Twenty-seven religious organizations sue Trump Administration for allowing ICE to raid houses of worship
Last month, President Trump rescinded previously longstanding guidance that prevented Immigration and Customs Enforcement (ICE) from conducting immigration enforcement at “sensitive locations,” which includes churches, mosques, synagogues, and other houses of worship. ICE is now able to enter these spaces to question people and arrest noncitizens who ICE accuses of violating immigration law. In response to this change, 27 Christian and Jewish organizations filed a lawsuit against the Trump Administration for infringing on their religious freedom. Their lawsuit states that the new policy spreads a fear of raids that lowers attendance at house of worship services and programs.
Trump Administration shortens TPS validity period for Haitian nationals
On February 20, 2025, the Secretary of Homeland Security partially vacated the Biden Administration’s extension and redesignation of Temporary Protected Status (“TPS”) for Haiti. TPS grants foreign nationals of the designated country a period of authorized stay that protects them from deportation and enables them to apply for employment authorization. The partial vacatur shortened Haitian nationals’ TPS validity period by six months to August 3, 2025.
Any links to the announcements or Federal Register Notices to include in these topics?
State Department will no longer issue U.S. passports with “x” sex marker.
As directed by Executive Order 14168, the State Department issued guidance clarifying that they will no longer issue U.S. passports of Consular Reports of Birth Abroad with an “x” sex marker. All passports and Consular Reports of Birth Abroad moving will have either an “M” or “F” sex marker, based on the individual’s assigned sex at birth.
Technical issues with visa application website
The National Visa Center (“NVC”)’s Consular Electronic Application Center (“CEAC”) is currently experiencing technical issues with its online system that is preventing some individuals from completing their visa applications. The NVC is trying to fix the issue, but in the meantime, the NVC will not accept documents submitted outside of the CEAC.
State Department narrows eligibility for nonimmigrant visa interview waivers
On February 18, 2025, the State Department rescinded the Biden Administration’s expansion of nonimmigrant visa interview waivers. The only individuals now eligible for a nonimmigrant visa interview waiver are for diplomacy-related visa categories and those who had a visa in the same category that expired less than a year before the new application. Individuals must also apply in their country of nationality or residence, have never been refused a visa, and have no ineligibility issues. Consular officers can also still require an in-person interview.
Visa Bulletin Update
The Department of State publishes a monthly Visa Bulletin which identifies all immigrant visa “preference” categories and indicates whether a backlog exists for each one. The categories are separated into two charts: a “Final Action” chart and a “Dates for Filing” chart for both family and employment-based immigration.
USCIS has determined that the Dates for Filing chart must be used in March 2025. EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin.
In the March 2025 Visa Bulletin, the State Department advanced Final Action dates for employment-based cases by 2-8 weeks for most noncitizens in the 2nd, 3rd, 4th, and Other Workers categories. There were no changes in the EB-1 category.
The employment-based Final Action date advancements are as follows:
EB-1: no change
EB-2:
o Mexico, Philippines, and All Other: advanced 6 weeks
o China: advanced 16 days
o India: advanced 6 weeks
EB-3:
o Mexico, Philippines, and All Other: no change
o China: advanced 1 month
o India: advanced 6 weeks
Other Workers:
o Mexico, Philippines, and All Other: advanced about 7 weeks
o China: no change
o India: advanced almost 8 weeks
Link: Visa Bulletin For March 2025
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
H-1B Cap Season Registration
The H-1B Cap Registration period will run from Friday, March 7, 2025 at 12pm Eastern Time to Monday, March 24, 2025 at 12pm Eastern Time. Cap-subject employers seeking to file an H-1B petition for a foreign national employee(s) starting in Fiscal Year 2026 must create an online account and electronically register their employee(s) on the website during the registration period. Employers should submit their registration(s) as soon as possible given the registration website’s technical issues in previous years.
After the registration period ends, USCIS will run the H-1B cap lottery and will notify employers of the results via their online account. In previous years, USCIS has notified employers of the lottery results before the H-1B cap filing period window began on April 1.
International Travel Risk: Travel Bans Might Return in March
A January 2025 Executive Order directed the Secretary of State, Attorney General, Secretary of Homeland Security, and the Director of National Intelligence to submit to the President within 60 days (by March 20, 2025) a report identifying countries with deficient vetting procedures and a list of foreign nationals from these countries who have entered since the start of the Biden Administration. The Trump Administration might use this report as justification for imposing a new round of travel bans, which could begin after the report’s submission.
