Visa Lawyer Blog

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Flickr: Creative Commons Attribution Gage Skidmore

Despite major Democratic victories in the 2026 midterm elections, the Trump administration is expected to continue its aggressive immigration enforcement policies, according to recent reports from the Associated Press.

The appointment of Stephen Miller as White House chief of staff signals that the administration intends to maintain its focus on mass deportations, ICE arrests, and restrictions on legal immigration.

ICE officials have been instructed to target approximately 19,000 arrests per week, or 2,700 per day, up from a previous target of 2,000 daily arrests. The Department of Homeland Security has confirmed that immigration enforcement operations will not slow down.

Meanwhile, Democrats will take control of both chambers of Congress in January 2027, giving them expanded authority to investigate ICE operations, hold oversight hearings, issue subpoenas, and propose restrictions on immigration enforcement funding.

However, their ability to significantly change immigration policy remains limited. President Trump retains veto power, and Congress previously approved approximately $150 billion in immigration enforcement funding, including resources for detention facilities, border security, and additional deportation officers.

Democratic lawmakers are also considering broader immigration reforms, including potential pathways to citizenship for certain undocumented immigrants and expanded legal immigration opportunities.

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On November 1, 2026, a new federal lawsuit, Ivannikov v. Rubio (Case No. 2:26-cv-12783), was filed in the U.S. District Court for the Central District of California, challenging the Trump administration’s failure to open registration for the Diversity Visa (DV) Lottery Program.

The lawsuit was filed by Ivan Ivannikov, a Russian national residing in Los Angeles, against Secretary of State Marco Rubio. It seeks to compel the U.S. Department of State to open registration for both the DV-2027 and DV-2028 lottery programs.

The complaint alleges that the government’s failure to administer the program constitutes unlawful agency delay and violates the Administrative Procedure Act. It asks the court to require registration periods of at least 30 days for both programs and to process applications from individuals subsequently selected.

Background: Previous Court Ruling Temporarily Blocked

The new lawsuit follows an October 14, 2026, preliminary injunction ordering the State Department to reopen DV-2027 registration by November 1, 2026.

However, on October 29, 2026, the Ninth Circuit Court of Appeals temporarily blocked that order while the government’s appeal proceeds, citing legal deficiencies concerning the plaintiff’s ability to bring the earlier lawsuit.

Unlike the previous lawsuit, which was filed by an immigration law firm, the new case is brought by an individual who claims he is personally eligible to participate in the lottery.

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On October 23, 2026, U.S. District Judge Frimpong issued a preliminary injunction ordering U.S. Immigration and Customs Enforcement (ICE) and Border Patrol agents to stop detaining individuals solely based on their perceived Latino ethnicity or working-class appearance.

The ruling, issued in Vasquez Perdomo v. Mullin, follows extensive evidence presented by the American Civil Liberties Union (ACLU) and other civil rights advocates, including body-camera footage, internal communications, and testimony from individuals detained during immigration enforcement operations, including U.S. citizens.

The injunction applies to seven Southern California counties: Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo.

Under the order, immigration agents must have individualized reasonable suspicion supported by specific facts before conducting an investigative detention. An individual’s ethnicity or appearance alone cannot justify a stop. The injunction includes exceptions for ports of entry, checkpoints, and their functional equivalents.

The decision follows an earlier injunction that the U.S. Supreme Court temporarily blocked in 2025. The Department of Homeland Security has denied allegations of racial profiling, and the federal government has appealed the latest ruling.

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cytis-passport-2642170-scaledThe Trump administration has significantly slowed the naturalization process, with 73% fewer citizenship applications decided over the past year.

These delays are leaving thousands of immigrants waiting longer to become U.S. citizens.

US Citizenship and Immigration Services’ latest quarterly data show it decided around 71,000 cases between April and June 2026, compared to around 265,000 during the same period last year.

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The Trump administration’s 75-country immigrant visa pause may be over following a federal court ruling, but thousands of previously refused applications remain unresolved.

In an October 5, 2026 court filing, the State Department revealed that only 706 affected applications were adjudicated between August 21 and September 30. Of those, just 318 were approved for visa issuance or resulted in visas being issued.

These figures highlight the slow progress in addressing more than 43,000 applications previously refused solely under the pause.

With no firm deadline for reconsideration, federal litigation may be an important option for applicants seeking to move their cases forward.

Key Highlights

  • The 75-country immigrant visa pause was struck down on August 21, 2026.
  • More than 43,000 applications were previously refused solely under the policy.
  • Between August 21 and September 30, only 706 affected applications were adjudicated, with 318 approved for issuance or issued and 388 refused under other immigration provisions.
  • Applicants whose visas were previously refused are not guaranteed automatic reconsideration within a specific timeframe.
  • Federal lawsuits, including mandamus actions, may offer a way to challenge unreasonable delays and seek action on previously refused applications.

What Do the Latest Visa Processing Statistics Reveal?

The State Department’s October 5 court filing in CLINIC v. Rubio provides a clearer picture of how slowly visa processing has progressed since the pause was lifted.

