The Temporary Protected Status (TPS) program which temporarily protects migrants from deportation to countries in crisis and provides work authorization has grown under the Biden, whom some refer to as the “TPS President.” TPS is one of the few executive tools to provide work authorization without Congressional approval.
TPS is back in the news.
Donald Trump will be sworn in as President on January 20, 2025. The incoming Trump administration has recently indicated uncertainty about whether it will cut or end the program in his second term.
During the first Trump administration the program was under attack like never before with terminations that put over 300,000 people at risk of deportation.
Past Legal Battles
Lawsuits in 2017 and 2018 blocked Trump’s initial attempts to terminate TPS for countries like Haiti and Sudan. Courts ruled that the terminations were discriminatory and lacked basis.
Uncertain Future
Legal challenges may delay or prevent terminations but they depend on what Trump does and the political climate. Even without premature terminations of existing TPS designations, Trump can simply not extend the existing country-specific designations, most of which will expire in 2025.
The future of TPS and the lives of over a million people are at stake. If Trump’s plan goes through this could mean the deportation of hundreds of thousands of people who have built lives in the US. Many TPS holders have been here for decades, contributing to the economy and community.
Over 2/3 of TPS holders have U.S. citizen children. Terminating TPS without alternatives would not only disrupt lives but also industries that rely on this workforce. This guide explains the key issues, the growth, what’s next and what TPS holders can do to protect themselves.
History:
Past Terminations:
TPS allows immigrants from designated countries (17) to live and work in the US temporarily without fear of deportation when conditions in their home countries are unsafe.
A country can be designated for TPS for the following reasons:
Important Notes:
Who Decides on TPS Designations?
The homeland security secretary has sole authority to designate, extend or terminate TPS for a country.
Decisions are made in consultation with agencies like the State Department and National Security Council.
Duration of TPS Designations:
Eligibility Requirements
To qualify for TPS you must:
Ineligibilities: You may not be eligible if:
Key Features:
Benefits of TPS
TPS offers several benefits to beneficiaries:
TPS holders are in all states but the largest populations are in:
Their large and longstanding number shows their integration in US communities.
Florida Will Be Hit the Hardest
As President-elect Donald Trump prepares to take office again his threats to end TPS have reignited fears especially in his home state of Florida, the state that will lose the most.
TPS is crucial for many living and working in the Sunshine State. Trump’s promise to terminate these protections will not only harm the individuals directly affected but also disrupt Florida’s communities and economy.
Step 1: Country Designation
The Secretary of Homeland Security determines which countries are eligible for TPS based on:
The decision to designate or redesignate a country is made in consultation with other agencies like the Department of State and National Security Council.
Step 2: Registration
Foreign nationals from designated countries must:
Step 3: Benefits
If approved TPS recipients are:
Expiration and Renewal of TPS
TPS designations are reviewed and extended based on country conditions:
Extensions only apply to individuals who already have TPS; new applicants need a redesignation
TPS offers benefits to give individuals a sense of security and opportunity while their countries are in dire conditions.
Core Benefits:
Perpetual Uncertainty
TPS does not offer a pathway to permanent residency or citizenship unless pursued through other legal means. Most are stuck in limbo.
Registration and Re-Registration Hurdles
TPS applicants must: Apply during limited registration periods. Pay significant fees for initial registration, work permits and re-registration. Reapply every time the designation is extended, even after 20+ years of residency.
Barriers to Family Reunification
Legislative Gridlock
Advocates urge for legislative solutions to provide long term stability for TPS holders. Congressional action is needed to create a direct path to green cards for TPS holders but progress has been slow.
Vulnerability to Policy Changes
TPS is at the mercy of the administration in power, making the status precarious.
“It’s Amnesty.”
“Migrants Exploit TPS.”
Extended Voluntary Departure (EVD)
Expired TPS Designations
Humanitarian Need
US Leadership in Crisis Response
Criticism and Advocacy
Critics of TPS:
Advocates for TPS Holders:
As of this writing, the following 17 countries are designated for TPS:
Recent Growth of TPS:
Haiti, Venezuela and El Salvador make up the majority of the TPS population and the most likely Trump targets.
Haitians (200,005 TPS holders):
Venezuelans (472,000 TPS holders)
Salvadorans (198,000 TPS holders):
Migrant Stories: Lives in Limbo
Hidalgo’s Journey:
Neary 1.6 million people in the US are eligible for TPS. Of this number, 860,000 have TPS, 486,000 are pending and 320,000 are eligible but not yet applied.
Deeply Rooted in the US: Many TPS holders have been in the US for decades, have raised families and contributed to their communities.
Below is the breakdown of those who have TPS, by country and TPS designation date.
| Country | TPS Designation Date | Estimated Beneficiaries |
| Afghanistan | 2022 | 76,000 |
| Cameroon | 2022 | 39,000 |
| El Salvador | 2001 | 198,000 |
| Ethiopia | 2022 | 31,000 |
| Haiti | 2010, 2021 | 200,000 |
| Honduras | 1999 | 60,000 |
| Lebanon 2024 Myanmar | 2021 | 1,600 |
| Nepal | 2015 | 14,500 |
| Nicaragua | 1999 | 4,500 |
| Somalia | 1991, 2023 | 430 |
| Sudan | 1997, 2022 | 3,700 |
| South Sudan | 2011, 2023 | 370 |
| Syria | 2012, 2023 | 7,500 |
| Ukraine | 2022 | 60,000 |
| Venezuela | 2021 | 472,000 |
| Yemen | 2015 | 1,600 |
TPS for 13 of these countries will expire in 2025, Haiti, Somalia and Yemen’s will expire in 2026 unless extended.
TPS is often compared to Deferred Enforced Departure (DED):
Like TPS, those temporarily protected from deportation and granted temporary work authorization under the Deferred Enforced Departure (DED) program are also at risk of being cut or eliminated by Trump.
Like TPS, DED offers temporary protection from removal for individuals who meet specific eligibility criteria established by presidential directives. It does not grant lawful immigration status:
Trump used DED to protect 145,000 Venezuelans for 18 months towards the end of his presidency
Each directive outlines the eligibility criteria which may include:
Exceptions
Individuals may be excluded from DED protections for:
The population of DED Holders is much smaller than that of TPS:
Palestine and Hong Kong will expire in 2025. Liberia and Lebanon will expire in 2026.
Summary of Current DED Coverage
| Country | Effective Date | DED Valid Through | EAD Extended Through |
| Lebanon | July 26, 2024 | January 25, 2026 | N/A |
| Liberia | October 1, 2007 | June 30, 2026 | June 30, 2026 |
| Hong Kong | August 5, 2021 | February 5, 2025 | February 5, 2025 |
| Palestine | February 14, 2024 | August 13, 2025 | August 13, 2025 |
Springfield Impact:
Unanswered Questions:
JD Vance Support:
Local and National Pushback:
During his first term, former President Donald Trump ended TPS for Haiti, El Salvador, Nicaragua, and Sudan, covering over 300,000 people, citing improved conditions in their home countries.
His administration said conditions in countries like Haiti had improved enough to end the designations—despite the crises.
Legal battles ensued and terminations were delayed. The Ninth Circuit upheld some rescissions and others were extended by the Biden administration.
The Heritage Foundation’s “Project 2025” which has ties to Trump team leaders outlines a plan to end TPS, calling it a program that encourages illegal immigration.
The plan calls for a big rollback of TPS designations. It wants Congress to repeal existing TPS designations so people from countries like Afghanistan, El Salvador, Haiti and Venezuela have to go home no matter what’s happening back home.
And Project 2025 also wants to limit the discretion of the Department of Homeland Security on programs like TPS to stick to statutory limits and reduce the availability of these humanitarian protections.
Broader Hardline Policies:
Ending TPS is part of a bigger immigration crackdown:
Key Appointments:
Targeting Non-Criminals:
TPS Is Targeted
The second Trump term will focus on terminating newer TPS designations and not renewing older ones that will expire in 2025.
Legal Pathways to TPS Termination:
1. Humanitarian Impact
2. Economic Consequences of TPS Cancellation:
Terminating TPS protections, revoking work permits and deporting millions of long term workers would devastate the U.S. economy as follows:
Labor Shortages
Essential Workforce:
Reduced Consumer Spending
Decline in GDP
Job Loss for Americans:
Decline in Social Security and Medicare
Additional Costs to Government
Growth of the Undocumented Population
Harming Community
Destabilizing Countries of Origin:
For Immigration Policy:
Elena’s Request:
Legal and Logistical Challenges
Can Trump End TPS?
Federal regulations allow TPS designations to expire or be renewed but revoking them before expiration is legally complicated and unprecedented.
Legal Hurdles:
Logistical Challenges:
Political Opposition:
Losing TPS status can be scary and confusing but there are options for those who want to stay in the U.S. legally. Here’s a step by step guide to help you understand your options
1. Keep or Use an Existing Legal Status
If you have another legal status besides TPS you can stay in the U.S. as long as that status is valid or case is pending. TPS does not cancel or replace any other legal status you may have.
Examples of Dual or Pending Status:
What to Do:
2. Apply for Asylum if You Fear Going Back to Your Country
Asylum is protection given to individuals who face persecution based on race, religion, nationality, political opinion or membership in a particular social group.
Asylum Key Points:
Important Notes:
How to Apply:
Green Card Through Asylum
Eligibility:
3. Change to a Nonimmigrant Visa
Many nonimmigrant visa categories are available for those who qualify, such as studying or working in the U.S.
Common Nonimmigrant Visas:
Challenges for TPS Holders:
Options if Ineligible for In-Country Change:
4. Permanent Residency (Green Card) Through Family
If you qualify you can apply for a green card through various ways including family sponsorship or employment.
