Current Events, News, Alerts and More

Client Alert: Reports of Increased Detention at U.S. Airports for Individuals Traveling Domestically - There has been multiple reports of

an  increase in DHS detentions at U.S. airports during domestic travel, including individuals with pending adjustment of status or asylum applications, valid employment authorization, or advance parole documents.  Please be aware of the substantial risks associated with this type of travel.   

DOS Establishes New Birth Tourism Prevention Task Force – The Department of State has established a Birth Tourism Prevention Task Forceto “[review] the activities of visa holders worldwide to identify instances of birth tourism, take action to revoke visas of those who engage in or facilitate it, and dismantle the networks that profit from this abuse.”

Ukrainian and Sudanese TPS Beneficiaries ‘Retain Protection’ Despite Expiration, For Now – The Department of Homeland Security told media outlets that more than 100,000 Temporary Protected Status (TPS) beneficiaries from Ukraine and Sudan would be able to stay in the United States and “retain protection,” despite their TPS expiring on October 19, until a final decision is “made at the appropriate time.”

CDC and CBP Announce Ebola-Related Attestation Requirement for Air Passengers Arriving in United States – The Centers for Disease Control and Prevention, and U.S. Customs and Border Protection’s Carrier Liaison Program, announced an attestation requirement for air passengers arriving in the United States related to the Ebola outbreak in Africa.

Overruling Precedent, BIA Now Says Leaving United States Temporarily Under Advance Parole Constitutes ‘Departure’ – The Board of Immigration Appeals has ruledthat the term “departure” under the Immigration and Nationality Act does not include an exception for persons who leave the United States temporarily with a grant of advance parole.

DHS Issues Interim Rule on Mandatory Electronic Filing – The interim final rule will allow U.S. Citizenship and Immigration Services to require mandatory electronic filing of certain benefit requests.

DHS Finalizes Rule Eliminating Duration of Status for F, J, and I Nonimmigrants – The Department of Homeland Security released its long-anticipated final rule changing the admission period in the F, J, and I classifications from duration of status to admission for a fixed time period tied to the nonimmigrant’s program.

Supreme Court Increases Re-Entry Risks for Green Card Holders With Criminal History – The Court ruled 6-3 that border officers do not need clear and convincing evidence of a crime at the time of re-entry to reclassify a returning green card holder as applying for admission for the first time.

Warning: Fake USCIS Web Pages – Practitioners are warning U.S. Citizenship and Immigration Services (USCIS) users about fake web pages that may pop up when a person is navigating to or within the USCIS website. Here is example of a fake URL: uscisdhs-gov.us

DOS Announces Temporary Pause on Certain Visas for Nationals of 75 Countries – The Department of State announced a temporary pause on the issuance of immigrant visas (green cards from overseas) for nationals of 75 countries, effective January 21, 2026.

President Expands Full and Partial Travel Ban List –   President Trump issued a Presidential Proclamation  expanding travel restrictions. The new proclamation applies to individuals who are outside of the United States as of January 1, 2026, and do not have a valid visa.

Full Ban

Added to the original list of countries named in the earlier ban (Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen) are the new countries under the "full" ban (Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria) and individuals holding Palestinian Authority-issued or endorsed travel documents.

Partial Restrictions

The proclamation also continues "partial" restrictions for immigrants (green card applicants) and nonimmigrants (temporary visa applicants) in the visitor/tourist category (B-1, B-2, B-1/B-2), student categories (F and M), and exchange visitor category (J) for several countries (Burundi, Cuba, Togo, Venezuela, and Turkmenistan (nonimmigrant Turkmenistan nationals on B-1, B-2, B-1/B-2, F, M, and J visas no longer face any travel restrictions, but entry to the United States of Turkmenistan nationals as immigrants remains suspended).

 
ABIL: Tips for International Travelers Entering the United States   – Travel to the United States has gotten trickier in recent months.  Below is a summary of tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States:

·        Make sure all of your documents are in order and have not expired, and that you do not have a renewal application pending. Consult with an immigration attorney before traveling for advice in specific situations.

·        Consider not entering the United States now if your country is on a proposed "red" list of travel ban countries, which includes Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.

·        Remember that U.S. Customs and Border Patrol officers have wide leeway at ports of entry to decide who enters and who does not, regardless of visa status, and to conduct electronic searches. They can require travelers to unlock cell phones, reveal laptop passwords, or give officers their digital cameras, for example. U.S. citizens and green card holders can refuse to answer questions (other than those establishing identity and status) and still enter the country (although this could lead to delays or seizure of devices), but those with visas do not have the same rights. The American Civil Liberties Union of Northern California advises not giving up your green card voluntarily. Some advise turning off phones and wiping data from all devices before passing through a port of entry.

·        If your device is confiscated, request the name, badge number, and agency of the officer, and ask for a receipt or call the agency to request one.

·        Keep your immigration attorney's contact information handy, along with contact information for a local friend. If it appears that you might be going into secondary inspection, you can text your friend and ask them to get in touch with your immigration attorney.

·        Keep in mind that in the past, rejected travelers were often put on the next plane out, but more recently, some have been detained for days, weeks, or more.

·        Check your home country's travel advisories and warnings before traveling. Consider deferring travel to or from the United States if not necessary.

·        If you are referred to secondary inspection, request an interpreter if needed and available. There ordinarily will be a transcript (official record) of the questions and answers also.