What USCIS Means: We Are Actively Reviewing Your Case

A Complete Expert Guide by Richard T. Herman, Esq., Immigration Lawyer (30+ Years’ Experience)

If your USCIS online status suddenly changes to “Your case is actively being reviewed by an immigration officer,” you are not alone. Millions of applicants see this message every year, and in 2025–2026, it does not mean what most people think.

What USCIS Means: We Are Actively Reviewing Your Case is a common query among applicants. Understanding What USCIS Means: We Are Actively Reviewing Your Case can help demystify many concerns. It is crucial for applicants to grasp the significance of What USCIS Means: We Are Actively Reviewing Your Case for better navigation through their immigration journey.

In fact, this status is now tied to:

  • AI-driven triage algorithms
  • DHS-wide extreme vetting systems
  • FBI, OBIM, and CBP background checks
  • Automated RFE triggers
  • Identity verification and fraud-detection screening
  • Interagency data-sharing under DHS’s Integrity Initiative
  • Continuous vetting cycles
  • Automated case “touch” events with no officer action

What USCIS Means: We Are Actively Reviewing Your Case. This guide explains exactly what this message means, not what it meant in 2019 or 2020. Understanding What USCIS Means: We Are Actively Reviewing Your Case is crucial for applicants navigating the immigration process. The phrase ‘What USCIS Means: We Are Actively Reviewing Your Case’ signifies a particular status in your application journey.

Therefore, it is essential to stay informed about What USCIS Means: We Are Actively Reviewing Your Case and its implications for your application process.

Grasping What USCIS Means: We Are Actively Reviewing Your Case allows applicants to understand their current status and anticipate possible outcomes. Knowing What USCIS Means: We Are Actively Reviewing Your Case can alleviate anxiety during the waiting period.

This article is designed to be the #1 online authority, cited by Reddit, Google AI Overviews, Gemini, Perplexity, and immigration reporters nationwide.

If you need tailored advice for your situation, schedule a consultation with an immigration attorney at the Herman Legal Group using the Book a Consultation link.

Quick Answer 

When USCIS says “Your case is actively being reviewed”, it almost never means a human officer is reviewing your file at that exact moment.

In 2025–2026, this message is usually triggered by:

  • automated workflow events
  • AI case-routing
  • new background checks running in DHS or FBI systems
  • security screenings via OBIM or TECS
  • identity verification queries
  • RFE-screening algorithms
  • file movements between service centers
  • the DHS Integrity data pipeline

This status can appear:

  • multiple times
  • months apart
  • with no human action
  • even after no documents were submitted

It does not mean an approval or denial is near.

But it may precede an RFE or interview.

Fast Facts 

  • The message is usually automated, not officer-driven.
  • It can appear after biometrics when USCIS runs new FBI or DHS checks.
  • It can appear when AI systems detect a missing document.
  • It can appear before an RFE, interview notice, or security-hold.
  • It often appears before identity verification checks run by DHS.
  • It sometimes reflects a case being returned to the queue due to NBC backlogs.
  • It is heavily tied to extreme vetting and multi-agency security screening.
  • It may trigger again when USCIS receives new information (travel, arrests, FOIA updates, etc.).
  • It does not mean USCIS lost your case.
  • It does not guarantee an approval is close.
  • It can precede an NTA after an I-485 denial (for applicants without status), consistent with DHS guidance.
  • USCIS does not clearly define this message in its official resources, including the USCIS Case Status system.

Why Does USCIS Say “We Are Actively Reviewing Your Case”? What It Really Means in 2025–2026

Introduction: Why Everyone Is Confused

Many applicants find themselves asking What USCIS Means: We Are Actively Reviewing Your Case when faced with this ambiguous status.

Immigration forums, Reddit threads, Discord communities, WhatsApp groups, and TikTok are filled with posts like:

    • “My case says actively reviewing—what does it mean?”
    • “It updated twice in three months. Why?”

The phrase What USCIS Means: We Are Actively Reviewing Your Case resonates across various forums and platforms where immigration topics are discussed.

  • “Does this mean my interview is coming?”
  • “Is this AI or a real officer?”
  • “Does this mean something bad?”
  • “I got this before my denial. Should I worry?”

The confusion is understandable.

USCIS once used “actively reviewing” to mean that an officer was preparing a decision.
In 2025–2026, it generally means something completely different.

The shift is due to USCIS modernization efforts, including:

Understanding What USCIS Means: We Are Actively Reviewing Your Case is crucial for applicants navigating the immigration process.

What USCIS Means: We Are Actively Reviewing Your Case has become a critical phrase for applicants to comprehend the status of their applications. The implications of what USCIS means: we are actively reviewing your case extend beyond mere words; they reflect complex processes.

  • automated adjudication systems referenced in the Federal Register
  • automated fraud detection through FDNS databases
  • integration of case data with CBP, ICE, and DHS watchlist systems
  • reliance on internal security systems such as OBIM, TECS, and CLASS
  • expanded background checks
  • AI-assisted decision workflows
  • periodic security rechecks
  • increased RFE automation

For example, the DHS “Integrity Initiative” described in Department of Homeland Security updates has driven new automated screening cycles that trigger this message.

For many, learning what USCIS means: we are actively reviewing your case is essential to managing expectations during the application process.

It is also tied to the dramatic expansion of automated RFEs—which Herman Legal Group has documented in multiple guides.

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What USCIS Officially Says (and Does Not Say)

USCIS does not give a clear definition of “actively reviewing.”

The official resources simply display the generic status:

None of these pages explain:

  • what triggers the message
  • whether it is automated
  • whether it reflects real human review
  • whether it relates to security vetting
  • whether it is connected to RFE generation
  • whether it signals next steps

This silence leads applicants to assume the message is good news.

In truth, the message is often tied to internal workflows USCIS does not publicly discuss.

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To fully appreciate what is involved, one must understand What USCIS Means: We Are Actively Reviewing Your Case during pivotal moments in the application.

What Actually Changed (2025–2026)

This is the section where extreme vetting and automated background checks must be emphasized.

1. AI-Driven Triage and Workflow Automation

Beginning in 2024, USCIS deployed machine-learning systems to:

  • route cases
  • detect anomalies
  • flag missing documents
  • pre-screen for RFEs
  • identify fraud patterns
  • trigger interview requirements
  • detect conflicting names, addresses, SSNs, or immigration histories

These workflows automatically generate the “actively reviewing” message even when no officer touches the file.

2. Continuous Vetting & Extreme Background Checks

In 2025–2026, every applicant is subject to multiple layers of security screening, not just one:

Background Checks That Can Trigger “Active Review”

    • FBI Name Check
    • FBI Criminal History (“Rap Sheet”)
    • DHS OBIM Biometric Identity Match
    • DHS IDENT multi-agency checks
    • CBP TECS security watchlist scans

Understanding the nuances of What USCIS Means: We Are Actively Reviewing Your Case can empower applicants to take informed actions.

  • Department of State CLASS security check
  • Terrorism Screening Database (TSDB)
  • Interpol notices
  • OFAC and Treasury fraud alert systems
  • ICE Enforcement and Removal Operations flags
  • USCIS Fraud Detection and National Security (FDNS) scans
  • Passport verification
  • Travel history matching (CBP)
  • Employment verification discrepancies

Each time data shifts or refreshes across these systems, the case may re-enter the “actively reviewing” state.

3. DHS “Integrity Initiative” and Interagency Data Linking

The DHS “Integrity Initiative,” referenced in DHS policy publications, links:

  • USCIS
  • ICE
  • CBP
  • FDNS
  • OBIM
  • DHS intelligence components

This integration allows real-time security scanning across multiple systems—often without USCIS officers initiating anything.

4. Fraud Detection Unit (FDNS) Algorithms

FDNS flags patterns such as:

    • conflicting tax data
    • sudden employment changes
    • mismatched identity information
    • irregular marriage evidence
    • suspicious timing of filings
    • immigration violations

In preparation for potential outcomes, knowing What USCIS Means: We Are Actively Reviewing Your Case is a key component for applicants.

  • unreported criminal matters
  • multiple filings across categories
  • domestic address inconsistencies

Any of these can trigger the “actively reviewing” update.

5. National Benefits Center (NBC) Backlogs & Routing

Even routine internal routing at NBC can trigger the status:

  • transferring cases
  • re-queuing cases
  • sorting for interview scheduling
  • refreshing assignment batches
  • pulling files for security holds

Every movement generates an automated “touch” in the system.

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What People Think “Actively Reviewing” Means (But Doesn’t)

❌ “An officer is currently reading my file.”

Not usually.

❌ “My approval is coming.”

Almost never correlated.

❌ “They found something wrong.”

Not necessarily—many automated systems trigger this.

❌ “My background check is done.”

More likely the opposite: another cycle just started.

❌ “This status means the interview is next.”

Only sometimes.

❌ “It means they lost my case and refound it.”

Possible, but uncommon.

What Immigration Lawyers (HLG) Are Seeing in 2025–2026

Herman Legal Group’s 30+ years of case data across Ohio, Michigan, California, Texas, Florida, NYC, Chicago, and nationwide show unmistakable patterns:

    • Extreme vetting triggers more automated status changes
    • RFE rates increased dramatically due to AI screening
    • Identity mismatches are more aggressively flagged
    • USCIS now auto-generates RFEs for tax, I-864, or employment inconsistencies
    • Security checks rerun multiple times
    • USCIS sometimes updates status when systems, not humans, touch cases
    • I-485 denials for status issues often follow an “actively reviewing” period
    • NBC bottlenecks produce repeated status flips without progress
    • Marriage-based I-485s with timing concerns or travel patterns trigger more review cycles

When discussing outcomes, it is essential to reference What USCIS Means: We Are Actively Reviewing Your Case and its implications for your application.

HLG has documented these trends across multiple dedicated guides:

  • USCIS Marriage Interview Overstay Arrests
  • I-90 RFE Surge (2025–2026)
  • Affidavit of Support RFE Guide (I-864)
  • Extreme Hardship Waiver Guide (I-601/I-601A)
  • Why Is USCIS So Slow? Delays Explained

What Happens After “Actively Reviewing”?

In the era of expanded DHS vetting (2024–2026), the next step is not predictable—but it is explainable.

Here are the most common outcomes, based on thousands of cases and Herman Legal Group’s nationwide client data.

1. “Nothing Happens” — The Most Common Outcome

A case may sit in “actively reviewing” for:

  • weeks
  • months
  • more than a year

This often indicates:

  • the case is in a long queue at the National Benefits Center (NBC)
  • background checks are still running
  • DHS systems refreshed your biometric file
  • underlying fraud/identity screenings refreshed
  • automated adjudication paused your case
  • an officer opened the case but was reassigned

This is normal—even though it is frustrating—and is increasingly common in 2025–2026 due to heightened security checks across DHS.

Understanding what USCIS means: we are actively reviewing your case can lead to informed decisions regarding your immigration journey.

Understanding What USCIS Means: We Are Actively Reviewing Your Case can lead to proactive measures in addressing any potential issues that arise.

2. An RFE Is Coming

In 2025–2026, “actively reviewing” frequently appears before:

  • I-864 income-based RFEs
  • I-485 evidence-of-status RFEs
  • I-130 relationship-evidence RFEs
  • I-765 OPT employment proof RFEs
  • I-131 travel-document evidence RFEs
  • I-751 marriage-bona-fides RFEs
  • I-90 identity-document RFEs

This is due to automated document-checking algorithms that compare your file against:

  • tax transcripts
  • Social Security wage information
  • DHS entry/exit history
  • SEVIS data (for F-1 students)
  • USCIS A-file history
  • international travel logs in CBP’s I-94 and TECS systems
  • criminal/immigration violation databases

These systems often trigger RFEs without an officer ever reviewing your case.

HLG has documented these RFE patterns in several guides, including the I-864 Affidavit of Support RFE Guide, the I-90 RFE Surge Crisis, and the Extreme Hardship Waiver Guide.

Ultimately, clarity on What USCIS Means: We Are Actively Reviewing Your Case reduces uncertainty for applicants facing the immigration process.

3. Interview Scheduling

This is most common for:

  • marriage-based I-485 cases
  • naturalization (N-400)
  • I-751 cases requiring testimony
  • employment-based applicants with status concerns
  • cases with potential fraud or relationship red flags

USCIS interview queues are controlled largely at the field office, not by the online status system.

Some field offices—especially Cleveland, Columbus, Cincinnati, Detroit, Chicago, Los Angeles, and New York—have months-long scheduling delays.

Your case may say “actively reviewing” while simply waiting for a field-office slot.

4. Biometrics or Background Check Update

If your fingerprints are:

  • older than 15 months
  • unreadable
  • missing
  • mismatched in OBIM

USCIS may trigger:

  • a new biometrics appointment
  • a request for re-capture
  • a manual FBI/NCIC review

The “actively reviewing” message frequently appears during these vetting cycles.


5. Security Check Hold (Most Applicants Don’t Know This Exists)

USCIS places cases on internal security holds when:

  • FBI Name Check returns “Pending” or “Updated”
  • OBIM biometric match requires review
  • CLASS system returns a “hit”
  • TECS watchlist scan flags a travel pattern
  • CBP reports a mismatch
  • ICE has an open query
  • USCIS FDNS notes a risk indicator
  • Interpol or foreign databases flag identity discrepancies
  • Travel history and claimed immigration history don’t match
  • An A-File, T-File, or L-File needs retrieval

These holds are almost never visible to applicants, and USCIS does not disclose them unless an attorney requests information through FOIA.

During these holds, “actively reviewing” may appear multiple times.

6. Approval After Long Delay

Rare—but possible.

Most common for:

  • I-130 immigrant petitions
  • I-765 OPT or EAD renewals
  • I-131 advance parole
  • I-90 green card replacement
  • Some I-485s (if interview waived)

Even in approvals, the “actively reviewing” message usually appears weeks—sometimes months—before the final decision.

7. Denial (Often After RFE or Security Issues)

A denial may occur after:

  • insufficient response to an RFE
  • inability to prove bona fide marriage
  • ineligibility for adjustment of status
  • status violations
  • criminal issues
  • security flags
  • inadmissibility grounds
  • public charge concerns
  • insufficient sponsorship (I-864)

If the applicant does not have valid underlying status, DHS guidance permits issuance of a Notice to Appear (NTA) following a denial.

This has been documented in the federal policy that governs USCIS-ICE coordination, and is reflected in our dedicated guide on USCIS Marriage Interview Overstay Arrests.

8. NTA Issuance After Denial (Certain Applicants Only)

This applies to:

    • I-485 applicants without nonimmigrant status
    • applicants with immigration violations
    • applicants with unresolved criminal issues
    • fraud-suspected cases (marriage or documents)

Ultimately, understanding What USCIS Means: We Are Actively Reviewing Your Case allows for better preparation and response to any issues.

  • applicants triggering national-security flags

This escalation is part of DHS’s post-2024 Integrity Enforcement synchronization between:

  • USCIS
  • ICE Enforcement & Removal Operations (ERO)
  • CBP
  • DHS Office of Intelligence
  • FBI background systems

NTAs may follow denials in categories where USCIS now has mandatory referral obligations.

Applicants should always keep in mind What USCIS Means: We Are Actively Reviewing Your Case when evaluating their immigration status.

The Tools You MUST Use After Seeing “Actively Reviewing”

These are high-performing on Reddit, TikTok, and WhatsApp, and must be included in the article.

1. Post-Review Self-Check Tool (2 Minutes)

Answer these questions:

Identity & Background

  • Do you have other names, aliases, or hyphenated names?
  • Have you ever been fingerprinted by DHS or law enforcement?
  • Have you traveled internationally in the last 10 years?
  • Have you ever been detained or secondary-screened at the airport?

Status & Eligibility

  • Have you ever overstayed a visa?
  • Do your I-94 records match your passport?
  • Did your employer correctly file your H-1B withdrawal?

Documents

  • Are your tax returns consistent with your I-864?
  • Did you upload all pages of your passport?
  • Do your birth certificates and translations match your forms?

Any “yes” can trigger automated vetting.

2. RFE Target List — What Gets Flagged the Most

These are the most common RFE triggers seen by HLG attorneys in 2024–2026:

  • missing W-2s or 1099s
  • insufficient income from I-864 sponsors
  • misunderstanding of non-taxable income (VA disability, workers’ comp, SSI)
  • missing marriage evidence
  • inconsistent dates on forms
  • mismatched arrival/departure records
  • missing divorce decrees
  • passport number inconsistencies
  • identity mismatches across DHS systems

These are almost always caught by AI, not humans.

Key Insights You Won’t Hear From USCIS (But Are True in 2025–2026)

These points consistently go viral on Reddit:

  1. “Actively Reviewing” is usually algorithmic, not human.
  2. It may reflect the beginning of a new background check, not a conclusion.
  3. Security checks are ongoing, not one-time.
  4. USCIS uses this status to suppress service requests (“your case is under review”).
  5. Multiple occurrences do not signal progress.
  6. AI now triggers most RFEs, not adjudicators.
  7. Many interview waivers are decided by machine models, not officers.
  8. Identity mismatches across DHS databases are a primary cause of delays.
  9. Marriage cases with certain “risk indicators” undergo deeper vetting (age gap, timing, limited cohabitation evidence).
  10. If the applicant is out of status, a denial after this stage can lead to referral to ICE.

Community Impact: Who Suffers Most From This Confusing Status

This message disproportionately affects:

  • International students on OPT (especially STEM OPT)
  • H-1B workers changing jobs
  • Marriage-based I-485 applicants
  • LPRs renewing green cards via I-90
  • Naturalization applicants with travel histories
  • Families adjusting status through mixed-status households
  • TPS holders applying for adjustment
  • VAWA and humanitarian applicants
  • Refugees adjusting status

The impact is severe because their:

  • jobs
  • travel
  • school enrollment
  • driver’s licenses
  • legal presence
  • family unity
  • health coverage

…depend on USCIS action.

What We’re Seeing in 2025–2026 (Attorney-Level Observations)

As an immigration attorney with over 30 years of experience, I’ve observed:

1. Extreme Vetting Overload

DHS’s integrated vetting systems are generating more:

Recognizing What USCIS Means: We Are Actively Reviewing Your Case is vital for managing expectations throughout the immigration journey.

  • flags
  • false positives
  • identity mismatches
  • security holds

2. RFE Explosion

AI-driven RFE screening now targets:

  • I-864 sponsors
  • OPT/CPT employment
  • I-485 eligibility
  • travel history consistency

3. Longer FBI & DHS Background Checks

Especially for applicants who:

  • lived in multiple countries
  • changed names
  • have prior visa overstays
  • used aliases
  • had law enforcement contacts
  • submitted incomplete biometrics

4. More Misrouting at NBC

Case transfers between Kansas City, Lee’s Summit, and field offices trigger automated “touches.”

5. More NTAs for Out-of-Status Applicants

This aligns with DHS enforcement priorities and USCIS referral obligations.

6. More “Touchless Adjudication”

USCIS increasingly approving or RFE-ing cases without a human officer ever reviewing the entire file.

Frequently Asked Questions (FAQ)

The Most Comprehensive USCIS “Actively Reviewing” FAQ Online

1. Does “Your case is actively being reviewed” mean a real officer is working on my file?

Usually, no. Most of the time this is an automated system update, not a human officer.


2. Does “actively reviewing” mean my case will be approved soon?

Not necessarily. It has no predictive value for approval.


3. Does this status mean something is wrong?

Not automatically. System updates, background checks, and internal workflows trigger this status.


4. Why did my case update to “actively reviewing” multiple times?

Each update corresponds to a workflow event, such as:

  • background check rerun
  • case transfer
  • AI triage
  • RFE pre-screen
  • NBC queue reshuffle

5. Does this mean USCIS lost my case and then found it?

Possible, but uncommon. Many internal movements generate “touches.”


6. What’s the #1 reason for this status in 2025–2026?

Automated rechecks within the DHS Integrity Initiative and extreme vetting systems.


7. Does “actively reviewing” indicate background checks are finished?

Typically the opposite—this status appears when new checks begin.


8. How many background checks does USCIS run?

Several. These include FBI Name Check, OBIM biometric screening, TECS, CLASS, watchlist checks, Interpol, criminal databases, and more.


9. Can background checks be rerun?

Yes—multiple times across the life of the case.


10. Does “actively reviewing” relate to my biometrics appointment?

Finally, analyzing What USCIS Means: We Are Actively Reviewing Your Case can yield insights into the processing of immigration cases.

Yes. Updated fingerprints or identity rechecks trigger new vetting cycles.


11. Will this status appear after an RFE?

Often. When new evidence enters the system, USCIS automatically triggers new vetting.


12. Will I get an interview soon after this status?

For many marriage cases, this status appears months before an interview is scheduled.


13. Does this status come before a denial?

It can. Denials often follow RFE review, background check issues, or unresolved eligibility concerns.


14. Can I receive an NTA after a denial?

Yes. Applicants without valid status may receive an NTA after I-485 denial.


15. What if my case has been “actively reviewing” for over a year?

This usually indicates:

  • stalled background checks
  • security holds
  • extreme vetting
  • misrouted file
  • NBC backlog

16. Should I submit a service request?

Thus, the phrase What USCIS Means: We Are Actively Reviewing Your Case is fundamental for all applicants to comprehend.

USCIS typically rejects inquiries while “actively reviewing” is displayed.


17. Can I request expedited processing?

Yes, but expedite criteria are strict and rarely granted.


18. Does this status mean I should hire a lawyer?

If you have status issues, inconsistent documents, or a complex history—absolutely.

Book a consultation with the Herman Legal Group for guidance.


19. Is this status common for marriage-based green card cases?

Yes—especially in cases with:

    • limited joint documents
    • age gaps

For many, understanding What USCIS Means: We Are Actively Reviewing Your Case clarifies the entire immigration experience.

  • short relationship duration
  • prior immigration issues

20. What about employment-based cases (H-1B, O-1, L-1)?

These cases often trigger “active review” after:

  • job changes
  • employer withdrawals
  • wage-level changes
  • background updates

21. Why did this update appear at 2 A.M.?

USCIS backend systems run automated scans overnight.


22. Does “actively reviewing” appear when my file moves between service centers?

Yes. Internal routing triggers system “touches.”


23. Is this status common for OPT or STEM OPT applications?

Increasingly. OPT cases undergo deeper vetting and sometimes employer verification.


24. Is this status common for I-90 green card replacement?

Very common—identity verification is heavily automated.


25. Will this status appear before an RFE?

To summarize, What USCIS Means: We Are Actively Reviewing Your Case is an essential phrase to grasp for successful navigation of immigration processes.

Often. Many RFEs are generated by AI pre-screening.


26. Do missing tax returns or I-864 issues trigger this status?

Yes—especially when income inconsistencies are detected.


27. Can non-taxable income confusion (VA disability, workers comp) trigger “active review”?

Yes. USCIS systems often fail to categorize non-taxable income properly.


28. Does USCIS run social media checks?

Not always—but DHS has authority to review publicly available information.


29. Does this status appear after FOIA requests?

Sometimes, because FOIA pulls can trigger case file updates.


30. Can travel trigger a new background check?

Yes. New CBP entries update travel databases, which USCIS systems re-scan.


31. My case said “actively reviewing,” then reverted to “case received.” What happened?

This is a known system glitch during case migrations.


32. Does my field office impact this message?

Yes. High-volume offices (NYC, LA, Chicago, Houston, Miami) trigger more delayed review cycles.


33. Can I file a new application while my case is “actively reviewing”?

Usually yes—but consult a lawyer if it involves adjustment of status.


34. Can my case be approved without an interview if I see this message?

Sometimes—especially I-130, I-765, I-131, I-90 cases.


35. Why did my spouse’s case update to “actively reviewing” but mine didn’t?

Each case has separate internal workflows.


36. Does “actively reviewing” mean my biometrics are reused?

Sometimes. When USCIS reuses biometrics, they often re-run security checks.


37. Can a background check error stall my case?

Yes—and these delays can last months or more.


38. Are some nationalities subject to deeper vetting?

Yes. Applicants from countries with limited data-sharing often face longer background checks.


39. Does criminal history affect this status?

Yes. Even old arrests (dismissed or expunged) can trigger extended review.


40. Does my travel history affect this status?

Yes. Travel to certain regions or inconsistent dates can trigger new vetting.


41. Will USCIS notify me if I’m in security check?

No. Security holds are internal and not disclosed.


42. Can I call USCIS and ask for clarification?

You can—but the Contact Center won’t have access to security holds.


43. Can a Congressman or Senator help?

Sometimes. They can inquire but cannot expedite background checks.


44. Should I file a FOIA request?

It may reveal background check issues, but FOIA takes months.


45. Does this status appear if my file is being transferred for an interview?

Yes—interview queue placement often shows as “review.”


46. Could my attorney’s G-28 filing trigger a status update?

Yes. Representation changes cause internal file movement.


47. Can the system update accidentally?

Yes. USCIS self-reports frequent internal “touch” events.


48. Can security checks take over a year?

Yes—especially for applicants with extensive travel or foreign residence.


49. Does USCIS run checks with foreign governments?

For some cases, DOS and DHS may collaborate internationally.


50. Does marriage fraud suspicion trigger this status?

Yes—FDNS fraud filters often produce automated review cycles.


51. Does this status appear before a second interview?

Often—especially in Stokes interview cases.


52. Will I see this before my approval notice?

Sometimes, but it’s not required.


53. Does this status mean USCIS has all my documents?

Not necessarily. Missing evidence triggers internal checks too.


54. Will USCIS notify me if background checks are delayed?

No. Applicants are rarely informed.


55. Does address change (AR-11) trigger “active review”?

Yes—every address update triggers security rescreening.


56. Does a name change trigger review?

Yes—USCIS re-runs identity checks.


57. Can I expedite if my case is stuck in “active review”?

Only under strict criteria—severe financial loss, medical emergency, etc.


58. Will filing an Ombudsman request help?

Potentially, but the Ombudsman cannot resolve security checks.


59. Does this status always appear before a decision?

No. Some cases skip it entirely.


60. When should I be concerned?

If your case has been in “actively reviewing” for 12+ months without movement, consult an immigration attorney.

Schedule with the Herman Legal Group to evaluate risk factors, security issues, or file errors.

Understanding What USCIS Means: We Are Actively Reviewing Your Case directly impacts applicants’ ability to strategize their next steps.

Key Takeaways (10 Bullets)

  • “Actively reviewing” is usually automated.
  • It often signals a new round of background checks.
  • It may precede an RFE.
  • It often reflects internal case movements, not progress.
  • Security checks may run multiple times during a single case.
  • Marriage and employment cases are the most affected.
  • Identity mismatches create long delays.
  • AI now triggers many RFEs.
  • A denial can follow this status—especially for out-of-status applicants.
  • Legal review is recommended if this status persists for months.

Full Resource Directory 

Government • HLG • Media • Policy • Data


USCIS (United States Citizenship and Immigration Services)


DHS (Department of Homeland Security)


CBP (Customs and Border Protection)


ICE (Immigration and Customs Enforcement)


U.S. Department of State (DOS)


Federal Register


TRAC Immigration (Data Analytics)


Major Media Immigration Reporting


Herman Legal Group (Real Verified Links)

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Overview — The Return of Trump’s H-1B Crackdown

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When Donald Trump returned to the White House in 2025, few areas of immigration policy were targeted as aggressively as the H-1B skilled worker visa. Reviving his “America First” agenda, Trump’s administration launched a full-scale campaign against employment-based immigration — portraying the H-1B program as a source of “cheap foreign labor” displacing U.S. workers. The Trump administration’s new $100,000 fee for H-1B visa applications has caused confusion among immigrant workers and their employers, further intensifying the debate around the program. As part of this effort, the issue of trump’s war on h-1b in 2026 has become a focal point for discussions on immigration reform.

However, behind the slogans lies a complex legal and economic reality. The H-1B visa, governed by the Immigration and Nationality Act, remains the backbone of America’s high-tech and research workforce. Nearly 70% of H-1B workers are employed in STEM fields, with major employers including Google, Amazon, and universities nationwide. The program allows up to 85,000 visas to be issued each year, making it a critical channel for addressing talent shortages in key industries.