Family-Based Sponsorship
If you have close family ties to a U.S. citizen or lawful permanent resident you may qualify for a green card through family-based immigration.
Marriage to a U.S. Citizen
Marriage to a U.S. citizen is one of the fastest ways to get a green card.
Key Points:
If Your Spouse Is a Green Card Holder
Supporting Documents for Marriage-Based Adjustment of Status
5. Permanent Residency (Green Card) Through Employment
Employers can sponsor TPS recipients for visas and green card if they qualify.
Eligibility
You must:
Key Steps
Supporting Documents
Challenges:
6. Special Victim-Based Visas
If you are a victim of certain crimes or trafficking you may be eligible for:
7. Defend in Immigration Court
If your TPS ends and you have no status the government may start deportation proceedings. In that case you can defend yourself in front of an immigration judge.
Common Defenses:
Risks:
8. Check for U.S. Citizenship or Eligibility for Naturalization
You might already be a U.S. citizen or have a path to citizenship and not even know it.
Check for Citizenship Through Family:
Military Service:
9. Plan for the Worst Case
If no other options are available you may also choose to leave the U.S. voluntarily. This is usually a last resort and should only be done with an experienced immigration attorney who can advise you if you may be able to file future immigration applications to seek re-entry.
Take Action Now
TPS expiration options are complicated and every case is different. Professional legal advice is key to understanding your options and avoiding mistakes.
If you have TPS, you should:
Immigration pathways can be tricky, especially for TPS recipients looking to move to lawful permanent resident (LPR) status. This guide breaks down the legal landscape, federal policies, court decisions and potential legislation affecting TPS holders.
Eligibility to Adjust Status from TPS to Green Card
You may qualify if:
Why Green Card?
Green card allows you to:
Why Adjustment of Status Is Better than Embassy/Consular Processing
Adjustment of status (AOS) allows TPS holders to apply for green cards from within the US, avoiding the risks of consular processing such as:
But you can’t adjust status if you were never lawfully admitted into the US at any point, including initial entry or most recent re-entry.
Consular Processing Challenges
If you have to leave the US for consular processing, you may face:
Adjustment of Status (AOS): How It Works
In discussing adjustment of status, it is first important to udnerstand what TPS provides and what it does not.
Rights of TPS Recipients
Adjustment of Status (AOS) allows individuals physically present in the US to get a green card without traveling abroad. Here’s how it works:
Eligibility Criteria for AOS
Restrictions Under INA § 245(c)
Supreme Court Ruling: Sanchez v. Mayorkas (2021)
The Supreme Court held:
Federal Policy Shifts: USCIS Guidance
In 2022 USCIS reversed its Matter of Z-R-Z-C- decision. Under the new guidance:
Impact of Policy Change
This policy opens up more opportunities for TPS holders to adjust status but they still must meet other statutory requirements, such as family or employment-based eligibility.
Advance Parole and Reentry
TPS holders can apply for advance parole to travel abroad and reenter. Upon reentry, they are considered “inspected and admitted” and meet the INA § 245(a) requirement for adjustment of status.
Risks: Traveling with advance parole should be planned carefully with legal advice to avoid issues upon reentry
Consular Processing Challenges
If not eligible for adjustment of status, you may need to leave the US for visa processing. But departure may trigger re-entry ban and complicates the process. Consult an immigration lawyer.
Special Considerations for TPS Holders
If You Entered Without Inspection (EWI)
Unlawful Presence Before TPS
Employment or Visa Violations
Can You Adjust Status if Your TPS Has Expired?
If your TPS has expired, consider:
What If TPS Adjustment of Status Won’t Work?
If you can’t adjust status through TPS, try:
Key Considerations
The TPS Travel Permit (Form I-512T) allows TPS holders to travel and reenter the US legally. As of July 1, 2022 USCIS updated the policy, TPS holders who reenter the US with this travel permit will now be considered “inspected and admitted”. This is huge because now TPS holders can apply for a green card if they have a qualifying family, marriage or employment-based petition.
Who?
How TPS Holders Qualify for Residency
To apply for a green card, TPS holders need:
Steps for Family and Employment Sponsorship
Steps to Apply for Residency With TPS
1. File for a Travel Permit (Form I-512T)
2. File Green Card Petition
3. File Adjustment of Status (Form I-485)
4. Biometrics and Interview
Special Considerations for TPS Holders
Travel Risks With the TPS Permit
Prior Deportation or Removal Orders
USCIS released a memo on July 1, 2022 titled “Rescission of Matter of Z-R-Z-C as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries.” This memo is a big change, TPS holders can now adjust status to permanent residency (green card).
By interpreting authorized travel by TPS holders as “inspected and admitted” the memo provides a clearer path for TPS beneficiaries to get green cards. It also creates a new travel authorization process for TPS holders.
Traveling Under TPS
TPS holders can apply for travel authorization, previously advanced parole. This allows them to leave and reenter the US for various reasons such as family emergencies or work.
Impact on Adjustment of Status Eligibility
Before the July 1 memo the issue of whether TPS holders returning under advanced parole met the “inspected and admitted” requirement for green card eligibility was a big question.
March 2022 Duarte v. Mayorkas: The 5th Circuit ruled TPS holders should not use advanced parole for reentry but can travel.
The Role of Immigration Attorneys
Adjusting green card status as a TPS holder can be tricky especially if you have:
Immigration attorneys can help you:
Get Started
If you are a TPS holder and want to transition to permanent residency, do:
The TPS application process is complex and requires attention to detail. Here’s a breakdown:
Gather Documents
You will need to provide:
Submit Required Forms
Pay Fees
You must pay the fees or file Form I-912 Fee Waiver Request if you cannot afford them.
Application Costs and Fee Waivers
Fee Waivers
If you cannot afford the fees you can:
Respond to USCIS Notices:
Wait for Decision:
Re-register for TPS
Re-registration steps:
Consequences of Late Filing:
Current Countries for TPS
Challenges and Concerns
While TPS is a good program, it has its drawbacks and legal challenges:
Work Authorization:
Travel Authorization:
Late Filing for TPS
Late Re-registration:
Late Initial Filing:
Travel Requirements for TPS Holders
To travel outside the U.S. on TPS:
Common Mistakes to Watch Out For
How to Avoid Scams
TPS applicants should beware of unauthorized practitioners. For legal advice:
What to Do if Your TPS Application is Denied
If your TPS application is denied, you can:
Select the country link for additional specific country information.
More Information
Forms
Tools
Non-USCIS Links
Since January 2021, President Biden has expanded Temporary Protected Status (TPS) to give time limited legal status to immigrants from countries in crisis. This allows individuals to live, work and not be deported in the US.
He’s been called the “TPS President” for this, and has brought stability to hundreds of thousands of families and relief to employers.
Biden’s TPS Policy
Renewals
Long standing TPS for El Salvador, Honduras and Nicaragua—some dating back over 20 years—have been renewed so immigrants from these countries can stay protected.
Efforts to Create Permanent Pathways
On his first day in office, President Biden called for legislation to allow TPS holders to apply for green cards and U.S. citizenship, citing their contributions to society and their long time residence in the U.S.
New Designations or Extensions:
In June 2023 the Biden administration announced they would rescind the Trump administration’s termination of Temporary Protected Status (TPS) for over 300,000 individuals from El Salvador, Honduras, Nepal and Nicaragua. While this was a big win for TPS holders, it was not permanent and many are still in limbo. Here’s the breakdown of the announcement, what it means and the ongoing fight.
1. What Happened Under Trump?
Terminations of TPS:
Legal Challenges:
2. The Biden Administration’s Actions
Reversing Trump’s Terminations:
What’s Missing:
3. TPS Holders
A History of Uncertainty:
Voices of TPS Holders:
4. Why This Fight Isn’t Over
Ongoing Advocacy:
On February 26, 2024, TPS holders and their U.S. citizen children won a 6 year long legal battle that protected over 400,000 people from losing humanitarian protections under the Trump administration. While the Ramos v. Mayorkas case was a big win TPS holders and advocates say the fight for permanent residency and broader immigration justice is far from over.
1. Trump’s TPS Termination
Background:
Ramos et al v. Mayorkas
2. TPS Holders and Their Families
Stories:
Immigration Justice
Beyond TPS:
Power of Collective Action:
Takeaways:
3. Advocacy and Legal Action
Advocates’ Work:
Legal and Community Action:
In addition to Ramos, the U.S. Department of Homeland Security (DHS) has faced multiple legal challenges after terminating Temporary Protected Status (TPS) for several countries and Deferred Enforced Departure (DED) for Liberia.
These cases, brought by various organizations and individuals, argue the terminations are discriminatory, procedurally unfair or unconstitutional. This page summarizes the cases, the arguments and what it means for affected individuals.
Cases and Updates
Common Claims In Litigation
Equal Protection Violations:
APA Violations:
Due Process Violations:
Procedural Failures:
Affected Individuals
Litigation Implications
Immediate Impact on TPS Recipients
Outcomes
How TPS Holders Qualify for Residency
Now that Trump has promised to end TPS for Haitians, it’s worth looking at the history of this program for Haitians and the country’s current situation.
How Haitians Got TPS:
Misinformation and Fallout:
Local Leaders Speak Out:
Local Leaders Speak Out:
Community:
Ending TPS:
Ending Humanitarian Parole:
Limiting Future Designations:
Mass Deportations:
Legal Battles:
Advocacy and Resistance:
What Biden Can Do Before He Leaves:
Biden Administration’s Last Moves: Request New Designations
Advocacy:
Groups like National TPS Alliance and CASA are pushing for continued protections and for Congress to pass legislation.