These potential travel bans impose a risk on foreign nationals travelling internationally before the report submission because foreign nationals might not be allowed to re-enter the United States under the travel ban(s). Foreign nationals should not partake in unnecessary international travel during this time.
Practice Alert: USCIS Begins Streamlined Physician National Interest Waiver I-485 Processing
AILA was invited to an engagement with USCIS to discuss progress on physician national interest waivers (PNIWs), including streamlining PNIW-based I-485s internally. Concerns were raised by a USCIS policy change, requiring the filing of the Form I-693 with the Form I-485 in all cases.
Trump’s Other Immigration Actions
Birthright Citizenship: on January 20, 2025, President Trump announced Executive Order 14160, “Protecting the Meaning and Value of American Citizenship,” which aimed to end birthright citizenship for babies born on U.S. soil to certain noncitizens who are undocumented or have temporary immigration status. In response, Massachusetts Attorney General Andrea Joy Campbell filed a lawsuit with 13 other states challenging the order. Within four days of the Executive Order, a federal district court judge in Seattle, WA said the Executive Order was “blatantly unconstitutional” and issued a temporary restraining order preventing the order’s enforcement. The district court will hear arguments on February 6, 2025 regarding a more permanent injunction against the order’s enforcement while the case proceeds through the district court.
This Executive Order is expected to fail. Birthright Citizenship is explicitly written into the Fourteenth Amendment of the Constitution and cannot be rescinded without amending the Constitution. President Trump issued a similar Executive Order during his first administration, which was also not enforced due to its unconstitutionality.
Laken Riley Act: On January 29, 2025, President Trump signed into law the Laken Riley Act, which requires the Department of Homeland Security to detain undocumented noncitizens who are accused of burglary, theft, larceny, shoplifting, assaulting a police officer, or any crime that causes death or serious bodily injury. A conviction in a criminal proceeding is not required for detention. The Act also gives state attorney generals the right to sue the US Attorney General or the Secretary of Homeland Security if they allow noncitizens into the U.S. who later cause harm to the state or its residents. The Laken Riley Act revises six statutes within the Immigration and National Act of 1952, a redlined version of which is available here.
TPS Extension for Venezuelans rescinded: On January 28, 2025, the Secretary of the Department of Homeland Security vacated the Biden Administration’s notice that extended Temporary Protected Status (TPS) for Venezuelans. TPS for Venezuelans will now end on September 10, 2025 instead of October 2, 2026.
“Mass deportations:” ICE agents are raiding businesses and arresting undocumented noncitizens throughout the United States, including in sanctuary cities like New York, NY and Chicago, IL. President Trump also issued an internal memo directing ICE to “quickly deport” noncitizens to whom President Biden had granted humanitarian parole, a type of temporary authorization that allows noncitizens to remain in the United States. It is unclear what legal authority ICE would use to “quickly deport” these noncitizens.
Mexican border “metering” is back: The Trump Administration has shut down the CBP One app, the phone application that the Biden Administration created for asylum seekers to schedule an appointment at the US-Mexico border. In its place, President Trump announced on January 21, 2025 that he would reinstate the Migrant Protection Protocols, more widely known as the Remain in Mexico or “metering” program. This policy required asylum seekers who were fleeing persecution in their home countries to wait in Mexico until they could get a U.S. immigration court hearing. Many asylum seekers had to live in makeshift camps along the border and were vulnerable to targeting by drug cartels.
Sanctuary cities under scrutiny: The Justice Department has ordered federal prosecutors to investigate public officials who are interfering with President Trump’s immigration polices and has warned officials that they could be prosecuted if they refuse to cooperate with the Trump Administration. The Congressional Oversight Committee has also requested that the mayors of Boston, Chicago, Denver, and New York City provide them with documents and communications regarding their sanctuary policies, and has also called the mayors to testify in a committee hearing regarding their policies.
More troops at U.S.-Mexico border: President Trump has directed 1,500 military troops to the U.S.-Mexico border to assist CBP with border security. The troops will first assist with building physical barriers to prevent border crossings.
Refugee admissions suspended indefinitely: On January 20, 2025, President Trump announced the “Realigning the United States Refugee Admissions Program,” which suspended all refugee application processing until further notice.
Expedited removal extended to entire U.S.: On January 24, 2025, The Trump Administration expanded expedited removal actions to allow CBP to quickly deport noncitizens anywhere in the United States who entered within the past two years and cannot present valid immigration documentation. Under the Biden Administration, CBP could only use expedited removal for noncitizens apprehended within 100 miles of the border who entered the U.S. within the past two weeks.