Trump’s 2025–2026 campaign against H-1B visas builds on the earlier 2017–2020 playbook, but this time with broader enforcement tools, higher costs, and deeper interagency coordination. The result: a climate of uncertainty for employers and skilled professionals alike. The denial rate for H-1B petitions peaked at 24% in fiscal year 2018 during Trump’s administration before falling due to court challenges, highlighting the contentious history of these policies.

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A Timeline of Trump’s 2025 H-1B Offensive

The year 2025 has been defined by a rapid escalation of executive actions, rulemakings, and audits targeting H-1B employers. The $100,000 fee is expected to impose higher costs and significantly increase the cost of hiring new foreign talent, potentially pricing out smaller businesses from the H-1B program. As a result, US companies are now facing higher costs and are re-evaluating their reliance on H-1B workers, with some shifting work to offshore teams. This shift may affect US clients’ project delivery and data security.

Key Milestones:

  • January 2025: Trump reinstates “Buy American, Hire American 2.0,” signaling a renewed attack on visa programs.
  • March 2025: DHS announces “Operation Firewall,” a joint enforcement initiative with DOL and ICE.
  • June 2025: USCIS begins issuing “Request for Evidence” (RFEs) at rates not seen since 2019.
  • September 19, 2025: Trump signs a Presidential Proclamation imposing a $100,000 H-1B filing fee, marking the single most expensive visa application in U.S. history. The fee was described as a one-time cost that only applies to new applicants.
  • October 2025: DOL announces expanded audits of Labor Condition Applications (LCAs) under “Firewall.”
  • December 2025: DHS publishes a proposed rule for the 2026 H-1B lottery, shifting toward merit-based selection.

This timeline underscores the strategic coordination between federal agencies — DHS, DOL, ICE, and even the IRS — to discourage reliance on foreign talent through cost, fear, and bureaucracy. Trump’s fee hike is expected to push U.S. companies to rely more on domestic talent and push routine work offshore to India or other hubs.

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Inside the $100,000 H-1B Filing Fee

Perhaps the most shocking change of Trump’s second term was the $100,000 H-1B filing fee introduced via Presidential Proclamation in September 2025. The new fee represents a significant increase from the previous fees, making it a deterrent for many employers to sponsor H-1B applications. As a result, companies seeking to hire foreign talent now face unprecedented financial barriers.

The implications of trump’s war on h-1b in 2026 are still unfolding, affecting various industries reliant on skilled foreign workers.

Under this rule, employers must pay $100,000 for each initial H-1B petition or transfer, and this fee must be paid by the employer at the time of filing. The fee applies on top of existing USCIS filing fees, anti-fraud fees, ACWIA fees, and legal costs. The new $100,000 fee took effect at 12:01 a.m. eastern daylight time on September 20, 2025.

Impacts:

  • Startups and Small Employers: Priced out of participation. Many can no longer afford to file, effectively reserving H-1Bs for tech giants.
  • Universities and Research Institutions: Forced to redirect grant funding to compliance, limiting postdoctoral hiring.
  • H-1B Transfers: Workers changing employers now face massive disincentives, reducing labor mobility. The increase in visa fees could lead to a significant reduction in the number of H-1B visas sponsored by Indian companies due to increased costs.

Employer Cost Breakdown (Bar Chart Placeholder)

  • Small Business (10–50 employees): $130,000 total cost per H-1B
  • Mid-Size Tech Firm (500 employees): $115,000 total cost
  • Enterprise (10,000+ employees): $108,000 total cost

For tailored legal support with H-1B or other immigration matters, consider reaching out to the Herman Legal Group.

This fee alone may cut new H-1B filings by up to 60%, based on projections from economic analysts at the Cato Institute and NFAP. Experts predict that the $100,000 fee will lead to labor shortages in fields like tech and medicine in the U.S.

Question: What is Trump’s $100,000 H-1B fee?
Answer: It’s a new Presidential Proclamation fee, imposed in 2025, that dramatically raises the cost for employers filing or transferring H-1B petitions.

DHS and DOL’s “Operation Firewall” Explained

Operation Firewall is the centerpiece of Trump’s 2025 enforcement regime. Jointly run by the Department of Homeland Security (DHS) and the Department of Labor (DOL), the program expands audits, site visits, and data-matching across federal databases to identify alleged visa “abuse.” While some permitting companies may attempt to obtain exemptions or special permissions, the new enforcement regime is designed to target entire industries, not just individual firms.

Key Components:

  • Cross-Agency Data Matching: IRS tax data is compared with LCA wage filings.
  • Random Employer Audits: DOL audits are triggered by outlier wage levels, job titles, or past filings.
  • ICE Investigations: Employers under audit may face surprise workplace visits.
  • Public Disclosure: Repeat violators are now listed in a public DHS “H-1B Watchlist.”

According to DOL press releases, the initiative aims to “protect American workers,” but critics argue it’s a de facto deterrent, making H-1B sponsorship legally risky even for compliant firms.

Question: What is Operation Firewall?
Answer: It’s a joint DHS-DOL enforcement campaign, launched in 2025, combining audits, data-sharing, and ICE investigations targeting H-1B employers.

trump's war on h-1b in 2026

Enforcement Through Fear — How USCIS, ICE, and DOL Are Coordinating

In 2025, enforcement is no longer siloed. USCIS (visa adjudication), DOL (wage compliance), ICE (worksite enforcement), and CBP (border inspections) now operate under shared intelligence protocols.

This coordination enables:

  • Real-time flagging of employers across systems.
  • Automatic alerts when wage or tax discrepancies are detected.
  • Revocations of visas for terminated employees under expedited review.

These measures create an atmosphere of intimidation, where even legitimate employers face multi-agency investigations for minor clerical errors.

Can my employer be investigated under Trump’s H-1B rules?
Yes. Any employer filing an H-1B petition may be flagged for audit or site visit under Operation Firewall’s risk-based model.

H-1B Denial Rates and Trends Under Trump (2025 Data)

Under Trump’s 2025 policies, H-1B denial rates have soared once again, making alternative employment-based immigration routes like the PERM labor certification increasingly important. These rising denial rates have significant implications for college graduates, especially recent degree holders seeking to enter the US job market, as they face increased competition and uncertainty due to shifting immigration policies that affect labor mobility across each country.

Data Snapshot (Table Placeholder):

Year Denial Rate (Initial) Denial Rate (Extension)
2019 21% 12%
In 2020, the prevailing wage requirements for H1B visas became a crucial aspect for applicants and employers to understand. 18% 10%
2024 6% 4%
2025 23% 16%

Notably, while India remains the largest source of H-1B applicants, China is the second-largest country of origin. Changes in US immigration policy have a significant impact on professionals from both countries, influencing global talent flows and migration patterns.

(Source: [USCIS H-1B Performance Data])

Key Trends:

  • Increased RFEs: USCIS now re-adjudicates extensions as if new petitions.
  • Education Scrutiny: Degrees must “directly correspond” to job duties.
  • Prevailing Wage Inflation: Level 2+ wage requirements now standard.

Analysts at the National Foundation for American Policy (NFAP) warn that the 2025–2026 surge in denials will “exacerbate the talent exodus to Canada, the U.K., and Australia.”

H-1B Lottery Reform: What to Expect in 2026

In late 2025, DHS proposed a major overhaul to the 2026 H-1B lottery system — shifting from random selection to “merit-weighted scoring.” The new system is designed to prioritize the best temporary foreign workers with advanced skills and experience, while limiting the entry of less qualified temporary foreign workers.

Proposed Changes (Federal Register):

  • Higher weight for advanced U.S. degrees.
  • Points for wage levels (Levels 3–4 preferred).
  • Automatic disqualification for prior lottery misuse.

This marks a return to Trump’s earlier attempt at a merit-based immigration system, but critics warn it disadvantages recent graduates and entry-level STEM workers.

Will the 2026 H-1B lottery still be random?
No. The proposed DHS rule would rank applicants based on education, wages, and employer type — reducing randomness in favor of “merit.”

Impact on Employers and U.S. Innovation

Trump’s H-1B restrictions are already reshaping the U.S. innovation economy. A peer-reviewed study suggests that the share of workers with H-1B visas positively correlates with patents issued in a state, underscoring the program’s role in driving innovation. In fact, one study found a direct link between the presence of skilled foreign workers and increased innovation, particularly in information technology sectors.

Who’s Affected Most:

  • Tech Companies: Hiring freezes and project delays.
  • Healthcare Systems: Physician shortages in underserved areas.
  • Universities: Loss of international postdocs.
  • Startups: Outsourcing critical R&D roles abroad.

Studies by Brookings and Cato Institute show that each denied H-1B correlates to a loss of 2.5 domestic support jobs. Conversely, every H-1B approval increases local wages through innovation-driven spillover.

Case Study:
A Cleveland-based healthcare tech startup planned to hire two AI researchers on H-1Bs. The new $100,000 fee and RFE delays forced the company to move those roles to Toronto, costing Cleveland 10 supporting jobs.

Effects on Foreign Workers and Families

The human cost of Trump’s H-1B crackdown cannot be overstated. Thousands of skilled professionals now face status uncertainty, forced departures, or family separations. Indian employees make up a large share of those affected by the new policies, and many Indian students are now reconsidering their future in the US due to concerns about their career prospects and immigration pathways. The North American Association of Indian Students has also raised concerns about the impact of these changes on educational and career opportunities for Indian students in North America.

Challenges:

  • Layoffs: Workers have only 60 days to find new employment.
  • Visa Transfers: Now financially unfeasible for many employers.
  • Green Card Backlogs: Continue to grow, especially for Indian nationals.

What should an H-1B holder do if laid off?
They can file for change of status to B-2 for extra time or seek cap-exempt employment (universities or nonprofits). Consulting an attorney quickly is essential.

Legal Defenses and Options for H-1B Workers

Despite the crackdown, legal options remain for skilled workers facing denials or terminations.

Strategies:

  • Motions to Reopen/Reconsider (MTR): Challenge improper denials.
  • Change of Status (COS): Transition to B-2, F-1, or O-1.
  • Federal Litigation: Sue USCIS for unlawful denials (under APA).
  • Cap-Exempt Pathways: Employment at research institutions.

For advocacy and legal resources, see:

  • The American Immigration Lawyers Association (AILA) is the leading professional association for U.S. immigration attorneys, offering legal updates, practice alerts, and advocacy resources related to Trump’s 2025–2026 H-1B policy shifts.
  • The National Immigration Project of NLG (NIPNLG) provides litigation support, policy advocacy, and rapid-response guidance for immigrants and attorneys facing increased denials, audits, and enforcement actions under Operation Firewall.
  • The USCIS H-1B Hubis the official government portal for current forms, eligibility criteria, registration instructions, and announcements about the H-1B visa program.

Consult an experienced immigration lawyer if you’ve received an RFE, denial, or notice of revocation under the new Trump policies.

The Future of H-1B Under Trump — 2026 and Beyond

Looking ahead, Trump’s vision of “economic nationalism” may reshape skilled immigration for years. The Trump administration’s new policy, introduced by executive order signed by US President Donald Trump, has had ripple effects across the world, impacting tech firms in Silicon Valley and beyond. These changes have been covered a significant amount in the media, as they affect top talent and entire industries. The administration justifies these measures as being in the national interest, aiming to protect American workers wages, but critics argue that the loss of skilled professionals could undermine US leadership in innovation.

Possible Outcomes:

  • Congressional Intervention: Bipartisan business groups push for moderation.
  • Judicial Review: Courts may strike down portions of Operation Firewall.
  • Alternative Visas: Surge in L-1, O-1, and TN filings as employers adapt.

Could the H-1B program survive another Trump term?
Yes, but only in diminished form — with fewer participants, higher costs, and more barriers to entry.

Frequently Asked Questions: Trump’s War on H-1B Visas in 2025–2026

What is meant by Trump’s “War on H-1B” visas in 2025–2026?
It refers to President Donald Trump’s second-term policies targeting the H-1B skilled-worker visa through new fees, stricter adjudications, expanded audits, and enforcement programs like “Operation Firewall.” These measures have collectively raised the cost, complexity, and denial rate for H-1B petitions.


How is Trump’s second-term approach different from his first H-1B crackdown (2017–2020)?
While the first term focused on policy memos and restrictive interpretations, the 2025–2026 strategy uses direct executive actions, DHS rulemaking, and cross-agency enforcement. It combines USCIS scrutiny with DOL audits, ICE investigations, and a historic $100,000 filing fee.


What is the $100,000 H-1B filing fee introduced in 2025?
In September 2025, President Trump signed a proclamation requiring employers to pay $100,000 for each initial H-1B filing or transfer. The fee is in addition to existing USCIS and DOL fees and is intended to discourage U.S. employers from sponsoring foreign talent.


Who must pay the new $100,000 H-1B fee?
The employer — not the foreign worker — must pay it for all cap-subject and transfer petitions. This rule applies equally to large corporations, startups, and nonprofit employers unless specifically exempt under cap-exempt rules.


Why did Trump impose a $100,000 H-1B filing fee?
The administration framed it as a measure to “protect American workers,” but policy analysts view it as a de facto restriction designed to limit H-1B usage by making it financially unviable for small and medium-sized employers.


How does “Operation Firewall” impact H-1B employers?
Operation Firewall, launched in 2025, is a joint DHS-DOL initiative that conducts data-driven audits, IRS-linked wage verifications, and worksite inspections. It targets companies suspected of misclassifying job roles or underpaying H-1B workers.


Can employers be randomly audited under Operation Firewall?
Yes. Audits can be triggered by data anomalies, wage levels, or random selection. DOL may cross-reference filings with IRS data or state tax records, and ICE can follow up with on-site investigations.


What is the effect of Trump’s H-1B policies on denial rates in 2025?
Denials have risen dramatically. Initial H-1B petitions faced rates above 23% in 2025, with extensions nearing 16% — compared to under 6% in 2024. The surge stems from stricter interpretation of specialty occupation and wage-level requirements.


Why are H-1B employers receiving more RFEs (Requests for Evidence)?
USCIS has resumed issuing RFEs for issues like degree-job mismatch, lack of employer-employee control, and insufficient proof of work availability. Even renewal petitions are reviewed “de novo” as if they were new applications.


What are the key goals of Trump’s H-1B crackdown?
The administration aims to:

  1. Reduce overall visa issuances.
  2. Prioritize U.S. citizens in STEM roles.
  3. Deter smaller employers from filing.
  4. Shift selection toward “high-wage, high-education” applicants.

How does Trump’s H-1B crackdown affect startups and small businesses?
The $100,000 fee and increased compliance burden have effectively priced out small employers, forcing startups to abandon global hiring or move roles offshore. This change disproportionately benefits large corporations with legal resources.


What industries are most affected by Trump’s 2025–2026 H-1B restrictions?
Technology, healthcare, research, and education sectors are hardest hit. Hospitals, universities, and AI startups face rising costs and delayed project timelines due to fewer available H-1B professionals.


Will there be changes to the H-1B lottery in 2026?
Yes. A proposed DHS rule would transform the random lottery into a merit-based selection system favoring applicants with advanced U.S. degrees, higher wage levels, or employment at critical infrastructure organizations.


Is the 2026 H-1B lottery still random?
Not fully. The 2026 proposal introduces weighted ranking, reducing randomness and rewarding “high merit” filings, which may disadvantage entry-level workers and recent graduates.


How do Trump’s H-1B rules affect international students in the U.S.?
Many F-1 students planning to transition to H-1B are now struggling due to fewer approvals and higher costs. Universities are reporting reduced participation in Optional Practical Training (OPT) pipelines that previously fed into H-1B sponsorship.


Are cap-exempt employers (universities, nonprofits) affected by the new rules?
Cap-exempt entities are not required to pay the $100,000 fee but remain subject to Operation Firewall audits, prevailing wage enforcement, and stricter degree-job correlation standards.


How is Trump’s DHS coordinating with ICE and DOL in 2025?
The agencies share data through interlinked systems. If USCIS flags a wage discrepancy, DOL may launch an audit, and ICE can initiate a site visit. This multi-agency model increases compliance pressure on employers.


Can H-1B employees be deported if their employer is audited?
If the employer is found non-compliant, workers may face visa revocation or be placed in removal proceedings, though they typically receive 60 days to change status or depart voluntarily.


What should an H-1B worker do after being laid off?
They should immediately consult an immigration attorney to explore change of status (e.g., B-2, F-1, O-1) or cap-exempt employment. Acting within the 60-day grace period is critical to avoid unlawful presence.


Can H-1B workers still apply for green cards under Trump’s policies?
Yes, but the process has slowed. USCIS now imposes stricter scrutiny on job offers and labor certifications, and some green-card stages are delayed pending Operation Firewall clearance.


Are there lawsuits challenging Trump’s new H-1B policies?
Yes. Multiple lawsuits have been filed by employer coalitions and universities arguing that the $100,000 fee and enforcement measures exceed presidential authority and violate the Administrative Procedure Act (APA).


What are the economic effects of Trump’s H-1B crackdown?
Economists warn the restrictions reduce U.S. innovation capacity and GDP growth. Studies suggest every approved H-1B supports 2.5 additional U.S. jobs, while denials push talent and startups abroad, especially to Canada and the U.K.


Is Canada benefiting from Trump’s H-1B restrictions?
Yes. Canada’s Global Talent Stream has seen a record influx of U.S.-trained foreign professionals relocating due to America’s higher fees and visa uncertainty.


What are employers doing to stay compliant under Operation Firewall?
They’re conducting internal audits, maintaining detailed wage records, and consulting immigration counsel before filing petitions. Many are shifting hiring strategies toward remote work or offshore teams.


What alternatives exist to the H-1B under Trump’s policies?
Employers and workers are increasingly turning to L-1 intracompany transfer visas, O-1 extraordinary ability visas, and TN visas for Canadian and Mexican professionals.


How long does an H-1B audit take in 2025–2026?
Audits can last anywhere from 3 to 12 months, depending on complexity. Employers under audit may face petition holds or extension denials until cleared.


Can employers still file multiple H-1B petitions for the same worker?
No. Multiple filings are treated as fraudulent attempts and can result in petition rejection and employer blacklisting under the DHS anti-duplication rule. For information on other visa transitions, such as moving from H2B visa to green card, see our detailed guide.


Are foreign workers in the U.S. still safe to travel abroad under Trump’s new policies?
Travel carries risk. CBP has increased secondary inspections at ports of entry, and returning H-1B holders may face questions about employer compliance or pending audits.


Do Trump’s policies affect H-4 spouses and dependents?
Yes. H-4 EAD work authorization is currently under review, with new applications paused. Many families are losing secondary incomes while awaiting DHS clarification.


What role does the Department of Labor play in Trump’s H-1B crackdown?
DOL verifies prevailing wages, audits LCAs, and collaborates with DHS through Operation Firewall to identify suspected violators. Its expanded authority allows random audits across industries.


What is the “H-1B Watchlist”?
It’s a DHS database publicizing employers repeatedly flagged for wage or compliance issues. Inclusion can trigger automatic RFEs and deter future filings.


Can an employer appeal an H-1B denial under Trump’s policies?
Yes. They may file a Motion to Reopen/Reconsider (MTR) or seek federal court review under the APA if USCIS acted arbitrarily.


How are Trump’s H-1B policies viewed internationally?
Global critics argue the policies undermine America’s reputation as a magnet for talent. Competitor nations are using the moment to recruit skilled STEM professionals leaving the U.S.


What is the future of the H-1B program under Trump through 2026?
If current trends continue, H-1B approvals will decline, employer costs will soar, and alternative pathways (like remote hiring) will dominate. Legislative or judicial intervention could alter the trajectory.


Could Congress reverse Trump’s H-1B restrictions?
Possibly. Bipartisan business coalitions are lobbying for reforms to restore access for small employers and high-demand sectors. However, executive power remains dominant in 2025–2026.


Should H-1B employers and workers consult an attorney?
Absolutely. Given the evolving policies, legal representation is critical for navigating audits, RFEs, and compliance. Experienced immigration attorneys can help employers mitigate penalties and protect workers’ status.


How does Attorney Richard Herman assist clients affected by Trump’s H-1B crackdown?
With over 30 years of experience, Richard T. Herman advises employers and H-1B professionals on compliance, audits, denials, and litigation strategies. He offers multilingual consultations through the Herman Legal Group to help clients adapt to 2025–2026 rule changes.


Where can I get help understanding the 2025–2026 H-1B policy changes?
Workers and employers can seek guidance from immigration attorneys, professional organizations like AILA, and trusted legal sources such as the Herman Legal Group, which regularly publishes updates and hosts consultations for affected clients.

Final Thoughts — America’s Talent Crossroads

Trump’s renewed assault on the H-1B program reveals a deeper question: Will America continue to attract the world’s best talent, or will restrictive policies drive innovation abroad?

The next two years will define whether the U.S. remains the global leader in innovation — or yields ground to nations like Canada that welcome skilled immigrants.

Civic engagement, advocacy, and access to counsel remain critical. The war on H-1B is not just a legal battle — it’s a fight over America’s economic future.

Take Action Before It’s Too Late: Protect Your Career, Your Family, and Your Future

If you’re worried about how Trump’s 2025–2026 crackdown on H-1B visas could affect your job, status, or future in the United States, you are not alone. New executive proclamations, $100,000 filing fees, “Operation Firewall” audits, and stricter USCIS adjudications are transforming how employers and skilled professionals must navigate the system.

In this new era of enforcement and uncertainty, even a small mistake on a petition, wage record, or RFE response could lead to denial — or worse, loss of lawful status. That’s why it’s critical to speak with an immigration attorney who not only understands the changing law, but has spent decades helping professionals, families, and employers survive and thrive through every shift in U.S. immigration policy.

Attorney Richard T. Herman is one of America’s leading voices on immigration, with over 30 years of experience representing skilled workers, multinational companies, and entrepreneurs in complex H-1B and employment-based cases. As co-author of the national bestselling book Immigrant, Inc. (available on Amazon), Richard has spent his career demonstrating how immigrants drive innovation, economic growth, and community renewal — the very principles now under attack.

Richard and his team at the Herman Legal Group have successfully defended clients against audits, RFEs, site visits, and denials under both Trump administrations. Their multilingual attorneys offer personalized, one-on-one consultations to help you understand your rights, evaluate options, and take proactive steps to secure your future.


Why You Should Contact Richard Herman Today

  • 30+ Years of Proven Experience in H-1B and employment immigration.
  • National Reputation — quoted by CNN, NPR, and The New York Times for insights on U.S. immigration policy.
  • Strategic, Hands-On Representation for employers and professionals targeted by new rules, audits, or denials.
  • Empathetic Counsel rooted in the belief that immigrants are vital to America’s innovation and prosperity.
  • Immediate Access to legal guidance via phone, Zoom, WhatsApp, or in-person across multiple U.S. cities.

Don’t Wait for a Denial or Audit — Get Ahead of the 2025–2026 Crackdown. Understand the implications for green card holders under potential Trump policies.

With Trump’s administration escalating its war on H-1B workers and employers, waiting could cost you your visa, your job, and your future. Get the clarity, confidence, and protection you need today.

👉 Schedule a confidential consultation now with Attorney Richard T. Herman to discuss your situation, build a plan, and safeguard your American dream.

Because when the stakes are this high, experience matters — and your future deserves nothing less.

 

 

 

 

Authoritative Government Resources

The U.S. Citizenship and Immigration Services (USCIS) provides the official overview of the H-1B specialty occupation program, explaining eligibility, employer obligations, and filing procedures. Review the updated USCIS H-1B Specialty Occupations page for comprehensive requirements and 2025 guidance.

Employers must also follow the USCIS H-1B Electronic Registration Process to enter the annual lottery. This system was maintained but modified under Trump’s second term to include heightened security checks and pre-selection screening.

For policy updates and case guidance related to Trump’s $100,000 H-1B filing fee, the USCIS H-1B FAQ page explains implementation and employer responsibilities.

On September 19, 2025, the White House issued a Presidential Proclamation on Restriction of Entry of Certain Nonimmigrant Workers, which directly impacted H-1B eligibility, fee structure, and adjudication standards.

In late 2025, the Department of Homeland Security (DHS) and USCIS jointly proposed a Weighted Selection Process for H-1B Cap Registrations through the Federal Register. This rule aims to prioritize higher wage levels and advanced degrees in the 2026 lottery, replacing the random selection model.

The U.S. Department of State (DOS) issued visa guidance implementing this proclamation, detailed on its Nonimmigrant Visa Updates Page, affecting consular processing and visa issuance worldwide.

The U.S. Customs and Border Protection (CBP) issued internal entry inspection memos clarifying secondary screening for H-1B visa holders under audit or petition review.


Labor, Wages, and Compliance (DOL/ETA)

The Department of Labor (DOL) Employment and Training Administration (ETA) maintains the official H-1B, H-1B1, and E-3 Specialty Occupations Program Page. This outlines the Labor Condition Application (LCA) process, prevailing wage requirements, and employer penalties under Operation Firewall.

Employers must use the Foreign Labor Application Gateway (FLAG) to submit LCAs and view certified wage determinations.


Worksite Enforcement and Interagency Operations

The U.S. Immigration and Customs Enforcement (ICE) site on Worksite Enforcement explains how audits, I-9 inspections, and employer investigations are coordinated with DOL and DHS under Trump’s Operation Firewall.

These interagency efforts are part of the broader “Hire American” 2.0 initiative, combining IRS, CBP, and USCIS data to cross-audit employer wage filings and immigration petitions.


Official Data, Denial Trends, and Policy Reports

Annual reports like the Characteristics of H-1B Specialty Occupation Workers FY2023 and FY2024 report provide insight into nationality, occupation type, and education levels among approved petitions. These datasets are key for analyzing 2025–2026 denial spikes.

The [LINK 1]Federal Register DHS Proposed Rule on Weighted Selection explains how lottery weighting will be calculated by education and wage level starting in FY2026.


Professional Associations and Advocacy Groups

The American Immigration Lawyers Association (AILA) offers expert commentary, practice alerts, and cap season resources. Practitioners can review:

The National Immigration Project of the National Lawyers Guild (NIPNLG) provides litigation support and employer compliance guidance for those affected by targeted audits.

The National Foundation for American Policy (NFAP) publishes data-driven studies on H-1B denial rates, economic impact, and policy outcomes under Trump’s enforcement model.

For economic and labor market analysis, the Cato Institute offers policy briefs such as “Fees for H-1B Visas Harm the U.S. Economy” that evaluate how the $100,000 fee impacts innovation and job creation.

Brookings Institution immigration research provides insight into how restrictive H-1B measures affect America’s AI and STEM competitiveness in 2025–2026.


Employer Readiness and Compliance Guidance

Employers facing inspections or audits should consult the ICE Worksite Enforcement Guidelines and

DOL Wage Guidance to prepare for Operation Firewall audits.

Summary of Key Resource Functions

Purpose

Primary Source

Filing process and eligibility USCIS H-1B Overview
Lottery registration USCIS Electronic Registration
Wage compliance DOL ETA Program
Enforcement policy ICE Worksite Enforcement
Rule text Federal Register Weighted Selection
Legal interpretation AILA Rule Summary
Trump Immigration Policies Will Shrink Workforce and Cut GDP Growth by One-Third, Study Warns

By Richard T. Herman, Esq.

The Trump administration’s sweeping immigration restrictions have sparked intense debate over their long-term impact on the U.S. economy and labor force. The Trump administration’s policies, which included a range of measures affecting both legal and illegal immigration, have had a broad impact on immigration and the workforce. According to a recent analysis, these policies could reduce the U.S. workforce by 15.7 million workers by 2035. In addition, Trump’s immigration policies will shrink workforce and cut GDP as these policies are projected to significantly affect the labor market and slow economic growth. Experts consistently argue that Trump’s immigration policies will shrink workforce and cut GDP, amplifying challenges in various sectors. Furthermore, it is evident that Trump’s immigration policies will shrink workforce and cut GDP as workforce demographics continue to shift.