Advocacy has blocked previous attempts to end TPS and can help defend the program under a new Trump administration
Congressional Action:
Why Now
Temporary Protected Status (TPS) allows individuals from designated countries to live and work in the United States when their home country is going through extreme conditions. While TPS protects recipients from deportation it does not inherently provide a path to lawful permanent resident (LPR) status (green card). This detailed explanation explains the current legal framework, past legislation and current proposals to address this gap.
No Automatic Path to LPR Status:
Eligibility for Adjustment of Status:
For many TPS holders especially those who entered the U.S. illegally this requirement is a major hurdle.
Supreme Court Ruling:
Senate Supermajority Requirement:
In the past Congress has passed laws allowing certain TPS or Deferred Enforced Departure (DED) recipients to adjust to LPR status. Here are a few examples:
1. Chinese Nationals Post-Tiananmen Square (1992):
2. Nicaraguan Adjustment and Central American Relief Act (NACARA) (1997):
3. Liberian Refugee Immigration Fairness (LRIF) (2019):
The American Dream and Promise Act
In the 118th Congress many bills were introduced on TPS and DED covering a range of proposals. Some aim to expand benefits for TPS and DED recipients and others to limit eligibility and use. Below is a list of these bills, including new designations, increased access to federal benefits and LPR status.
Here are a few recent ones:
1. TPS Designations
Several bills would extend TPS eligibility to nationals of countries in crisis. These bills would prevent deportation and allow individuals to live and work in the U.S. temporarily. Examples:
2. Education for TPS and DED Beneficiaries
Some bills would provide federal financial aid for higher education to TPS and DED recipients recognizing education is key to economic contributions and social integration.
3. Congressional Jobs
A few bills would open up federal congressional jobs to TPS and DED recipients to address the limitations on their participation in certain government positions.
4. TPS Beneficiaries and Military Service
Bills have been introduced to allow TPS holders to enlist in the U.S. military, recognizing their contributions to national security.
5. Farm Workforce Modernization Act
Pathways to Lawful Permanent Residency (LPR)
Several bills would give TPS and DED recipients a clear path to permanent residency.
Restrictive Bills Targeting TPS Eligibility
While some bills expand benefits, others shrink TPS eligibility or add new restrictions.
1. Limiting Eligibility
Some bills would disqualify individuals based on criminal or political affiliations:
2. Congressional Oversight
One bill would introduce broad measures to limit and regulate TPS:
Broader Legislative Trends
More Rights
More Oversight and Restrictions
Challenges and Next Steps
Political Obstacles
Senate Supermajority Requirement:
Niche Legislation:
Judicial Decisions:
Complex Legislative Process
Advocacy and Public Awareness
No Adjustment Pathway Consequences
TPS recipients, individuals allowed to stay in the U.S. due to unsafe conditions in their home countries, are in all 50 states, D.C. and U.S. territories. As of March 2024 there are 863,880 TPS recipients. This article will look at the distribution of TPS recipients, key states, regional demographics and overall implications.
Florida: TPS Central
Texas
New York: Diverse TPS Population
California: Migrant Magnet
Besides the top 4 states, 12 others have over 10,000 TPS recipients:
While smaller in numbers, some states are seeing TPS growth due to local job markets and affordability:
While fewer TPS recipients live in these areas, they are still important pockets of diversity:
TPS holders are crucial to the U.S. economy in:
TPS holders have high labor force participation and many achieve financial stability and career advancement over decades in the U.S.
Key Facts (2021 data)
State Examples
TPS holders are good taxpayers, paying into public programs but not eligible for most federal benefits.
Federal Contributions
State and Local Contributions
Underutilization of Public Benefits
They pay more in taxes than they can access in benefits.
TPS holders are key consumers in the U.S. economy. Their spending supports small businesses, local economies and the service sector.
Key Facts (2021 data)
State Examples
TPS holders are high entrepreneurs, creating jobs and reviving local communities.
TPS holders buy homes and pay property taxes, strengthening housing markets.
Key Facts
State-Level Impact
Top States (2021 data)
Terminating TPS designations would have huge economic consequences:
Higher Prices
Based on 2017 survey:
General Information on TPS
2025 Policy Changes
What TPS Holders Can Do
Possible Scenarios
Other Questions and Scenarios
General TPS Information
Under a Trump Administration
What TPS Holders Should Do Now
Termination Scenarios
Misc
Long Term
As TPS uncertainty looms with a Trump administration in 2025, TPS holders are right to be fearful and anxious about their future. The road ahead requires proactive steps, planning and knowledge of legal rights and options.
At Herman Legal Group we know the weight of this moment for TPS holders and their families. With decades of experience, deep legal knowledge and a human touch we are here to provide clear guidance and customized solutions to protect your status and your future.
Navigating immigration law requires expertise but also empathy for the human being behind each case. We are here to be with you and fight for your rights. Don’t go through this alone—contact Herman Legal Group today to schedule a consultation and start feeling better.
MORE TPS RESOURCES
24/7 Support, Just A Call Away!
Updated November 17, 2025 by Richard T. Herman, Immigration Attorney (30 + years experience), Co-Author of Immigrant, Inc.
The Trump-Vance administration has launched the most sweeping overhaul of skilled immigration in modern U.S. history. H-1B workers, H-4 spouses, F-1 STEM OPT students, and U.S. employers face rising scrutiny, massive new fees (including a proposed $100,000 H-1B filing fee), stricter wage and degree rules, increased FDNS site visits, heightened social media screening, and new restrictions on remote work and third-party placement.
Ohio—home to Intel’s semiconductor mega-project, Cleveland Clinic’s medical research infrastructure, GE Aerospace, OSU, Case Western, Nationwide, and major manufacturing hubs—is among the states most affected.
If your family or business depends on H-1B, you must act now.
Schedule a confidential consultation with Richard T. Herman:
https://www.lawfirm4immigrants.com/book-consultation/
When this article was originally published, it became one of the most widely read H-1B crisis guides in the country, reaching more than 40,000 readers. But in 2026, the situation has escalated dramatically.
The Trump-Vance administration is aggressively rewriting the rules for:
This guide integrates:
This is the new authoritative H-1B article for 2026.
The administration has floated a $100,000 mandatory filing fee for each H-1B petition type—new, transfer, amendment, extension. This is the most radical fee proposal in U.S. immigration history.
HLG Analysis:
https://www.lawfirm4immigrants.com/h1b-100000-fee-november-2025-project-2025-war-on-h1b/
Early drafts in Federal Register indicate potential pivot to:
HLG Overview:
https://www.lawfirm4immigrants.com/h1b-visa-requirements/
Since late 2025, FDNS has escalated:
DOL H-1B Program Overview:
https://www.dol.gov/agencies/whd/immigration/h1b
USCIS and DOS now routinely analyze:
Project 2025 outlines:
Reference (general):
https://www.nafsa.org
Reuters, Bloomberg, and Forbes all report that Vice President JD Vance supports:
Example link (Reuters immigration):
https://www.reuters.com
USCIS adjudication standards have tightened dramatically.
Common RFE triggers:
HLG RFE Guide:
https://www.lawfirm4immigrants.com/request-for-evidence-h1b/
Changing employers is now high-risk because:
Expect scrutiny of:
F-1 STEM OPT workers face:
HLG F-1 Guide:
https://www.lawfirm4immigrants.com/f1-visa-denial/
H-4 EAD may face:
If the principal H-1B loses:
H-4 status and EAD collapse immediately.
Employers face:
HLG Employer Compliance Guide:
https://www.lawfirm4immigrants.com/h-1b-visa-guide-for-employers/
H-1B stress develops in four slow-burning psychological stages:
A constant hum of anxiety.
Checking immigration news before bed.
Wondering if a small policy update will uproot your life.
Years of waiting:
For PERM.
For I-140.
For priority dates.
For H-1B lottery results.
For extensions.
It drains people.
“Do we belong here?”
“Are we safe?”
“Is America still our home?”
Richard T. Herman Quote
“I’ve spent 30 years watching brilliant immigrants slowly break under the weight of uncertainty. Policy debates miss the human cost — fear becomes the background noise of their lives.”
Ohio faces a unique threat:
Unlike coastal tech hubs, Ohio lacks an oversupply of STEM workers.
Universities lose researchers.
Hospitals lose specialists.
Startups lose engineers.
Manufacturers lose designers.
Richard T. Herman Quote
“If the administration shrinks H-1Bs, Ohio loses twice — we lose the talent, and we lose the innovation that talent creates.”
Many employers aren’t anti-immigrant.
They’re afraid of compliance.
Richard T. Herman Quote
“When companies stop sponsoring, it’s rarely because they don’t value their global talent. It’s because they’re terrified of punishment for unintentional mistakes.”
Ohio families quietly prepare for the worst:
Richard T. Herman Quote
“When families tell me they sleep with their documents next to the bed, that’s not immigration policy — that’s trauma.”
MIT/Harvard research confirms immigrant inventors play an outsize role in medical, AI, and engineering breakthroughs.
National Foundation for American Policy (NFAP) study:
https://nfap.com/research/new-nfap-policy-brief-immigrant-entrepreneurs-and-u-s-billion-dollar-companies/
These include:
Google, Tesla, Nvidia, Uber, Zoom, Instacart, SpaceX (major immigrant workforce).
ITIF report confirms fewer H-1Bs → fewer patents.
https://itif.org/publications/2025/01/13/h1b-visa-workers-contribute-number-issued-patents-united-states/
According to the National Bureau of Economic Research (NBER):
https://www.nber.org/be/20242/immigrant-entrepreneurship-us
Immigrant entrepreneurs start:
Richard T. Herman Quote
“A country that shuts out talent shuts down its own future. You don’t feel the loss right away — you feel it when the innovations never come.”