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lenahelfinger-november-5650851-scaledThe U.S. Department of State has released the November 2026 Visa Bulletin, announcing several significant changes to employment-based and family-sponsored immigrant visa categories.

This month’s bulletin features one-year advancements in several family-sponsored categories for Worldwide, China, and India, alongside more modest employment-based gains. No retrogressions are reported.

Which Chart Will USCIS Use in November 2026?

For November 2026, USCIS will use the Dates for Filing chart for both:

  • Family-sponsored preference categories
  • Employment-based preference categories

Eligible applicants may use these charts to determine whether they can file Form I-485, Application to Register Permanent Residence or Adjust Status.

The Final Action Dates chart continues to determine when immigrant visas are available for final approval.

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rtanvir-ukraine-7096789_1280Thousands of Ukrainian and Sudanese immigrants will retain their Temporary Protected Status (TPS) protections for now, despite their current designations being scheduled to expire on October 19, 2026.

On October 18, 2026, the U.S. Department of Homeland Security (DHS) confirmed to CBS News that existing TPS beneficiaries from both countries will remain protected while the agency considers whether to formally extend or terminate their designations.

According to DHS, final decisions will “be made at the appropriate time.” Until then, affected beneficiaries will “retain protection.”

What Is Temporary Protected Status (TPS)?

TPS is a humanitarian immigration program that allows eligible nationals of designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions to temporarily remain in the United States.

Individuals granted TPS generally receive protection from deportation and may obtain employment authorization. However, TPS does not automatically provide a pathway to permanent residency.

What Is Changing for Ukraine and Sudan?

In January 2025, DHS extended TPS for both Ukraine and Sudan for 18 months, from April 20, 2025, through October 19, 2026.

The extensions were based on continuing armed conflict and dangerous conditions preventing nationals from safely returning to their home countries.

According to CBS News, DHS has now confirmed that existing beneficiaries will retain their protections while the agency determines the future of the programs.

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glopezr-wheel-2121197_1280A federal judge has ordered the U.S. Department of State to reopen registration for the Fiscal Year (FY) 2027 Diversity Visa (DV) Lottery, commonly known as the Green Card Lottery, following delays and suspension of the program.

On October 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction requiring the State Department to resume the DV-2027 program and establish a new registration timeline.

Key Dates and Deadlines

Under the court’s order, the State Department must:

  • October 29, 2026: Publicly announce the registration dates, official application website, and eligibility requirements.
  • November 1, 2026: Open DV-2027 lottery registration for a period of 30 days.
  • December 3, 2026: Notify individuals selected through the lottery.
  • September 30, 2027: Continue processing eligible DV-2027 immigrant visa applications until this date or until the annual visa allocation is exhausted, whichever occurs first.

Why Was the Lottery Suspended?

The State Department initially announced changes to the DV-2027 registration process in November 2025. The program was subsequently paused in December 2025, resulting in legal challenges seeking to restore lottery registration.

The federal court’s preliminary injunction requires the government to move forward with the program while litigation continues.

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mohamed_hassan-cash-3242592The Department of Homeland Security (DHS) and Department of Justice (DOJ) have finalized a rule making it easier and faster for the government to impose civil monetary penalties for certain immigration violations.

The rule applies to noncitizens who:

  • Willfully fail or refuse to leave the United States after a final removal order
  • Fail to depart within the time permitted under a voluntary departure order or
  • Are apprehended while unlawfully entering or attempting to enter the United States.

The rule does not create entirely new penalties. Instead, it changes the procedures DHS uses to impose existing fines.

How Much Are the Fines?

Current penalties can include:

  • $100 to $500 for unlawful entry or attempted entry;
  • Approximately $1,992 to $9,970 for failure to comply with voluntary departure; and
  • Up to $998 per day for willfully failing to depart after a final removal order.

Because some penalties accrue daily, the total amount can grow to hundreds of thousands of dollars or even exceed $1 million in long-running cases.

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mohamed_hassan-exam-3588192_1280The Department of Homeland Security (DHS) has proposed a major change to the Optional Practical Training (OPT) program for F-1 international students.

Under a proposed rule published on October 8, 2026, schools would be required to pay a $70,000 fee the first time an F-1 student is recommended for OPT. A $30,000 fee would apply to each subsequent OPT recommendation, including a STEM OPT extension.

For example, an F-1 student who completes 12 months of post-completion OPT and then receives a 24-month STEM OPT extension could generate $100,000 in total fees—$70,000 for the initial OPT period and another $30,000 for the STEM extension.

Who Would Pay the Fee?

Technically, the SEVP-certified school, not the student or employer, would be responsible for paying the fee before the school’s designated school official (DSO) could recommend the student for OPT.

However, DHS acknowledges that schools could pass some or all of that cost on to the F-1 student, other students, or employers.

The fee would be connected to the school’s OPT recommendation, not to a particular employer. Changing employers alone would therefore not trigger another fee.

Why Is DHS Proposing the Change?

DHS says the new fees are intended to reduce fraud and abuse in the OPT program, strengthen immigration enforcement and program integrity, and address concerns about the impact of OPT employment on U.S. workers.

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