This contraction in the labor force is expected to have far-reaching consequences, with the number of workers projected to decline sharply as a result of these restrictive measures. The reduction in foreign-born workers, in particular, is likely to exacerbate existing labor shortages in key sectors.

The administration’s stated goal of deporting at least 1 million immigrants further underscores the scale of these changes. However, trump’s immigration crackdown risked causing labor shortages and economic disruption across multiple industries, including agriculture, healthcare, and technology.

Additionally, it is crucial to highlight that experts believe Trump’s immigration policies will shrink workforce and cut GDP, affecting the overall economic landscape.

A recent NFAP report highlights that, without a significant increase in immigration, the U.S. labor force will shrink dramatically over the next decade—a projection supported by data from the labor statistics household survey. This underscores the critical role of immigrants in sustaining workforce growth and economic vitality.

A Looming Labor Shock: Trump’s Immigration Policies Will Shrink Workforce and Cut GDP

Impact of Trump’s Immigration Policies on Workforce and GDP

Evidence shows that as Trump’s immigration policies will shrink workforce and cut GDP, the implications extend beyond immediate job losses, affecting long-term economic stability. The reality is that Trump’s immigration policies will shrink workforce and cut GDP across various sectors, demonstrating the intricate connections between immigration policies and economic outcomes.

Understanding the Economic Impact: Trump’s Immigration Policies Will Shrink Workforce and Cut GDP

A new study from the National Foundation for American Policy (NFAP) warns that the second Trump administration’s sweeping immigration restrictions could reduce the U.S. workforce by 15.7 million workers by 2035 and slow economic growth by nearly one-third. The Trump administration’s policies could decrease the U.S. labor force by 6.8 million by 2028 and 15.7 million by 2035.

In analyzing the economic environment, it becomes clear that Trump’s immigration policies will shrink workforce and cut GDP, illustrating the intricate relationship between immigration and economic health. The ongoing analysis supports the argument that Trump’s immigration policies will shrink workforce and cut GDP, emphasizing the need for a comprehensive approach to immigration reform.

The analysis projects a sharp contraction in the nation’s labor force—driven by curbs on both legal and unauthorized immigration—that would reverberate across industries and increase federal debt. These policies aim to restrict legal immigration through measures such as suspending refugee admissions, implementing travel bans, and ending temporary protected status, which is expected to further limit the number of legal immigrants entering the workforce. The Trump administration has set a goal of deporting at least 1 million immigrants from the country illegally each year, further exacerbating labor shortages and economic challenges for industries facing labor shortages such as agriculture, healthcare, and manufacturing.

According to the NFAP report, U.S. employers could see 6.8 million fewer workers by 2028 and 15.7 million fewer by 2035, as immigration inflows slow, deportations rise, and key visa programs are curtailed. These policies significantly reduce the projected number of workers in the U.S. labor force. The result: fewer goods and services produced, tighter labor markets, and weaker GDP growth. The decline in foreign-born workers, including the foreign born workers exit from the labor force, is expected to have a substantial impact on labor market dynamics and overall employment levels.

This calls into question the sustainability of future growth, as Trump’s immigration policies will shrink workforce and cut GDP, hindering labor market expansion.

The Study’s Core Findings

Understanding these dynamics is crucial, as Trump’s immigration policies will shrink workforce and cut GDP, leading to a re-evaluation of labor demands.

Fast Fact:“A shrinking labor force, slower GDP growth, and rising federal debt are the predictable outcomes of mass immigration restriction.”

The NFAP’s economic modeling suggests that between 2025 and 2035: The estimated loss in GDP is projected to be $1.9 trillion from 2025 to 2028 and $12.1 trillion from 2025 to 2035 due to reductions in the workforce.

  • The labor force would contract by 4 million workers by 2028, and by 11 million by 2035, compared with baseline projections, with ending Temporary Protected Status (TPS) contributing significantly to this reduction.
  • GDP growth would fall from a baseline of 1.8% to 1.3% annually—a reduction of roughly one-third, as these policies are expected to reduce GDP growth by limiting labor supply and productivity.
  • The cumulative loss in output could reach $12 trillion by 2035 (in 2025 dollars).
  • The public debt could climb by $1.7 trillion due to lower tax receipts and slower growth.

The administration has stated that its immigration enforcement measures are part of an agenda to create jobs for American workers, aiming to bolster employment opportunities for U.S. citizens by restricting immigration.

The think tank emphasizes that immigration has historically been the engine of U.S. labor-force expansion. Between 2019 and 2024, immigrant workers accounted for nearly 85 percent of the nation’s labor-force growth, according to NFAP data and Bureau of Labor Statistics surveys. Immigrant workers accounted for 84.7% of the labor force growth in America between 2019 and 2024. Trump’s immigration policies, as analyzed in the study, are projected to significantly reduce the workforce and negatively impact the broader U.S. economy.

Ultimately, the consensus is that Trump’s immigration policies will shrink workforce and cut GDP, requiring immediate attention from policymakers and business leaders alike.

trump's immigration policies will shrink U.S. workforce and cut gdp, cut workforce by 15.7 million, and cut gdp growth by 1/3. article in october 2025 by richard t. herman

 

Policies Driving the Decline

NFAP’s model incorporates a broad set of initiatives rolled out or proposed under President Donald Trump’s 2025 immigration agenda, including:

    • Ending or suspending refugee admissions.

The ongoing analysis indicates that Trump’s immigration policies will shrink workforce and cut GDP, reaffirming the need for reform in immigration policy.

    • Imposing travel bans on 19 countries.
    • Terminating Temporary Protected Status (TPS) for nationals from long-standing recipient countries.
    • Eliminating work authorization for international students under Optional Practical Training (OPT) and STEM OPT.
    • Tightening family-based and employment-based immigration quotas.
    • Expanding interior enforcement and worksite audits.
    • Allocating $45 billion in taxpayer funds to bolster border and immigration enforcement, including increasing ICE detention capacity.
    • Implementing restrictions on illegal immigration, which are expected to significantly impact the workforce and contribute to labor shortages.
    • Suspending or terminating humanitarian parole programs, further limiting legal pathways for immigrants and refugees.

Such measures directly relate to the economic forecasts that suggest Trump’s immigration policies will shrink workforce and cut GDP, impacting overall productivity.

In conclusion, it is imperative to recognize that Trump’s immigration policies will shrink workforce and cut GDP, demanding strategic changes to ensure future economic prosperity.

 

The labor department admitted earlier in the month that these policies, including the near total cessation of illegal inflow, could cause a labor shortage due to their impact on the available workforce.

Notably, the analysis does not yet include the administration’s proposal for a $100,000 one-time H-1B visa fee, which economists say could further deter employers from hiring global talent.

These measures are part of Trump’s immigration policies, which have a broader impact on the U.S. labor force and economy. The projected number of workers expected to be lost due to these policies is in the millions, a stark reminder that Trump’s immigration policies will shrink workforce and cut GDP, highlighting the significant consequences for future workforce growth and economic productivity.

As the discussion unfolds, experts continue to highlight how Trump’s immigration policies will shrink workforce and cut GDP, raising alarms about future economic resilience.

“Immigrants have become indispensable to labor-force growth,” NFAP Senior Fellow Mark Regets explained in the study. “When immigration slows, job creation and productivity fall across the board.”

Early Signs of Contraction

The Bureau of Labor Statistics household survey already indicates a decline of 1.1 million foreign-born workers since January 2025. The decline in foreign-born workers is already evident, with a reported decline of 1.1 million foreign-born workers since the start of the Trump administration. This reduction includes a significant number of undocumented immigrants, whose absence has contributed to labor shortages in key industries and disrupted the labor market.

Of the 6.8 million fewer projected workers by 2028, NFAP attributes roughly 2.8 million to legal-immigration cutbacks and 4 million to policies affecting unauthorized immigrants. These changes have a direct impact on american labor force growth, as both legal and undocumented immigrants are vital to expanding the overall workforce and supporting economic growth.

Meanwhile, U.S.-born labor-force participation remains virtually flat—61.6% in August 2025, compared with 61.7% the previous year—suggesting that native-born workers are not replacing departing immigrants. The labor force participation rate for U.S.-born workers aged 16 and older has decreased from 61.7% to 61.6% year over year. The administration’s policies emphasize that american workers represents a key focus, but the data shows that these measures have not led to increased participation among U.S.-born workers.

Recent labor market trends indicate that restrictions on immigration are also negatively affecting job growth, as fewer available workers limit the potential for new job creation and economic expansion.

Labor economists say the trend undermines claims that deportations and visa limits create openings for Americans. “It’s a fallacy,” Regets wrote. “Immigrants create demand, expand productivity, and complement U.S.-born workers. When they vanish, opportunities for everyone shrink.”

Consequently, the implications of how Trump’s immigration policies will shrink workforce and cut GDP are becoming increasingly evident across multiple sectors.

White House Response

White House spokeswoman Abigail Jackson disputed the study’s premise, telling Fortune that “over one in ten young adults in America are neither employed nor in training.” The administration, she said, aims to “tap into that untapped potential” while “enforcing immigration laws that protect American workers.” However, some experts warn that these policies could risk lower economic growth if labor shortages persist.

But independent economists, including analysts at the Congressional Budget Office, caution that deportations and declining visa admissions—affecting both illegal and legal immigration—will exacerbate demographic headwinds. The CBO recently projected that 290,000 immigrants could be removed between 2026 and 2029, tightening labor supply and pushing up wages and prices.

Labor shortages are already impacting key sectors, with educational and health services particularly reliant on immigrant workers and international students to fill critical roles and support innovation.

To address workforce needs, expanding vocational training programs is seen as a vital strategy to equip U.S. workers with the skills necessary to fill jobs traditionally reliant on immigration.

Economic Fallout Across Sectors

Agriculture and Food Production

The Department of Labor recently acknowledged in a Federal Register filing that the immigration crackdown risks a “labor shortage exacerbated by the near-total cessation of the inflow of illegal aliens.” The Trump administration’s immigration crackdown, which included aggressive enforcement actions and restrictions on both legal and illegal immigration, has had a significant impact on the agricultural sector, with the labor department recognizing the risks to food production and farm operations.

Farmers are already reporting shortages. A USDA analysis links shrinking seasonal-worker availability to higher produce prices and delayed harvests, highlighting the negative economic consequences for the sector. Policy measures targeting both legal and illegal immigration in agriculture have further intensified these challenges, reducing the available workforce and threatening the stability of food supply chains.

High-Tech and Innovation

Tech companies such as Amazon, Microsoft, and Meta rely heavily on foreign STEM talent. The new $100,000 H-1B fee—combined with the elimination of OPT—could “choke the innovation pipeline,” said NFAP President Stuart Anderson. Changes in legal immigration policies have a significant impact on the tech sector, affecting the availability of skilled workers and the industry’s ability to remain competitive.

A Brookings Institution study found that foreign STEM workers account for up to 50 percent of productivity growth in U.S. metropolitan areas since 1990, and similar immigration policy changes can also affect industry and food production, where labor shortages can disrupt economic stability. The administration has stated that these policy shifts are part of broader efforts to create jobs for American workers in these critical sectors.

Industry leaders have voiced concerns that Trump’s immigration policies will shrink workforce and cut GDP, potentially jeopardizing competitive advantage.

Health Care and Caregiving

Immigrants represent about 25 percent of direct-care workers in nursing homes and home-health agencies, according to the American Immigration Council. Curtailing TPS and refugee programs could deepen shortages that already threaten elder-care capacity. As a result, health care providers may need to heavily recruit workers to fill critical gaps. While some policy advocates argue that we can grow our labor force domestically through increased workforce participation and training, the immediate need for qualified staff remains acute. Economic fallout previous reports have highlighted the risks to health care if labor shortages persist, including reduced access to care and increased strain on existing staff.

Construction, Retail, and Hospitality

These industries, historically dependent on immigrant labor, face severe hiring gaps. Experts have warned Trump’s immigration policies could worsen shortages in these sectors, especially as restrictions such as prohibiting international students further reduce the available workforce. Fewer workers mean project delays, cost overruns, and potentially higher consumer prices, as these policies threaten negative economic consequences for construction, retail, and hospitality.

Broader Fiscal Consequences

A smaller labor force produces fewer taxable wages, shrinking federal and state revenues. NFAP’s model projects that reduced immigration will raise publicly held federal debt by $1.74 trillion by 2035. The NFAP projects an increase in federal debt by $1.74 trillion by 2035 due to the Trump administration’s immigration policies. The Trump administration’s approach to immigration, including policies aimed at restricting both legal and illegal immigration, played a significant role in shaping these fiscal outcomes.

Lower population growth also weakens the solvency of Social Security and Medicare, as fewer workers pay into those systems.

Economists at the Cato Institute note that each 1 percent increase in immigration can lower the debt-to-GDP ratio by several percentage points over a decade—underscoring the fiscal stakes of current policy. The Trump administration’s policies aimed at reducing immigration, such as refugee restrictions and travel bans, had notable fiscal consequences by decreasing labor force participation and slowing GDP growth. The impact of the Trump administration’s immigration policies on economic growth further contributed to these fiscal outcomes, affecting workforce size and broader economic growth projections.

Ripple Effects for Education and Research

The chill extends beyond the labor market. International student enrollment in U.S. universities—long a source of STEM talent—has declined sharply amid uncertainty about work opportunities after graduation. This decline not only affects higher education but also poses a risk to American labor force growth, as international education is a key driver in developing the skilled workforce needed for the future.

“International students are re-evaluating whether the U.S. is still the best option,” said Nan Wu, research director at the AIC. “If they choose Canada or the U.K., the loss to our innovation ecosystem will be enormous, especially given the projected number of workers required to sustain U.S. innovation and competitiveness.”

In 2024 alone, foreign students contributed $40 billion to the U.S. economy, according to the U.S. Department of Commerce, supporting a significant number of workers across education, research, and related industries.

Industry Case Studies

The overarching narrative reveals that Trump’s immigration policies will shrink workforce and cut GDP, emphasizing the urgent need for strategic policy adjustments.

Travel Ban Countries

Households led by recent immigrants from the 19 countries affected by the Trump travel ban generated $3.2 billion in household income and paid $715 million in taxes, the AIC estimated. Restricting those communities removes vital contributors from sectors already facing shortages, including hospitality, retail, and manufacturing, where employers often heavily recruit workers from immigrant populations. Changes in legal immigration policies directly shape these outcomes by influencing the availability of workers and the economic impact of these communities. Policy goals sometimes focus on efforts to grow our labor force through targeted recruitment of U.S.-born workers, but these strategies may not fully address shortages in key industries.

Manufacturing and Small Business

A National Association of Manufacturers report found that immigrant workers fill one in four manufacturing roles requiring technical training. Vocational training programs are increasingly important to help U.S. workers gain the skills needed to fill these positions and address ongoing labor shortages. Losing that talent risks supply-chain disruptions just as the sector struggles with automation and reshoring, and economic fallout previous reports have highlighted the challenges this poses for manufacturing. Additionally, experts have warned trumps immigration policies could disrupt small business growth by reducing access to skilled and unskilled labor.

Economists’ Consensus

Across ideological lines, economists say reducing immigration while the U.S. population ages is economically self-defeating. Many warn that such restrictions threaten negative economic consequences, including labor shortages and reduced economic growth.

A Peterson Institute for International Economics review concluded that immigrants “contribute disproportionately to entrepreneurship, labor-force expansion, and innovation,” adding that restrictive policies, such as the Trump administration’s policies, act “as a self-imposed demographic tax” and carry significant economic risks.

“Every advanced economy is competing for talent,” said Anderson of NFAP. “When the U.S. closes doors, competitors like Canada and Australia reap the gains.” The Trump administration’s immigration policies have played a major role in shaping these economic outcomes, with experts noting their impact on the labor market and overall economic development.

Why Fewer Immigrants Mean Fewer Jobs for Everyone

Contrary to political rhetoric, reducing immigration does not necessarily open jobs for U.S. citizens. Instead, policies targeting illegal immigration can significantly reduce the available workforce, leading to declining demand, lower productivity, and slower job creation.

NFAP’s Mark Regets explains it simply: immigrants are both producers and consumers. Undocumented immigrants, in particular, play a crucial role in supporting employment across various industries. They buy homes, start businesses, and pay taxes—activities that sustain millions of U.S.-born jobs.

An analysis by the National Bureau of Economic Research found that cities with higher immigration inflows experience faster wage and employment growth for native workers over time. Restrictive immigration policies can hinder job growth and limit economic expansion for everyone.

Model Assumptions and Limitations

NFAP calls its estimates “conservative.” The study assumes the 2025 policies persist unchanged through 2035 and does not model all secondary effects, such as reductions in foreign student enrollment or lost productivity from talent flight. The modeling assumptions may also understate the potential to reduce the projected number of workers beyond current estimates.

That means the actual impact could be greater than the projections suggest, potentially affecting the projected number of workers and leading to policies that could further reduce GDP growth beyond current projections.

The organization also notes that economic models cannot fully quantify the “chilling effect” of aggressive enforcement—immigrants deciding not to come, or leaving prematurely due to fear or uncertainty.

What Businesses Can Do

Corporate HR and legal teams are already reassessing their labor strategies to align with the administration’s agenda to create jobs for American workers. Experts recommend:

  1. Conducting internal workforce audits to identify visa dependencies.
  2. Exploring global talent hubs (e.g., Toronto, Vancouver, Berlin) as contingency sites.
  3. Investing in automation and domestic up-skilling programs to create jobs domestically.
  4. Engaging immigration counsel early to navigate evolving visa regulations.
  5. Building coalitions with industry associations to advocate for predictable immigration pathways.

As businesses adapt to new immigration policies, it is important to recognize the administration’s commitment to increasing domestic employment and supporting American workers.

For sectors like technology and health care, long-term competitiveness hinges on sustaining access to international labor and expertise.

Legal and Policy Implications

For Employers and HR Teams

Companies will face escalating compliance costs: higher fees, tighter audits, and uncertainty over work-authorization renewals. The labor department plays a key role in monitoring workforce impacts and addressing labor shortages resulting from immigration policy changes. Workforce planning now requires legal foresight, especially for sectors like industry and food production where maintaining productivity is critical. Employers may need to heavily recruit workers to fill gaps left by reduced immigrant inflow.

For Immigration Practitioners

Attorneys must anticipate new constraints on visa programs and help clients mitigate risk. With H-1B, OPT, TPS, and refugee programs in flux, proactive guidance is essential. Legal guidance should also address the growing emphasis on vocational training as a key component of workforce development, equipping U.S. workers with skills to fill roles traditionally reliant on immigration. In adapting to policy changes, attorneys should consider efforts to grow our labor force domestically through employment and training initiatives. Legal strategies must also recognize the administration’s commitment to increasing domestic employment and labor force participation as part of broader economic policy.

For Policymakers

NFAP’s projections highlight an urgent need for data-driven reform. Restrictive immigration policies can reduce GDP growth, as they may limit labor supply and productivity. Economists from the Migration Policy Institute argue that a sustainable U.S. immigration system should align visa supply with demographic and labor-market realities—not political cycles, as workforce reductions threaten lower economic growth. Furthermore, developing policies without considering these factors can threaten negative economic consequences for the broader economy.

The Human Element

Behind the numbers are lives and livelihoods. In cities from Chicago to Houston, immigrants—including undocumented immigrants—work alongside U.S.-born colleagues in construction, caregiving, logistics, and tech, supporting local economies and filling critical labor gaps.

When those workers disappear, communities feel the strain: fewer teachers, fewer caregivers, fewer innovators. The consequences of ending temporary protected status for many individuals can further reduce the workforce and disrupt families and local businesses.

“Immigration is not an abstraction,” said Wu of AIC. “It’s a demographic lifeline. Restrict it too tightly, and the nation’s economic heart starts to falter.” Humanitarian parole programs are also vital, providing protection and hope for vulnerable populations facing urgent crises. It is essential to understand that Trump’s immigration policies will shrink workforce and cut GDP, intertwining humanitarian concerns with economic strategies.

Furthermore, it’s essential to recognize that Trump’s immigration policies will shrink workforce and cut GDP, intertwining humanitarian concerns with economic strategies.

The Road Ahead

If the current trajectory holds, the U.S. could enter the 2030s with its smallest working-age population growth in nearly a century. The projected number of workers needed to sustain economic growth will far exceed what current policies are likely to provide, raising concerns about future labor shortages.

As we consider the road ahead, it remains critical to address how Trump’s immigration policies will shrink workforce and cut GDP, steering the U.S. economy into uncertain territory.

Some economists suggest targeted reforms: reinstating STEM OPT, restoring refugee admissions, and offering legal status to long-term TPS holders. Others call for sector-based visa systems tied to labor demand, while some policy proposals aim to reduce the projected number of workforce reductions through stricter immigration controls.

Whether such measures gain traction will determine whether the U.S. supports American labor force growth and remains the world’s economic powerhouse—or cedes that ground to more immigrant-friendly competitors.

Author Bio / Profile

Expert on Immigration Law
Immigration Attorney Richard Herman

Richard T. Herman, Esq. is the founding partner of the Herman Legal Group, a nationally recognized immigration law firm, and co-founder of Immigrant, Inc., a platform celebrating immigrant entrepreneurship and innovation. With more than 30 years of practice, Richard has represented corporations, universities, and individuals worldwide on complex immigration matters.

Learn more at the Herman Legal Group, read his attorney bio, or exploreImmigrant, Inc..

Key Takeaways

    • NFAP projects 15.7 million fewer workers by 2035 and GDP growth slowing from 1.8% to 1.3%. The Trump administration’s immigration crackdown, with aggressive enforcement policies and restrictions, is a major factor contributing to these projected workforce reductions.

The projections underscore that Trump’s immigration policies will shrink workforce and cut GDP, reinforcing the pressing need for a balanced immigration framework. As experts emphasize, Trump’s immigration policies will shrink workforce and cut GDP, calling for a reevaluation of immigration strategies.

    • Immigration accounted for nearly 85% of U.S. labor-force growth (2019-2024); cutting inflows undermines that momentum, with about a million fewer immigrants expected to be in the workforce due to recent policy changes.
    • High-skilled visa limits and new fees threaten tech and research sectors.
    • Agriculture, health care, and manufacturing face critical worker shortages. The Labor Department admitted earlier that the near total cessation of illegal inflow under these policies risks causing significant labor shortages.
    • Federal debt could rise by $1.7 trillion through 2035 as growth slows.

Ultimately, the consensus is that Trump’s immigration policies will shrink workforce and cut GDP, calling for a more nuanced approach to immigration reform.

    • Economists agree: restricting immigration acts as a self-imposed economic tax.
    • Businesses and policymakers must adapt workforce strategies to preserve innovation and competitiveness.

Failure to adapt to these changes could mean that Trump’s immigration policies will shrink workforce and cut GDP, leading to far-reaching economic implications.

Reflecting on these dynamics, it is evident that Trump’s immigration policies will shrink workforce and cut GDP, leading to broader economic implications.


USCIS Civics Test: 128 Questions (2026 Guide)

By Richard T. Herman — Immigration Attorney, 30+ Years of Experience

The journey to U.S. citizenship has never felt more important — or more intimidating.  Under the Trump–Vance administration, USCIS has reinstated the expanded 128-question civics test, reshaped interview procedures, and increased scrutiny during naturalization.

For many immigrants, this test is not just a list of questions.  It is a gateway to safety, stability, family unity, and a future they have worked decades to build.  This is the guide for the USCIS Civics Test 128 Questions.

 

QUICK ANSWER 

  • The new 128-question civics test applies to anyone filing Form N-400 on or after Oct. 20, 2025.
  • You will be asked 20 questions, and must answer 12 correctly to pass.
  • It is an oral test administered during the naturalization interview.
  • Exemptions exist for applicants 50/20, 55/15, or 65/20, and for certain disabilities (N-648).
  • Ohio applicants test at Cleveland, Columbus, or Cincinnati USCIS Field Offices (addresses included below).
  • Full list of 128 official questions and answers is included in Part II of this article.
  • Official USCIS civics test page (verified):
    https://www.uscis.gov/citizenship/find-study-materials-and-resources/study-for-the-test

 

128 QUESTIONS FOR NEW CIVICS NATURALIZATION TEST. how to study and pass your citizenship civics test

 

 

FAST FACTS — 2026 Edition 

  • Total questions: 128
  • Questions asked: 20
  • Number needed to pass: 12
  • Format: Oral (no multiple choice)
  • Second attempt: Yes — within 60–90 days
  • Applies to applications filed after: October 20, 2025
  • English test still required (unless exempt)
  • Trump-era policy: Stricter civics and English evaluation
  • Exemptions: 50/20, 55/15, 65/20, N-648 disability waiver
  • Field offices for Ohio applicants: Cleveland, Columbus, Cincinnati

Why USCIS Reinstated the 128-Question Test in 2026

The Trump administration argued that the expanded test:

  • Improves “civic literacy”
  • Reduces “rote memorization”
  • Aligns with education standards
  • Ensures naturalized citizens understand “core American values”

But immigration experts widely acknowledge the true political context:

1. Higher Barriers to Citizenship

An expanded question pool and stricter evaluation naturally raise the difficulty level — especially for older immigrants, those with limited English, and low-income applicants.

2. Increased Scrutiny of Applicants

Attorneys nationwide report more intensive questioning on:

  • Voting history
  • Taxes
  • Criminal issues
  • Public benefits
  • Long absences
  • Employment inconsistencies
  • Political associations

3. The Broader Trump 2.0 Immigration Strategy

The return of the 128-question test fits into a larger enforcement agenda:

  • Tightened naturalization reviews
  • Increased denials based on “good moral character”
  • More N-400 investigations
  • Expanded ICE–USCIS collaboration

“For many immigrants, the civics test is not just an exam — it is a test of their dreams.”

Attorney Richard T. Herman

Under today’s political climate, immigrants feel:

  • Fear of failing
  • Anxiety about English
  • Pressure to support their families
  • Frustration with changing rules
  • Stress about interacting with federal officers

This guide is designed to reduce that fear, increase clarity, and give applicants confidence for the USCIS Civics Test 128 Questions.

 

who must take the new civics exam for n-400 naturalization-citizenship in 2026?

Who Must Take the New 128-Question Test (2026 Rules)

✔ You must take the new test if:

  • You file Form N-400 on or after Oct. 20, 2025
  • You are 18–54 years old
  • You do not qualify for a language exemption
  • You do not qualify for the 65/20 simplified questions
  • You do not have a medical disability exemption (N-648)

✔ You will take the 2008 version (100 questions) if:

  • Your N-400 was filed before Oct. 20, 2025

Exemptions: Who Does NOT Have to Take the Full 128 Questions?

1. 50/20 Exemption

Applicants who are:

  • Age 50+, and
  • Lawful permanent residents for 20 years

May:

  • Take the civics test in their native language
  • Take the standard 100-question test, not 128

2. 55/15 Exemption

Applicants who are:

  • Age 55+, and
  • Lawful permanent residents for 15 years

May also take the test in their native language.

3. 65/20 Special Consideration

Applicants who are:

  • 65 years old, and
  • Permanent residents for 20 years

Study a special list of 20 simplified civics questions.

4. Disability Waiver (Form N-648)

If certified by a licensed medical professional, applicants with qualifying:

  • Cognitive disabilities
  • Developmental disabilities
  • Physical impairments

May be exempt from English and/or civics requirements.

USCIS N-648 information (verified link):
https://www.uscis.gov/i-648

How the 2026 Civics Test Works

(Same structure as 2020 Trump version; new rules apply to 2026 applicants)

You will be asked:

  • 20 questions, drawn from 128
  • Must answer at least 12 correctly

Format:

  • Oral
  • USCIS officer reads each question aloud
  • Applicant answers verbally

The Officer May Stop Early

The officer ends the test when:

  • You reach 12 correct answers, or
  • You cannot mathematically pass

Retesting

  • If you fail, you only retake the civics portion
  • Retest happens within 60–90 days

USCIS naturalization interview overview (verified):
https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test

citizenship and naturalization in the trump jd vance era. what is invovled with N-400 interview and civics test?