ITIF research confirms high-skill jobs create 4.3 supporting local jobs:
https://www.itic.org/news-events/techwonk-blog/new-study-reaffirms-the-job-creating-potential-of-h1b-expansion
Examples:
Restricting H-1Bs shrinks whole ecosystems, not just single roles.
Ohio’s STEM, medical, and manufacturing economy depends more on H-1B talent than almost any other Midwestern state. This section is optimized for Columbus, Cleveland, Cincinnati, Dayton, Toledo, Akron, and Youngstown search traffic.
Cleveland’s world-class institutions rely heavily on H-1B workers:
Local Page:
https://www.lawfirm4immigrants.com/immigration-lawyer-cleveland-ohio/
A reduction in H-1Bs would immediately destabilize Cleveland’s:
Columbus is now one of America’s fastest-growing tech hubs because of:
Local Page:
https://www.lawfirm4immigrants.com/immigration-lawyer-columbus-ohio/
H-1Bs are central to:
If H-1Bs dry up, Intel and OSU’s workforce pipelines collapse.
Cincinnati depends heavily on:
Local Page:
https://www.lawfirm4immigrants.com/immigration-lawyer-cincinnati-ohio/
H-1Bs keep Cincinnati globally competitive in:
Dayton houses:
Local Page:
https://www.lawfirm4immigrants.com/immigration-lawyer-dayton-ohio/
H-1Bs contribute to:
These cities rely on:
Local Pages:
Akron — https://www.lawfirm4immigrants.com/#
Toledo — https://www.lawfirm4immigrants.com/immigration-lawyer-toledo-ohio/
Youngstown — https://www.lawfirm4immigrants.com/immigration-lawyer-youngstown-ohio/
A reduction in H-1Bs here means:
These firms are well-known, high-volume, corporate immigration leaders:
Website: https://www.fragomen.com
Headquarters: New York, with global offices
Strengths: Corporate H-1B volume, multinational employers, compliance systems.
Limitations: Less personalized service; very high volume.
Website: https://www.bal.com
Headquarters: Texas
Strengths: Fortune 500 immigration vendor; strong tech-sector focus.
Limitations: Limited individualized case strategy.
Website: https://www.seyfarth.com
Headquarters: Chicago
Strengths: Big corporate compliance and employment-law experience.
Limitations: May not prioritize individual H-1B families.
Website: https://www.murthy.com
Headquarters: Baltimore
Strengths: Trusted national brand; strong H-1B and green card practice.
Limitations: Large volume; less Ohio-specific insight.
Website: https://cyrusmehta.com/
Strengths: Prestigious academic and legal thought leadership.
Limitations: More litigation/appeals focused; not Ohio-specific.
These firms have deep knowledge of Ohio’s USCIS patterns, local employers, and state-specific economic needs.
Website: https://www.lawfirm4immigrants.com
Headquarters: Cleveland; serving all of Ohio
Strengths:
Website: https://www.chandralaw.com
Strengths: Civil rights + federal litigation with some immigration cross-work.
Limitations: Not a full-spectrum immigration practice.
Website: https://www.immlaw.com
Strengths: Ohio-based immigration focus.
Limitations: Smaller research/writing capacity for large-scale H-1B analysis.
Website: https://www.brown-immigration.com
Strengths: Removal defense + family immigration.
Limitations: Less corporate H-1B specialization.
A combination of fee increases, stricter rules, more denials, and new compliance requirements affecting H-1B workers, H-4 spouses, and employers.
It is under active policy review. Multiple drafts indicate serious movement.
STEM OPT students, Level 1/Level 2 wage workers, employers who cannot afford the new fees.
Yes. Restrictions or elimination attempts are likely.
Semiconductors, healthcare, research, defense, aerospace, manufacturing, fintech.
Yes, but the lottery will become more selective and employer sponsorship may drop.
High risk. Travel may cancel pending applications and trigger re-interviews.
USCIS may interview staff, inspect workplaces, and verify job duties.
Possible, but risky—USCIS is reviewing “bridge filings” more aggressively.
Yes. Third-party placement companies face the highest denial rates.
Yes, but requires precise LCA postings and documentation.
Absolutely. Level 1 RFEs and denials are skyrocketing.
Yes. Inconsistencies, political posts, or job-title differences may cause issues.
He strongly supports reducing skilled immigration and H-1B usage.
It calls for restricting H-1B numbers and raising wage requirements.
Studies show each H-1B generates 2–5 additional American jobs.
Increase. High-skill immigration boosts productivity, which raises wages.
Yes—over 25%.
Yes—twice the rate of U.S.-born founders.
AI, semiconductors, biotech, aerospace, cybersecurity, medical research.
Yes. Employers face fewer incentives to retain them.
60 days, but this may shrink under new rules.
Yes. Many now maintain documents, savings, and contingency travel plans.
Likely, due to reduced processing and higher scrutiny.
Yes—especially for remote/hybrid positions.
Yes, but only under qualifying fear-of-persecution grounds.
Yes—especially if transitioning from OPT to H-1B.
Highly recommended. Errors carry high liability.
Yes—extensive experience with specialty occupation, wage level, and employer-employee issues.
Not directly, but related enforcement overlaps may apply.
Yes—higher audits, more scrutiny of business necessity.
Severely—J-1 waivers, H-1Bs, and residency positions are under increased pressure.
Yes—job mobility is most stable after I-140 approval.
Only in cases involving fraud, criminal issues, or removal orders.
Likely 3–4 years unless reversed by court or new administration.
Fraud Detection and National Security—now much more aggressive.
Processing delays, RFEs, and interviews may increase.
Only if they have a valid EAD.
Yes—Cleveland and Columbus are seeing extended processing times.
Accidental noncompliance → fines, investigations, or liability.
Yes—but with professional legal guidance.
Absolutely—2026 is a high-risk adjudication environment.
Yes—HLG has successfully reversed many denials.
Yes—status loss can trigger removal proceedings.
Prepare documentation, maintain savings, get legal review, and consider backup plans.
H-1B & Employment-Based Immigration
F-1 / OPT / STEM OPT
Schedule a Consultation
Ohio Local Pages (GEO-Optimized)
Innovation, Patents & Entrepreneurship
Job Multiplier Effect & H-1B Impact
Policy Analysis
Your immigration status, your family’s stability, your career, and your future in the United States deserve protection—especially in a year of the most dramatic changes to skilled immigration in decades.
For 30+ years, Richard T. Herman and the Herman Legal Group have helped tens of thousands of immigrants navigate:
Book a confidential consultation today:
https://www.lawfirm4immigrants.com/book-consultation/
You are not alone.
Strong guidance now can protect everything you’ve built.
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1. Core Agencies and Policy Hubs
U.S. Citizenship and Immigration Services (USCIS) — Central authority for H-1B petitions, policy updates, and case-status tools.
Department of Homeland Security (DHS) — Oversees immigration enforcement and national policy frameworks under which USCIS operates.
Department of Labor (DOL) — Manages Labor Condition Applications (LCAs) and prevailing-wage determinations.
U.S. Department of State (DOS) — Handles H-1B visa issuance at U.S. embassies and consulates.
Office of Information and Regulatory Affairs (OIRA) — Tracks regulatory agendas and pending immigration rulemakings.
White House – Presidential Actions — Official source for proclamations, including the September 2025 H-1B fee order.
Federal Register — Daily record of proposed and final rules affecting visa policy.
2. Key USCIS Pages for H-1B Practitioners
H-1B Specialty Occupations Overview
FY 2026 H-1B Cap Season Updates
H-1B Electronic Registration System
Forms I-129, I-539, I-765, and I-907 — Primary H-1B, H-4, EAD, and premium-processing forms.
USCIS Newsroom – Alerts & Updates — Press releases and emergency fee notices.
3. Department of Labor (DOL) Resources
Foreign Labor Application Gateway (FLAG) — Portal for filing LCAs and PERM applications.
Foreign Labor Certification Data Center — Source for prevailing-wage data and LCA statistics.
H-1B Program Compliance — Wage obligations, penalties, and public-access-file guidance.
Office of Foreign Labor Certification (OFLC) — Program policy, forms, and audit processes.
Wage and Hour Division (WHD) Enforcement Data — Audits and violations affecting H-1B employers.
4. Department of State (DOS) & Consular Affairs
Consular H-1B Visa Application Guidance
Visa Bulletin — Employment-based priority-date movement and backlog data.
Reciprocity and Fee Tables — Country-specific fee information.
5. Federal Data, Oversight, and Analysis Sources
U.S. Government Accountability Office (GAO) – Immigration Reports
Office of Inspector General (OIG) – DHS Audits — Oversight of USCIS adjudications and fraud prevention.
Office of Management and Budget (OMB) – Cost Analyses — Fee-rule cost-benefit analyses.
Professional Associations and Advocacy Groups
1. Legal and Practitioner Organizations
American Immigration Lawyers Association (AILA) — National professional body providing practice updates, litigation alerts, and advocacy.
Federal Bar Association Immigration Law Section — Continuing-education and legislative tracking.
American Bar Association – Immigration Commission — Policy and ethics resources.
2. Employer, Industry, and Tech Coalitions
ITServe Alliance — Represents IT staffing and consulting firms; active in litigation over third-party placement rules.
Compete America — Coalition advocating for high-skilled immigration reform.
TechNet — Policy network of technology executives monitoring H-1B and STEM-talent rules.
U.S. Chamber of Commerce – Global Migration Coalition — Engages in litigation and lobbying over visa restrictions.
National Foundation for American Policy (NFAP) — Research organization publishing data-driven H-1B policy analyses.
3. Higher Education & Research Associations
NAFSA: Association of International Educators — Advises schools and international students on F-1 to H-1B transitions.
