Immigration - General

TakeawaysThe U.S. Supreme Court held that the Fourteenth Amendment guarantees birthright citizenship to nearly all children born in the United States, regardless of their parents’ immigration statusThe Court held that Executive Order (EO) 14160, which sought to deny citizenship at birth to certain children born to parents who were unlawfully present or present in temporary immigration statuses, was unconstitutional The decision reaffirms more than a century of constitutional precedent interpret…

USCIS Updates TPS-Related EAD Expirations On July 1, 2026, the United States Citizenship and Immigration Services (USCIS) released updates extending the expiration dates of employment authorization documents (EAD) related to Temporary Protected Status (TPS) for nationals from the following countries: Haiti, Burma, Somalia, Yemen, Syria, Ethiopia, and South Sudan. tgelbman@littler.com Wed, 07/01/2026 - 15:33

On June 30, 2026, the Supreme Court of the United States struck down President Donald Trump’s Executive Order 14160 in Trump v. Barbara, No. 25-365 , reaffirming that the Fourteenth Amendment of the U.S. Constitution grants automatic birthright citizenship to virtually all children born on United States soil, regardless of their parents’ immigration status.

On June 25, 2026, the Supreme Court of the United States ruled that the U.S. Department of Homeland Security (DHS) may proceed with terminating the Temporary Protected Status (TPS) designations for Haiti and Syria, holding that federal courts may not review most challenges to how those decisions are made.

On June 23, 2026, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would noticeably increase the fees U.S. Citizenship and Immigration Services (USCIS) charges for naturalization applications.

Supreme Court Rules DHS Has Authority to End TPS for Foreign Nationals of Haiti and Syria On June 25, 2026, the U.S. Supreme Court held in Mullin v. Doe (along with consolidated companion case, Trump v. Miot ) that the Trump administration's decision to end Temporary Protected Status (TPS) for foreign nationals from Haiti and Syria could stand. tgelbman@littler.com Thu, 06/25/2026 - 17:10

The Supreme Court of the United States’ opinion in Blanche v. Lau , No. 25-429 (June 23, 2026), reshapes how border officers may treat returning green card holders suspected of having committed offenses that would render them inadmissible. The ruling is important for lawful permanent residents (LPRs) planning international travel.

How can employers prepare for a potential workplace visit by Immigration and Customs Enforcement? How can employers prepare for a potential workplace visit by Immigration and Customs Enforcement (ICE)? Even without advance notice, employers can take meaningful steps now to be ready for a potential ICE workplace visit. ehubert@littler.com Tue, 06/09/2026 - 15:39

On June 5, 2026, a federal court in Rhode Island vacated and set aside a U.S. Citizenship and Immigration Services (USCIS) freeze on adjudication of immigration benefit request applications, including work permits and green cards, for applicants from nearly forty countries subject to the administrat

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum ( PM-602-0199 ) reaffirming that Adjustment of Status (AOS) under Section 245 of the Immigration and Nationality Act (INA) is “a matter of discretion and administrative grace”—an extraordinary form of r

On May 11, 2026, U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) formally codifying the agency’s authority to deny (not just reject) immigration benefit requests found to contain invalid signatures after acceptance. The rule takes effect on July 10, 2026.

DOL Proposed Rule Seeks Higher Prevailing Wages Levels for Foreign Workers The U.S. Department of Labor is scheduled to issue a proposed rule that would increase and re-adjust the “prevailing wage” levels for key employment-based immigration sponsorship programs. The prevailing wage rate refers to t

U.S. Citizenship and Immigration Services (USCIS) published a new edition of Form I-129, Petition for Nonimmigrant Worker, on February 27, 2026, in connection with the wage-weighted H-1B lottery process taking effect this year. Petitioners must use the new form for any petition postmarked on or afte

As immigration enforcement actions continue to rise, employers can prepare for inspections and minimize disruptions to their operations. This article summarizes steps employers can take before and during a U.S. Immigration and Customs Enforcement (ICE) inspection, as well as when employees are absen

9th Circuit Finds DHS Overstepped in Terminating TPS On January 28, 2026, the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s decision in National TPS Alliance v. Noem , that Department of Homeland Security (DHS) Secretary Kristi Noem overstepped her authority by vacating the

On Dec. 31, 2025, the U.S. District Court for the Northern District of California vacated the Department of Homeland Security’s (DHS) decisions to terminate Temporary Protected Status (TPS) for Honduras, Nicaragua, and Nepal, finding that the terminations violated the Administrative Procedure Act (A

Determining Work Authorization for Employees on TPS and Humanitarian Parole – Updated January 15, 2026 The Trump administration has enacted significant policy changes impacting individuals authorized to work under various immigration programs, including Temporary Protected Status (TPS), humanitarian

U.S. Customs and Border Protection (CBP) has proposed significant updates to its Electronic System for Travel Authorization (ESTA) application process. ESTA is an automated system that determines the eligibility of visitors to travel to and enter the United States (by air, sea, or land) under the Vi

The Department of State is expected to pause consular immigrant visa processing for nationals of 75 countries starting Jan. 21, 2026, according to multiple public reports. This development represents a significant expansion of the Trump Administration’s efforts that include more intensive screening

On January 12, 2026, U.S. Citizenship and Immigration Services (USCIS) published a final rule that will increase fees associated with its Premium Processing Service. The increased fees will take effect on March 1, 2026, and are based on inflation measured from June 2023 through June 2025.