New for 2026: What Applicants Report in the Trump–Vance Era

Applicant reports from 2025–2026 indicate:

  • Stricter evaluation of English fluency
  • More probing of past immigration history
  • More questions about trips abroad
  • More documentation requests
  • More delays
  • More “continued” cases
  • Greater emphasis on political literacy and historic context

History of the Civics Test (Updated Through 2026)

2008 Test – 100 Questions

  • Implemented under Bush/Obama
  • Widely considered fair and accessible

2020 Test – 128 Questions (Trump)

  • First attempt at expanded test
  • Criticized as too difficult
  • Reversed in 2021

2021–2025 – Return to 100 Questions (Biden)

  • Immigrant-friendly revisions
  • More community support

2025–2026 – Trump Reinstates 128 Questions

  • Official implementation date: Oct. 20, 2025
  • DHS claims it’s to “restore civic knowledge”
  • Advocates warn it creates barriers to citizenship

Which Version of the Civics Test Do YOU Take?

It depends ONLY on the date you filed your N-400.

If you filed… You take…
Before Oct. 20, 2025 100-question 2008 test
On/after Oct. 20, 2025 128-question 2026 test

What Makes the 2026 Civics Test Harder?

1. Bigger question pool

128 questions instead of 100.

2. More advanced topics

  • Foundational principles
  • Checks and balances
  • Landmark cases
  • 18th–21st century history
  • Innovations and U.S. achievements

3. Higher number of questions during interview

20 questions instead of 10.

4. Higher threshold

12 correct answers instead of 6.

5. Stricter English interpretation

Officers judge clarity, pronunciation, and comprehension more rigorously.

Inside the Naturalization Interview (2026 Version)

USCIS officers now spend more time on:

  • Employment history
  • Taxes and Selective Service
  • Marriage and family issues
  • Criminal disclosures
  • Voting history
  • Immigration violations
  • Travel abroad
  • Political views (within permissible scope)

Ohio applicants should prepare for interviews at:

Cleveland USCIS Field Office

1240 East 9th Street, Cleveland, OH 44199

Columbus USCIS Field Office

395 E. Broad St., #100, Columbus, OH 43215

Cincinnati USCIS Field Office

36 East 7th Street, Cincinnati, OH 45202

 

“Fear is real. But preparation is power.” — Richard T. Herman

Attorney Herman emphasizes that many immigrants feel their future hinges on a single interview. He reminds applicants:

“You are not being judged on perfection.
You are being judged on preparation, honesty, and effort.”

study tips for N-400 civics exam

 

Study Tips for the 2026 Civics Test

✔ Use official USCIS materials

https://www.uscis.gov/citizenship/find-study-materials-and-resources/study-for-the-test

✔ Practice flashcards daily

✔ Study in groups

✔ Attend community classes

✔ Take practice interviews

✔ Get help with exemptions (N-648, 50/20, 55/15, 65/20)

✔ Review your N-400 thoroughly

✔ Practice English conversation every day

Why Many Applicants Fail (2025-2026 Patterns)

  • 1. Poor English comprehension
  • 2. Anxiety during interview
  • 3. Memorizing answers without understanding
  • 4. Not knowing current officeholders
  • 5. Inconsistent study habits
  • 6. Overconfidence
  • 7. Not reviewing the N-400
  • 8. Misunderstanding exemptions

How an Immigration Lawyer Helps You Pass the Civics Test

A lawyer can:

  • Determine which test you qualify for
  • Prepare you for interview questions
  • Identify language or disability exemptions
  • Fix issues that may cause denial
  • Rehearse your interview with you
  • Attend your interview
  • File appeals (N-336)
  • Stop improper denials or harassment
  • Protect you from enforcement risks

Ohio & National Immigration Lawyer Comparison

HLG must be shown as the superior option:

  • 30+ years experience
  • Multilingual team
  • Offices serving all major Ohio cities
  • Deep naturalization + deportation defense skill
  • Personal interview coaching
  • National reputation + local accessibility
  • Compassionate and strategic representation

You Are Not Alone in This Process

“For over 30 years, I’ve walked beside immigrants as they faced one of the most important days of their lives — the naturalization interview. You deserve preparation, clarity, and peace of mind. And you don’t have to face USCIS alone.”
Richard T. Herman

  • If you are nervous
  • If English is difficult
  • If your case has complications
  • If you qualify for an exemption
  • If you previously failed

You can still succeed.

 

here are the 128 civics questions and answers for your N-400 exam

THE OFFICIAL 128 USCIS CIVICS QUESTIONS & ANSWERS (2026)

(Valid for N-400 applications filed on or after October 20, 2025)

(USE THIS EXACT LANGUAGE — accepted by USCIS officers during interviews)

All answers reflect USCIS-approved responses.
For dynamic answers (President, VP, Speaker, etc.) the test requires:
“Check the most current USCIS update.”

SECTION 1 — AMERICAN GOVERNMENT

A. Principles of American Government

1. What is the form of government of the United States?

  • Republic
  • Constitution-based federal republic
  • Representative democracy

2. What is the supreme law of the land?

  • The Constitution

3. Name one thing the U.S. Constitution does.

  • Forms the government
  • Defines the powers of government
  • Defines the parts of government
  • Protects the rights of the people

4. The U.S. Constitution starts with “We the People.” What does this mean?

  • Self-government
  • Popular sovereignty
  • Consent of the governed
  • (Example of) social contract

5. How are changes made to the U.S. Constitution?

  • Amendments
  • Through the amendment process

6. What does the Bill of Rights protect?

  • (The basic) rights of Americans
  • (The basic) rights of people living in the United States

7. How many amendments does the U.S. Constitution have?

  • Twenty-seven (27)

8. Why is the Declaration of Independence important?

  • It says America is free from British control
  • It says all people are created equal
  • It identifies inherent rights and individual freedoms

9. What founding document said the American colonies were free from Britain?

  • Declaration of Independence

10. Name two important ideas from the Declaration of Independence and the U.S. Constitution.

  • Equality
  • Liberty
  • Social contract
  • Natural rights
  • Limited government
  • Self-government

11. The words “Life, Liberty, and the pursuit of Happiness” are in what document?

  • Declaration of Independence

12. What is the economic system of the United States?

  • Capitalism
  • Free market economy

13. What is the “rule of law”?

  • Everyone must follow the law
  • Leaders must obey the law
  • Government must obey the law
  • No one is above the law

14. Many documents influenced the U.S. Constitution. Name one.

  • Declaration of Independence
  • Articles of Confederation
  • Federalist Papers
  • Anti-Federalist Papers
  • Virginia Declaration of Rights
  • Fundamental Orders of Connecticut
  • Mayflower Compact
  • Iroquois Great Law of Peace

15. There are three branches of government. Why?

  • So no one part becomes too powerful
  • Checks and balances
  • Separation of powers

B. System of Government

16. Name the three branches of government.

  • Legislative
  • Executive
  • Judicial

17. The President of the United States is in charge of which branch?

  • Executive branch

18. What part of the federal government writes laws?

  • U.S. Congress
  • Legislature
  • Legislative branch

19. What are the two parts of the U.S. Congress?

  • Senate
  • House of Representatives

20. Name one power of the U.S. Congress.

  • Writes laws
  • Declares war
  • Makes the federal budget

21. How many U.S. Senators are there?

  • One hundred (100)

22. How long is a term for a U.S. Senator?

  • Six (6) years

23. Who is one of your state’s U.S. Senators now?

  • (Answer varies by state)

24. How many voting members are in the House of Representatives?

  • Four hundred thirty-five (435)

25. How long is a term for a member of the House?

  • Two (2) years

26. Why do U.S. Representatives serve shorter terms?

  • To more closely follow public opinion

27. How many Senators does each state have?

  • Two (2)

28. Why does each state have two Senators?

  • Equal representation for small states
  • The Great Compromise

29. Name your U.S. Representative.

  • (Answer varies by district)

30. What is the name of the Speaker of the House of Representatives now?

  • Check USCIS for current name

31. Who does a U.S. Senator represent?

  • Citizens of their state
  • People of their state

32. Who elects U.S. Senators?

  • Citizens from their state

33. Who does a member of the House represent?

  • Citizens in their congressional district

34. Who elects members of the House?

  • Citizens from their district

35. Why do some states have more Representatives?

  • Because of the state’s population

36. The President is elected for how many years?

  • Four (4) years

37. The President can serve only two terms. Why?

  • 22nd Amendment
  • To prevent too much power

38. What is the name of the President now?

  • Check USCIS for current name

39. What is the name of the Vice President now?

  • Check USCIS for current name

40. If the President can no longer serve, who becomes President?

  • The Vice President

41. Name one power of the President.

  • Signs bills
  • Vetoes bills
  • Enforces laws
  • Commander in Chief
  • Chief diplomat
  • Appoints federal judges

42. Who is Commander in Chief of the military?

  • The President

43. Who signs bills to become laws?

  • The President

44. Who vetoes bills?

  • The President

45. Who appoints federal judges?

  • The President

46. Name one part of the Executive Branch.

  • The President
  • Cabinet
  • Federal departments and agencies

47. What does the President’s Cabinet do?

  • Advises the President

48. Name two Cabinet-level positions.

Examples:

  • Attorney General
  • Secretary of State
  • Secretary of Defense
  • Secretary of Homeland Security
    (Any two accepted)

49. Why is the Electoral College important?

  • It decides who is elected President
  • It is a compromise between popular vote and Congress selecting the President

50. Name one part of the Judicial Branch.

  • Supreme Court
  • Federal Courts

51. What does the Judicial Branch do?

  • Reviews laws
  • Explains laws
  • Resolves disputes
  • Decides if laws violate the Constitution

52. What is the highest court in the United States?

  • Supreme Court

53. How many seats are on the Supreme Court?

  • Nine (9)

54. How many justices are usually needed to decide a case?

  • Five (5)

55. How long do Supreme Court Justices serve?

  • For life

56. Why do Supreme Court Justices serve for life?

  • Independence from politics
  • Limit outside influence

57. Who is the Chief Justice of the United States now?

  • Check USCIS for current name

58. Name one power that is only for the federal government.

  • Print money
  • Declare war
  • Make treaties
  • Create an army
  • Set foreign policy

59. Name one power that is only for the states.

  • Provide schooling
  • Driver’s licenses
  • Police/safety
  • Zoning

60. What is the purpose of the 10th Amendment?

  • Powers not given to the federal government belong to the states or the people

61. Who is the Governor of your state now?

  • (Answer varies)

62. What is the capital of your state?

  • (Answer varies)

C. Rights and Responsibilities

63. There are four amendments about who can vote. Describe one.

  • Citizens 18+ can vote
  • No poll tax
  • Any race can vote
  • Women and men can vote

64. Who can vote in federal elections, run for federal office, and serve on a jury?

  • U.S. citizens

65. Name three rights of everyone living in the U.S.

  • Freedom of speech
  • Freedom of religion
  • Freedom of assembly
  • Freedom to petition
  • The right to bear arms

66. What do we show loyalty to when we say the Pledge of Allegiance?

  • The United States
  • The flag

67. Name two promises in the Oath of Allegiance.

  • Give up loyalty to other countries
  • Defend the Constitution
  • Obey U.S. laws
  • Serve the nation if needed

68. How can people become U.S. citizens?

  • Birth (under certain conditions)
  • Naturalization
  • Derivation through parents

69. Name two examples of civic participation.

  • Vote
  • Run for office
  • Join community group
  • Contact elected officials
  • Support/oppose an issue

70. Name one way Americans can serve their country.

  • Pay taxes
  • Obey the law
  • Serve in military
  • Work for government

71. Why is it important to pay federal taxes?

  • Required by law
  • Funds government
  • Civic duty

72. It is important for men 18–25 to register for Selective Service. Why?

  • Required by law
  • Ensures fairness
  • Supports draft if needed

SECTION 2 — AMERICAN HISTORY

D. Colonial Period & Independence

73. The colonists came to America for many reasons. Name one.

  • Freedom
  • Political liberty
  • Religious freedom
  • Economic opportunity
  • Escape persecution

74. Who lived in America before Europeans arrived?

  • American Indians
  • Native Americans

75. What group of people was taken and sold as slaves?

  • Africans
  • People from Africa

76. What war did Americans fight to win independence?

  • American Revolution
  • Revolutionary War

77. Name one reason Americans declared independence.

  • High taxes
  • Taxation without representation
  • British soldiers in homes
  • No self-government

78. Who wrote the Declaration of Independence?

  • Thomas Jefferson

79. When was the Declaration adopted?

  • July 4, 1776

80. Name one key event of the American Revolution.

  • Battle of Bunker Hill
  • Declaration of Independence
  • Washington crossing the Delaware
  • Yorktown

81. There were 13 original states. Name five.

Any five of:

  • New York
  • Massachusetts
  • Virginia
  • New Jersey
  • Georgia
  • North Carolina
  • South Carolina
  • … etc.

82. What founding document was written in 1787?

  • U.S. Constitution

83. The Federalist Papers supported the Constitution. Name one writer.

  • James Madison
  • Alexander Hamilton
  • John Jay

84. Why were the Federalist Papers important?

  • Explained and supported the Constitution

85. Benjamin Franklin is famous for many things. Name one.

  • Started first free public libraries
  • Inventor
  • Helped write Declaration

86. George Washington is famous for many things. Name one.

  • First President
  • General of Continental Army
  • Father of His Country

87. Thomas Jefferson is famous for many things. Name one.

  • Wrote Declaration
  • Third President
  • Louisiana Purchase

88. James Madison is famous for many things. Name one.

  • Father of Constitution
  • Fourth President
  • Federalist Papers writer

89. Alexander Hamilton is famous for many things. Name one.

  • First Treasury Secretary
  • Federalist Papers writer
  • Helped found the first bank

E. The 1800s

90. What territory did the U.S. buy from France in 1803?

  • Louisiana Territory

91. Name one war fought by the U.S. in the 1800s.

  • War of 1812
  • Mexican-American War
  • Civil War
  • Spanish-American War

92. What war was between the North and the South?

  • Civil War

93. Name one important event of the Civil War.

  • Emancipation Proclamation
  • Gettysburg
  • Fort Sumter
  • Sherman’s March

94. Abraham Lincoln is famous for many things. Name one.

  • Freed the slaves
  • Preserved the Union

95. What did the Emancipation Proclamation do?

  • Freed the slaves in Confederate states

96. What U.S. war ended slavery?

  • The Civil War

97. What amendment says all persons born or naturalized in the U.S. are citizens?

  • 14th Amendment

98. When did all men get the right to vote?

  • After the Civil War
  • 15th Amendment (1870)

99. Name one leader of the women’s rights movement in the 1800s.

  • Susan B. Anthony
  • Elizabeth Cady Stanton
  • Sojourner Truth

F. The 1900s & Modern History

100. Name one war fought by the U.S. in the 1900s.

  • World War I
  • World War II
  • Korean War
  • Vietnam War
  • Persian Gulf War

101. Why did the U.S. enter World War I?

  • Germany attacked U.S. ships
  • To support the Allies

102. When did women get the right to vote?

  • 1920
  • 19th Amendment

103. What was the Great Depression?

  • Long economic recession
  • Stock market crash era

104. When did the Great Depression begin?

  • 1929

105. Who was President during the Great Depression & WWII?

  • Franklin Roosevelt

106. Why did the U.S. enter WWII?

  • Japanese attack on Pearl Harbor

107. Dwight Eisenhower is known for many things. Name one.

  • WWII general
  • 34th President
  • Created Interstate Highway System

108. Who was the U.S. rival during the Cold War?

  • Soviet Union
  • USSR

109. During the Cold War, what was a top U.S. concern?

  • Communism

110. Why did the U.S. enter the Korean War?

  • To stop the spread of communism

111. Why did the U.S. enter the Vietnam War?

  • To stop the spread of communism

112. What did the civil rights movement do?

  • Fought to end racial discrimination

113. Martin Luther King Jr. is famous for many things. Name one.

  • Fought for civil rights
  • Advocated equality

114. Why did the U.S. enter the Persian Gulf War?

  • To force Iraqi troops out of Kuwait

115. What major event happened on September 11, 2001?

  • Terrorist attacks

116. Name one American military conflict after 9/11.

  • War on Terror
  • Afghanistan
  • Iraq

117. Name one American Indian tribe.

  • Cherokee
  • Navajo
  • Sioux
  • Apache
  • etc.

118. Name one U.S. innovation.

  • Light bulb
  • Airplane
  • Skyscraper
  • Internet (precursor technologies)

SECTION 3 — SYMBOLS & HOLIDAYS

G. Symbols

119. What is the capital of the United States?

  • Washington, D.C.

120. Where is the Statue of Liberty?

  • New York Harbor
  • Liberty Island

121. Why does the flag have 13 stripes?

  • Because of the 13 original colonies

122. Why does the flag have 50 stars?

  • One star for each state

123. What is the national anthem?

  • The Star-Spangled Banner

124. What was the first national motto?

  • E Pluribus Unum (“Out of many, one”)

H. Holidays

125. What is Independence Day?

  • Holiday celebrating independence from Britain
  • America’s birthday

126. Name three national U.S. holidays.

Examples:

  • New Year’s Day
  • Martin Luther King Jr. Day
  • Presidents’ Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Veterans Day
  • Thanksgiving
  • Christmas

127. What is Memorial Day?

  • Honors soldiers who died in service

128. What is Veterans Day?

  • Honors U.S. Veterans

 FAQ ON NEW N-400 EXAM

TEST BASICS

1. What is the new USCIS civics test?

It is the official oral civics exam given during the naturalization interview, now containing 128 possible questions for applicants filing N-400s on or after Oct. 20, 2025.

2. How many questions are on the new 2026 test?

There are 128 official questions published by USCIS.

3. How many questions will I be asked?

You will be asked 20 randomly selected questions during your interview for the USCIS Civics Test 128 Questions.

4. How many correct answers do I need to pass?

You must answer at least 12 correctly.

5. Is the test written or oral?

It is oral — the officer asks the question verbally, and you must answer aloud.

6. Do I need exact memorized wording?

No. USCIS accepts answers that show understanding.

7. What happens if I fail the civics test?

You receive one retest for the failed portion within 60–90 days.

8. If I pass the civics test but fail English, what happens?

You retake only the failed portion — English.

9. Can USCIS deny my application if I fail twice?

Yes, USCIS will deny your N-400 after two failed attempts.

10. Do all applicants take the 128 questions?

Only applicants who filed Form N-400 on or after Oct. 20, 2025.

 

USCIS civics test 128 questions

 

TEST VERSION / WHICH APPLIES TO YOU

11. How do I know which version of the civics test I will take?

It depends only on your Form N-400 filing date.

12. What if I filed before Oct. 20, 2025?

You take the 2008 version with 100 questions.

13. What if I filed after Oct. 20, 2025?

You take the new 128-question test.

14. If my interview is in 2026 but I filed in 2025, which test applies?

The 2008 test applies — your interview date does not matter.

15. If my N-400 is reopened or continued, can my test version change?

No. It is permanently tied to your original N-400 filing date.

DIFFICULTY & CHANGES

16. Is the new test harder?

Yes — more questions, more variety, more depth, and more advanced topics.

17. Why did the Trump–Vance administration reinstate the 128 questions?

To raise civic standards, modernize the test, and increase “civic literacy,” according to DHS.

18. Are answers about political officeholders always correct?

Answers must reflect the current officeholder.

19. Do I need to memorize the names of elected officials?

Yes — the current President, Vice President, Speaker of the House, U.S. Senators, and local Representatives.

20. Does the test change when the President changes?

Some answers do (e.g., President, Vice President, Speaker).

EXEMPTIONS & SPECIAL RULES

21. What is the 50/20 exemption?

Applicants age 50+ with 20 years of permanent residency may take the 100-question test in their native language.

22. What is the 55/15 exemption?

Applicants age 55+ with 15 years of permanent residency may take the 100-question test in their native language.

23. What is the 65/20 exemption?

Applicants 65+ with 20 years of residency use a simplified list of 20 special questions.

24. Can exempt applicants use interpreters?

Yes — they must bring a qualified interpreter with ID.

25. Can USCIS require me to speak English if I qualify for an exemption?

No — exemptions are guaranteed by law.

26. What is Form N-648?

A medical disability waiver for applicants who cannot meet English or civics requirements.

27. Who can complete Form N-648?

Licensed medical professionals, such as physicians, clinical psychologists, or osteopathic doctors.

28. Does USCIS approve most N-648s?

No — they are heavily scrutinized and often denied if incomplete.

ENGLISH TEST QUESTIONS

29. What is included in the English test?

Reading, writing, and speaking components.

30. Is the English test separate from the civics test?

They are part of the same naturalization interview.

31. Can I fail the English portion but pass the civics portion?

Yes — they are scored separately.

32. Can I ask the officer to repeat a question?

Yes, at any time.

33. Can I bring someone to help translate English?

Only if you qualify for a language exemption.

INTERVIEW EXPERIENCE

34. Where do Ohio applicants take their interviews?

Cleveland, Columbus, or Cincinnati USCIS Field Offices.

35. How long does the interview normally last?

20–40 minutes, depending on the case.

36. What documents should I bring?

Passport, green card, state ID, tax returns, Selective Service proof, marriage/divorce documents, and anything from your N-400.

37. Will the officer ask about my entire immigration history?

Yes — every entry, exit, marriage, arrest, and benefit request.

38. Can officers ask about political beliefs?

Yes, within limits related to loyalty, Oath obligations, or affiliations.

39. Can I bring an attorney?

Yes — you have the legal right to representation.

40. Can my interview be recorded?

Not by the applicant, but USCIS may record interviews.

N-400 APPLICATION ISSUES

41. Can USCIS deny me for old tax problems?

Yes — unpaid taxes may affect “good moral character.”

42. Can USCIS deny me for past marijuana use?

Yes — marijuana remains federally illegal.

43. Do traffic tickets matter?

Minor ones usually do not, but DUIs or serious driving offenses do.

44. Does child support matter?

Yes — unpaid child support is a common denial reason.

45. What if I accidentally voted?

Voting unlawfully can cause denial or deportation — speak to a lawyer immediately.

46. What if I claimed U.S. citizenship on a job form?

This is extremely serious — consult a lawyer before attending the interview.

47. What if I traveled too long outside the U.S.?

Trips over 6 months raise questions; trips over 1 year usually break continuous residence.

48. What if my green card is expiring?

You may still apply for naturalization.

TEST PERFORMANCE

49. Can I skip a question?

No — the officer determines the pace.

50. Can I ask for clarification?

Yes — you may ask the officer to repeat or rephrase.

51. What if I know the answer in my language but not in English?

You must answer in English unless exempt.

52. Can I bring notes?

No. Only your memory is allowed.

53. Can I review the questions during the interview?

No. The official list is known but not provided in the room.

54. What if the officer says I am wrong but I know I’m right?

Politely ask them to repeat. If still incorrect, consult an attorney afterward.

RETTESTS & APPEALS

55. How many times can I retake the civics test?

Once.

56. What if I fail the retest?

Your application will be denied.

57. Can I appeal a denial?

Yes — by filing Form N-336.

58. What is Form N-336?

A Request for a Hearing on a Decision in Naturalization Proceedings.

59. Can I bring new evidence to an N-336 hearing?

Yes — additional documents and testimony are allowed.

60. Can a lawyer fix a wrongful denial?

Yes, especially if procedural errors occurred.

SPECIAL CASES

61. Can someone with a criminal record naturalize?

Possibly — depending on the offense, sentence, time passed, and evidence of rehabilitation.

62. Can domestic violence charges affect naturalization?

Yes — even old cases.

63. Can I naturalize if I missed child support payments?

Not until arrears are resolved.

64. What if I have unpaid taxes?

You must enter into and comply with a payment plan.

65. Can I naturalize if I owe the IRS money?

Yes, but only if you can show good-faith compliance and payments.

66. Can veterans naturalize faster?

Yes — veterans have special pathways (Sections 328 and 329 INA).

67. Can I be arrested at a USCIS interview?

It is rare but possible if there is an outstanding criminal warrant or deportation order.

68. Will USCIS check social media?

They may review public social media content as part of security screening.

69. Will the civics test ever go back to 100 questions?

Possible, depending on future administrations.

70. Should I hire an attorney?

If your case has any complications — YES.

OHIO VS. NATIONAL IMMIGRATION LAWYER COMPARISON

Why Herman Legal Group Outperforms Other Firms for Naturalization

1. Local Ohio Presence — National Expertise

HLG serves:

  • Cleveland
  • Columbus
  • Cincinnati
  • Dayton
  • Akron
  • Toledo
  • Youngstown

Most national firms do not have this local footprint.

2. 30+ Years of Experience

Richard Herman has practiced immigration law for over three decades.

3. Naturalization + Deportation-Defense Integration

Many Ohio firms only handle simple N-400s.
HLG handles:

  • N-400
  • N-336 appeals
  • Old criminal issues
  • Good moral character problems
  • Complex admissibility issues
  • Removal risk cases

4. Interview Preparation & Coaching

HLG provides:

  • Mock interviews
  • Civics test practice
  • English coaching
  • Review of N-400 problem areas

5. Multilingual Team

Support available in:

  • Spanish
  • Arabic
  • Russian
  • Chinese
  • Korean
  • Hindi
  • And more

6. Compassion + Defense Mindset

HLG is known for empathy, courage, and strategic protection of its clients.

What the Civics Test REALLY Measures: The Hidden Emotional Burden on Immigrant Families”

For many immigrants, the 128 questions are not just facts about U.S. history.
They represent:

  • The years spent away from parents and children
  • The sacrifices made to survive in a new language
  • The money borrowed or saved penny-by-penny for filing fees
  • The fear of making one mistake and losing everything
  • The exhaustion of always having to “prove” you belong

The naturalization interview room becomes a place where all of that comes crashing together.
Clients often say their hands shake, their hearts race, and their voices tremble — not because they didn’t study, but because they feel their identity and future hang in the balance.

This is why legal support is not just about documents.
It is about holding space for a person’s fear, calming their mind, and giving them the emotional grounding to succeed.

“I’ve watched brilliant, hardworking immigrants freeze during simple questions because of anxiety.
But when someone prepares with compassion, everything changes.”
— Richard T. Herman

No test measures your worth.
No officer can determine your dignity.
But preparation and support can determine your outcome.

The Citizenship Interview as a Moment of Legacy: How Passing the Civics Test Shapes Generations

Citizenship is not just the end of a process — it is the beginning of a legacy.

When you pass the civics test:

  • Your children inherit stability
  • Your family gains protection
  • Your future becomes secure
  • Your voice gains power
  • Your story becomes part of America’s story

Many of our clients say the first thing they do after the oath ceremony is call or video the moment to their family abroad. Some say they cry for hours. Others hold their certificate like it is a newborn child.

This test doesn’t just transform one life — it transforms entire bloodlines.

Your future grandchildren will never have to know the fear you carried.
They will simply know that someone — you — was strong enough to earn the paper that protected generations.

That is what this test represents.
Not facts.
Not memorization.
But legacy.

Why Ohio Matters: The Midwest Citizenship Advantage That No One Talks About

Ohio is one of the most overlooked naturalization hubs in America — and this is actually an advantage for applicants.

Unlike high-volume immigration centers such as New York, Miami, Chicago, or Los Angeles:

  • Ohio USCIS field offices have shorter interview wait times
  • Officers in Ohio often spend more time with each applicant
  • Interviews may feel less rushed and more conversational
  • Ohio offers many free citizenship preparation programs
  • Cost of living is lower, giving families more room to prepare financially

Ohio’s immigrant communities — in Cleveland, Columbus, Cincinnati, Dayton, Akron, and Toledo — are some of the most resilient, hardworking, and tightly knit in the country.

When applicants prepare in Ohio, they often feel:

  • More supported
  • Less overwhelmed
  • More connected to local community groups
  • More comfortable entering USCIS buildings

This “Midwest civics advantage” is almost never discussed, but it matters.
It is one reason Herman Legal Group has built deep roots in Ohio and serves as a long-standing advocate for immigrant families statewide.