Association of American Universities (AAU) — Research-university advocacy on immigration and STEM workforce issues.
Council of Graduate Schools (CGS) — Reports on international enrollment and post-study work pathways.
Educause — Guidance on compliance for university-affiliated tech professionals and researchers.
4. Policy Think Tanks & Research Institutes
Migration Policy Institute (MPI) — Independent analysis of employment-based immigration reforms.
Center for Strategic and International Studies (CSIS) – Workforce & Technology
Litigation, Transparency, and Compliance Tools
PACER (Public Access to Court Electronic Records) — Federal court filings for ongoing H-1B and APA litigation.
FOIA (Freedom of Information Act) Portal — File or track FOIA requests across USCIS, DOL, or DOS.
U.S. Courts Opinions Archive — Published immigration and employment-based visa decisions.
EEOC – National Origin Discrimination Guidance — Enforcement of anti-discrimination laws in recruitment of foreign workers.
Economic & Workforce Data Resources
Bureau of Labor Statistics (BLS) — Wage data used for H-1B prevailing-wage calculations.
U.S. Census Bureau – ACS Data — Demographic and occupational data on immigrant professionals.
National Science Foundation (NSF) – Science & Engineering Indicators — STEM workforce trends and visa dependency metrics.
SelectUSA – Workforce Reports — Investment-and-talent mobility data relevant to visa-based hiring.
Monitoring 2025–2026 Rulemaking and Policy Developments
Unified Agenda of Federal Regulatory and Deregulatory Actions — Track H-1B-related entries from DHS, DOL, and DOS.
Regulations.gov — Comment portal for proposed rules (e.g., H-1B wage-based selection or fee adjustments).
OIRA Regulatory Review Dashboard — Lists pending immigration rules under review.
Congress.gov – Immigration Bills Tracker — Legislative proposals related to H-1B and employment-based visas.
Federal Register – DHS/DOL Joint Notices — Proposed and final H-1B rules.
International and Comparative References
Government of Canada – Global Skills Strategy
Donald Trump is back in office January 20, 2025, and DACA is once again on everyone’s mind. Over 500,000 people currently have DACA protections and are wondering if they will lose those protections and possibly face being placed in removal proceedings?
3.6 million Dreamers in the U.S. but only a fraction have legal status.
530,000 are currently enrolled in DACA, down from 800,000. 1/3 of DACA holders live in California.
DACA doesn’t offer a path to citizenship but allows recipients to live, work and drive in the U.S.
As Trump takes office in January, the future of DACA is uncertain. With Trump’s deportation promises, advocates are calling for action now to protect current status and navigate the uncertain future.
Advocates are telling beneficiaries to renew now and prepare for policy changes.
DACA was established by executive order by President Barack Obama in 2012 and provides temporary protection from deportation and work permits to undocumented immigrants brought.
To qualify, you must:
There are currently 530,000 Dreamers. But the program is temporary and in legal limbo. Courts have ruled a president can end DACA if done properly so the program is precarious.
Key features:
There are about 530,000 Dreamers nationwide, but new applications have been blocked since 2017. 160,000 of those are in California.
Under Biden, advocates tried to defend DACA, including appealing the Texas district court’s ruling that the program is illegal. He also expanded medical insurance coverage for DACA holders. If Trump tells the Justice Department to drop those appeals, DACA will be terminated. The government could also use the information provided by DACA applicants to deport.
For many, the end of DACA is not just a policy change, it’s a life changing event. Here are a few profiles in courage:
Ramiro Luna: Advocating and Anxious
Karina Serrato Soto: Planning for the Worst
Jonathan Alvizo: Climbing Walls
For Jonathan Alvizo, 30, an art director and DACA recipient, the program is a blessing and a curse.
In the meantime, resilience is key in the immigrant community. Advocates and recipients will fight to keep their rights and stay here.
Trump’s first term was tough on undocumented immigrants:
Advocates worry those policies will return and create fear among DACA recipients and their families.
In 2017, during his first term, Trump tried to terminate DACA, citing its legality. The decision was met with immediate lawsuits. In 2019, the Supreme Court ruled against the administration, saying it didn’t provide a valid reason to end the program. Despite that, lawsuits against DACA have continued. In 2021, a federal judge declared the program unconstitutional, blocking new applicants.
The DACA lawsuits are far from over. Experts say the case will go to the Supreme Court again, possibly as late as summer 2026. In the meantime:
During the campaign, Trump talked tougher on immigration, so DACA is in danger again.
Trump’s second term is full of uncertainty. He hasn’t said what he’ll do to DACA, but his campaign focused on stricter immigration and mass deportations. Legal and political analysts say there are several possibilities:
Trump could try to end the program again, maybe this time with a more calculated approach to address past court criticisms. He might provide a detailed reason to meet legal standards, like broader immigration policy goals.
Trump may end DACA altogether, stop new applications and renewals. That would:
The administration could limit renewals or tighten eligibility requirements:
This would leave Dreamers in limbo and more vulnerable.
Work permits, the heart of DACA, could be changed. Possible changes:
This would impact Dreamers’ financial stability and career prospects.
Public sympathy for Dreamers, many of whom are students or essential workers, might keep Trump from acting immediately. Instead, he could focus on other immigration priorities like border security or visa restrictions.
Trump might push for comprehensive immigration reform. That could mean:
The uncertainty around DACA has big implications for recipients. Most are in their late 20s and have built their lives around the program. For many, DACA is not just a legal status but a lifeline to:
Without DACA, recipients will face big disruptions: job loss, deportation risk and reduced access to resources.
Current proposals would limit access to federal student loans and grants to institutions that offer in-state tuition to undocumented immigrants, including Dreamers. If that happens:
Experts advise eligible DACA recipients to renew as soon as possible. Renewals currently take 4 months and may take longer under Trump. Consider:
In case of changes, proactive steps can help Dreamers cope with this uncertainty:
1. Renew Early
2. Stay Informed
Follow reliable news and government sources for updates.
3. Get Legal Advice
4. Other Relief Options
May Include:
5. Financial and Career Resilience
6. Documentation:
Make sure personal and legal documents are up-to-date and accessible.
DACA is temporary so we need a permanent solution for Dreamers. As policies change, the push for stability and recognition of Dreamers’ contributions will continue. If you’re affected by these changes, get support and be proactive about your future.
Organizations like Sacramento State’s Dreamer Resource Center help undocumented students. These centers offer:
The Biden administration’s push to codify DACA faces legal obstacles:
The National Immigration Law Center (NILC) plays a pivotal role in the fight against anti-immigrant policies, emphasizing the urgency and determination to protect DACA recipients and advocate for the rights of all immigrants.
Advocacy in Action
United We Dream is mobilizing to defend DACA from a potential GOP-led White House and conservative Supreme Court:
Despite all this immigrant advocacy groups are preparing for the worst.
The Deferred Action for Childhood Arrivals (DACA) program, which gives deportation protection and work authorization to over 500,000 undocumented individuals brought to the U.S. as children, is under attack in the courts.
Despite changes in the policy and ongoing processing of renewal requests, initial DACA requests are currently prohibited as dictated by a federal district court of ruling.
On September 13, 2023 a federal judge ruled the revised DACA policy is unlawful, just like previous previous rulings.
This adds to the uncertainty around DACA’s future as the decision has been appealed to the U.S. Fifth Circuit Court of Appeals and that case is ongoing.
Without protections, DACA recipients are at risk. So we need legislation.
The Supreme Court could decide the program’s fate in the next two years.
An October 10, 2024 hearing in federal court may end up determining the fate of the Deferred Action for Childhood Arrivals (DACA) program. Here are the arguments, what’s at stake and what could happen.
Judicial Panel: The case is before a three-judge panel:
Appeal: If the decision is adverse to DACA the case will go to the Supreme Court which previously blocked the Trump administration’s attempt to end the program but has not yet ruled on the legality of DACA.
Timing: A decision from the Fifth Circuit could come in a few months. This will either affirm or block DACA and will likely be appealed to the Supreme Court for the final decision.
Opening Briefs:
Reply Briefs:
Next Steps
Vice President Kamala Harris: A long-time advocate for DACA, Harris said, “As Attorney General of California, as a U.S. Senator and now as Vice President I’ve fought to defend and protect DACA. We must get a path to citizenship for Dreamers.”
Tips for DACA Recipients
As they say, to know what the future holds, you have to know the history. It is important to know the history of DACA litigation, and the opposition that really gained momentum starting in 2017.
Early Challenges and Supreme Court Review in 2020
Judge Andrew Hanen’s Decisions
Why Congress Must Act
Recent Actions by the Biden Administration
Need for Legislation
On June 21, 2024, the Biden administration announced a new policy to simplify the work visa application process for foreign nationals educated in the U.S., including DACA recipients, also known as Dreamers.
This will help highly skilled individuals who graduated from U.S. colleges and universities to stay in the country and contribute to the economy.
Why This Matters for Dreamers
For Dreamers, this means a clearer pathway to long term stability in the U.S. Currently DACA only provides temporary work permits but H-1B visas provides a separate status and can lead to permanent residency.
Background and Issues
Streamlining the 212(d)(3) Waivers: For DACA Recipients, Dreamers and Others
The 212(d)(3) waiver, also known as the D-3 waiver, is a lifeline for DACA recipients and Dreamers applying for temporary work visas at U.S. Embassies. This waiver allows eligible individuals to get nonimmigrant visa status without facing years of exclusion from the U.S. By fixing this process, DACA recipients and others can get stable employment, pathway to permanent residency and potentially citizenship.
