IMMIGRATION UPDATE – July 9, 2025
HEADLINES
DOJ Announces Civil Division Enforcement Priorities, Including Denaturalization and Ending Sanctuary Jurisdictions – On June 11, 2025, the Civil Division of the Department of Justice issued a memorandum announcing its enforcement priorities under the Trump administration. Under the memo, among other things, a policy shift heightens the priority of civil denaturalization enforcement.
Federal Judge Blocks Early TPS Termination for Haiti – On July 1, 2025, a federal judge blocked the Trump administration’s recently announced early termination of Temporary Protected Status (TPS) for Haiti.
USCIS Clarifies Policy for TN Nonimmigrants – U.S. Citizenship and Immigration Services recently updated its Policy Manual for the TN nonimmigrant classification. Eligibility for TN status has been clarified for several occupations, including economists, engineers, computer systems analysts, physicians, and scientific technicians/technologists.
‘One Big Beautiful Bill Act’ Includes Immigration-Related Provisions, New Asylum Fees – Several immigration-related provisions are in the recently passed and signed “One Big Beautiful Bill Act.”
Trump Again Floats ‘Temporary Pass’ Idea for Farmworkers – On a recent news program, President Trump alluded to a “temporary pass” being planned for farmworkers.
Supreme Court Decision Limits Nationwide Injunctions, Leaves Birthright Citizenship Issue Unsettled – On June 27, 2025, in a case implicating President Trump’s Executive Order on birthright citizenship, the U.S. Supreme Court issued a decision limiting federal courts’ ability to issue nationwide injunctions blocking executive orders and broad national policies. The decision did not address the merits or constitutionality of President Trump’s Executive Order on birthright citizenship. The decision means that there will be continuing and evolving uncertainties, including legal challenges to the Executive Order in the federal courts.
Supreme Court Pauses Lower Court Ruling to Allow the Trump Administration to Deport People to Third Countries Without Recourse – The U.S. Supreme Court paused a lower court ruling to allow the Trump administration to deport people to third countries without the ability to argue that they would face torture. Specifically, a group of men being held at a military base in Djibouti will be sent to South Sudan while their case continues in court.
E-Verify, SAVE Announce New Status Change Reports for Employers of Those Whose Parole Is Terminated – The Department of Homeland Security announced that it is revoking Employment Authorization Documents (EAD) for certain people whose parole has been terminated. E-Verify and the Systematic Alien Verification for Entitlements program have launched new Status Change Reports for employers to identify if any of their E-Verify cases were created with an EAD that has been revoked.
Many International Doctors Are in Visa Limbo, Risking Shortages in the United States – Hundreds of doctors who were expected to begin medical residencies at U.S. hospitals shortly are stuck in “visa limbo” because of delays, an inability to make J-1 visa appointments, or additional vetting, despite the Department of State’s recent announcement that interviews could resume. Others have been unable to enter the United States due to the Trump administration’s travel (entry) ban on 19 countries.
Uncertainty in Middle East Disrupts U.S. Visa Processing and Consular Services – Visa processing across the Middle East is facing renewed disruption due to developments such as tensions between the U.S. and Iran. Recent military activity involving Iran, and the U.S. government’s evacuation of non-essential personnel from multiple embassies across the Middle East, are significantly affecting visa processing in the region.
OFLC Publishes New List of Professional Occupations Effective July 1, 2025 – The Department of Labor’s Office of Foreign Labor Certification has reviewed occupational and education data and published a new list of occupations on its website, as it does annually.
DETAILS
DOJ Announces Civil Division Enforcement Priorities, Including Denaturalization and Ending Sanctuary Jurisdictions
On June 11, 2025, the Civil Division of the Department of Justice (DOJ) issued a memorandum announcing its enforcement priorities under the Trump administration. Under the memo, among other things, a policy shift heightens the priority of civil denaturalization enforcement. The memo lists a variety of non-exhaustive prioritized categories for denaturalization. The Civil Division, however, “retains the discretion to pursue cases outside of these categories as it determines appropriate.”