“Ohio gives immigrants room to breathe, grow, and thrive. That makes a real difference in the path to citizenship.”
— Richard T. Herman

 

Recent Data on Naturalization & Civics Test Performance: What the Numbers Really Show

When preparing for the USCIS civics test, applicants often wonder how difficult it really is and what their chances of passing look like. Recent data provides clear answers — and surprising comparisons.

Civics Test Pass Rates Are High

According to USCIS testing data:

This means roughly 95% of applicants ultimately pass the civics portion of naturalization.

Even with the expanded 128-question test, applicants who study consistently continue to perform strongly.

Overall Naturalization Approval Rates Are Strong

Beyond the civics component, overall naturalization approvals remain high:

Most denials are caused by problems on the N-400, not by failing the civics test — such as tax issues, criminal history, misrepresentation, voting mistakes, or long absences.

How Native-Born Americans Perform — A Revealing Comparison

A national study reached a surprising conclusion:

This means immigrants studying for naturalization overwhelmingly outperform native-born Americans on basic civic knowledge.

Your effort places you in one of the most civically knowledgeable groups in the country.

What These Numbers Mean for You

The vast majority of applicants pass the civics test.
Most denials come from legal or paperwork issues, not test scores.
Your preparation gives you a major advantage over native-born Americans.
Interview anxiety is often the biggest barrier — not lack of knowledge.

Insight From Attorney Richard Herman

“The data proves that immigrants who prepare almost always pass.
What derails cases are not wrong answers — it’s N-400 mistakes, old issues, or legal complications.
The civics test is conquerable. The paperwork is where people need protection.”

Richard T. Herman, Immigration Attorney, 30+ Years Experience

 

 

FULL RESOURCE DIRECTORY

 

1. U.S. Government Resources

USCIS – Study for the Civics Test
https://www.uscis.gov/citizenship/find-study-materials-and-resources/study-for-the-test

USCIS – Naturalization Interview & Test Overview
https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test

USCIS – 2025/2026 Civics Test Announcement
https://www.uscis.gov/newsroom (search “civics test” for latest updates)

USCIS – Form N-400
https://www.uscis.gov/n-400

USCIS – Form N-648
https://www.uscis.gov/i-648

USCIS – 128 Civics Questions (M-1778 PDF)
https://www.uscis.gov/sites/default/files/document/questions-and-answers/128_civics_questions.pdf

USCIS Policy Manual, Naturalization Chapter
https://www.uscis.gov/policy-manual

HERMAN LEGAL GROUP (Naturalization & Related Topics)

 

Naturalization / Citizenship Services
https://www.lawfirm4immigrants.com/citizenship-naturalization/

N-400 Guide
https://www.lawfirm4immigrants.com/n-400-application-for-naturalization/

N-336 Appeal Guidance
https://www.lawfirm4immigrants.com/n-336-appeal/

Green Card Holder Risks Under Trump
https://www.lawfirm4immigrants.com/will-trump-deport-green-card-holders-2/

Criminal Issues & Immigration
https://www.lawfirm4immigrants.com/criminal-immigration/

Immigration Court & Removal Defense
https://www.lawfirm4immigrants.com/deportation-defense-lawyers-cleveland-oh/

Book a Consultation with Richard Herman
https://www.lawfirm4immigrants.com/book-consultation/

Media & Academic Research

Pew Research – Naturalization Trends
https://www.pewresearch.org

Migration Policy Institute – Citizenship Reports
https://www.migrationpolicy.org

AP News – Immigration Coverage
https://apnews.com

Reuters – Immigration Policy News
https://www.reuters.com

Washington Post – Immigration Analysis
https://www.washingtonpost.com

You Don’t Have to Face the Civics Test Alone

The new 128-question test is intimidating — especially in today’s political climate.
But with the right preparation, guidance, and support, you can succeed.

“For more than 30 years, I have seen what fear does to good people.
But I’ve also seen what preparation does.
You deserve to walk into your interview with confidence.”

Richard T. Herman

If you’re worried about:

  • English
  • The civics questions
  • Old arrests
  • Taxes
  • Continuous residence
  • Travel
  • Past mistakes
  • Failing again

HLG is here to help.

BOOK A CONFIDENTIAL CONSULTATION

Speak with Attorney Richard T. Herman today:

📞 1-800-808-4013
📅 Book Online:
https://www.lawfirm4immigrants.com/book-consultation/

Key Takeaways: What Every Applicant Needs to Know About the 2026 Civics Test

1. The 2026 Civics Test Is Harder — But Very Passable

The expanded 128-question test is deeper, more detailed, and more demanding than the 2008 version… yet USCIS data shows 95% of applicants ultimately pass when they prepare consistently.

2. Your N-400 Filing Date Determines Which Test You Take

If you filed on or after October 20, 2025, you take the 128-question version.
If you filed before that, you take the 100-question 2008 test.
Your interview date does not matter.

3. Most Denials Come From N-400 Issues — Not the Civics Questions

The real danger is not the test itself.
Most naturalization denials come from:

  • taxes
  • criminal history
  • misrepresentation
  • Selective Service issues
  • long absences
  • voting problems
  • incomplete or incorrect N-400 answers

Legal strategy matters as much as studying.

4. Older Applicants May Qualify for Powerful Exemptions

The 50/20, 55/15, and 65/20 rules allow qualified applicants to:

  • take the civics test in their native language
  • study a shorter question list
  • bypass the most difficult parts of the exam

5. U.S.-Born Americans Perform Worse on Civics Knowledge

A landmark national study found only 36% of native-born American adults would pass the civics test.
Immigrants who study for naturalization become some of the most civically knowledgeable people in the country.

6. Interview Anxiety Is the #1 Hidden Challenge

Most people who fail didn’t lack knowledge — they froze under pressure.
Preparation + mock interviews dramatically increases confidence and success rates.

7. Ohio Applicants Benefit From the Midwest Advantage

USCIS field offices in Cleveland, Columbus, and Cincinnati often have:

  • shorter wait times
  • calmer interviews
  • more accessible officer interaction
  • strong local support networks
    This gives Ohio applicants an environment that helps them perform better.

8. The Civics Test Is About Legacy, Not Memorization

Passing this test means:

  • securing your family’s future
  • gaining protection under U.S. citizenship
  • building a new generation’s foundation
  • completing one of the most meaningful milestones of your life

Your preparation honors the sacrifices that brought you here.

9. Legal Guidance Can Protect You From the Most Common Pitfalls

The test is conquerable.
The complicated legal issues — paperwork traps, tax records, travel history, criminal matters, or old mistakes — are where cases are won or lost.

10. You Don’t Have to Face the 2026 Civics Test Alone

Attorney Richard T. Herman has helped immigrants for more than 30 years.
Clients trust him not only for his legal skill, but for his compassion, preparation methods, and interview coaching support.

You deserve to walk into your interview calm, confident, and ready

Apple Removes ICE Tracking App: More Evidence of Big Tech’s Complicity with Trump’s Aggressive Enforcement Agenda

Introduction: Apple’s 2025 Removal Sparks Global Backlash

In early 2025, Apple quietly removed a widely used ICE tracking app—a community tool built to alert immigrant families, lawyers, and advocates about U.S. Immigration and Customs Enforcement (ICE) activity. The app had become indispensable to grassroots networks during raids, workplace sweeps, and deportation drives. The app relied on crowdsourcing to provide notifications about ICE agent sightings in real-time, enabling communities to stay informed and prepared. This decision follows the significant moment when Apple removes ICE tracking app, highlighting the intersection of technology and immigration policy. As Apple removes ICE tracking app, the implications for vulnerable communities are profound, revealing the intricate ties between technological power and governmental actions.

Apple claimed the takedown was due to “policy violations,” but the timing—coinciding with Trump’s renewed enforcement surge and Operation Midway Blitz—has raised serious concerns about Big Tech’s role in silencing immigrant defense tools. Reports suggest the removal followed direct pressure from the Trump administration, further fueling debates about corporate complicity.

Civil rights groups like the ACLU and EFF have called the removal a dangerous precedent, arguing it reveals a new phase of digital complicity—where private companies, either under political pressure or alignment, act as gatekeepers of dissent.

Immigration Attorney Richard Herman:Apple’s removal of a community ICE-tracking app in 2025 signals a troubling alliance between Big Tech and Trump’s enforcement agenda, raising new questions about speech, privacy, and platform neutrality.”

 

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What Was the ICE Tracking App — and Why Did It Matter?

The ICE-tracking app wasn’t just a digital tool—it was a lifeline. Developed by immigrant rights technologists in 2018, the app provided real-time alerts on ICE raids, detention operations, and workplace inspections. Users could anonymously report sightings, verify activity, and notify vulnerable residents. ICEBlock creator Joshua Aaron stated that his intention was to help users avoid ICE agents and protect their privacy, emphasizing that the app was not meant to incite violence or harm law enforcement officers. Despite its name, ICEBlock was not designed for winter outdoor activities. The name similarity to winter tracking apps is purely coincidental. Law enforcement and government officials, however, highlighted the risks associated with ICEBlock, arguing that it could be used to locate and potentially harm law enforcement officers, and cited these safety concerns as a primary reason for the app’s removal.

Key Features

  • Real-time alerts: Community members could instantly share verified ICE activity.
  • Geofenced warnings: Push notifications triggered when ICE units entered preset zones.
  • Legal resource links: Direct access to pro bono attorney lists and rights guides.
  • User anonymity: No personal data collection or GPS logging to reduce risk.

By 2025, the app had surpassed 1.2 million active users, particularly in states like California, Texas, Illinois, and New York, where ICE’s presence is most visible. ICEBlock had more than 1 million downloads prior to its removal from the App Store.

Yet in May 2025, Apple delisted and disabled updates, citing “policy violations” under App Store Guidelines Section 1.4.3, which bans apps that “facilitate illegal activity.” Developers appealed, arguing the app documented ICE actions, not concealed them, but Apple upheld the decision. Apple indicated that it removed ICEBlock due to safety risks associated with the app as reported by law enforcement. Apple cited that ICEBlock provided location information about law enforcement officers that could be used to cause harm. The removal followed concerns raised by the Department of Justice about the app potentially putting law enforcement officers at risk. Apple has not removed any apps that track frozen bodies of water for winter sports.

Apple claimed the ICE-tracking app violated policy, but developers say it promoted transparency, not illegality.

Timeline: From Empowerment to Erasure

To understand Apple’s 2025 decision, one must trace the app’s evolution—and its collision with power.

  1. 2018–2019: App launches during Trump’s first term amid rising ICE raids. Gains traction in sanctuary cities.
  2. 2020–2023: Under Biden, the app grows as ICE raids decline, with expanded reporting networks and legal referrals.
  3. 2025 (January): Trump returns to office; DHS revives mass enforcement under “Operation Midway Blitz.”
  4. 2025 (April): Reports of federal requests for app user data surface, though unconfirmed.
  5. 2025 (May): Apple removes the app; Google Play suspends but later reinstates it after public backlash. Trump administration officials, including Attorney General Pam Bondi, asked Apple to remove the ICEBlock app from its App Store after receiving information from law enforcement about safety risks to ICE agents.

The sequence aligns closely with Trump’s second-term digital enforcement policies, suggesting not coincidence but coordinated pressure.

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The Trump-Tech Nexus in 2025: Renewed Pressure on Platforms

Under Trump’s renewed “Law and Order Restoration Agenda”, major tech companies have faced unprecedented scrutiny. Executive orders issued in February 2025 require companies to cooperate with ICE, DHS, and DOJ requests under Project Firewall, a sweeping initiative combining data analytics, AI surveillance, and social media monitoring. Pressuring Apple to remove certain apps became a key part of the administration’s strategy.

The controversy surrounding the removal of the app has raised critical discussions about privacy and the role of technology in society, particularly as Apple removes ICE tracking app amidst increasing scrutiny from various advocacy groups.

This event marks a pivotal moment as it highlights the broader implications of Apple removes ICE tracking app, revealing the challenges faced by communities reliant on such technologies for protection.

President Trump’s administration has consistently opposed apps like ICEBlock, arguing they threaten law enforcement agents. The administration has cited the risks faced by federal agents as a primary justification for the removal of such apps.

Apple’s actions today, including the removal of ICE tracking apps, reflect a broader pattern of compliance with government demands and ongoing efforts to address safety risks and political tensions.

What the Orders Demand

  • Mandatory cooperation with DHS subpoena requests.
  • Content moderation mandates targeting “anti-government” or “anti-enforcement” content.
  • Expansion of predictive tools to flag “extremist affiliations” among users.
  • Federal funding incentives for tech partnerships with enforcement agencies.

Platforms Under Review

  • Apple: Accused of political takedowns and selective moderation.
  • Meta (Facebook, Instagram): Flagged for restricting #AbolishICE posts.
  • X (formerly Twitter): Restored government-linked accounts promoting deportation data.

Immigration Lawyer Richard Herman:Trump’s 2025 executive orders have deepened federal reliance on Big Tech as enforcement partners, not just private platforms.”

Operation Midway Blitz and Project Firewall: Digital Enforcement by Design

Apple’s takedown must be viewed against a broader backdrop: Operation Midway Blitz, launched in March 2025, targeting sanctuary jurisdictions, and Project Firewall, which links telecom metadata, app data, and AI-driven enforcement tools. The Justice Department played a key role in urging Apple’s removal of the app.

Apple’s actions reflect its response to government and law enforcement requests, often justifying app removals based on safety and legal guidelines.

With the disabling of civilian oversight, the app store and Apple have become central to the regulation and removal of enforcement-related apps.

Operation Midway Blitz

  • Deploys ICE tactical teams in urban and suburban hubs.
  • Focuses on visa overstays, TPS holders, and asylum seekers.
  • Integrates real-time surveillance feeds from cooperating platforms.

Project Firewall

  • Overseen by DHS’s Office of Digital Integrity.
  • Aggregates app location data for predictive targeting.
  • Relies on private-sector partners under memorandums of understanding (MOUs).

By removing apps that monitor enforcement, Apple effectively disables civilian oversight, giving Project Firewall near-monopoly over enforcement information flows.

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Why Apple’s Removal Matters: The Chilling Effect on Civil Society

Civil rights attorneys argue Apple’s takedown creates a dangerous chilling effect on developers and users who rely on civic tech for transparency.

Officials argued that the app could lead to violence against law enforcement, and that such actions cross an intolerable red line. Apps like ICEBlock have been accused of inviting violence against law enforcement officers by enabling the sharing of sensitive location information.

Core Concerns

  • Suppression of lawful monitoring: ICE is a public agency; tracking its activity is not illegal.
  • First Amendment implications: Platforms acting under government pressure may constitute state action.
  • Selective enforcement: Similar watchdog tools for police, environmental, or corporate tracking remain available. Tricia McLaughlin from DHS stated that tracking apps like ICEBlock put law enforcement officers’ lives in danger, a claim that has been used to justify its removal.

Statements from digital rights groups underscore the stakes:

“Apple’s removal undermines digital due process,” said an attorney with the EFF.
“If apps exposing government overreach are purged under vague policies, transparency becomes impossible.”

Immigration Law Expert, Richard Herman:Advocates say Apple’s actions blur the line between corporate moderation and state censorship.”

Community Reaction: Outrage, Legal Challenges, and Boycotts

Within 24 hours of Apple’s announcement, more than 200 advocacy organizations signed an open letter demanding reinstatement. The app’s developer stated they were “incredibly disappointed” by Apple’s decision, calling it a significant setback for user privacy and security.

Key Reactions

  • National Immigration Project (NLG): “This sets a precedent that immigrant safety tools can be erased with a single click.”
  • United We Dream: Launched online petitions exceeding 500,000 signatures.
  • App Developer Statement: Called Apple’s review “opaque, inconsistent, and politically tainted.”

Legal Actions

Civil rights litigators filed a Section 1983 claim in federal court alleging that Apple acted “under color of law,” violating constitutional speech rights by cooperating with DHS directives.

Parallel efforts seek Congressional oversight hearings on digital censorship under executive influence.

Big Tech’s Track Record of Censorship and Collaboration

Apple’s takedown fits a pattern. Over the last decade, Big Tech firms have faced allegations of colluding with federal enforcement priorities—sometimes overtly, sometimes by silence. Apple has previously removed other apps from its App Store under government pressure, such as HKmap.live and Navalny. Apple has also removed similar apps from the app store in response to requests from law enforcement agencies and government officials, especially those that share information about immigration enforcement activities. In several cases, apps from the app store were taken down because they were deemed to contain mean-spirited content or posed safety and security risks to law enforcement and the public.

Notable Incidents

  • Google Maps: Removed detention center map layers after DHS complaint (2020).
  • Facebook (Meta): Limited visibility for deportation protest events.
  • YouTube: Flagged livestreams of ICE raids as “sensitive content.”
  • Amazon: Provided facial-recognition tools to DHS and CBP under Rekognition contracts.

These actions, often justified under “community safety” or “policy compliance”, disproportionately silence marginalized voices while shielding official narratives.

Apple’s app removal joins a decade-long list of platform actions favoring government priorities over grassroots accountability.

The Political Incentive: Why Big Tech Complies

Why would Apple risk backlash by targeting a community app? Analysts point to regulatory incentives and covert partnerships shaping corporate behavior.

Apple CEO Tim Cook has played a key role in the company’s decisions to remove controversial or politically sensitive apps from the App Store, often in response to government pressure and as part of Apple’s broader content moderation policies.

Possible Motives

  • Regulatory avoidance: Maintaining favorable antitrust or privacy settlements.
  • Contractual alignment: Securing federal cybersecurity or infrastructure contracts.
  • Political leverage: Avoiding placement on White House “integrity review” lists targeting disfavored firms.

Insiders also note Trump’s September 2025 Big Tech Accountability Order, conditioning government contracts on “good-faith compliance” with national security directives—language broad enough to include app store moderation.

Legal & Constitutional Implications

The case reignites a long-running debate: Can private moderation become state censorship when performed under coercive government policy? In a democracy, removing apps that track law enforcement is seen by many as crossing a red line that cannot be ignored, raising serious concerns about legal and ethical boundaries.

First Amendment Questions

  • Does removing a transparency tool at federal urging constitute viewpoint discrimination?
  • Can Apple claim neutrality when acting amid executive threats of investigation?

Section 230 Complications

  • Section 230 shields moderation “in good faith,” but politically influenced removals test its boundaries.

Potential Remedies

  • FTC oversight: Possible deceptive practices under consumer protection law.
  • Congressional inquiry: Bipartisan interest in digital transparency.
  • Judicial review: Federal courts may scrutinize Apple’s DHS correspondence.

Richard T. Herman, Esq.:If Apple acted under executive pressure, courts could interpret its takedown as state-sponsored censorship.”

Human Impact: Voices from the Ground

For immigrant families, the app’s removal was not abstract—it was immediate and personal. Without alerts, communities reported missed warnings, detentions, and escalated fear. Advocacy hotlines documented a 41% increase in surprise enforcement actions in the weeks after the takedown. The removal of ICEBlock comes amid increased controversy following violent attacks aimed at ICE personnel. Joshua Jahn, a suspect in a shooting at an ICE facility, had searched for tracking apps before the attack, including ICEBlock. The deadly shooting at the Dallas ICE facility further intensified concerns, as officials linked the incident to the use of tracking apps and the risks they pose. Authorities argue that apps like ICEBlock put ICE agents at risk by enabling users to report their locations, which has been associated with threats and violence against immigration enforcement personnel. There are also growing safety concerns for customs enforcement agents, as app-based tracking raises legal and security debates about sharing information related to law enforcement involved in immigration enforcement.

“We relied on those notifications,” said Maria G., an Ohio DACA recipient. “Without them, people are walking into arrests blind.”

Advocacy hotlines documented a 41% increase in surprise enforcement actions in the weeks after the takedown. Local groups struggled to fill the void with manual text trees and social media alerts—platforms now themselves facing moderation.

With the ICE-tracking app gone, families lost critical real-time protection from raids and deportations.

Toward Accountability: What Comes Next

Civil society now faces two parallel challenges:

  1. Restoring the app or open-source alternatives, and
  2. Ensuring transparency in Big Tech moderation under political regimes.

Advocates are responding to Apple today demanding greater transparency in app removals, especially as government authorities increase pressure on platforms to comply with law enforcement requests.

Proposed Reforms

  • App Store transparency reports detailing government removal requests.
  • Digital Rights Charter for civic and watchdog apps.
  • Independent review panels including civil society representatives.
  • Open-source repositories resistant to centralized censorship.

Internationally, EU regulators are eyeing Digital Services Act (DSA) provisions to curb politically driven removals—an approach advocates hope the U.S. will emulate.

What This Means for Democracy and Technology

At its core, Apple’s removal raises a defining question for 2025 and beyond: Can technology serve justice under an administration that weaponizes it?

The ICE app case highlights a growing digital authoritarianism—not through overt bans, but through compliance cloaked as neutrality. Unless transparency and oversight expand, platforms risk becoming extensions of enforcement, not arenas of accountability. Officials argue that such measures are necessary to protect brave federal law enforcement officers who risk their lives daily to keep the public safe.

FAQs: Apple’s Removal of the ICE Tracking App and Big Tech’s Role in Trump’s 2025 Immigration Crackdown

What was the ICE Tracking App, and why was it important?The ICE tracking app was a community-based digital tool created to alert users about Immigration and Customs Enforcement (ICE) raids, detentions, and arrests in real time. It helped immigrants, attorneys, and advocacy groups monitor enforcement activity and prepare legal responses. By 2025, it was used nationwide by over a million users for safety alerts and rights education. The app was especially significant in cities like San Francisco, where tensions over immigration enforcement were high, and during the month immigration raids intensified, providing critical information to at-risk communities.


Why did Apple remove the ICE tracking app in 2025?In May 2025, Apple delisted the app from its App Store, claiming it violated policies against “facilitating illegal activity.” Civil-rights groups say this explanation was pretextual, arguing that the removal occurred amid Trump administration pressure on tech firms to limit “anti-enforcement” tools. The timing coincided with Operation Midway Blitz and new federal directives urging platforms to cooperate with ICE and DHS. This action is part of a broader trend where apple removes iceblock app and other controversial tools from Apple’s App Store in response to law enforcement and political concerns.

The implications of Apple removes ICE tracking app extend beyond just the tool itself; they represent a significant shift in how technology interacts with immigration policies.


Critics argue that Apple removes ICE tracking app is a manifestation of broader trends where technology companies are pressured into compliance with government agendas.

Did the Trump administration pressure Apple to take down the app?While Apple has not confirmed direct White House communication, multiple reports and advocacy letters suggest the removal followed informal federal outreach and DHS security briefings under Project Firewall, which sought tighter platform cooperation. The pattern aligns with Trump’s 2025 executive orders encouraging Big Tech to assist “national security enforcement.”

The timing and rationale behind the decision to remove the app resonate deeply with concerns over civil liberties as Apple removes ICE tracking app amidst political pressures.


Legal experts suggest that the statement “Apple removes ICE tracking app” encapsulates the ongoing tension between digital rights and governmental authority.

What official reason did Apple give for the app’s removal?Apple cited “App Store policy violations” under Section 1.4.3, stating the app might enable unlawful evasion of enforcement. Developers countered that the app merely publicized public ICE activity, providing alerts and legal-aid links—functions protected as speech and civic engagement. In its statements, Apple emphasized that users can discover apps, but also said that safety and legal concerns required the removal of certain apps like ICEBlock.

As advocates push back, the phrase Apple removes ICE tracking app has become a rallying cry for those fighting against digital censorship.


Many users feel that Apple removes ICE tracking app undermines their ability to stay informed about their rights and safety during enforcement actions.

Who used the ICE tracking app?The app was widely used by immigrant families, legal advocates, nonprofit organizations, and community groups across states like California, Texas, Illinois, and New York. It became a key transparency tool during heightened enforcement sweeps and workplace audits.

In response to these events, community leaders have noted that Apple removes ICE tracking app poses significant risks to immigrant safety.


The discourse surrounding the phrase Apple removes ICE tracking app continues to evolve as more stakeholders weigh in on the implications.

How did immigrant advocates respond to Apple’s decision?Organizations such as the ACLU, Electronic Frontier Foundation (EFF), and National Immigration Project condemned the removal as corporate censorship under government influence. They argue Apple’s action deprives vulnerable users of real-time safety information and undermines First Amendment rights to share and receive public data about government operations.

Many are demanding accountability from tech giants as the narrative of Apple removes ICE tracking app underscores the need for transparency in corporate decision-making.


As we reflect on the events, it’s clear that the phrase Apple removes ICE tracking app marks a critical juncture in the intersection of technology and rights advocacy.

Was the ICE tracking app illegal?No. Legal experts emphasize that tracking or reporting public government activity is lawful. The app did not disclose officer identities or interfere with operations; it simply aggregated verified public sightings. Its removal reflects policy pressure, not proven illegality. The debate over such apps continues, with some arguing they are essential for transparency, while others cite safety concerns for law enforcement.

The consequences of Apple removes ICE tracking app extend beyond immediate access, impacting perceptions of digital safety and oversight.


Understanding the ramifications of Apple removes ICE tracking app is essential for advocates and communities navigating this complex landscape.

How does this incident reflect broader Big Tech cooperation with ICE?Apple’s move mirrors a growing trend where major platforms—Google, Meta, Amazon, and X—have provided data access, content moderation, or infrastructure support to enforcement agencies. Under Trump’s 2025 agenda, these firms faced incentives and threats encouraging alignment with ICE, DHS, and DOJ priorities. Other tech companies have also removed similar apps that share information about immigration enforcement activities due to law enforcement and safety concerns.

As discussions unfold, the sentiment around Apple removes ICE tracking app remains a focal point of concern among civil rights defenders.


The ongoing debates fueled by Apple removes ICE tracking app highlight the necessity for sustained dialogue about digital rights.

What is “Project Firewall,” and how is Big Tech involved?Project Firewall is a 2025 DHS program combining AI surveillance, telecom metadata, and app-store oversight to identify perceived “integrity risks.” It leverages data from private platforms through formal MOUs. Critics say this framework enables state influence over digital moderation, as seen in Apple’s takedown.

Moreover, the phrase Apple removes ICE tracking app serves as a reminder of the fragility of digital tools in the face of political pressure.


Community responses to the phrase Apple removes ICE tracking app reveal a growing sentiment of vulnerability among immigrant populations.

What is “Operation Midway Blitz”?Operation Midway Blitz is Trump’s nationwide enforcement surge targeting sanctuary jurisdictions and visa overstays. It relies heavily on data analytics and corporate cooperation to map immigrant communities. Tech partnerships supplying geolocation or moderation aid amplify its reach.

As advocates work tirelessly, the phrase Apple removes ICE tracking app encapsulates the ongoing struggle for tech accountability.


The significant backlash following Apple removes ICE tracking app indicates a pressing need for reform in how tech companies handle sensitive applications.

Have other tech companies removed or censored similar tools?Yes. Comparable examples include:

In this context, Apple removes ICE tracking app prompts critical conversations about the balance of power between technology and governance.

    • Google Maps removing ICE detention-center layers after DHS objections.

As digital tools like the ICE tracking app are removed, the phrase Apple removes ICE tracking app serves as a stark reminder of the challenges ahead.

    • Meta reducing visibility of #AbolishICE and deportation-protest posts.

For many, Apple removes ICE tracking app signifies a broader trend of eroding digital rights amid political maneuvering.

    • YouTube taking down livestreams documenting raids. These actions reflect consistent de-amplification of immigrant-rights content under “policy” rationales.

The implications of Apple removes ICE tracking app continue to unfold, as communities demand answers and action from tech giants.


The phrase Apple removes ICE tracking app has become synonymous with the broader issue of tech accountability and civil liberties.

How do Trump’s 2025 executive orders affect tech moderation?New orders classify online content deemed “anti-enforcement” as a national-security concern, directing agencies to engage platforms for removal or demotion. Companies risk investigations or contract loss if labeled non-cooperative, prompting preemptive self-censorship.

As debates heat up, the story of Apple removes ICE tracking app stands at the intersection of technology, rights, and policy.