D-3 Waiver Updates
Overcoming Nonimmigrant Visa Barriers
Eligibility and Impact
Current D-3 Waiver Process and Issues
The current D-3 waiver process requires applicants to leave the U.S., apply for a visa at a U.S. consulate or embassy and wait for approval from the Department of State and DHS. This process is full of risks and uncertainties as applicants only find out the outcome after they leave the U.S. and can be away for a long time.
Key Issues
D-3 Waiver Process Improvements
The new Foreign Affairs Manual updates are a step in the right direction. It states that it is in the public interest to admit individuals who have U.S. degrees or skilled credentials and that these cases should be prioritized.
Additional Reforms Needed
To make it even better:
These wouldn’t create new visa categories, just streamline the waiver process for existing visa pathways so more eligible individuals can participate in the program.
Impact if Implemented
If done, this could benefit tens of thousands of DACA recipients, Dreamers and other qualified individuals:
The new Foreign Affairs Manual updates are a step in the right direction for a more streamlined D-3 waiver process but there’s more to be done. By having pre-departure waiver approvals, centralizing processing and standardizing across locations, DHS and DOS can make it easier for qualified individuals to get visas, return to the U.S. quickly and contribute to American society.
Deferred Action for Childhood Arrivals (DACA) grants work authorization and protection from deportation to eligible young immigrants who came to the U.S. as children. Despite ongoing legal challenges, courts are mandating the continuation of processing DACA renewal requests. With ongoing legal challenges and policy changes, it’s crucial to stay up to date. Here’s a comprehensive guide to DACA renewal eligibility, renewal application process, and how to navigate the process.
DACA Renewal Reminders
Recent Court Decisions on DACA
DACA Eligibility
Basic Eligibility for Initial Applicants
Though initial applications are not being processed, it’s good to know the eligibility requirements in case of future changes. Applicants must meet:
Individuals who obtained their initial DACA status prior to July 16, 2021, are still recognized in terms of their current grants and related employment documents.
Age Requirements
How to File for DACA Renewal
1. Collect Supporting Documents
To support your application for DACA renewal, gather documents that prove you meet each eligibility requirement.
Examples of Required Documents:
2. Fill Out the Required Forms
Applicants must fill out:
Note: Make sure to use the latest versions of these forms from the USCIS website, as older forms will be rejected.
3. Pay the Required Fee
DACA applications require a non-refundable filing fee of $85. There is no fee waiver for DACA but fee exemptions are available in limited cases for those who can’t afford the fee. I-765 filing fee if filing by paper is $520, and $470 if filing online.
Fee Exemptions: Limited Availability
USCIS offers fee exemptions for DACA applicants in extreme financial hardship. To be eligible, you must show one of:
Documentation for Fee Exemptions:
Using a USCIS Online Account for DACA Applications
USCIS has an online account system for applicants to manage their DACA cases.
Benefits of a USCIS Online Account:
For legal representatives, having a USCIS account allows you to manage multiple clients’ cases, making it easier to track DACA cases.
Travel for DACA Recipients
DACA recipients should be aware that some travel restrictions will impact their continuous residence.
Criminal Convictions that Affect DACA Eligibility
Some convictions will disqualify you from DACA. These include:
Protect yourself from Immigration Scams
USCIS warns applicants to beware of scams and get information only from official sources. Unauthorized individuals will promise faster service for a fee but they can’t expedite the process.
DACA Fraud
Applicants should be aware of the serious consequences for lying on DACA applications.
Why Timing Matters for Renewal
To keep your DACA and Employment Authorization Document (EAD) benefits, you need to renew before your current DACA and EAD expires. Renewing too close to the expiration date can result in your EAD expiring and you may not be able to work legally and could start accruing “unlawful presence” which can impact future adjustments to a lawful immigration status.
USCIS Recommended Renewal Timeline
Apply 120-150 Days Before Expiration
USCIS advises DACA recipients to submit their renewal applications 120-150 days before their current DACA and EAD expiration date. This is called the “application window”. Applying within this window will avoid gaps in protection and work authorization.
The DACA Renewal Calculator at the end of this guide will help you find this 120-150 day application window.
Get Ready for Your Renewal
DACA Renewal Calculator
Using this guide and calculator will help you avoid delays and stay protected under DACA. Always recommended to consult with a legal expert for specific situations.
Renewal is still important to stay under DACA. Here’s what to consider:
Advance parole allows DACA recipients to travel abroad for:
Travel Risks: Although advance parole is still available, legal uncertainty is a risk. If DACA is terminated while you’re abroad, re-entry could be complicated. Always consult with a legal expert before traveling.
Potential for adjustment of status through marriage to US Citizen: Re-entry to the U.S. on advance parole, will cure the prior “entry without inspection,” thus making the DACA recipient eligible for adjustment of status through marriage to a U.S. citizen.
Long-Term Options for DACA Recipient
Since DACA is temporary, it’s important to explore other immigration options. DACA recipients should get screened regularly as life changes may open up new paths. Some options include family-based petitions, employment-based visas, U visas and more.
A. Family-Based Petitions
Family-based petitions allow certain family members to sponsor DACA recipients for permanent residency:
For some, family-based petitions may allow adjustment of status in the U.S. so you don’t need to go through consular processing abroad which can be risky.
B. Employment-Based Immigration
DACA recipients may also be eligible for employment-based visas, especially those with specialized skills or education:
DACA recipients should consult with an immigration attorney who specializes in employment visas to see if you qualify as this path requires a well-prepared application and often a long wait.
C. U Visa for Crime Victims
The U visa is an option for DACA recipients who have been victims of certain crimes and have cooperated with law enforcement:
This visa also offers a path to LPR status after 3 years, so it’s a long-term solution for those who qualify.
D. Travel on Advance Parole for Adjustment of Status
Advance parole can be important for DACA recipients who are pursuing family-based petitions especially if they entered the U.S. without inspection:
However, travel on advance parole is not a guarantee of re-entry and may be risky so consult a lawyer.
245(i) Adjustment Eligibility
Under the Immigration and Nationality Act (INA) § 245(i), some individuals can adjust status in the U.S. even if they entered without inspection or worked without authorization. Key points:
This is great for older DACA recipients or those whose parents had petitions filed before 2001.
Employment-Based Adjustment with Current Employer
Some DACA recipients may be eligible for an employment-based adjustment due to their professional qualifications and work history:
Given the complexity of employment-based visas, recipients should consult with specialized immigration lawyers to navigate these options.
Plan for Uncertainty
Since DACA is in legal limbo, recipients should explore all possible immigration options. Here’s what to do:
Advance Parole is a permit that allows DACA recipients to travel outside the U.S. and re-enter lawfully. But there are rules and procedures to follow. Below we explain how to apply, eligibility, required documents and tips for safe travel.
Before You Travel
What is Advance Parole?
Advance Parole is a travel document issued by USCIS that allows DACA recipients to leave and re-enter the U.S. legally. It’s usually for:
Filing Fee: $630
Advance Parole Benefits and Limits
Benefits
Limits
Who Can Apply for Advance Parole?
DACA recipients can apply for Advance Parole if:
How to Apply for Advance Parole
Step 1: Check Eligibility and Purpose of Travel
Before applying for Advance Parole, consult with an immigration attorney to confirm your eligibility. Certain factors like removal orders or unlawful presence may bar your re-entry to the U.S.
Common Questions on Eligibility
Purpose of Travel
Basic Eligibility Questions: Answering “No” to any of the following means you are not eligible for Advance Parole now.
Further Questions
If you answer “Yes” to any of the following, consult an immigration attorney before applying for Advance Parole.
Step 2: Fill out Form I-131, “Application for Travel Document”
Step 3: Gather Supporting Documents
Provide proof of why you need to travel. Examples:
Step 4: Assemble the Application Package
Package contents should include:
Supporting Documents
Tip: Make two copies of your application. Keep one with you during travel and leave one with a trusted contact in the U.S.Completed I-131 application
Step 5: Submit
Step 6: USCIS Resources
Check the USCIS I-131 instructions for more information.
Step 7: Travel Preparation
Documents to Carry
Step 8: Re-entering the U.S. with Advance Parole
When you get back, you will go through inspection at the port of entry and CBP may ask you questions about your trip. Stay calm and have all your documents ready.
Advance Parole Travel Tips
Emergency Advance Parole Requests
For emergency situations, you may be able to request expedited processing of Advance Parole. But the reason must be serious, like a medical emergency or family emergency. Always check with USCIS for current instructions on emergency requests.
Traveling on Advance Parole Risks
Traveling abroad with Advance Parole has risks, including being denied re-entry. Travel history may also impact future immigration options so consult with an immigration attorney to consider these risks.
More Resources
General Advance Parole Question
Eligibility and Application Process
Traveling with Advance Parole
Risks and Consequences
Uncommon Questions or Situations
After Approved Advance Parole
Advance Parole allows DACA recipients to travel but you must follow all the rules and understand the risks. With proper planning and documentation, you can make the immigration process much easier and minimize travel risks. Always consult an immigration attorney.
The “Parole in Place” (PIP) program allows family members of U.S. military members and veterans to potentially adjust their status and become lawful permanent residents (green card holders) even if they entered the U.S. illegally. PIP is not a separate immigration status but a tool to help non-citizen family members become permanent residents without having to leave the U.S.
PIP is a temporary permission to be in the U.S. (usually in one-year increments) and allows eligible individuals to apply for a work permit. This is a benefit for non-citizen family members of U.S. military members to get lawful status and potentially apply for a green card even if they entered the U.S. illegally.
With PIP, eligible applicants can adjust status without leaving the country and re-entry issues.
You may be eligible if:
Note: PIP is discretionary, approval is not guaranteed. USCIS will grant it only if they think it serves a public benefit, like military family unity. Individuals with criminal convictions or other serious issues may not be eligible.
