive to March 31, 2025.”
The Department of Labor is inviting comments on a new attestation form for employers seeking to employ H-2B nonimmigrant workers.
May Visa Bulletin Notes Retrogression of Final Action Date for India EB-5 Unreserved Visa Categories
High demand and number use by India in the EB-5 unreserved visa categories, combined with increased Rest of World demand and number use, has made it necessary to further retrogress the India final action date to May 1, 2019, the Department of State said.
REAL ID Deadline Approaches for U.S. Travelers’ Documentation
By May 7, 2025, U.S. travelers’ documents must be REAL ID-compliant to board domestic flights and access certain federal facilities.
DHS Reverses Course, Restores Student SEVIS Records—But Future Remains Uncertain
Following numerous lawsuits and court orders, DHS suddenly restored many foreign students’ SEVIS records that it had abruptly deleted, but uncertainty remained.
Cap Reached for Additional H-2B Returning Workers for Early Second Half of FY 2025
U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year 2025 with start dates from April 1 to May 14, 2025.
U.S. Citizenship and Immigration Services has begun issuing Requests for Evidence seeking home addresses for the purpose of collecting biometric data in H-1B and I-140 employment-based petitions, raising concerns.
DHS Says SAVE Database Is Being Overhauled
The Systematic Alien Verification for Entitlements database is being overhauled by the Department of Homeland Security, U.S. Citizenship and Immigration Services, and the Department of Government Efficiency.
Mexican National Sentenced for Smuggling and Labor Trafficking Scheme
U.S. Citizenship and Immigration Services assisted in an investigation leading to the sentencing of a Mexican national to 51 months’ imprisonment for her involvement in a smuggling and labor trafficking scheme.
State Department Visa Bulletin
To view the May 2025 Visa Bulletin from the State Department: click here.