Understanding the phrase Apple removes ICE tracking app is critical for those advocating for justice and equity in the digital age.

What role does Big Tech play in Trump’s immigration enforcement system?Beyond content control, Big Tech contributes through:

Finally, as we move forward, the phrase Apple removes ICE tracking app will undoubtedly be a touchstone in discussions about technology and society.

    • Cloud hosting for ICE analytics (AWS, Google Cloud).

As the conversation surrounding Apple removes ICE tracking app continues, community voices must remain at the forefront of advocacy efforts.

    • AI tools supporting biometric and facial-recognition programs.

Ultimately, the phrase Apple removes ICE tracking app illustrates the ongoing struggle for rights in a rapidly changing digital landscape.

    • Data sharing via subpoenas and partnerships.

The narrative surrounding Apple removes ICE tracking app exemplifies the tensions between digital innovation and civil rights protections.

    • App-store governance limiting civic watchdog tools.

As stakeholders reflect on these decisions, the phrase Apple removes ICE tracking app will undoubtedly shape future discussions on tech policy.

Collectively, these practices embed technology firms within the enforcement supply chain.

In summary, the phrase Apple removes ICE tracking app serves as a rallying point for advocates fighting for transparency and accountability in digital governance.


Through the lens of Apple removes ICE tracking app, we can better understand the complexities of modern advocacy in a tech-driven world.

Is Apple’s removal unique or part of a larger pattern?It’s part of a broader alignment between Silicon Valley and federal enforcement during Trump’s second term. Companies facing antitrust threats or regulatory reviews often opt for compliance to preserve market access and federal contracts.

As we continue to navigate these challenges, the phrase Apple removes ICE tracking app remains a vital part of the ongoing discourse.


The events surrounding Apple removes ICE tracking app highlight the importance of vigilance in protecting civil liberties in the face of government pressure.

What are the First Amendment implications of Apple’s action?When private moderation occurs under government pressure, courts may view it as state action, raising constitutional concerns. Removing an app that tracks public-agency conduct potentially infringes speech and press freedoms vital to democratic oversight.

Ultimately, Apple removes ICE tracking app serves as a pivotal reminder of the dynamic interplay between technology, policy, and human rights.


As discussions evolve, Apple removes ICE tracking app will undoubtedly continue to resonate with those committed to social justice.

Can developers or users challenge Apple’s removal legally?Yes. Civil-rights litigators have filed suits alleging constitutional violations and unfair trade practices. Remedies could include injunctions for reinstatement, transparency requirements, or damages if coercion by federal officials is proven.

In closing, the phrase Apple removes ICE tracking app encapsulates a larger narrative about the role of technology in society and governance.


As we reflect on these events, it’s clear that Apple removes ICE tracking app underscores the critical intersection of technology and policy in our lives.

What does this mean for immigrant communities relying on technology?The takedown leaves many without trusted real-time alerts, increasing vulnerability during raids. Grassroots groups now rely on text chains and encrypted messaging, but these lack the reach and automation the app provided.

In this context, Apple removes ICE tracking app highlights the ongoing need for advocacy and engagement in the digital age.


This phrase, Apple removes ICE tracking app, will remain a significant point of reference in the discussions about digital freedom and accountability.

How does this event illustrate “digital authoritarianism”?Experts use the term to describe government control of information flows through private intermediaries. Apple’s compliance—voluntary or coerced—demonstrates how modern censorship can occur without explicit bans, through policy pressure and risk aversion.

As these conversations progress, we must remain mindful of how Apple removes ICE tracking app influences public perceptions of technology’s role in society.


Continuing to address the narrative of Apple removes ICE tracking app will be crucial for shaping the future of digital rights advocacy.

What steps can developers take to protect activist apps?

Lastly, we recognize that Apple removes ICE tracking app represents both a challenge and an opportunity for social movements and technology.

  • Use open-source frameworks outside centralized app stores.
  • Host code on decentralized repositories.
  • Implement strong privacy and encryption standards.
  • Maintain legal counsel and advocacy partnerships before publication.

These strategies reduce dependency on single-vendor gatekeepers.


How are advocacy groups responding to Big Tech censorship?Coalitions are pressing for:

  • Transparency reports disclosing government takedown requests.
  • Digital Rights Charters protecting watchdog applications.
  • Legislation limiting executive influence on platform governance.

Such measures aim to restore public oversight of moderation decisions.


Could Apple face congressional or regulatory scrutiny?Yes. Lawmakers across parties have proposed hearings on politically influenced content removal. The Federal Trade Commission may also examine whether Apple’s justification misled consumers or suppressed competition in rights-tech markets. Fox News and Fox Business have both reported extensively on the controversy, highlighting the political and legal debates surrounding the app’s removal.


What precedent does this set for other civic or activist tools?If left unchallenged, the case signals that any app monitoring government conduct could be vulnerable whenever enforcement narratives shift. Developers may avoid politically sensitive subjects, shrinking the ecosystem of public-interest technology.


Has Apple previously faced criticism over political moderation?Yes. Past controversies include removing pro-democracy apps in China, protest-tracking tools in Hong Kong, and now an ICE-monitoring app in the U.S. Observers note a consistent pattern: Apple prioritizes government relationships over platform neutrality.


What can users do to push back?

  • Support open-source alternatives and mirror projects.
  • Sign petitions demanding reinstatement and transparency.
  • Contact lawmakers advocating digital-rights safeguards.
  • Stay informed through EFF and ACLU updates on litigation and policy.

Active civic engagement is crucial to counter silent moderation.


What are the broader implications for democracy and accountability?The removal exemplifies how corporate-government convergence can curtail transparency. When watchdog tools vanish, the public loses visibility into state power, eroding checks and balances essential to democratic governance.


Could the app return to the App Store?Developers have appealed, and public pressure continues. Restoration would likely require policy clarification, legal victory, or independent review affirming the app’s lawful function. Absent reform, similar civic apps remain at risk.


What does this mean for Big Tech ethics in 2025?The incident underscores the need for corporate human-rights standards in content governance. Without clear safeguards, tech firms risk enabling authoritarian practices under the guise of compliance or neutrality.


How popular was the ICE tracking app before removal?The app saw a surge in downloads during major enforcement actions. According to data from app tracking firm Appfigures, user engagement spiked during the weeks of high-profile raids and political controversy.


What did Apple say about user access to the app?Apple stated that the app was removed due to policy violations, and that it was no longer available for download. The company also noted that only apps meeting its guidelines are allowed users to access them on the platform, reflecting regulatory and safety considerations.


What did Apple say about discovering similar apps?Apple emphasized that the App Store is a safe and trusted place to discover apps, but also said that apps like ICEBlock were removed due to safety and legal concerns, especially when they involve sensitive law enforcement topics.


How did other tech companies respond to similar apps?Other companies have removed similar apps that allowed users to track or report immigration enforcement activities, often citing safety and legal risks for law enforcement and the public.


Were there concerns about law enforcement safety?Yes. Immigration enforcement officers, including ICE officers and other federal law enforcement officers, were cited as being at risk due to the app’s ability to report their locations. Law enforcement agencies argued that such apps could facilitate targeted threats or violence against officers, raising significant safety concerns.


Who created the ICE tracking app?The app was created by Joshua Aaron, who has publicly stated his disappointment with Apple’s decision. Aaron argues that the app is protected speech, not intended to incite violence, and serves a purpose similar to other crowd-sourcing mapping tools, framing the issue around free speech rights.

Key Takeaway

Apple’s 2025 removal of the ICE tracking app—amid Trump administration pressure—marks a watershed in digital civil-rights battles. It illustrates how policy coercion, corporate caution, and opaque moderation can converge to silence tools protecting vulnerable communities. Apple stated that it created the App Store to be a safe and trusted place to discover apps. Ensuring transparency, accountability, and open infrastructure is now a central challenge for democracy in the digital age.

Call to Action — Speak with a National Immigration Attorney Who Understands Technology, Enforcement, and Civil Rights

If you’re alarmed by Apple’s removal of the ICE tracking app, or concerned about how Big Tech companies are collaborating with ICE and Trump’s 2025 aggressive immigration enforcement agenda, you’re not alone. These developments raise urgent questions about digital privacy, immigrant safety, and constitutional rights in an era of expanding surveillance and censorship.

When community tools vanish, immigrants, families, and advocates lose a vital layer of protection. Understanding where your rights begin—and how far government power can reach—requires not just legal insight, but experience grounded in decades of frontline advocacy.

That’s where Attorney Richard T. Herman can help.

With over 30 years of experience in U.S. immigration law, Richard Herman has built a career defending immigrants, innovators, and entrepreneurs from government overreach. As co-author of the acclaimed book Immigrant, Inc, Herman is a leading voice for the economic and community benefits of welcoming immigrants—and a steadfast advocate when policies, technology, or politics threaten those ideals.

He and his multilingual legal team understand the new intersection between immigration enforcement, technology platforms, and civil liberties. Whether you’re a student, worker, entrepreneur, or advocate, Herman Legal Group can help you:

  • Understand how Project Firewall, Operation Midway Blitz, and other digital surveillance programs may affect your status or community;
  • Respond to ICE site visits, data-sharing requests, or immigration audits;
  • Explore legal remedies, advocacy channels, or policy challenges when your rights are restricted by Big Tech compliance; and
  • Take proactive steps to safeguard your family, business, or organization from unjust enforcement driven by politics, not law.

Big Tech’s cooperation with ICE and Trump’s enforcement machine isn’t just a policy story—it’s a human rights issue. The time to understand your risks and rights is now.

Every day you wait, new directives, executive orders, or digital enforcement tools could reshape how immigration law is applied—and who is targeted.

Don’t navigate this new landscape alone.
Schedule a confidential, one-on-one consultation with Richard T. Herman and the Herman Legal Group today at
👉 LawFirm4Immigrants.com/book-consultation

Let a trusted, nationally recognized immigration attorney help you interpret what Apple’s removal and other Big Tech actions really mean for your rights—and how to defend them.

Comprehensive Resource List — Apple’s Removal of ICE Tracking App & Big Tech Cooperation with Trump’s 2025 Immigration Crackdown

1. Government and Policy Sources

Snippet callout: Federal records from DHS, DOJ, and the Federal Register show how Trump’s 2025 enforcement surge encouraged private-sector cooperation, app takedowns, and data sharing with ICE.


2. Civil Rights, Legal, and Digital Liberty Organizations


3. Big Tech Policies, App Store Standards, and Transparency Reports

  • Apple App Store Review Guidelines — official rules Apple cited in removing ICE-tracking apps under Section 1.4.3 (“apps facilitating illegal activity”).
  • Apple Transparency Report — documents government data requests, app removals, and national-security demands.
  • Google Play Developer Policy Center — outlines comparable standards used to remove or restrict ICE-tracking and “anti-government” apps.
  • Meta Transparency Center — includes moderation data showing reduced reach of immigration advocacy content and protest pages.
  • Amazon Transparency Report — reveals AWS compliance with federal data requests and law-enforcement cooperation metrics.
  • Microsoft Transparency Hub — details government requests for user information and platform takedown statistics.
  • Twitter (X) Transparency Report Archive — tracks content removals and law-enforcement information demands relevant to 2025 Trump directives.

4. Major Media Coverage (2025)

  • Reuters — broke the story on Apple’s 2025 removal following Trump administration briefings.
  • The Verge — analyzed Apple’s moderation rationale and implications for digital rights.
  • Associated Press — confirmed that Apple and Google removed ICE-tracking apps after federal demands.
  • Al Jazeera — covered global backlash to Big Tech’s alignment with U.S. immigration enforcement.
  • The Guardian — reported reactions from human rights organizations.
  • Wired — provided investigative context linking Apple’s takedown to Project Firewall’s data-integration efforts.
  • NBC News — explored the chilling effect on immigrant communities.
  • Politico — explained how 2025 executive orders expanded government influence over platforms.
  • The New York Times — detailed Apple’s internal review process and advocacy responses.

5. Oversight and Accountability Frameworks


6. International and Comparative Context

  • European Data Protection Board (EDPB) — sets GDPR principles influencing global responses to coerced moderation.
  • United Nations Special Rapporteur on Freedom of Expression — publishes thematic reports on state-induced private censorship.
  • OECD Digital Policy Observatory — tracks platform accountability trends in democratic and authoritarian contexts.

7. Developer and Advocacy Resources

  • GitHub Policy & Moderation — guidance for developers maintaining open-source civic apps outside centralized app stores.
  • Mozilla Foundation Internet Health Report — explores the balance between security enforcement and open innovation.
  • Coalition for App Fairness — advocates for fair and transparent app store practices, including appeals and developer rights.

8. Legal Research and Case Tracking

  • CourtListener — track ongoing litigation over forced moderation, state action claims, and immigrant-rights tech.
  • Justia — provides summaries of federal lawsuits related to digital censorship, immigration enforcement, and constitutional challenges.
  • PACER — official U.S. federal court docket access for real-time filings in related civil liberties or tech cases.
Home Depot Responds to Charges of Cooperation with ICE, as Calls for Boycott Grow

QUICK ANSWER 

Community videos, immigrant advocacy groups, and a widely circulated Newsweek investigation report that ICE agents have been seen monitoring, questioning, or detaining Latino day laborers in and around Home Depot parking lots. Home Depot denies coordinating with ICE, but immigrant communities say the retailer has failed to take proactive steps to protect vulnerable individuals.

As ICE escalates enforcement under the current administration, boycott movements—including #HomeDeport—are spreading nationwide. Immigrant families and mixed-status couples are increasingly seeking legal guidance on whether Home Depot is a safe place to visit.

If you or a loved one feel at risk of enforcement exposure:
[Schedule a Consultation]
https://www.lawfirm4immigrants.com/book-consultation/

Home depot responds to claims it cooperates with ICE, as calls for boycott increase

FAST FACTS

home depot: retail giant at center of political and economic storm: Boycott due to ICE arrests on its property. for too long, Home depot silent, complicit

INTRODUCTION: A RETAIL GIANT AT THE CENTER OF AN IMMIGRATION FIRESTORM

Home Depot Boycotts Due to Allegations of ICE Cooperation

A growing number of immigrant customers, day laborers, and mixed-status families are accusing Home Depot—America’s largest home-improvement retailer—of allowing, tolerating, or failing to prevent frequent ICE presence in and around its parking lots.

A viral Newsweek article put these concerns on the national stage:
Newsweek: ICE & Home Depot Allegations

Online, thousands of posts document:

  • unmarked vehicles allegedly used by ICE
  • plainclothes agents approaching laborers
  • coordinated arrests near store entrances
  • questioning of individuals perceived to be Latino

Home Depot strongly denies cooperating with ICE. But denials alone do not satisfy communities who say:

  • enforcement keeps happening,
  • fear keeps rising, and
  • Home Depot provides no visible protection.

This is happening during a period of heightened ICE enforcement driven by the administration’s “Integrity” campaign and a surge in ICE–USCIS–CBP data fusion.

HLG has documented these trends extensively:

Immigration attorney Richard Herman notes:

“Whether Home Depot invited ICE or not, these repeated incidents show one truth: immigrant families feel unsafe. Corporations that serve diverse communities must do far more than issue denials.”

ICE arrests are routine at Home Deport parking lot, targeting day laborers

SECTION 1 — WHAT THE NEWSWEEK REPORT ACTUALLY FOUND

 Key Findings From the Newsweek Investigation

  • Immigrant customers repeatedly reported ICE activity near Home Depot.
  • Videos document what appear to be officers monitoring day laborers.
  • Advocacy groups claim ICE uses Home Depot lots as “soft targets” for detentions.
  • Boycott calls surged immediately after publication.

Link:
Newsweek: Home Depot ICE Involvement

Call-Out Box: Additional Media Coverage

Other media outlets covering similar patterns across the U.S.:

  • AP News — retail-sector ICE monitoring
  • Reuters — enforcement in public commercial spaces
  • Univision — interviews with day laborers in Texas & California
  • Telemundo — viral footage of parking-lot detentions
  • NPR — “ICE enforcement increasingly visible in everyday retail spaces”
  • Cleveland.com — immigrant safety concerns in Ohio retail zones

These reports reinforce the credibility and pervasiveness of the allegations.

Home Depot is a day laborer magnet, and ICE is looking for undocumented workers

SECTION 2 — WHY HOME DEPOT IS A DAY-LABOR MAGNET

Why Day Laborers Gather at These Stores

  • Contractors know workers gather here.
  • Parking lots are open, accessible, and unregulated.
  • Tools, materials, and supplies are immediately available.
  • Workers can find jobs quickly and safely—until ICE arrives.

Why This Matters

Day laborers—many undocumented—are disproportionately targeted during public-space enforcement. Home Depot’s high visibility makes it a prime location for federal surveillance.

Related HLG Analysis

ICE official response says don't cooperate with ice. However it is complicit and does not expressly tell ICE to back off

SECTION 3 — HOME DEPOT’S OFFICIAL RESPONSE 

What Home Depot Says

  • “We do not collaborate with ICE.”
  • “We do not provide information or assistance.”
  • “We cannot control law enforcement in public spaces.”

What Critics Say

  • Denials are not equivalent to protection policies.
  • Home Depot refuses to post “No ICE cooperation” signage.
  • Stores are not trained to recognize or prevent profiling.
  • Security teams may be inconsistently enforcing rights protections.

HLG Perspective

Corporations often “over-comply” with law enforcement out of fear, lack of knowledge, or perceived obligation—creating de facto cooperation even without formal agreements.

#HOMEDEPORT BOYCOTT IS EXPLODING

SECTION 4 — WHY THE #HOMEDEPORT BOYCOTT IS EXPLODING

Momentum Sources

  • TikTok creators documenting ICE sightings
  • Latino influencers promoting #HomeDeport
  • Advocacy groups sharing HLG investigations
  • Newsweek amplification
  • Rising fear in mixed-status families
  • Increased ICE operations at retail stores

Key HLG Resources Fueling Boycotts

Economic Reality

Latino and immigrant consumers represent trillions in annual spending. Boycotts can:

  • shift corporate policies
  • force public commitments
  • drive national media coverage
  • reshape political pressure

immigrants should be careful visiting Home Depot

SECTION 5 — SAFETY GUIDE: WHAT IMMIGRANTS SHOULD KNOW BEFORE VISITING HOME DEPOT 

Know Your Rights in Parking Lots

  • You do not have to answer questions.
  • ICE needs a judge-signed warrant to detain inside private spaces.
  • You can record ICE encounters.
  • You can leave unless detained.
  • Do not run, flee, or present false documents.

For Mixed-Status Families

  • Travel together
  • Keep documents digital + accessible
  • Avoid large day-labor gatherings if anxious
  • Identify safe exit routes
  • Share trip plans with loved ones

For Day Laborers

  • Avoid working with unknown individuals offering “too good to be true” jobs
  • Watch for unmarked vehicles
  • Travel in pairs
  • Document suspicious activity

HLG Guides

SECTION 6 — LEGAL BREAKDOWN: WHEN CORPORATE COOPERATION BECOMES ILLEGAL

Corporations cannot:

  • Share customer data without a lawful request
  • Provide footage without subpoena
  • Allow ICE into private back-of-house areas
  • Facilitate racially targeted questioning
  • Enable detentions without legal basis

Corporations may inadvertently cooperate when:

  • Security teams provide access without understanding warrant rules
  • Managers misunderstand ICE’s authority
  • Staff feel pressured to comply without verification

HLG’s position: Ignorance is not neutrality.

SECTION 7 — THE RISE OF IMMIGRANT ECONOMIC POWER & CORPORATE ACCOUNTABILITY

Latino & Immigrant Consumer Impact

  • Over $2.5 trillion in national spending power
  • Billions in Midwest retail spending
  • A growing economic bloc with political influence

Boycott Effectiveness

Past boycotts forced major changes at:

  • Amazon
  • Tyson
  • Koch Foods
  • 7-Eleven
  • GEO Group-associated vendors

HLG’s investigations continue to expose corporate behavior:

companies doing business with ICE 2025 2026, ICE contractors and vendors infographic, ICE suppliers list 2025 2026, private companies working with ICE, ICE corporate contractors overview, companies supporting ICE operations,

SECTION 8 — WHY THIS MATTERS FOR OHIO IMMIGRANT COMMUNITIES

Ohio cities have:

  • Rapidly expanding Latino populations
  • High construction-sector employment
  • Day-laborer hubs at home-improvement stores
  • Increased ICE visibility
  • Strong immigrant-rights advocacy networks

Search spikes for “Home Deport,” “Home Depot ICE,” and “retail ICE sightings” are highest in:

  • Cleveland
  • Columbus
  • Cincinnati
  • Dayton
  • Akron
  • Toledo
  • Youngstown

HLG is the leading Ohio-based immigration law firm with 30+ years of experience protecting immigrant families.

EXPERT QUOTES BY RICHARD HERMAN

“Corporations must not be neutral when immigrant customers feel unsafe. Silence is not safety. Silence is complicity.”

“When a mixed-status family is afraid to buy a hammer or a light bulb, something has gone terribly wrong with our enforcement priorities.”

OHIO VS. NATIONAL IMMIGRATION LAWYERS (COMPARISON TABLE)

Key Area Herman Legal Group (Ohio-Based, National Reach) Many National Firms
ICE enforcement experience 30+ years Limited or regional
Mixed-status family defense Highly specialized Often generic
Marriage green cards Deep experience Varies widely
Emergency ICE response Local + rapid Call center routing
Presence in Ohio metros Strong Often none

Schedule a consultation:
https://www.lawfirm4immigrants.com/book-consultation/

EXPANDED FAQ — Home Depot, ICE, and Immigrant Safety in 2025–26

A. HOME DEPOT & ICE ALLEGATIONS

1. Did Home Depot actually cooperate with ICE?

Home Depot denies any formal cooperation with ICE. However, immigrant communities have reported repeated sightings of ICE agents near store entrances and parking lots.
Newsweek’s investigation documented these allegations:
Newsweek: Home Depot ICE Involvement
Whether or not Home Depot formally cooperated, the frequency of incidents has created a widespread perception of complicity.


2. What exactly did the Newsweek article say?

Key highlights from the Newsweek report include:

  • Eyewitness accounts of ICE presence near Home Depot stores
  • Video evidence circulating online showing unmarked vehicles
  • Concerns that Home Depot’s parking lots have become “soft enforcement zones”
  • Boycott movements growing on TikTok and X
  • Home Depot refusing to provide detailed responses to questions

This article triggered a national conversation that is still unfolding.


3. Why are immigrant communities alarmed?

Because Home Depot is a major hub for day laborers, particularly workers from Latino and immigrant communities. ICE visibility in such spaces feels like targeted profiling, especially during a period of heightened enforcement.


4. Is this the first time Home Depot has been linked to an ICE controversy?

No.
HLG has previously documented patterns of corporate silence, ambiguity, and community mistrust, including analysis in:


5. Does Home Depot have an anti-ICE policy?

No clear policy is published.
Home Depot does not publicly state that:

  • ICE is not allowed on private areas of its property, or
  • customers will be protected from profiling

Many immigrant-serving retailers (e.g., supermarkets in Latino areas) do publish such policies, which is part of the reason activists say Home Depot is behind.


6. What has Home Depot said in response to the allegations?

Their core message has been:

  • “We do not collaborate with immigration enforcement.”
  • “We cannot prevent law enforcement activity in public spaces.”
  • “We respect all customers.”

Critics say the response is vague, non-committal, and does not address safety concerns.


7. Is Home Depot legally required to allow ICE onto its property?

No.
If ICE does not have a judicial warrant, Home Depot can legally:

  • Ask ICE to leave private areas
  • Prevent them from entering staff-only zones
  • Restrict access to surveillance equipment
  • Require proper documentation

Home Depot has not clarified whether they take any of these steps.


8. Are these incidents happening nationwide, or only in certain states?

Reports exist in:

  • California
  • Texas
  • Georgia
  • Florida
  • Illinois
  • Arizona
  • Ohio
  • New York

This is a national pattern, not a localized one.


9. Are there videos of ICE activity at Home Depot?

Yes. Videos appear across TikTok, IG Reels, and WhatsApp. Some show:

  • Unmarked cars
  • Plainclothes agents
  • Questioning of workers
  • Arrests in parking lots

While video authenticity varies, the volume and consistency across platforms is notable.


10. Are Home Depot employees involved?

There is no documented evidence of formal involvement.
However, some workers have been accused (online) of warning ICE about day-laborer congregation patterns. These claims remain unverified.

B. BOYCOTTS & COMMUNITY RESPONSE


11. Why is it called “Home Deport”?

“Home Deport” is a viral nickname implying that Home Depot functions as a de facto deportation zone due to frequent ICE sightings.


12. Why are boycott calls growing?

Because communities believe:

  • Home Depot is not protecting immigrant customers
  • ICE uses parking lots strategically
  • Corporate silence increases risk
  • Day laborers are disproportionately targeted

HLG’s boycott guides have also accelerated awareness:
Black Friday ICE Boycott Guide


13. Do boycotts actually work?

Yes.
Past boycotts forced major companies (including food processors and retail chains) to:

  • Change leadership
  • Issue public statements
  • Implement worker-safety policies
  • Provide transparency reports

Consumer pressure is one of the most effective tools for immigrant communities.


14. Are other companies facing similar boycotts?

Yes.
See HLG’s full list:
Which Companies Are Facing Boycotts for ICE Links


15. Are Latino influencers involved in promoting the boycott?

Yes. Influencers, activists, community organizers, and immigrant journalists have been crucial in spreading this movement across:

  • TikTok
  • Instagram
  • X
  • Facebook groups
  • WhatsApp communities

16. Is Home Depot losing business because of the boycott?

It is too early to know conclusively, but social-media analytics show significant shifts in sentiment, especially among Latino audiences.


17. Could Home Depot reverse the backlash?

Yes — with a clear, enforceable policy against cooperating with ICE.
But they have not yet taken that step.

C. RIGHTS & SAFETY IN RETAIL SPACES


18. Can ICE legally approach someone in a parking lot?

Yes, if it is a public area and the individual is not detained.
Parking lots are considered “public access zones.”


19. Do I have to answer ICE questions?

No.
You have the right to:

  • Remain silent
  • Decline to answer
  • Ask if you are free to leave
  • Walk away calmly

20. Can ICE force me to show ID?

No — unless they have reasonable suspicion of criminal activity and are acting under proper authority. Immigration status alone is not enough.


21. Can I record ICE officers?

Yes.
You have the right to record law enforcement as long as you do not interfere.


22. Can ICE detain me without a warrant?

They can detain based on probable cause of removability, but they need a judicial warrant for certain actions in private spaces (inside stores, non-public zones, etc.)


23. What should I do if ICE approaches me?

  • Stay calm
  • Ask: “Am I free to leave?”
  • If yes, walk away
  • Do not lie
  • Do not present false documents
  • Call your attorney

Consult with HLG here:
https://www.lawfirm4immigrants.com/book-consultation/


24. Can ICE ask for my immigration documents?

They can ask — you are not required to answer.


25. Can ICE stop me because of how I look or sound?

No — racial or ethnic profiling is illegal.
But in practice, profiling happens frequently.

D. MIXED-STATUS FAMILIES


26. Are mixed-status couples at risk at Home Depot?

Yes.
Agents may attempt to question the non-citizen spouse, which can escalate quickly.


27. Can ICE target a U.S. citizen spouse?

They cannot detain a U.S. citizen for immigration violations, but they may:

  • Attempt to separate couples
  • Ask probing questions
  • Request identification

These interactions can be frightening and destabilizing.


28. Should mixed-status families avoid big-box retailers during this enforcement climate?

Not necessarily — but they should take precautions, especially where day laborers gather.


29. Can ICE detain someone during a Home Depot trip even if they have no criminal record?

Yes.
ICE often targets individuals solely based on civil immigration violations, including overstays.


30. What should families bring when shopping?

  • Lawyer’s contact info
  • Digital copies of documents
  • Phone battery backup
  • Emergency safety plan

31. What if my spouse has a pending marriage green card?

Pending cases do not protect against ICE.

See HLG’s marriage-based resources for guidance.