To apply for PIP, gather and submit the following documents to U.S. Citizenship and Immigration Services (USCIS):
Additional Supporting Evidence
Note: There is no fee for PIP. Submit your application to the USCIS field office serving your area, some offices may have additional requirements (e.g. a written statement explaining how you entered the U.S. or proof of an I-130 petition). After submission, USCIS may schedule an interview, which is usually short but can be longer if more information is needed.
If Parole in Place is Granted: What’s Next
You’ll receive an I-94 card as proof of PIP status. This card is good for one year and should be kept safe as it allows you to:
Family Members Eligible for a U.S. Green Card
Under U.S. immigration law, only certain family members of U.S. citizens are eligible for a green card as “immediate relatives”:
Immediate relatives have priority for green cards without long waiting lines and PIP allows them to adjust status in the U.S.
How to File for Adjustment of Status
Once PIP is approved you can:
Consult an attorney for guidance on filing a family-based green card application as the process can be tricky.
Important Notes
PIP applications have a high denial rate and success depends on the strength of your case. It’s recommended to get legal help especially if you have other issues (e.g. criminal history) that can affect your adjustment to permanent residence. An immigration attorney can also help you with local requirements and USCIS office.
1. Population: Who are the Dreamers?
2. Age: A Young Population
3. Origins and U.S. Arrival: Diverse Backgrounds, Deep Roots
4. Education: Many Dreamers are in School
5. Workforce: Filling Gaps in High-Demand Sectors
6. Economic Impact: Growing the U.S. Economy
7. Family Ties: Supporting U.S. Citizen Families
The Dream Act of 2023 will provide a pathway to citizenship for Dreamers, ending years of uncertainty and allowing them to fully contribute to American society. With their youth, education, work skills and deep family ties, Dreamers are uniquely positioned to strengthen the U.S. workforce and economy.
Passing this legislation would not only recognize their contributions but also secure a better future for American families and communities. Only by giving them a path to citizenship can Congress ensure Dreamers can continue to build their lives in the country they call home.
Since 2012, the Deferred Action for Childhood Arrivals (DACA) program has given protection from deportation and work authorization to young undocumented immigrants, allowing them to build lives, families and careers in the U.S. Despite its success, DACA is under legal threat. If it ends or renewals stop, the impact will be catastrophic for recipients, their families and the U.S. workforce and economy.
1. Job Losses: Thousands Each Week
Estimated Monthly Job Losses by Sector
Total Jobs Lost Monthly: 18,600
2. Economic Impact: State by State
3. Shrinking DACA Population: A Generation Without Opportunity
1. Family Separation: 1,000 U.S. Citizens Daily
Monthly Numbers of U.S. Citizen Family Members Affected
2. The Human and Financial Cost to Family
We Need Action Now
DACA has been a lifeline for hundreds of thousands of young immigrants who have made the U.S. their home, contributing to the economy and their communities. With the program under attack like never before, only Congress can provide a permanent solution to protect Dreamers and prevent the disaster of ending DACA.
Why a Permanent Solution Matters
DACA 12 Years Later: Lives
The Deferred Action for Childhood Arrivals (DACA) program has allowed undocumented youth to build lives in the U.S., many now working, in college and raising families. As DACA turns 12, the program is under legal attack and recipients and their families are in crisis. Here’s the situation.
DACA’s History and Purpose
12 Years of Growth: The Evolution of DACA Recipients
2024 vs. 2012
Personal Story: Reyna Montoya
Reyna Montoya, one of the first DACA recipients, went from student to teacher and community leader. DACA allowed her to graduate from college and make a difference in her community. Like many other Dreamers, she now advocates for a safer future and urges Congress to act.
A New Profile: DACA Recipients Today
DACA Population Characteristics
Uncertainty: Legal Challenges and Limited Access
was supposed to be temporary but congressional inaction has left recipients in limbo:
Congress Must Act Now
“DACA policy has given young undocumented immigrants a chance to build lives in the U.S. but without a permanent solution their future is uncertain. Congress can:
Now is the Time
President Obama’s original DACA statement said it was temporary and that Congress needed to act. Twelve years later, the call to act is still urgent. With legal threats looming, Congress must pass a pathway to citizenship to give DACA recipients, their families and their communities stability and certainty.
The Dream Act: Stalled
Since its introduction over 20 years ago the Development, Relief, and Education for Alien Minors (DREAM) Act has been at the center of U.S. immigration reform. Designed to provide a pathway to legal status for undocumented immigrants who came to the U.S. as minors, often called Dreamers, the Dream Act continues to be a topic of political debate and hope for millions who want to fully participate in American society. This article will look at the history, main provisions, potential effects and current status of the Dream Act.
History
The idea of the Dream Act was born out of the need to address the special challenges faced by undocumented immigrants brought to the U.S. as children. These young people, many of whom were raised in American communities and educated in American schools, find themselves in a legal limbo.
They are American in culture yet undocumented in status, with limited access to work, education and financial aid because of their immigration status.
In 2001 Senators Dick Durbin (D-IL) and Orrin Hatch (R-UT) introduced the first version of the Dream Act to provide conditional residency to young undocumented immigrants and a pathway to permanent residency if they met certain educational or military service requirements.
Since then various versions of the Dream Act have been introduced in Congress but despite broad public support the Act has not been passed into law. However it paved the way for other initiatives including Deferred Action for Childhood Arrivals (DACA) which temporarily protects eligible Dreamers from deportation.
While different versions of the Dream Act have been introduced, most have had the same core criteria and goals. Main provisions of the Dream Act include:
The Dream Act has big implications for Dreamers and the U.S. as a whole. Advocates say passing the Dream Act would bring significant economic benefits, support the American workforce and uphold American values of fairness and opportunity. Here are some of the main effects:
In 2012 the Obama administration introduced the Deferred Action for Childhood Arrivals (DACA) program. DACA provides temporary relief from deportation and work authorization for eligible Dreamers and allows them to renew every two years. While it’s temporary relief it’s not a permanent solution. Legal challenges and changes in administration policies have put the program in jeopardy and left DACA recipients in limbo.
In 2021 the American Dream and Promise Act passed the House of Representatives which included the Dream Act. But it did not move in the Senate. President Biden has said he supports comprehensive immigration reform including the Dream Act but the Act’s fate is up to bipartisan cooperation in Congress.
For and Against the Dream Act
For
Against
The Dream Act is a symbol and a solution to a problem affecting millions of young people in the U.S. While the road to passage is uncertain the debate around the Dream Act shows we need a compassionate and forward thinking approach to immigration reform.
For Dreamers passing the Act would mean more than status it would mean the opportunity to fully be themselves, enrich American society and build a secure and stable future. As the country figures out its immigration policy the Dream Act is a reminder of the values of resilience, opportunity and the American dream.
General DACA Program Questions
DACA Litigation and Status
DACA and Health Care
DACA and Advance Parole (Travel Authorization)
DACA and H-1B Visas
DACA and Adjustment of Status (Green Card Pathways)
Employment and Work Authorization
Educational Opportunities
Family Sponsorships and DACA
DACA Renewal Process
DACA in the Courts
DACA’s future is more uncertain than ever. As the Fifth Circuit Court of Appeals hears the case, a final decision from the Supreme Court could end the program for good, with huge implications for over 500,000 recipients, their families and communities. The Biden administration’s recent actions give temporary relief but no legislative solution leaves DACA recipients in limbo.
For over a decade, DACA has kept families together, supported the U.S. workforce and allowed young immigrants to build their lives in the only country they know as home. As the courts decide the program’s fate, the need for Congress to pass a permanent fix grows. Protecting Dreamers and a pathway to citizenship is crucial for the stability and prosperity of American communities and the economy.
Judge Hanen’s ruling against DACA makes clear the ongoing legal and political fight around the program and the need for legislative reform. As the Biden administration appeals, DACA’s future is uncertain and we’re looking to Congress and the Supreme Court for a solution. In the meantime, Dreamers and their allies will keep pushing for a safe and permanent path to citizenship.
We’ll see if the Court of Appeals or Supreme Court decides DACA’s fate but legislative reform is still needed. S will accept the application and payment but will not process or approve any first-time applications under current rules.
DACA’s future is more uncertain than ever. As the Fifth Circuit Court of Appeals hears the case, a final decision from the Supreme Court could end the program for good, with huge implications for over 500,000 recipients, their families and communities. The Biden administration’s recent actions give temporary relief but no legislative solution leaves DACA recipients in limbo.
For over a decade, DACA has kept families together, supported the U.S. workforce and allowed young immigrants to build their lives in the only country they know as home. As the courts decide the program’s fate, the need for Congress to pass a permanent fix grows. Protecting Dreamers and a pathway to citizenship is crucial for the stability and prosperity of American communities and the economy.
Judge Hanen’s ruling against DACA makes clear the ongoing legal and political fight around the program and the need for legislative reform. As the Biden administration appeals, DACA’s future is uncertain and we’re looking to Congress and the Supreme Court for a solution. In the meantime, Dreamers and their allies will keep pushing for a safe and permanent path to citizenship.
We’ll see if the Court of Appeals or Supreme Court decides DACA’s fate but legislative reform is still needed.
24/7 Support, Just A Call Away!
The H4 EAD has been a lifeline for thousands of H1B spouses, allowing them to work in the US while their family goes through the long green card process.
The H4 visa allows spouses and children of H1B visa holders to live in the US. Over time, the Employment Authorization Document (EAD) for H4 visa holders has allowed some H4 spouses to work, contribute to the economy and support their families. This policy is particularly significant for highly skilled workers in the EB-2 and EB-3 categories, as it helps them navigate the lengthy green card process.
