Visa Lawyer Blog

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In President Trump’s latest legal battles, a federal judge from the U.S. District Court of Massachusetts has dealt a blow to the administration’s plans to fast-track the deportations of thousands of undocumented migrants with final orders of removal.

Today, federal judge Brian Murphy issued a nationwide temporary restraining order immediately blocking U.S. Immigration and Customs Enforcement (ICE) from deporting migrants from the United States to countries with which they have no existing relationship, without first providing them written notice and a meaningful opportunity to claim relief under the Convention Against Torture (CAT) for immigrants fearing persecution.

This decision was made in response to a lawsuit filed by a group of migrants challenging ICE policies that expedite the removal of undocumented immigrants released from detention to third countries.

The judge’s court order specifically prohibits the U.S. government from:

“Removing any individual subject to a final order of removal from the United States to a third country, i.e., a country other than the country designated for removal in immigration proceedings, UNLESS and UNTIL [the government] provide[s] that individual, and their respective immigration counsel, if any, with written notice of the third country to where they may be removed, and UNTIL Defendants provide a meaningful opportunity for that individual to submit an application for CAT protection to the immigration court, and if any such application is filed, UNTIL that individual receives a final agency decision on any such application.”

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america-41776_1280It has been quite a whirlwind in the two months since President Trump has taken office.

From mass deportations to interrogations at U.S. ports of entry, the White House has delivered on their campaign promises to limit immigration by any means necessary.

Now we are learning that immigration enforcement is about to get even tougher for those in removal proceedings.

The Internal Revenue Service (IRS) is now cooperating with Immigrations and Customs Enforcement (ICE) to help officers verify the names and residential addresses of undocumented immigrants they are trying to deport from the United States.

Three government officials recently spoke with New York Times reporters revealing that the tax agency will be helping facilitate Trump’s mass deportations.

This shift in policy is extremely concerning given that thousands of undocumented immigrants provide information about where they are living when filing tax returns with the IRS using individual taxpayer identification numbers (ITINs) instead of Social Security numbers.

Initially, the IRS had refused Trump’s requests to hand over the residential addresses of undocumented immigrants in removal proceedings because federal law prohibits improper disclosure.

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statue-of-liberty-9275095_1280Today March 21, 2025, the Department of Homeland Security (DHS) released an advance copy of a notice in the Federal Register ending four Biden-era parole programs for Cuba, Haiti, Nicaragua, and Venezuela (CHNV).

When

The temporary parole period of aliens in the United States under the CHNV parole programs will terminate on April 24th (30 days from the date of the notice’s publication in the Federal Register)

Parolees without a lawful basis to remain in the United States following this termination of the CHNV parole programs must depart the United States before the program’s termination date.

Who will be impacted

Nationals from Cuba, Haiti, Nicaragua and Venezuela who flew to the U.S. under Biden’s CHNV humanitarian parole program.

Parolees granted admission under CHNV were given a temporary two-year parole period to remain in the U.S., work authorization, and protection from deportation. The purpose of the program was to reduce illegal immigration at the southern border and provide alternative legal avenues.

Approximately 532,000 nationals entered the United States using this program.

Termination of Employment Authorization Documents

Parole-based employment authorization for CHNV parolees will also automatically terminate on April 24th and will be revoked pursuant to 8 CFR 274a.14(b).

Expedited Removal

Following parole termination, DHS intends to promptly remove aliens who entered the United States under the CHNV parole programs, who do not depart the United States before their parole termination date and who do not have any lawful basis to remain in the United States.

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judge-7602999_1280Last week the United States Citizenship and Immigration Services (USCIS) released a new policy memorandum that requires the agency to initiate removal proceedings after it denies an application for an immigration benefit, if the foreign national is no longer lawfully present in the United States.

Importantly, the memo exempts certain individuals including beneficiaries of employment-based petitions, but it does not exempt dependent family members.

The memorandum also broadens USCIS’s authority to begin removal proceedings for certain foreign nationals with previous criminal charges, arrests, or convictions.

It is effective immediately.

How will USCIS implement this policy?

Under this policy, USCIS will initiate removal proceedings against a foreign national by issuing a Notice to Appear (NTA) after it has denied an application for an immigration benefit, if the foreign national no longer has a lawful basis to remain in the United States.