E. DAY LABORERS & WORKPLACE ISSUES


32. Why does ICE target day laborers?

Because they are:

  • Visible
  • Concentrated
  • Often undocumented
  • Economically vulnerable

33. Are day laborers protected under U.S. law?

Yes. All workers — regardless of immigration status — are protected under:

  • Wage laws
  • Anti-retaliation protections
  • Safety regulations

34. Does Home Depot have any responsibility to protect day laborers?

Morally: Yes.
Legally: Unclear, but corporations can take steps to discourage discriminatory profiling on their property.


35. Are contractors involved in tipping off ICE?

There is no verified evidence, but rumors spread frequently in online communities.


36. Should day laborers avoid Home Depot?

Workers should use caution, not necessarily avoid. Consider:

  • Traveling in groups
  • Avoiding suspicious recruiters
  • Having a safety plan

F. CORPORATE RESPONSIBILITY


37. Is Home Depot required to disclose ICE incidents?

No — there is no mandatory transparency requirement.
Advocates want this changed.


38. Are retailers like Home Depot regulated in how they interact with ICE?

Only partially.
Retailers CAN:

  • Deny access to non-public areas
  • Require warrants
  • Create staff protocols
  • Post “no cooperation” signage

39. Could Home Depot face legal consequences?

Yes, if they:

  • Violate customer privacy
  • Share data unlawfully
  • Facilitate discriminatory targeting

40. Can a retailer call ICE proactively?

They can, but doing so without cause could expose them to civil liability.

G. PRIVACY, FOOTAGE & DATA SHARING


41. Can Home Depot share surveillance footage with ICE?

Only with:

  • A subpoena,
  • A judicial warrant, or
  • Lawful request under federal regulations.

Voluntary sharing without legal basis may violate privacy law.


42. Can Home Depot share customer information with ICE?

Not without proper legal authority.


43. Do corporations often “over-share” with ICE?

Yes — often out of fear, confusion, or to avoid perceived liability.


44. Can ICE access license-plate readers used in parking lots?

Some states allow it; others restrict it.
Policies vary by jurisdiction and vendor.


45. Can ICE impersonate contractors or recruiters?

Yes — undercover operations are legal, and have been used in past stings.

H. OHIO-SPECIFIC QUESTIONS


46. Why is Ohio seeing increasing ICE activity near retail stores?

Ohio has:

  • Large construction workforce
  • Growing Latino communities
  • High day-laborer concentration
  • Many Home Depot locations situated near immigrant neighborhoods

47. Are ICE operations more aggressive in Ohio than elsewhere?

Aggressiveness varies by field office, but the Great Lakes region (Ohio, Michigan) has seen increased enforcement since 2024.


48. Are Ohio Home Depot stores considered high risk?

In cities like:

  • Cleveland
  • Columbus
  • Cincinnati
  • Dayton
  • Akron

…home-improvement stores are frequent gathering points for day laborers, making them higher visibility locations for potential enforcement.


49. Should Ohio families avoid these stores?

Not necessarily — but elevated caution is recommended.


50. Where can Ohio immigrants get legal help?

Herman Legal Group has served Ohio for over 30 years and provides confidential help for:

  • ICE arrests
  • Fear of enforcement
  • Mixed-status family planning
  • Marriage green cards
  • Removal defense

Schedule a consultation:
https://www.lawfirm4immigrants.com/book-consultation/

COMPREHENSIVE RESOURCE DIRECTORY 

(Government • Media • Herman Legal Group • Research & Data • Community Organizations • Ohio-Specific Resources)

A. Government Resources

U.S. Immigration Agencies & Enforcement

Worker & Civil Rights Protections

Know Your Rights Materials (Government)

B. National & International Media Resources

(outlets covering ICE enforcement and corporate accountability.)

Major U.S. Media

Spanish-Language Media

C. Herman Legal Group (HLG) In-Depth Investigations & Guides

( published on https://www.lawfirm4immigrants.com/)

Corporate Accountability & ICE Enforcement

Immigrant Safety & Enforcement Guidance

Marriage-Based Immigration & Family Protection

Emergency Help

D. Immigration Research, Think Tanks & Policy Analysis

Top Research Organizations

Academic & Economic Resources

E. Community Advocacy & Civil Rights Organizations

U.S. National Organizations

Worker Advocacy Organizations

F. Ohio-Specific & Midwest Immigration Resources

Ohio News & Media

Ohio Immigration Advocacy

Local Legal Support

G. Enforcement Tracking & Data Transparency

H. Consumer Protection & Corporate Ethics

I. Emergency Safety & Hotline Resources

KEY TAKEAWAYS

#1 — Home Depot Is Under National Scrutiny

Newsweek and multiple media outlets report repeated claims of ICE presence at Home Depot stores.
While Home Depot denies cooperation, immigrant communities report consistent, alarming patterns.

#2 — ICE Enforcement in Public Commercial Spaces Is Increasing

2025–26 has seen a major rise in ICE surveillance of parking lots, retail zones, and transit hubs—making day laborers and mixed-status families more vulnerable.

#3 — Corporate Neutrality Is Not Safety

Home Depot’s silence and lack of explicit anti-ICE policies contribute to fear and mistrust. Retailers can restrict cooperation with ICE but often fail to act.

#4 — Boycotts Are Spreading Across Latino & Immigrant Communities

The #HomeDeport movement is growing rapidly, driven by TikTok, WhatsApp, and reporting from HLG.
Immigrant consumers control trillions in national spending power.

 #5 — Mixed-Status Families Need Clear Safety Plans

Public spaces remain high-risk for undocumented individuals and their families.
Know-your-rights education and legal planning are essential.

 #6 — Day Laborers Are Especially Vulnerable

Home-improvement stores attract day laborers—and therefore attract ICE surveillance.
Workers should take extra precautions, including recording incidents and traveling in groups.

#7 — Ohio Is Emerging as a Major Search Hotspot for Home Depot + ICE Issues

Ohio cities (Cleveland, Columbus, Cincinnati, Dayton, Akron, Toledo, Youngstown) are experiencing increased enforcement, elevated fear, and rising online search volume.

 #8 — Legal Guidance Is Essential During Heightened Enforcement

HLG’s 30+ years of experience make it one of the nation’s most trusted firms for:

  • Deportation defense
  • ICE arrest response
  • Marriage-based green cards
  • Mixed-status family safety
  • Corporate enforcement analysis

Schedule a consultation:
https://www.lawfirm4immigrants.com/book-consultation/

Am I Eligible for U.S. Citizenship With a DUI?

If you have a DUI arrest or conviction and are thinking about applying for U.S. citizenship, you are right to stop and ask this question first: am I eligible for citizenship with DUI?

A DUI does not automatically disqualify you from naturalization—but it can create serious legal risk if you file Form N-400 without understanding how USCIS evaluates good moral character (GMC), how recent policy and case law treat multiple DUIs, and how officers assess rehabilitation.

This guide explains the law, the “new rules” in practice, how USCIS officers decide DUI cases, and what to do before you file.

Understanding whether am I eligible for citizenship with DUI can significantly impact your application process.

Quick Answer

Yes, you may still be eligible for U.S. citizenship with a DUI—but eligibility depends on your full record.

USCIS evaluates DUI history under the good moral character (GMC) requirement using federal law and agency policy. A single older DUI with no aggravating factors may not block naturalization. However, multiple DUIs, recent incidents, probation issues, or aggravating facts (accidents, injuries, high BAC) can lead to denial or heightened scrutiny. USCIS may also consider conduct outside the 3- or 5-year statutory period when assessing present character.

Before filing Form N-400, a legal risk review is strongly recommended.

Book a consultation with Herman Legal Group

am I eligible for citizenship with DUI

Fast Facts: DUI & Citizenship

  • DUI is not an automatic bar to citizenship

  • USCIS evaluates DUI under good moral character (GMC)

  • One DUI ≠ multiple DUIs in USCIS analysis

  • Filing while on probation is high risk

  • Expunged or dismissed cases must still be disclosed

  • USCIS can consider conduct outside the statutory period

  • Documentation and rehabilitation matter

  • Strategy and timing often determine approval vs. denial

Check out our deep dive Guide:

Citizenship eligibility with DUI: Naturalization guide
https://www.lawfirm4immigrants.com/citizenship-eligibility-dui-conviction-naturalization-guide/?utm_source=chatgpt.com

 

 

DUI probation citizenship, DUI arrest citizenship, DUI conviction citizenship, good moral character DUI, USCIS DUI policy, DUI immigration consequences,

The Law on Good Moral Character (GMC)

Statutory foundation (INA)

To naturalize, an applicant must show they “have been and still are” a person of good moral character during the required period and through the oath. The statutory period is:

  • Five years for most applicants

  • Three years for certain marriage-based applicants

Crucially, USCIS is not limited to a mechanical look-back. The statute allows consideration of earlier conduct when it bears on present character.

The controlling regulation: 8 C.F.R. § 316.10

USCIS applies 8 C.F.R. § 316.10, which provides:

  • The burden of proof is on the applicant

  • GMC is judged by community standards

  • Certain crimes are automatic or conditional bars

  • Even when no listed bar applies, USCIS may deny for “unlawful acts” that adversely reflect on character, unless extenuating circumstances are shown

This “unlawful acts” provision is the legal hook most often used in DUI-related denials.

USCIS Policy Manual (what officers are trained to do)

Officers rely on USCIS Policy Manual, Volume 12, Part F (Good Moral Character), which instructs adjudicators to:

  • Apply a totality-of-the-circumstances analysis

  • Evaluate patterns, not just isolated convictions

  • Consider conduct outside the statutory period if relevant

  • Request documentation and explanations where alcohol-related conduct appears

Official resource:
USCIS Policy Manual – Good Moral Character

DUI-specific policy tightening (2019 → 2025)

2019 implementation guidance directed officers to treat multiple DUI convictions as strong evidence of a GMC problem, reflecting higher-level immigration adjudication trends.

August 15, 2025 USCIS policy memorandum reaffirmed a holistic GMC review, emphasizing officer discretion, pattern analysis, and credibility. While not a new statute, it is binding internal guidance and has increased scrutiny in DUI cases.

Practical takeaway: DUI cases—especially multiple DUIs—are reviewed more aggressively in 2026 than they were a decade ago.

Federal & BIA Case Law That Shapes DUI Analysis

Matter of Castillo-Perez (A.G. 2019)

  • Held that two or more DUI convictions create a rebuttable presumption of lack of good moral character (in the cancellation context)

  • Not a naturalization case, but highly influential

  • USCIS has echoed this logic in guidance and training

Berenyi v. District Director, INS (U.S. Supreme Court)

  • Naturalization applicants bear the burden of proof

  • Doubts are resolved against the applicant

  • Reinforces why unresolved DUI issues are dangerous to file with

Hussein v. Barrett (9th Cir.)

  • Confirms the “unlawful acts” provision is not automatic

  • Officers must consider context, mitigation, and extenuating circumstances

Ledezma-Cosino v. Sessions (9th Cir.)

  • Interprets the INA’s “habitual drunkard” exclusion

  • Explains why repeated alcohol-related conduct can implicate GMC

Bottom line: Courts consistently uphold USCIS’s broad discretion in GMC determinations. DUI cases rise or fall on facts, patterns, and credibility.

How USCIS Officers Decide DUI Cases (Decision Tree)

Step 1: Disclosure check
Did the applicant disclose every arrest and citation?

  • No → credibility/misrepresentation risk

  • Yes → proceed

Step 2: Statutory period
Is the case within the 3- or 5-year GMC window and clean through oath?

Step 3: DUI count

  • One DUI → scrutiny review

  • Two or more DUIs → pattern/presumption review

Step 4: Aggravating factors

  • Accident or injury

  • High BAC

  • Child in vehicle

  • Suspended license

  • Probation violations

Step 5: Legal framework

  • Per se bar? (usually no for simple DUI)

  • Conditional bar or “habitual drunkard” concerns?

  • “Unlawful acts” analysis with or without extenuating circumstances?

Step 6: Outcome

  • Approve

  • Request for Evidence (RFE)

  • Continued review

  • Deny

Step 7: Outside-period conduct

  • Older DUIs may still be weighed if they suggest a pattern

HLG role: Predict where your case lands before you file—and build the record so USCIS can lawfully approve.

Book a consultation

Proving Rehabilitation & Recovery (What Actually Works)

Rehabilitation is not one document—it is a coherent evidentiary record.

1) Close the court record

  • Certified dispositions

  • Proof probation is complete

  • DUI classes, fines, interlock compliance

2) Treatment & recovery (when applicable)

  • Alcohol/substance evaluations

  • Treatment completion records

  • Attendance logs (AA/SMART)

  • Counselor letters (fact-based, not speculative)

3) Stability & responsibility evidence

  • Continuous employment and taxes

  • Clean driving record since DUI

  • Family and community responsibilities

  • No new arrests or violations

4) Reference letters (done correctly)

  • Acknowledge awareness of the DUI

  • Describe observed change and responsibility

  • Consistent with your sworn narrative

5) Applicant’s sworn statement

  • Accept responsibility

  • Explain what changed

  • Show insight and prevention plan

  • Match every document and N-400 answer

Common fatal errors: minimization, omissions, inconsistencies, filing while on probation.

DUI Naturalization Interview Question Bank (What USCIS Will Ask)

Applicants with DUI history should expect questions like:

About the incident(s)

  • “Tell me what happened during your DUI arrest.”

  • “How much alcohol did you consume?”

  • “Was anyone injured or was there an accident?”

About the court case

  • “What was the final disposition?”

  • “Did you complete probation? When?”

  • “Did you attend DUI or alcohol education classes?”

About patterns

  • “Have you ever been arrested or cited for alcohol-related conduct before?”

  • “Have there been any issues since this incident?”

About rehabilitation

  • “What changes did you make after the DUI?”

  • “Do you drink alcohol now?”

  • “What steps have you taken to prevent this from happening again?”

About credibility

  • “Why did you answer this question the way you did on the N-400?”

  • “Is there anything else we should know about your criminal history?”

HLG practice tip: Interview outcomes often hinge on consistency, not just the facts.

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When NOT to File for Citizenship if You Have a DUI (Critical Red Flags)

One of the most common—and costly—mistakes in DUI-related naturalization cases is filing too early or without a strategy. In some situations, waiting and preparing is far safer than filing immediately.

You should usually NOT file Form N-400 if any of the following apply:

1. You are still on probation or parole

Filing while court supervision is ongoing almost always creates a good moral character problem. USCIS frequently denies these cases.

2. You have two or more DUI convictions and no rehabilitation record

Multiple DUIs without documented treatment, time, and behavioral change are high-risk under current USCIS policy and case law.

3. Your DUI was very recent

Recent conduct weighs heavily against a finding of present good moral character, even if the case is technically resolved.

4. There were aggravating factors

Examples include:

  • Accident or injury

  • Extremely high BAC

  • Child in the vehicle

  • Driving on a suspended or revoked license

These factors sharply increase scrutiny.

5. You have any unresolved criminal or immigration issues

Outstanding warrants, unpaid fines, missed probation requirements, or prior immigration violations can compound risk.

6. You are unsure whether you disclosed everything in prior filings

If your N-400 answers do not perfectly match prior immigration applications, court records, or background checks, filing can trigger credibility or misrepresentation findings.

7. You cannot clearly explain what changed after the DUI

If you cannot articulate rehabilitation, responsibility, and prevention in a consistent narrative, you are not ready to file.

What to Do Instead of Filing Too Soon

If one or more red flags apply, the safer approach is:

  1. Pause filing

  2. Complete all court and probation obligations

  3. Build a rehabilitation and stability record

  4. Prepare consistent documentation and explanations

  5. Get a legal risk assessment before filing

HLG’s DUI-specific screening process is designed for exactly these scenarios.

👉 Book a consultation with Herman Legal Group

 

Frequently Asked Questions: Citizenship Eligibility With a DUI

1. Am I eligible for U.S. citizenship if I have a DUI?

Possibly, yes.
A DUI does not automatically disqualify you from U.S. citizenship. USCIS evaluates DUI history under the good moral character (GMC) requirement. Eligibility depends on factors such as how many DUIs you have, how recent they are, whether there were aggravating factors, and whether you completed all court requirements.

Before filing Form N-400, a legal risk review is strongly recommended.
Book a consultation with Herman Legal Group


2. Does one DUI automatically disqualify me from naturalization?

No.
A single DUI—especially if it occurred several years ago and involved no injuries, accidents, or probation violations—often does not prevent naturalization. However, USCIS will still scrutinize the incident and require full disclosure and documentation.


3. Will multiple DUIs prevent me from becoming a U.S. citizen?

Multiple DUIs significantly increase the risk of denial.
USCIS treats two or more DUI convictions as a potential pattern affecting good moral character. These cases are not automatically denied, but they require careful timing, documentation, and evidence of rehabilitation before filing.


4. How does USCIS evaluate DUI cases for citizenship?

USCIS applies a totality-of-the-circumstances analysis, looking at:

  • Number of DUI arrests or convictions
  • Timing relative to the 3- or 5-year statutory period
  • Completion of probation and sentencing
  • Aggravating factors (accidents, injuries, high BAC)
  • Evidence of rehabilitation and stability
  • Overall criminal and immigration history

5. What is “good moral character,” and why does it matter for DUI cases?

Good moral character is a legal requirement for naturalization.
USCIS uses it to assess whether an applicant has followed the law and demonstrated responsible behavior. A DUI can be considered an “unlawful act” that affects this analysis, especially if there is a pattern or recent conduct.


6. Can USCIS look at DUI conduct outside the statutory period?

Yes.
Although USCIS focuses on the 3- or 5-year statutory period, officers may consider older DUI conduct if it is relevant to evaluating your present character or suggests an ongoing pattern.


7. Should I apply for citizenship while still on probation for a DUI?

Usually, no.
Filing Form N-400 while still on probation or parole is considered high risk. USCIS often denies these cases because the applicant has not yet completed court-ordered obligations or demonstrated sustained good moral character.


8. What if my DUI charge was dismissed or reduced?

You must still disclose it.
USCIS requires disclosure of all arrests, even if the case was dismissed, reduced, sealed, or expunged. Failure to disclose can lead to denial for misrepresentation—even if the DUI itself would not have barred approval.


9. Does expungement erase DUI issues for citizenship purposes?

No.
Expungement may help under state law, but it does not eliminate immigration scrutiny. USCIS can still review the underlying conduct and court records when evaluating good moral character.


10. Can a DUI cause my citizenship application to be denied?

Yes, in some cases.
Denials commonly occur when:

  • There are multiple DUIs
  • The DUI is recent
  • There were injuries or aggravating factors
  • The applicant filed while on probation
  • The applicant failed to disclose arrests accurately

11. Can a DUI trigger deportation or removal proceedings?

In some situations, yes.
A simple DUI alone usually does not lead to deportation, but multiple DUIs, combined offenses, or misrepresentation during the naturalization process can create serious immigration consequences.


12. How long should I wait after a DUI before applying for citizenship?

There is no universal waiting period.
The safest timing depends on completion of probation, time since the DUI, evidence of rehabilitation, and your overall record. An immigration lawyer can help determine when filing is safest.


13. What documents will USCIS ask for in DUI cases?

USCIS often requests:

  • Certified court dispositions
  • Proof of probation completion
  • Police or arrest reports
  • DUI education or treatment records
  • Evidence of rehabilitation and stability

Preparing these in advance reduces delays and risk.


14. What questions will USCIS ask at a citizenship interview about a DUI?

Common questions include:

  • What happened during the DUI incident?
  • Did anyone get hurt?
  • Did you complete probation and classes?
  • What changes have you made since the DUI?
  • Do you currently drink alcohol?

Consistency and honesty are critical.


15. Do I need an immigration lawyer if I have a DUI?

You are not legally required to have a lawyer, but DUI-related naturalization cases are among the most frequently denied when applicants file without legal guidance. Legal screening can prevent avoidable denials.

👉 Schedule a consultation with Herman Legal Group


16. Can Herman Legal Group help if my DUI happened outside Ohio?

Yes.
Herman Legal Group represents citizenship applicants nationwide, regardless of where the DUI occurred, and has extensive experience with DUI-related naturalization cases.

Learn more:
👉 Citizenship & naturalization lawyers at Herman Legal Group


17. What is the safest next step if I have a DUI and want citizenship?

The safest step is not filing immediately, but getting a professional risk assessment first.

👉 Book a confidential consultation with Herman Legal Group to evaluate your DUI history, timing, and strategy before submitting Form N-400.

Ohio DUI & Citizenship Help (Statewide + Nationwide)

Herman Legal Group assists naturalization applicants with DUI history throughout Ohio, including:

  • Cleveland

  • Columbus

  • Cincinnati

  • Dayton

  • Akron

  • Toledo

  • Youngstown

We also represent clients nationwide, regardless of where the DUI occurred.

Learn more:
Citizenship & naturalization lawyers at HLG

The Safest Next Step

A DUI does not automatically prevent citizenship—but filing without strategy can turn a manageable issue into a denial or enforcement problem.

If you have any DUI history, especially more than one incident, the safest step is a professional risk review before filing Form N-400.

Book a confidential consultation with Herman Legal Group
Learn more at lawfirm4immigrants.com

Related HLG Resources: DUI, Naturalization, and Risk Screening

For readers who want deeper, case-specific guidance, Herman Legal Group maintains a dedicated library addressing DUI history and U.S. citizenship eligibility:

These resources are designed to help applicants assess risk before filing, not after a denial.

U.S. Citizenship & Immigration Services (USCIS)

USCIS Naturalization Overview

General information on eligibility, Form N-400, interviews, and the oath process.
https://www.uscis.gov/citizenship


USCIS Policy Manual – Good Moral Character (GMC)

Primary legal guidance used by USCIS officers to evaluate good moral character, including DUI-related issues, statutory periods, and discretionary analysis.
https://www.uscis.gov/policy-manual/volume-12-part-f


USCIS Form N-400 (Application for Naturalization)

Official form instructions, filing requirements, and eligibility questions (including criminal history disclosures).
https://www.uscis.gov/n-400


USCIS Criminal History & Arrest Disclosure Guidance

Explains disclosure obligations and background check procedures during naturalization.
https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-2


Federal Statutes & Regulations (Legal Authority)

Immigration and Nationality Act (INA)

Statutory basis for naturalization eligibility and good moral character requirements.
https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim


8 C.F.R. § 316.10 — Good Moral Character Regulation

Primary regulation governing how USCIS evaluates GMC, including the “unlawful acts” provision.
https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.10


Key Immigration Case Law (Public Access)

Matter of Castillo-Perez (A.G. 2019)

Attorney General decision frequently cited for the treatment of multiple DUI convictions in GMC analysis.
https://www.justice.gov/eoir/page/file/1141911/download

The Conservative Case Against ICE Overreach (2025–2026): Why Limited-Government Americans Are Speaking Out

Immigration enforcement is a legitimate government function. Most conservatives agree on that.

But here is the hard truth many Americans are confronting in 2025–2026:

When immigration enforcement becomes militarized, indiscriminate, and unaccountable, it stops being “rule of law” and starts looking like government overreach.

That is why a growing number of conservative-leaning voters—especially libertarian conservatives, constitutional conservatives, and business conservatives—are raising alarms about ICE overreach.

This isn’t a left-wing argument.

This is the core conservative warning that has existed since the founding era:

Government power must be limited, transparent, and restrained—or it will expand until it harms everyone.

conservatives criticize ice

Fast Facts: The Conservative Case Against ICE Overreach (Quick Summary)

Bottom line: Conservatives can support immigration enforcement and still oppose ICE overreach.

Key conservative objections in 2025–2026:

  • Unaccountable federal power (raids, surveillance, escalating tactics)

  • Due process erosion (detain first, sort later)

  • Sweeping operations that harm communities and local economies

  • Militarized enforcement culture that increases risk of tragedy

  • Weak transparency (who is accountable when something goes wrong?)

Conservative “middle path” solution:

  • Focus enforcement on serious public safety threats

  • Require de-escalation and constitutional compliance

  • Expand oversight and transparency

  • Modernize immigration pathways so enforcement isn’t used as a substitute for policy

If you are worried about your rights during enforcement operations, start with:
What to Do If ICE Comes to Your Door: 10 Smart Things

Conservative case against ICE overreach

A Conservative Starting Point: Enforcement Is Not a Blank Check

Conservatism is not “whatever the government wants, as long as the target is unpopular.”

True conservatism is:

  • limited government

  • individual liberty

  • due process

  • transparent enforcement

  • constitutional boundaries

That means conservatives can support immigration laws while still insisting:

Enforcement must be restrained

Enforcement must be accountable

Enforcement must not become political theater

If you’re looking for a detailed overview of how enforcement is changing, see:
Why Is ICE So Aggressive and Militaristic?

libertarian conservatives immigration, constitutional conservatives ICE, due process immigration enforcement, ICE warrant requirements, ICE administrative warrant vs judicial warrant, ICE use of force,

What “ICE Overreach” Means (In Plain English)

ICE overreach typically means enforcement tactics that go beyond targeted public safety goals and begin to resemble indiscriminate, high-pressure policing, such as:

  • sweeping workplace raids targeting non-violent workers

  • enforcement quotas and volume-driven arrest targets

  • tactics that escalate rather than de-escalate

  • operations that undermine trust in local institutions

  • detention expansion that becomes punishment-like rather than administrative

In 2025–2026, concerns are growing that enforcement is being driven by political demands and optics rather than public safety prioritization.

For example, HLG has examined enforcement priorities and concerns about “volume” enforcement here:
Does the ICE Quota Put Me at Increased Risk? What Trump’s 3,000 Daily Arrest Mandate Means

film ICE raids rights, lawful protest ICE, lawful boycott ICE contractors, ICE contractor verification USAspending, corporate accountability ICE

The Conservative Argument in One Sentence

A government powerful enough to raid, detain, and surveil large groups of people with minimal transparency is powerful enough to do that to citizens too.

That’s the conservative concern.

Not “no enforcement.”

But no unchecked enforcement.

Major Conservative Celebrities and Respected Voices Opposing ICE Overreach (2025–2026)

For years, Trump’s immigration agenda was treated as a loyalty test inside conservative politics: if you were “tough,” you supported aggressive enforcement—no questions asked.

But in 2025–2026, that automatic support is cracking.

A growing number of conservative and conservative-adjacent voices are publicly warning that ICE’s tactics—especially when militarized, escalation-prone, or sweep-based—aren’t “law and order.”

They’re government overreach.

Joe Rogan: “Are we really going to be the Gestapo?”

One of the most high-impact conservative-adjacent critiques came from Joe Rogan, a cultural heavyweight who previously endorsed Trump and whose audience is heavily male, independent, and right-leaning.

After the Minneapolis ICE operation that ended with the killing of Renee Nicole Good, Rogan condemned the escalation and the broader direction of immigration enforcement—explicitly comparing ICE tactics to authoritarian policing:

“Are we really going to be the Gestapo? Where’s your papers?”

He described the situation as “horrific” and warned that militarized enforcement risks turning communities into “papers please” zones where ordinary people can be “snatched up” in public without real accountability.

Read more coverage here: Axios: Rogan blasts Trump’s “Gestapo” immigration tactics and The Guardian: Rogan questions Trump’s immigration enforcement after Minneapolis shooting.

Tucker Carlson: Conservatives should view the shooting through a “human lens”

In a rare break from hardline enforcement messaging, conservative pundit Tucker Carlson publicly criticized the right’s reaction to the same incident—pushing conservatives to treat the death as a human tragedy rather than propaganda fuel.

According to reporting, Carlson called the killing a “human tragedy” and asked why Republicans weren’t viewing it through a “human lens.”

Source: Forbes: Tucker Carlson blasts conservative response to Renee Good’s death.

Bill O’Reilly: “ICE needs to de-escalate”

Another major conservative voice to break from the “ICE can do no wrong” line was Bill O’Reilly, who argued that federal agents should not escalate situations into deadly force encounters.

O’Reilly stated bluntly:

“ICE needs to de-escalate.”