Foreign-born U.S. citizens with concerns about possible misrepresentations during the immigration or naturalization process or other issues to consider talking with an immigration attorney. Individuals concerned about denaturalization should also speak with an attorney before traveling abroad, as pending litigation or findings of fraud could impact re-entry or passport renewal.
Another priority under the memo is “ending sanctuary jurisdictions.” The memo states that “[c]onsistent with this directive, the Civil Division shall prioritize affirmative litigation to invalidate any State or local laws preempted by Federal law.”
Federal Judge Blocks Early TPS Termination for Haiti
On July 1, 2025, a federal judge blocked the Trump administration’s recently announced early termination of Temporary Protected Status (TPS) for Haiti.
On June 27, 2025, the Department of Homeland Security (DHS) announced the termination of TPS for nearly 500,000 Haitians living in the United States. DHS said TPS would end on August 3, 2025, and the termination would be effective September 2, 2025.
DHS Secretary Kristi Noem said she determined that “overall, country conditions have improved to the point where Haitians can return home in safety.” She further determined that “permitting Haitian nationals to remain temporarily in the United States is contrary to the national interest of the United States.” DHS encouraged Haitian nationals returning home to use the U.S. Customs and Border Protection CBP Home app to report their departure from the United States. DHS noted that “Haitian nationals may pursue lawful status through other immigration benefit requests, if eligible.”
The Biden administration previously extended Haitian TPS until at least February 3, 2026. In a 23-page decision, the judge said that “[w]hen the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period.” The judge said the early termination violated the TPS statute, noting that many affected Haitians are working in jobs, attending school, or receiving medical treatment with the expectation that they would be allowed to remain in the United States at least through the end of this year.
USCIS Clarifies Policy for TN Nonimmigrants
U.S. Citizenship and Immigration Services (USCIS) recently updated its Policy Manual, Part P (Nonimmigrants) under the United States-Mexico-Canada Agreement (USMCA) for the TN nonimmigrant classification. The new guidance, effective immediately, supersedes earlier guidance.
Among other things, the TN employer must be a U.S. entity. Eligibility for TN status has been clarified or narrowed for several occupations, including economists, engineers, computer systems analysts, physicians, and scientific technicians/technologists. The relevance of the degree held and alignment of job duties are prioritized.
‘One Big Beautiful Bill Act’ Includes Immigration-Related Provisions, New Asylum Fees
Several immigration-related provisions are in the recently passed and signed “One Big Beautiful Bill Act,” including:
- Imposing, for the first time, a $1,000 asylum application fee and $550 for related work authorization, along with a minimum $100 annual fee for a pending asylum application, and fees for those paroled into the United States
- Imposing a requirement for renewal of work authorization every six months and a fee of at least $550 for renewal each time for asylum applicants and parolees, including those admitted under Temporary Protected Status
- Excluding certain immigrants, including refugees/asylees and human trafficking and domestic violence victims, from Medicaid, Medicare, the Children’s Health Insurance Program, and the Supplemental Nutrition Assistance Program
- Adding a 3.5 percent tax on immigrants’ remittances for those without Social Security numbers (SSNs). Those with SSNs can receive tax credits to offset the remittance tax
- Earmarking additional funds for construction and improvement of immigrant detention facilities and checkpoints, and related border technology and hiring
Trump Again Floats ‘Temporary Pass’ Idea for Farmworkers
On a recent news program, President Trump alluded to a “temporary pass” being planned for farmworkers. “We’re working on it right now. We’re going to work it so that some kind of a temporary pass where people pay taxes, where the farmer can have a little control, as opposed to you walk in and take everybody away,” he said. “[W]e’re going to do something for farmers, where we can let the farmer sort of be in charge. The farmer knows. He’s not going to hire a murderer. When you go into a farm and he’s had somebody working with him for nine years doing this kind of work, which is hard work to do, and a lot of people aren’t going to do it, and you end up destroying a farmer because you took all the people away, it’s a problem.” No further details were released as of press time.