The issuance of a Notice to Appear (NTA) commences removal (deportation) proceedings in immigration court. Those who are issued an NTA must appear on the scheduled date before a judge who will decide whether the foreign national has a lawful basis to remain in the country or should be removed.

Traditionally, Notices to Appear (NTAs) have been issued by Immigration Customs and Enforcement (ICE) and Customs and Border Protection (CBP) officials.

However, USCIS also has the authority to issue NTAs in limited circumstances defined in policy memorandums issued by the agency.

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international-2693195_1280-1The first 30 days of the Trump administration have involved dismantling Biden-era immigration protections including ending Temporary Protected Status (TPS) for Venezuelans, and now Haitians.

Before leaving office, the former Secretary of the Department of Homeland Security Alejandro Mayorkas had extended Temporary Protected Status (TPS) protections for Haiti for an 18-month period (until February 3, 2026).

Acting under the Trump administration, today DHS Secretary Kristi Noem partially vacated the Mayorkas extension reducing it from 18 months to 12 months.

As a result, Haiti’s TPS extension and new designation will end on August 3, 2025, instead of February 3, 2026, unless extended by the Trump administration.

First-time registration for Haitians seeking TPS protections will remain in effect until August 3, 2025, instead of February 3, 2026.

DHS said in a statement that by taking action it was making good on its promise to “rescind [Biden] policies that were magnets for illegal immigration,” highlighting that TPS is meant to provide only “temporary” immigration status to certain nationals from countries facing ongoing armed conflict, environmental disasters, and other extraordinary conditions.

The statement went on to say, “for decades the TPS system has been exploited and abused. For example, Haiti has been designated for TPS since 2010. The data shows each extension of the country’s TPS designation allowed more Haitian nationals, even those who entered the U.S. illegally, to qualify for legal protected status.”

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Attribution mollyktadams

U.S. Congresswoman Sylvia Garcia of the state of Texas is leading a renewed push to create a pathway to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients. Currently, DACA recipients are allowed to renew their DACA benefits but the future of the program remains uncertain.

Following a meeting with the Congressional Hispanic Caucus, Garcia urged President Trump to work with lawmakers on passing the American Dream and Promise Act. This piece of legislation was originally introduced in 2021 and was refiled in 2023, but the bill failed to gain approval from lawmakers.

The bill would give 10-year conditional permanent resident status to qualifying individuals who entered the United States as minors. Eligible candidates must pass background checks, prove that they have continuously lived in the U.S. since 2021, and be enrolled in school or have graduated. Among those who would benefit are those who are deportable or inadmissible, have deferred enforced departure, temporary protected status, or are children of “certain classes of nonimmigrants.”

As of September 2024, there were roughly 538,000 DACA beneficiaries in the United States. Another 3.6 million arrived in the U.S. as children but do not have protections. The Trump administration has remained largely silent on how it will approach the DACA program.

As we watch closely for more concrete developments, we encourage DACA recipients to meet with their attorneys to discuss potential legal avenues. These include employment-based non-immigrant visas, 245(i) eligibility for adjustment of status for those who qualify, and other screening.

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donald-2911302_1280La administración Trump planea revocar la libertad condicional CHNV dejando a miles sin estatus legal

En un sorprendente giro, CBS News ha publicado nueva información sobre planes inminentes de la administración Trump para revocar el estatus legal de aquellos a quienes se les concedió un permiso de permanencia temporal en el país a base de los programas para los cubanos, haitianos, nicaragüensens, y venezolanos (conocidos como CHNV).

Se estima que más de 530,000 cubanos, haitianos, nicaragüenses y venezolanos se encuentran actualmente en los EE. UU. bajo estos programas.

¿Qué es la permanencia temporal CHNV?

El programa de permanencia temporal CHNV fue promulgado por primera vez en 2023 por la administración Biden. Al igual que el programa de permanencia temporal de “Unidos por Ucrania,” los ciudadanos de los países que calificaban (Cuba, Haití, Nicaragua y Venezuela) debían tener un patrocinador en los EE. UU., pasar verificaciónes de seguridad, y cumplir con otros criterios para obtener la admisión a los EE. UU.