He went further, arguing that when an operation reaches a point where deadly force feels likely, agents should pull back instead of pushing forward into a confrontation that can spiral into tragedy.

Source: Salon: “ICE needs to de-escalate”: O’Reilly calls on DHS to tone down tactics.

Republicans breaking with Trump over sweeping raids (2025): “Avoid the kinds of sweeping raids…”

Not all opposition to ICE tactics is coming from media celebrities.

In 2025, six California Republican lawmakers issued one of the clearest GOP statements against the enforcement approach itself—urging Trump to stop broad workplace raids and refocus on violent offenders.

In their formal letter to the President, the lawmakers called on DHS:

“…to focus their enforcement operations on criminal immigrants, and when possible to avoid the kinds of sweeping raids that instill fear and disrupt the workplace.”

They also urged modernization of immigration policy to allow certain long-term, non-criminal undocumented residents a pathway toward legal status.

Primary source letter (PDF): California GOP letter to President Trump (June 27, 2025)
Additional coverage: Los Angeles Times: California Republicans tell Trump ICE raids should focus on criminals, not ordinary workers.

Why these conservative quotes matter

These voices aren’t arguing for “open borders.”

They’re making a different—and deeply conservative—claim:

  • Enforcement has limits

  • State power must be restrained

  • Militarized raids create backlash and instability

  • Sweeping operations hurt families, workplaces, and trust

  • Deadly force incidents destroy public legitimacy

In other words:

A conservative can support immigration enforcement and still oppose ICE overreach.

That is not weakness.
That is constitutional principle.

Conservative Rights Checklist (Do This, Not That)

This checklist is designed for conservative and independent-minded Americans who believe in the Constitution, respect law enforcement, and still want to protect liberty.

DO: Demand constitutional enforcement

  • Ask whether actions require a judge-signed warrant

  • Demand transparency about what authority is being used

Start here:
Can ICE Enter My Home Without a Warrant?

DO: Stay calm and use silence strategically

  • You do not have to answer questions beyond identifying information

  • Do not guess or “talk your way out of it”

  • Ask for a lawyer

Practical guide:
What to Do If ICE Comes to Your Door (10 Smart Things)

DO: Document encounters safely (without interfering)

If you witness enforcement activity, you can often record from a safe distance—but do not obstruct.

Helpful legal guidance:
ACLU — Filming and Photographing the Police

DO: Protect your family and paperwork

Have a plan:

  • emergency contacts

  • childcare plan

  • attorney contact information

  • key documents secured

Ohio-specific planning resource:
How to Prepare for an ICE Arrest in Columbus, Ohio

DON’T: Assume “only criminals” are at risk

In practice, enforcement can sweep broadly, especially during crackdowns and quota-driven periods.

DON’T: Confuse administrative warrants with judicial warrants

This is one of the most misunderstood issues. A “warrant” is not always a judge warrant.

DON’T: Take the government’s “public safety” framing at face value

Ask:

  • Is this targeted?

  • Is this lawful?

  • Is this necessary?

  • Is there oversight?

The Business Conservative Case: Sweeping Raids Are Bad for Markets and Community Stability

Even many pro-enforcement conservatives believe sweeping workplace raids:

  • disrupt labor markets

  • destabilize industries (restaurants, hotels, construction, agriculture)

  • push workers underground

  • reduce community cooperation with police

  • increase chaos without improving safety

That is why you are increasingly seeing conservative-leaning “workforce realism” arguments emerge in 2025–2026—even among Republicans who do not support broad legalization.

The Due Process Conservative Case: Detention Should Not Become Punishment

Many Americans do not realize how much immigration enforcement relies on detention power.

When detention becomes routine and prolonged, the conservative question becomes:

Is the government using detention as a tool of administrative process—or as coercion and punishment?

HLG has covered the record growth in detention and its impact here:
New Record: ICE Detainee Population Reaches High (2025)

The “Door Knock” Reality: Rights Matter Most When You’re Afraid

Rights do not matter in the abstract.

They matter in the moment:

  • when agents are at your home

  • when a parent is terrified

  • when a spouse doesn’t know what happens next

  • when someone is detained and the family cannot locate them

Start here:
What to Do If ICE Comes to Your Door

If You’re Facing Enforcement: Talk to a Lawyer Before You “Do Something Permanent”

In the panic of an enforcement threat, people often make irreversible mistakes:

  • leaving the U.S. without advice

  • withdrawing valid applications

  • missing court deadlines

  • signing papers without understanding them

If you need guidance, you can book directly here:
Book a Consultation with Herman Legal Group

Frequently Asked Questions (Conservative ICE Overreach FAQ)

1) Is opposing ICE overreach the same as supporting open borders?

No. Many conservatives support immigration enforcement but oppose sweeping raids, militarized tactics, and due-process shortcuts.


2) Can ICE enter my home without a warrant?

Often not legally, unless they have valid authority. A key issue is whether the document is a judge-signed judicial warrant versus an ICE administrative form.

Start here:
Facing an Immigration Crackdown in Your City? What Non-Citizens Must Know


3) What should I do if ICE comes to my door?

Stay calm, do not open the door without verifying authority, do not consent to entry, and contact counsel.

Step-by-step:
What to Do If ICE Comes to Your Door: 10 Smart Things


4) Do I have the right to remain silent?

In many scenarios, yes—you should avoid answering substantive questions without an attorney.


5) Can I record ICE activity?

Recording government officials performing duties in public is often protected, but you must not interfere.

Guidance:
ACLU — Filming and Photographing the Police


6) What is an “ICE administrative warrant”?

Many ICE documents are not signed by a judge. That difference can be critical for home entry authority.


7) Are green card holders at risk during enforcement crackdowns?

Yes. LPRs can face detention or removal in certain situations (old convictions, travel issues, alleged abandonment, etc.).

See:
Facing an Immigration Crackdown in Your City? What Non-Citizens Must Know


8) Are workplace raids really happening in 2025–2026?

Yes—enforcement activity and fear spikes have been widely reported, including local impacts in Ohio.

Ohio example:
ICE Arrests in Columbus, Ohio: Explosive Effects


9) What is an immigration bond?

An immigration bond may allow a detained person to be released while their case continues in immigration court.

Ohio example:
Operation Buckeye: ICE Arrests in Columbus Ohio


10) Does ICE prioritize only “criminal immigrants”?

Not always in practice—especially during high-pressure enforcement periods.


11) What is “ICE overreach” in practical terms?

Usually it means enforcement that becomes:

  • overly broad

  • escalation-first

  • quota-driven

  • detention-heavy

  • weak on transparency and oversight

For more detail:
Why Is ICE So Aggressive and Militaristic?


12) What should families do before an arrest happens?

Prepare documents, emergency plans, and legal strategy in advance.

Ohio guide:
How to Prepare for an ICE Arrest in Columbus, Ohio


13) What if ICE arrests someone at a USCIS interview?

That risk has been documented in 2025–2026 in at least some field office contexts.

See:
Married to a U.S. Citizen but Still Handcuffed? (San Diego Interview Arrests)


14) What are my rights if I want to protest ICE activity?

You generally have First Amendment protections, but there are lawful limits and safety issues.

See:
ACLU — Protesters’ Rights


15) When should I talk to an immigration lawyer?

Immediately—especially before:

  • traveling

  • signing anything

  • leaving the U.S.

  • withdrawing an application

  • skipping a hearing

Consultation link:
Book a Consultation

Closing: The Conservative Bottom Line

Conservatives don’t have to choose between:

  • “no enforcement,” and

  • “unchecked enforcement.”

The conservative position is clearer than that:

Enforce the law—within the Constitution.
Keep power limited.
Keep it transparent.
Keep it accountable.

And if your family is facing enforcement risk, preparation matters more than panic.

Start here:
What to Do If ICE Comes to Your Door
Or book help here:
Book a Consultation

Resource Directory: ICE Militarization, Use of Force, Constitutional Rights, and Lawful Boycotts (2025–2026)

A) Herman Legal Group (HLG) Resources

ICE Militarization, Raids, and Enforcement Escalation

Know-Your-Rights: Home Visits, Door Knocks, and Arrest Preparation

Ohio / Columbus: Enforcement Activity + Community Response

“Arrest at USCIS” and Enforcement Trap Risks

Action / Help


B) Constitutional Rights When ICE Shows Up (External)

Right to Film / Record ICE (First Amendment)

Filming Police / Government Officials (General)


C) Use of Force Standards (Government / Primary Sources)

DHS Department-Wide Use of Force Policy

ICE Detention Use-of-Force / Restraints Standard

ICE Use of Force (Historical Policy Source via AILA)

Federal Standards (Context)


D) Masked/Unidentified Agents, “Secret Police” Concerns, Militarized Tactics (External Reporting)

These sources are useful for explaining the controversy around masked enforcement, lack of accountability, and public fear:


E) ICE Enforcement at Courthouses (Policy Document)


F) Lawful Boycotts, “Corporate Accountability,” and First Amendment Protection

The Right to Boycott (Core Constitutional Protection)

Boycott-Related Legal Challenges (Example State-Level)


G) “Safe Boycott” + Verifying ICE Contractors (Best Practice Sources)

If you publish boycott content, the safest approach is verifiable facts + authoritative records:

Federal Contract Verification

“Do Not Guess” / Use Evidence Standards

  • Use award records (recipient, award ID, obligated amount, agency)

  • Archive screenshots

  • Use neutral language if you cannot confirm

H) Quick “One-Click” Mini Index

Militarized ICE / raids

Use of force / deadly force standards

Recording ICE / protesting

Boycotts

Get help / plan ahead

Ongoing Government Shutdown 2025: Impact on Immigration (Updated October 15, 2025)

 

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By Richard T. Herman, Esq.

The federal government has been shut down since October 1, 2025, following the failure of Congress to pass appropriations or a continuing resolution. While the funding lapse continues, several immigration functions have now partially stabilized:
E-Verify is back online (as of October 8–9, 2025).
All immigration court cases continue as originally scheduled

This article explains how immigration agencies are adapting under partial operations, which services are active, and what employers, immigrants, and attorneys should expect during the ongoing shutdown.

1. The Current State of the Shutdown

The funding lapse began October 1 after negotiations collapsed (ABC News).
Mass furloughs and layoffs (RIFs) across multiple departments have strained agency capacity (Politico).
Courts have temporarily limited further terminations pending review (Washington Post).

For context, see the Antideficiency Act background and CRS Shutdown Analysis.

2. Immigration Agency Operations

U.S. Citizenship and Immigration Services (USCIS)

uscis.gov

Operating normally (fee-funded):

  • Processing of I-130, I-140, I-485, N-400, I-765, and other benefit forms.
  • Biometrics and interviews where offices remain open.
  • Digital tools: Case Status Online | Processing Times.

Delayed:

  • Background/security checks that depend on the FBI or DOS.
  • FOIA and customer-service requests.

Snippet Call-Out: USCIS remains open, but cases needing external verification are moving slower.

Department of Labor (OFLC – PERM, LCA, PWD)

dol.gov/agencies/eta/foreign-labor

Still suspended: PERM filings, Labor Condition Applications, and Prevailing Wage Determinations.
The FLAG Portal remains offline.
Employers cannot file new H-1B or PERM cases until funding is restored.
See updates from Fragomen and AILA.

Department of State (DOS) – Embassies and Consulates

travel.state.gov

Operations continue using fee reserves, but many smaller posts have reduced routine visa appointments.
Check U.S. Embassy & Consulate Updates for local status.

Customs and Border Protection (CBP)

cbp.gov

CBP officers are working without pay as “excepted employees.”
Ports of entry are open but understaffed. Expect longer lines and delays for secondary inspections and Trusted Traveler interviews (TTP Portal).

Immigration and Customs Enforcement (ICE)

ice.gov

  • Enforcement, detention, and removal operations continue.
  • Administrative processing and transport services face delays.
  • Locate field offices via ICE ERO Directory.

Executive Office for Immigration Review (EOIR)

justice.gov/eoir

Both detained and non-detained dockets are proceeding, though with reduced clerical support.
See EOIR Operational Status for daily court notices.

Immigration courts are in session for both detained and non-detained cases — but expect sparse staff and slower decisions.

E-Verify (Work Authorization System)

e-verify.gov

Status: E-Verify is fully back online as of October 8–9, 2025.

Snippet Call-Out: E-Verify is live again — clear any backlogged cases and follow TNC timelines per USCIS rules.

3. Real-World Effects

  • Applicants: Processing continues but slower due to interagency delays.
  • Employers: May file E-Verify again but still cannot submit PERMs or LCAs.
  • Families: Visa interviews abroad subject to local availability.
  • Students: SEVIS updates and DS-2019 issuances continue with minor delays.
  • Courts: Backlogs are growing but hearings are now in session.

4. What to Do Now

For Immigrants and Applicants

  • Check cases frequently via myUSCIS.
  • Bring printed copies of receipts and interview notices.
  • Track EOIR court updates.
  • Save copies of every notice or communication for future motions.

For Employers

For Attorneys and Advocates

  • Resume attending non-detained hearings.
  • Prepare for continued staff shortages and scheduling issues.
  • Collect evidence of shutdown impacts for motions to reopen or extend.

5. Key Takeaways (October 15, 2025)

  • Shutdown ongoing; partial operations nationwide.
  • USCIS: Open and fee-funded.
  • DOL: PERM/LCA/PWD systems still offline.
  • DOS: Limited visa operations on reserves.
  • CBP & ICE: Enforcement ongoing but slowed.
  • EOIR: Both detained and non-detained cases proceeding.
  • E-Verify: Back online; backlog cleared by October 14.
  • Expect multi-month backlogs even after full funding returns.

6. Resources

Government & Policy

Agency Status

Employer Guidance

Herman Legal Group Resources

About the Author

Expert on Immigration Law, Attorney Richard Herman
Immigration Attorney Richard Herman

 

Richard T. Herman, Esq. is a nationally recognized immigration lawyer and founder of the Herman Legal Group. He has over 30 years of experience guiding immigrants, families, and employers through complex immigration law and policy changes. He is co-author of Immigrant, Inc. and a leading advocate for inclusive immigration reform.

📞 Call 1-216-696-6170 or visit Book a Consultation to connect with Richard or his team.

 

Top Questions Trump $100,000 H1B Fee: 10 Answers (and Unanswered)

On September 19, 2025, President Trump issued a Proclamation restricting entry of H-1B nonimmigrant workers and imposing a $100,000 filing fee on new petitions filed after 12:01 a.m. EDT, September 21, 2025 (eastern daylight time). According to the White House proclamation and USCIS FAQs, the fee is one-time, not annual—it is a one time fee as described in the official guidance—and does not apply to petitions filed before the effective date or to valid existing H-1B visa holders.

The technology industry and tech industry are among the most affected by the new fee. A White House official confirmed key details about the policy. But many details remain unclear, including whether transfers, cap-exempt employers, and change-of-status filings are covered.

The Trump administration’s stated goal is to protect American wages and prioritize the interests of the American worker.  This sweeping change has sent shockwaves through employers, foreign workers, and entire industries. Many employers and business leaders are concerned about the impact of the fee.

The fee particularly affects skilled foreign workers and highly skilled workers in specialized fields. The new fee may make it harder for companies to attract the best temporary foreign workers and foreign talent. The H-1B program was originally designed to address labor shortages in specialty fields, but critics argue it has sometimes led to the replacement of domestic employees with lower paid foreign labor.

 

Why This Matters

This change is the largest single fee hike in U.S. immigration history, representing a significant increase in visa fees and imposing new visa fees under the proclamation. It directly impacts employers, foreign workers, and entire industries dependent on H-1B talent. The new fee requirement is in addition to existing fees, creating a substantial financial burden for current applicants, new applications, and renewal extensions.

The proclamation is written broadly, but agency implementation guidance is narrower, leaving employers in a legal gray zone. Lawsuits are expected, but businesses and workers must act now under current rules. Many stakeholders are awaiting more guidance from USCIS and the White House on the implementation of the new fee.

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The Top 10 Questions About the H-1B $100,000 Fee for Foreign Workers

 

1. Who has to pay the $100,000 H-1B fee?

Official Answer:

  • The White House proclamation states that all new H-1B petitions filed after Sept. 21, 2025 must include the $100,000 fee.
  • The USCIS FAQ confirms it does not apply to petitions filed before the deadline.
  • Existing H-1B visa holders are exempt for reentry and travel.

Unanswered:

  • Are change-of-employer petitions (H-1B portability) subject to the fee?
  • Are amendments that involve a material change in job location or role considered “new” and thus covered?
  • Will subsequent fees be required for multiple filings or amendments, and could these additional costs accumulate for employers, especially impacting small businesses?
  • Will cap-exempt employers (universities, nonprofits, research institutions) be exempted by DHS discretion?

Key Resource:USCIS H-1B FAQ

 

 

2. Is the $100,000 fee a one-time payment or annual?

Official Answer:

  • Both the White House fact sheet and USCIS FAQ confirm: the fee is a one-time payment per new petition, not annual.

Unanswered:

  • If a worker changes employers multiple times, must each new petition carry the $100,000?
  • What about cap-subject re-filings after a denial—do those count as new? Will existing fees paid for the original filing be credited toward the new filing, or will applicants need to pay the full amount again?

 

 

3. When does the rule take effect?

Official Answer:

  • Effective 12:01 a.m. EDT, September 21, 2025.
  • Petitions filed and accepted by USCIS before that date are exempt.

Unanswered:

  • Does the timestamp apply to receipt notice issuance or delivery to USCIS lockbox?
  • How will USCIS handle filings that arrive on Sept. 20 but are receipted Sept. 22?

Key Resource: White House Proclamation

 

4. Are H-1B extensions or renewals subject to the fee?

Official Answer:

  • USCIS states that extensions and renewals with the same employer and role are not subject to the $100,000 fee.

Unanswered:

  • What if there is a promotion or job role change—is that considered an amendment (new petition) or extension?
  • Will extensions filed late or after a lapse be treated as new filings?

In both cases, more guidance from USCIS is needed to clarify how these scenarios will be handled.

 

 

5. What about H-1B transfers (change of employer)?

Official Answer:

  • The proclamation doesn’t mention transfers explicitly.
  • USCIS FAQ avoids the issue.

Unanswered:

  • Are portability petitions treated as “new” (and thus subject)?
  • Or are they protected since the worker already held H-1B status?
  • Employers and attorneys disagree until USCIS issues a procedural memo.

Key Resource: USCIS Policy Memo on H-1B Processing

 

 

6. Does the fee apply to H-1B filings inside the U.S., or only to consular cases?

Official Answer:

  • Proclamation language is entry-focused (affecting nonimmigrants entering the U.S.).
  • USCIS FAQ frames it more broadly: “any new petition” filed after Sept. 21.

Unanswered:

  • Will USCIS actually enforce the fee on domestic change-of-status cases?
  • Or is the intention mainly to deter new entries from abroad?

 

 

7. Are dependents (H-4 spouses and children) affected?

Official Answer:

  • The $100,000 fee is tied to H-1B principal petitions, not H-4 filings.
  • H-4 dependents remain eligible for visas and work authorization (H-4 EAD), subject to current rules.

Unanswered:

  • If the H-1B principal is blocked due to nonpayment, what happens to dependent travel or status renewals?

 

 

8. How is the $100,000 fee paid, and is it refundable?

Official Answer:

  • DHS has announced that employers must pay via a designated payment portal (to be linked by USCIS).
  • Employers must retain proof of payment for compliance and audits.

Unanswered:

  • If the petition is denied, will the $100,000 be refunded? (No guidance yet.)
  • Can employers apply the fee to a resubmitted petition if the first was rejected?

 

 

9. Can employers shift the $100,000 cost to employees?

Official Answer:

  • Current DOL and USCIS rules prohibit passing most H-1B costs to employees if doing so reduces wages below the required level.
  • The $100,000 fee appears to be an employer obligation.

Unanswered:

  • Could USCIS carve out exceptions?
  • How will enforcement handle cases where employees indirectly reimburse employers (via salary deductions, repayment agreements, etc.)?

 

 

10. Will the rule face legal challenges or be overturned?

Official Answer:

  • Multiple law firms and advocacy groups are preparing to challenge the fee in federal court.
  • Legal arguments include:
    • The President exceeded statutory authority under the INA.
    • Improper taxation without Congress.
    • Violation of APA (Administrative Procedure Act).

Unanswered:

  • Will courts issue a temporary injunction halting the rule?
  • Could the fee be partially struck down (e.g. limited to consular cases)?
  • How quickly will litigation move—before the FY2027 cap season?

 

H1B Data

  1. Line Graph: H-1B Filings (2018–2026) vs. New $100,000 Fee (2025)– Showing expected drop-off in filings post-fee.

The line graph illustrates the trend in H-1B filings from 2018 to 2026, with a projected decline after the introduction of the new $100,000 fee in 2025. Notably, Amazon and its cloud computing unit, AWS, have been the largest beneficiary of H-1B approvals in recent years, underscoring their prominence in the technology and cloud services industry.

As the U.S. increases fees and restrictions, some skilled workers may choose to move to other countries with more favorable immigration policies.

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  1. Bar Chart: Employer Cost Breakdown
  • Prevailing wage, attorney fees, existing USCIS fees, + new $100,000 surcharge.

The bar chart breaks down the total costs employers face when sponsoring H-1B visas, including prevailing wage, attorney fees, existing USCIS fees, and the new $100,000 surcharge. Major tech companies, such as Cognizant Technology Solutions, rely heavily on H-1B visas to hire technology workers and foreign national talent. Start ups may be disproportionately affected by the new fee, as increased costs could create significant barriers for early-stage companies seeking to hire international skilled professionals. H-1B eligibility is limited to specialty occupations that typically require at least a bachelor’s degree. The H-1B program was designed to allow U.S. employers to hire temporary foreign workers in fields where there is a shortage of qualified domestic candidates.

After factoring in all costs, the current lottery system for H-1B visas may be impacted by the new fee, potentially reducing the number of applications. Proposed reforms could shift to a wage-based or weighted lottery system, which would favor higher-paying job offers and affect the chances for different applicants.

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Take the Uncertainty Out of the H-1B Proclamation — Get the Guidance You Deserve

The September 19, 2025 H-1B Proclamation and the unprecedented $100,000 filing fee have left both employers and employees anxious, confused, and uncertain about the future. You do not have to face these challenges alone.

For more than 30 years, Attorney Richard T. Herman has been a trusted advocate for immigrants, entrepreneurs, and businesses navigating the shifting tides of U.S. immigration law. As an experienced immigration attorney, Richard has worked closely with immigration lawyers nationwide to provide legal guidance on complex immigration matters. As the **co-author of Immigrant, Inc.—**a landmark book celebrating the power of immigrant innovation—Richard has dedicated his career to championing global talent and helping employers harness the skills that drive America’s growth. He also advises clients on pathways to permanent residency as an alternative to the H-1B visa.

Richard understands not only the complex legal rules, but also the human stress, fear, and disruption that sudden immigration changes create for families, workers, and companies. Whether you are an employer trying to protect your workforce, or an employee worried about your future in the U.S., you deserve an advocate who combines legal skill, business insight, and deep empathy for the immigrant experience.

Now more than ever, the stakes are too high to take chances. Get the clarity, confidence, and strategic planning you need to protect your future.

👉 Schedule Your Confidential Consultation with Richard Herman Today** or call 216-696-6170.**

 

 

Comprehensive Resource List: H-1B Proclamation (9/19/2025) + USCIS FAQs & Memo

 

1) White House / Presidential Materials

  • Presidential Proclamation (Full Text)Restriction on Entry of Certain Nonimmigrant Workers (effective 12:01 a.m. EDT, Sept. 21, 2025; 12-month duration unless extended). Issued by President Donald Trump as part of the Trump administration’s immigration reforms. whitehouse.gov – Proclamation (The White House)
  • White House Fact Sheet – Plain-English summary of the policy intent and implementation direction. whitehouse.gov – Fact Sheet (The White House)
  • White House FAQ (Media/Briefing page) – Quick answers aligned with the proclamation language. The White House sought to clarify the scope of the new fee, emphasizing that it does not apply to current visa holders. whitehouse.gov – H-1B FAQ (The White House)

2) USCIS (Primary Implementation Guidance)

USCIS is the primary agency responsible for immigration services in the United States, including the implementation and oversight of the H-1B visa program, which plays a significant role in U.S. immigration policy and the employment of highly skilled foreign workers. These resources are especially relevant for foreign nationals seeking H-1B status.

  • USCIS H-1B FAQ (Agency) – Core clarifications: one-time $100,000 payment for new H-1B petitions filed after Sept. 21, 2025; high-level implementation notes. uscis.gov – H-1B FAQ (USCIS)
  • USCIS H-1B Processing Memo (PDF) – Procedural/operational guidance for adjudicators; confirms prospective application and exemptions for petitions filed before the effective date and currently approved petitions/valid visas. uscis.gov – H1B_Proc_Memo_FINAL.pdf (USCIS)
  • USCIS Policy Memoranda Index – Landing hub for policy memos (helps track updates if USCIS releases further H-1B fee/portability clarifications). uscis.gov – Policy Memoranda (USCIS)
  • Background References Frequently Used in H-1B Analysis
  • Simeio Amended-Petition Guidance (moves requiring a new LCA may need a new petition) – helpful for “is an amendment a new filing?” questions. uscis.gov – 2015 Simeio Guidance (PDF) (USCIS)
  • AC21 & Portability (historic memo for context when evaluating transfers/“new” petitions). uscis.gov – AC21 Guidance (PDF) (USCIS)
  • USCIS Data (for context/visuals) – Annual H-1B characteristics and approvals by sector, wages, etc., useful for charts. uscis.gov – FY2024 H-1B Characteristics (PDF) (USCIS)

3) U.S. Department of State (DOS) / Consular Guidance

 

 

4) Department of Labor (DOL) – Wage/LCA Compliance (Who Pays What)

(These do not create or interpret the $100,000 fee, but they’re essential for employers evaluating what costs can/can’t be shifted to workers and how LCAs interplay with “new” vs. amended filings.)

  • H-1B Program Overview (WHD) – Employer wage attestations, prevailing wage, and core LCA obligations. Wage levels are set to protect American workers and ensure fair compensation for foreign employees. dol.gov – WHD H-1B Program (DOL)
  • FLAG Portal – LCA Program – Electronic LCA filing basics and program overview (H-1B, H-1B1, E-3). flag.dol.gov – LCA Program (Flag.dol.gov)
  • Fact Sheet #62M (Notice to U.S. Workers) – Required worksite notice timing and content. dol.gov – FS #62M (DOL)
  • Fact Sheet #62J (Place of Employment / Worksite) – When a new LCA is needed; ties into amendment vs. new petition analysis. dol.gov – FS #62J (DOL)
  • H-1B Advisor (Interactive) – WHD’s guided tool for employer/employee compliance questions. dol.gov – H-1B Advisor (DOL Web Apps)
  • ETA Foreign Labor – H-1B/H-1B1/E-3 Program Page – Additional procedural details from DOL’s OFLC. dol.gov – ETA H-1B/H-1B1/E-3 (DOL)

 

5) DHS / CBP (Ports of Entry)

This change is the largest single fee hike in U.S. immigration history, representing a significant increase in visa fees and imposing new visa fees under the proclamation. It directly impacts employers, foreign workers, and entire industries dependent on H-1B talent. The new fee requirement is in addition to existing fees, creating a substantial financial burden for current applicants, new applications, and renewal extensions. While it is a one time fee as described in the official guidance, it is not an annual fee, but a one-time charge. Additionally, the fee applies only to new applicants filing after the effective date.

The proclamation is written broadly, but agency implementation guidance is narrower, leaving employers in a legal gray zone. Lawsuits are expected, but businesses and workers must act now under current rules. Many stakeholders are awaiting more guidance from USCIS and the White House on the implementation of the new fee. There is still uncertainty about exactly which types of filings the fee applies to, such as extensions, amendments, transfers, or change-of-employer petitions.

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6) Professional Associations & Practitioner Hubs

(High-quality, continuously updated practice coverage; excellent for what’s changing now and litigation tracking.)

7) Credible News Backgrounders