The remarks follow Trump administration shifts back and forth about whether worksite raids might be paused in industries like hospitality, restaurant, and agricultural work, and whether undocumented farm and hotel workers might be allowed to work legally in the United States.
Supreme Court Decision Limits Nationwide Injunctions, Leaves Birthright Citizenship Issue Unsettled
On June 27, 2025, in a case implicating President Trump’s Executive Order (EO) on birthright citizenship, the U.S. Supreme Court issued a decision limiting federal courts’ ability to issue nationwide injunctions blocking EOs and broad national policies. It explained that in such cases, courts should normally only block federal policies for the individuals or organizations that bring a lawsuit, unless a statute or class action process allows broader relief. This ruling makes it less likely that a single lawsuit will be able to stop a federal policy from taking effect across the entire country.
The Supreme Court’s order incorporates a change to the effective date of the EO, which was agreed to by the government. The Court stated that the EO does not apply to children born since January 20, 2025, and for 30 additional days after the order. Under the decision, all children born in the United States before July 28, 2025, regardless of their parents’ immigration status, will be recognized as U.S. citizens by the executive branch of the federal government.
The decision did not address the merits or constitutionality of the EO. The decision means that there will be continuing and evolving uncertainties, including legal challenges to the birthright citizenship order in the federal courts. For example, filed within hours of the decision, a lawsuit in New Hampshire seeks to designate a nationwide class of children needing protection from the EO. Meanwhile, at a press conference on June 27, 2025, President Trump announced that the administration plans to take additional actions to end birthright citizenship. These efforts will likely take the form of new agency rules, policies, and guidance aimed at implementing the EO.
Supreme Court Pauses Lower Court Ruling to Allow the Trump Administration to Deport People to Third Countries Without Recourse
On June 23, 2025, the U.S. Supreme Court paused a lower court ruling to allow the Trump administration to deport people to third countries without the ability to argue that they would face torture. Specifically, a group of men being held at a military base in Djibouti will be sent to South Sudan while their case continues in court.
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented. Justice Sotomayor said, “Apparently, the court finds the idea that thousands will suffer violence in farflung locales more palatable than the remote possibility that a district court exceeded its remedial powers when it ordered the government to provide notice and process to which the plaintiffs are constitutionally and statutorily entitled. That use of discretion is as incomprehensible as it is inexcusable.”
After the ruling, Tricia McLaughlin, a spokesperson for the Department of Homeland Security, said, “DHS can now execute its lawful authority and remove illegal aliens to a country willing to accept them. Fire up the deportation planes.”
E-Verify, SAVE Announce New Status Change Reports for Employers of Those Whose Parole Is Terminated
On June 20, 2025, the Department of Homeland Security (DHS) announced that it is revoking Employment Authorization Documents (EADs) for certain people whose parole has been terminated. These revocations may be on a case-by-case basis or may be for groups, such as those paroled through the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. DHS said it sent direct notifications to certain individuals who were paroled into the United States, terminating their parole and revoking their parole-based EADs.
E-Verify developed a new report to help employers identify any E-Verify cases created with an EAD that has been revoked. DHS said the new Status Change Report allows E-Verify employers to review their aggregated case data for employees who presented EADs for employment verification that have now been revoked by DHS. The report contains the document revocation date, case number, and A-number for each affected case. DHS said the data in this report “will be regularly updated as DHS revokes EADs, and this report replaces the use of Case Status Alerts for EAD revocations.” The DHS announcement includes instructions for employers and their agents on how to access the report and reverify their employees.
Also, on June 20, 2025, Systematic Alien Verification for Entitlements (SAVE) announced that it created a self-service report that user agencies can generate when logged into SAVE using a web browser. The new report allows user agencies to identify SAVE cases created for one or more benefit applicants whose parole was terminated by DHS. Since DHS data is continuously updated, agencies should consider running this report on a regular basis, SAVE said.