A los admitidos se les concedió la entrada a los EE. UU. por un período temporal de hasta dos años, incluyendo la capacidad de solicitar autorización de empleo temporal con el Servicio de Ciudadanía e Inmigración de los EE. UU. (USCIS).

Después de la orden ejecutiva firmada por el Presidente Trump titulada “Asegurando Nuestras Fronteras,” el dia 28 de enero USCIS dejó de aceptar el Formulario I-134A, solicitud para ser patrocinador para estos programas de permanencia temporal a la espera de revisiones adicionales.

Esta fue la primera señal de problemas para el programa CHNV. También vale la pena destacar que la página web de permanencia temporal CHNV ya no está disponible en el sitio web de USCIS.

Aviso del DHS Para Revocar CHNV

Según documentos internos del gobierno revisados ​​por CBS News, el Departamento de Seguridad Nacional pronto publicará un aviso en el Registro Federal poniendo un fin a los programas de permanencia temporal de CHNV y revocando el estado de permanencia temporal de todos a quienes se les concedió la entrada a los Estados Unidos bajo los programas de permanencia temporal de CHNV.

Estas personas serán sometidas a un proceso de deportación si no tienen ningún otro fundamento legal para permanecer en el país.

Qué significa esto:

  • Aquellos cuya clasificación de permanencia temporal sea revocada y que no tengan otro estatus migratorio, serán inmediatamente inelegibles para permanecer en los Estados Unidos y ya no podrán trabajar de manera legal.
  • Deportaciones aceleradas: El Departamento de Seguridad Nacional ha ampliado los procedimientos de deportación acelerada, dirigidos a personas sin estatus legal
  • Vías legales alternativas: aquellos en los EE. UU. bajo permanencia temporal CHNV deben explorar vías legales alternativas para permanecer en los EE. UU. o prepararse para partir.

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donald-2911302_1280Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status

In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?

The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV

According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means: 

  • Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
  • Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
  • Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

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venezuela-162459_1280The Department of Homeland Security (DHS) has revoked an extension of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden, leaving more than 600,000 Venezuelans who are already in the United States in legal limbo. The extension would have provided benefits to Venezuelans through October 2, 2026.

As a result, the 2023 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will last through at least April 2, 2025.

Those who are registered under the 2021 Venezuela TPS designation will have TPS protection through at least September 10, 2025.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS extensions for Venezuelan nationals.

What this means

According to a notice which is set to be published in the Federal Register on February 3, 2025, Venezuela’s 2021 and 2023 designations for Temporary Protected Status (TPS) will revert to their prior expiration dates as follows:

  • 2023 Venezuela TPS Designation: TPS is valid for current beneficiaries through April 2, 2025. DHS will need to determine whether to extend Venezuela’s 2023 designation by the deadline of Saturday, February 1, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than April 2nd)
  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries through September 10, 2025. A decision on whether to extend this designation must be made by DHS by July 12, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than September 10th).

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american-flag-2054414_1280This week President Trump unleashed a fresh barrage of executive orders targeting illegal immigration and antisemitism in the United States.

Executive Order Expanding Migration Operations at Guantánamo Bay

Among these orders, on January 29th the President signed, “Expanding Migration Operations Center at Naval Station Guantánamo Bay,” unveiling his administration’s plans to use a migrant holding facility at the U.S. naval base in Guantánamo Bay, Cuba, to house more than 30,000 migrants deported from the United States.

The White House has said the naval station will soon be operating at its full capacity to detain “high priority” criminal aliens unlawfully present in the United States, and to “address attendant immigration enforcement needs,” identified by the Department of Defense and the Department of Homeland Security.

Immigration advocates have questioned the optics of this decision due to Guantánamo Bay’s sordid history. Once a processing center for asylum seekers and HIV-positive refugees, it has been well known for its detainment of notorious terrorists and unlawful enemy combatants such as the 9/11 mastermind Khalid Sheikh Mohammed. This decision has raised alarm due to Guantanamo’s unfit conditions and frequent human rights violations reported to international human rights organizations.

Despite these criticisms, the White House has said that deported migrants held in Guantánamo will not be detained in the same U.S. military prison where foreign terrorists are being held. Instead, migrants will be placed in a separate holding facility previously used to detain migrants intercepted at sea.

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