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D.V.D. v. U.S. Department of Homeland Security, No. 26-1212 (1st Cir. Sept. 18, 2026). On September 18, 2026, the U.S. Court of Appeals for the First Circuit largely affirmed a ruling holding that the Department of Homeland Security ("DHS") cannot remove covered noncitizens to a third country without effective notice and a meaningful opportunity to raise fear-based claims concerning that country. The decision addresses third-country removals—the removal of a noncitizen to a c

The U.S. Department of State has issued new instructions to U.S. embassies and consulates following recent federal court decisions affecting two major immigrant-visa restrictions implemented earlier this year. The September 10, 2026 instructions are particularly important for Diversity Visa (DV-2026) applicants and nationals of the 75 countries previously subject to the State Department's immigrant-visa issuance pause. For many affected applicants, the message is straightforw

Matter of W-F-D-, 29 I&N Dec. 854 (BIA 2026) On August 25, 2026, the Board of Immigration Appeals ("BIA") issued an important precedential decision clarifying the limits of Immigration Judge authority over custody once a removal order becomes administratively final. In Matter of W-F-D-, the Board held that Immigration Judges generally lack jurisdiction to conduct a custody redetermination or grant bond after the removal order has become final. The Case The respondent, a citiz

The U.S. Department of State is considering new procedures that could require parents applying for U.S. passports for their children to provide documentation of their own U.S. citizenship or immigration status. The proposal is the latest development in the Trump administration’s broader effort to restrict the circumstances under which children born in the U.S. would be recognized as U.S. citizens at birth. It would also represent a significant change in how some passport appl

Federal appeals court holds that long-term U.S. residents are not automatically subject to mandatory detention without a bond hearing On August 28, 2026, the U.S. Court of Appeals for the Third Circuit delivered another significant ruling limiting the federal government's effort to expand mandatory immigration detention. In a divided decision, the Third Circuit rejected the Trump administration's interpretation of 8 U.S.C. § 1225(b)(2)(A), which ICE had relied upon to impose

USCIS has announced a significant change to the naturalization examination process: officers may once again conduct neighborhood investigations to verify information provided by applicants for U.S. citizenship. In Policy Alert PA-2026-10, USCIS updated its Policy Manual to reinforce the agency's authority under INA § 335(a) to investigate an applicant's residence, employment, and good moral character as part of the naturalization process. The development reflects a broader sh

The Trump administration is preparing what could become the largest mass visa revocation in U.S. history, potentially affecting as many as 200,000 foreign nationals who have sought or are seeking asylum after entering the United States on B-1 or B-2 visitor visas. The Department of State is expected to begin revoking certain B-1 and B-2 visas issued between 2016 and 2026 where the visa holder has filed, or is currently seeking to file, an asylum claim in the United States. Th

Effective August 21, 2026, U.S. Citizenship and Immigration Services ("USCIS") is implementing stricter procedures for affirmative asylum applicants who seek to reschedule—or fail to appear for—their asylum interviews. The change is significant. Applicants should not assume that a missed interview can simply be rescheduled without consequence. Exceptional Circumstances Now Required Under the updated procedures, an applicant seeking to reschedule an affirmative asylum intervie

The United States Citizenship and Immigration Services ("USCIS") has issued new guidance explaining how officers will evaluate public charge inadmissibility in adjustment-of-status cases. The guidance, issued August 18, 2026, provides important clarification on how USCIS officers are expected to apply the public charge provisions when determining whether an applicant is likely to become a public charge. The guidance becomes effective September 18, 2026. For applicants prepari

A significant new immigration ruling from the Board of Immigration Appeals (“BIA”) changes the legal consequences of international travel on advance parole for certain noncitizens who have accrued unlawful presence in the United States. On August 13, 2026, the BIA issued Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026) and overruled its longstanding 2012 precedent, Matter of Arrabally and Yerrabelly. The new decision holds that a departure from the United States pursuant

The debate over birthright citizenship has entered a new phase. On August 6, 2026, President Donald Trump signed two new Executive Orders aimed at limiting the scope of birthright citizenship following the U.S. Supreme Court's recent decision rejecting the Administration's broader effort to redefine citizenship under the Fourteenth Amendment. Rather than attempting to eliminate birthright citizenship outright, the new Orders focus on narrower categories, including so-called "

Effective August 5, 2026, USCIS has adopted a significant policy change that raises the stakes for every immigration filing. Under updated guidance, USCIS officers have restored discretion to deny certain immigration benefit requests without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) when an applicant fails to establish eligibility or submits an incomplete application. For applicants and employers alike, this marks a fundamental shift in

Effective August 3, 2026, the U.S. Department of State has officially implemented its final rule making the Visa Bond Program a permanent part of the U.S. nonimmigrant visa process. The rule represents a significant shift in how certain visitor visa applications may be adjudicated and introduces an additional financial requirement for some applicants seeking temporary entry to the United States. While the new rule does not apply to every visitor visa applicant, it has importa

Reports of Increased Airport Arrests Highlight the Importance of Understanding Your Immigration Status Before Flying Recent reports indicate that Immigration and Customs Enforcement ("ICE") has been conducting immigration enforcement operations at airports with increasing frequency. Although ICE has long possessed the authority to make immigration arrests at airports, immigration attorneys across the country have reported a noticeable increase in enforcement activity involvin

Beginning July 28, 2026, the Department of Homeland Security ("DHS") has implemented an interim final rule that substantially changes how U.S. Citizenship and Immigration Services ("USCIS") may process certain affirmative asylum applications. The new rule authorizes USCIS, in specified circumstances, to refer affirmative asylum applications directly to the Immigration Court without first conducting an asylum interview. The policy marks another significant shift in the adminis

Massachusetts Federal Court Pauses Enforcement While Legal Challenge Proceeds In another significant development affecting U.S. immigration policy, a federal court has temporarily halted enforcement of portions of the Trump administration's recently issued U.S. Citizenship and Immigration Services ("USCIS") policies governing employment authorization for certain asylum applicants and individuals with Temporary Protected Status ("TPS"). On July 21, 2026, U.S. District Judge Na

Recent BIA Asylum Decisions Signal a More Technical, Evidence-Driven Era That Could Impact Your Asylum Case For individuals seeking asylum in the U.S., 2026 has already brought several significant decisions from the Board of Immigration Appeals ("BIA") that may have a direct impact on asylum strategies, particularly for applicants from countries affected by Asylum Cooperative Agreements and for nationals seeking protection based on military conscription concerns. The recent d

The path to Lawful Permanent Residence ("LPR") in the U.S. has always required careful compliance with complex immigration laws, financial documentation, and eligibility requirements. A new proposal under consideration by the Trump administration could add another significant hurdle for certain individuals seeking green cards: a potential $100,000 immigration bond requirement. Although no final rule or policy has been issued, the administration has confirmed that it is explor

The Department of Homeland Security ("DHS") has announced a significant policy shift that will affect many individuals seeking Lawful Permanent Residence ("LPR") in the United States. Beginning September 18, 2026, U.S. Citizenship and Immigration Services ("USCIS") will implement a new public charge regulation after formally rescinding the 2022 Biden-era rule governing public charge determinations. The change signals another major shift in immigration policy under the current

Effective July 10, 2026, the United States Citizenship and Immigration Services ("USCIS") has implemented a significant change to its signature policy that raises the stakes for applicants, petitioners, and employers alike. Under the new rule, if an immigration form contains an invalid signature, USCIS may deny the filing outright—even if the agency initially accepted the application or petition for processing. This is more than a technical procedural change. It has serious c