Many International Doctors Are in Visa Limbo, Risking Shortages in the United States
According to reports, hundreds of doctors who were expected to begin medical residencies at U.S. hospitals shortly are stuck in “visa limbo” because of delays, an inability to make J-1 visa appointments, and/or additional vetting, despite the Department of State’s recent announcement that interviews could resume. Others have been unable to enter the United States due to the Trump administration’s travel (entry) ban on 19 countries. This year, more than 6,600 non-U.S. citizen doctors were accepted into residency programs. Many such residencies are supposed to start on July 1, 2025.
Concerns include the cost of medical exams and upending of international doctors’ plans to come to the United States; shortages of doctors in some communities, including medically underserved areas; and effects on U.S. hospitals and patients.
Uncertainty in Middle East Disrupts U.S. Visa Processing and Consular Services
U.S. visa processing across the Middle East is facing renewed disruption due to developments such as tensions between the U.S. and Iran. Recent military activity involving Iran, and the U.S. government’s evacuation of non-essential personnel from multiple embassies across the Middle East, are significantly affecting visa processing in the region, according to reports.
Although the Department of State recently authorized the resumption of F, M, and J visa interviews under new vetting protocols, the deteriorating security environment is likely to delay, or entirely suspend, implementation of that guidance at affected consular posts.
OFLC Publishes New List of Professional Occupations Effective July 1, 2025
On June 24, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced that it reviewed occupational and education data and published a new list of occupations on its website, as it does annually per a 2021 Federal Register notice. OFLC said the list of professional occupations “serves as a guide for employers to distinguish between professional and non-professional occupations in order to comply with the professional recruitment requirements of the PERM program.”
Appendix A to the Preamble–Education and Training Categories by Occupational Information Network (O*NET)–Standard Occupational Classification (SOC) Occupations, which implements the new list of professional occupations for the July 2025 through June 2026 wage year, will be effective July 1, 2025.
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PUBLICATIONS AND ITEMS OF INTEREST
Know your rights. A number of organizations, including the American Civil Liberties Union (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, and the Asian Law Caucus, have published resources highlighting immigrants’ rights in the United States, including “know your rights” information and what documents they may want to carry when traveling inside the United States.
ACLU of Northern California has also released Know Your Rights: U.S. Airports and Ports of Entry.
See also Information for Employers — “What to Do if Immigration Comes to Your Workplace” : NELP_EmployerGuide_Eng_2025_Final-.pdf. Note the important distinction between administrative and judicial warrants, and a public lobby versus private areas of a business.
New FAQ on effect of changes to parole and TPS for SAVE agencies. U.S. Citizenship and Immigration Services has released a new Frequently Asked Questions (FAQ) page, FAQs on the Effect of Changes to Parole and Temporary Protected Status (TPS) for SAVE Agencies. The FAQs address questions that Systematic Alien Verification for Entitlements agencies may have regarding the implementation of various changes to parole and Temporary Protected Status, including through published Federal Register notices. DHS noted that it has also taken actions to terminate parole before the parole expiration date for certain people.
IMMIGRATION AGENCY INFORMATION/PROCESSING TIMES
U.S. Customs and Border Protection:
Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/home
Department of Labor:
PERM and Prevailing Wage Processing Times: https://flag.dol.gov/processingtimes
State Department:
Visa Appointment Wait Times: https://travel.state.gov/content/travel/en/us-visas.html
Monthly Immigrant Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
U.S. Citizenship and Immigration Services:
Processing Times: https://egov.uscis.gov/processing-times/
Case Status Online: https://egov.uscis.gov/
GOVERNMENT ENGAGEMENTS
E-Verify webinars: E-Verify has added a webinar with a focus on acceptable documents for Form I-9 verification, and has updated its calendar of webinars.
SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.
Immigration agency X (formerly Twitter) accounts:
- EOIR: @DOJ_EOIR
- ICE: @ICEgov
- Study in the States: @StudyinStates
- USCIS: @USCIS
Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration
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This information was prepared in collaboration with ABIL, the Alliance of Business Immigration Lawyers, comprised of twenty U.S. immigration lawyers who head some of the top immigration practices in the country. Larrabee Albi Coker LLP is an active member of ABIL.
Legal Disclaimer: This information is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.