The H4 EAD program for spouses and children of H1B visa holders has tremendous untapped potential to address labor shortages, drive economic growth and attract global talent. Current US policies limit work eligibility for H4 spouses much more than countries like Canada. Expanding work authorization for all H4 visa holders would bring huge benefits to US economy, workforce and innovation ecosystem.
On January 20, 2025, President Donald Trump will be back as US President. With Republican controlled Congress, Trump will likely repeat what he did in his first term and try to make significant changes and possibly eliminate the H4 EAD program launched by Obama in 2015.
Trump’s second term will be all about American workers and H4 work permits are on the chopping block again.
H1B holders and their H4 spouses are getting anxious again. The rollback of Employment Authorization Documents (EADs) for H4 visa holders will disrupt lives of H4 spouses of H1B workers who rely on this provision for employment, independence and social integration.
We will discuss and analyze Trump’s attempts to restrict and eliminate the H4 EAD in the article below, but here are the major points for now:
Here’s a detailed analysis of the program history, risks under Trump 2.0 and what H4 EAD holders and applicants can do to prepare.
For hundreds of thousands of H1B/H4 families who are waiting years (and even decades) for employer based green cards, the rollback of work permits is not just a policy change but a question of livelihood, independence and future stability.
Rolling back H4 EAD eligibility will shrink the US economy by at least $7.5 billion to $13 billion annually and more if families leave for more welcoming countries.
Keeping dual income families will lead to higher consumption, savings and investments and long term economic stability.
Boosting US Workforce
Talent Retention
Canada Is Moving In, Luring skilled migrants away from US.
For those who are not familiar with H4 EAD, first let’s understand H-1B and H-4 visas.
H1B is a non-immigrant worker visa for professionals.
H4 visa is a temporary nonimmigrant visa for spouses and minor children of H visa holders, mainly H1B workers.
H4 EAD was introduced in May 2015 under Obama administration. H4 EAD allows spouses of H1B visa holders to work in US, to help families maintain financial stability. This work authorization was a lifeline for many families facing green card backlogs, so spouses can:
The H4 EAD plays a significant role in legal immigration policies by providing employment opportunities to spouses of H1B visa holders.
Without EAD, H4 visa holders are stuck in dependent status with no way to work legally in US, restricting their financial stability and social integration.
Created Through Executive Action
Like DACA, H4 EAD program is vulnerable to elimination through new executive orders or legislation.
Pursuant to the 2015 DHS rule, H4 visa holders can apply for EAD if:
H4 EAD is not just about income; it’s about independence and inclusion. Losing this authorization means:
This has been a lifeline for many, especially in Indian diaspora, for H4 spouses not only to join the US workforce, but also create a dual income stream into the home, either through employment or entrepreneurship.
In short, EAD is not just about employment; it’s a lifeline for many families and a pathway for dependent H4 spouses to integrate into American society.
Educational Background of H-4 EAD Holders
H4 EAD Employment Statistics
H4 EAD Geographic Distribution
H4 ED Gender and Nationality
Number of Approved H4 EADs
Potential Impacts of H4 EAD Rescission
Job Loss:
Economic Costs:
Family Separation or Exodus From U.S.:
“You have to know the past to understand the present.”
Carl Sagan
To know the risks and shape of future, let’s first look back to the history and evolution of H4 EAD program.
The EAD rule was implemented to address the problems faced by immigrant families stuck in green card backlogs, especially those from India.
Public Comments
Purpose of the Regulation
This regulation addresses several problems faced by H1B families:
DHS authority comes from:
While the rule has broad support, it faces opposition:
Critics argue that the H4 EAD rule takes jobs away from American workers and undermines the integrity of the immigration system. They also claim that it encourages more people to come to the U.S. illegally, hoping to benefit from similar programs in the future. Additionally, there are concerns about potential future restrictions on temporary protected status under a second Trump administration, which could impact many individuals and their employers who depend on TPS for extended work authorization.
Labor Market:
Fraud:
First Year Impact
For Families:
For Employers:
Retain skilled H1B workers and reduce turnover costs.
For the Economy:
Costs
To apply for H4 EAD you must meet both of the following:
You must be in H4 status, which is granted to dependents (spouses or children) of H1B visa holders.
Your H1B spouse must be one of the following:
Include the following with your application:
Proof of H4 Status:
Identity:
Proof of H1B Spouse:
Proof of H1B Spouse’s Status:
Eligibility: Depending on your spouse’s status:
Passport Style Photos:
Translations (if applicable):
Choose the correct filing address based on your application type:
Processing Time:
Decision:
Approval and Validity:
Renewing H4 EAD:
Automatic EAD Extensions:
Edakunni v. Mayorkas. Over 40 companies including Amazon, Google and Apple are part of a lawsuit to bundle H4 EAD applications with H1B extensions to speed up processing.
The settlement now permits bundling but a new administration can bring back similar hurdles.
Bundled Processing
Benefits: Faster approval for H4 and H4 EAD when bundled with premium processing H1B applications. Reduced waiting time for employment authorization.
Current Policy:
Incomplete Applications:
Incorrect Filing Fees:
Misfiling Forms:
Fraud or Scams:
Barriers to Entry and Delayed Access:
Complex Alternatives:
Instead of eliminating or restricting H4 EAD, the White House and Congress should work together to unleash the potential of H4 visa holders by:
Immediate Work Authorization for H4 Spouses:
Equity/Parity with Other Visa Categories:
Spouses of L1 (intra-company transferee), E1 (treaty trader) and E3 (Australian specialty worker) visa holders are automatically eligible to work. Granting similar rights to H4 spouses aligns US policy with these precedents
Retain Talent:
Dual income families are less likely to leave US for countries like Canada and will keep top talent in the American economy
Simplify Processing:
Increase Public Awareness:
During his previous presidency, Donald Trump issued the “Buy American, Hire American” executive order to protect US workers.
During his first presidency, Trump’s “Buy American, Hire American” executive order aimed to prioritize US workers for jobs.
In 2018, Department of Homeland Security (DHS) proposed a regulation titled “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”.
Under this policy:
Although the proposal was not finalized, it created uncertainty for thousands of families.
Original Date Announced
December 14, 2017
DHS published a notice in the Unified Agenda of Regulatory Actions that it intends to rescind a rule making spouses of H1B visa holders who hold H4 visas eligible to work. [ID #492]
April 4, 2018 USCIS reports efforts to narrow eligibility for nonimmigrant worker programs
Subsequent Trump-Era and Court Action(s)
November 1, 2018
Removing H4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization
DHS once again published in the Unified Agenda its intention to rescind the rule providing for work authorization for certain H-4 nonimmigrants.
August 26, 2020
Removing H-4 Dependent Spouses From the Classes of Aliens Eligible for Employment Authorization
The Unified Agenda published on August 26, 2020, noted that DHS will publish a notice of proposed rulemaking (NPRM) in September 2020 modifying the final rule published by DHS in 2015 that extended eligibility for employment authorization to certain H– 4 dependent spouses of H–1B. The new proposed rule will rescind the earlier 2015 rule, making this class of aliens ineligible for employment authorization.
The proposal was widely panned for its economic and social impact, especially for skilled professionals in critical sectors like healthcare, IT and education
The Trump era proposal to rescind H4 EAD faced both procedural and moral challenges:
Expert Analysis
Advocates pointed out the H4 EAD promotes gender equality and financial independence for immigrant families
Biden reversed Trump’s move and kept H4 EAD. This decision:
Immigration experts said removing H4 work permits would disproportionately harm families already waiting for years in green card processing.
Biden issued a regulatory freeze memo on January 20, 2021 and all rulemaking was put on hold. As a result:
It was just Trump. Since its introduction, the EAD rule has been opposed by many, mainly those who claim it hurts American jobs.
From the beginning, the H4 EAD rule has been challenged in court. Save Jobs USA, an organization of U.S. born tech workers, has argued:
US Court of Appeals for the DC Circuit, Judge Justin R. Walker wrote the opinion. Key points:
Support from Major Organizations
Companies and business groups filed an amicus brief in support of H4 EAD during the lawsuit. They argued:
Court Decisions: The courts have upheld the EAD rule, the Department of Homeland Security has the authority to issue work permits to H4 visa holders.
Despite these decisions, advocacy groups are still challenging the policy, adding more uncertainty for affected families More importantly, the rule can still be rescinded or restricted by Trump’s incoming administration.
President Biden’s U.S. Citizenship Act of 2021, announced on January 20, 2021, attempted to create a more permanent H4 EAD. Key points:
The bill did not pass.
The Trump administration previously tried to rescind H4 EAD as part of the “Buy American, Hire American” agenda. Though it didn’t happen during the first term, a second term could bring it back. Key risks:
Proactive planning is key to minimize the risks. Here are the steps H4 EAD holders and applicants can take to protect their status and work authorization:
Even if H4 EAD program isn’t eliminated completely, other changes could affect work authorization:
H4 work permits are uncertain with Trump’s return and policy rollbacks. For many H1/H4 families, EAD is not just about jobs, it’s about independence, dignity and ability to contribute to American dream.
For those interested in the rationale of the 2015 H-4 EAD Rule should read the Rule published in the Federal Register. The summary of the Rule follows and will provide additional evidence and support for those looking to support the program in 2025 and beyond.
The Department of Homeland Security (DHS) created a rule to allow H-4 visa holders—spouses of H-1B visa holders—to work in the US to alleviate hardships and support US businesses by keeping highly skilled foreign workers. Here is a summary of the current framework, eligibility, public comments and the final rule.
H-4 Visa: Supporting H-1B Families
H-1B Families Challenges
Long Wait Times:
Economic and Emotional Strain:
Impact on US Employers
Legislative Relief:
Proposed Rule (2014)
May 12, 2014
DHS proposed to amend the regulations to allow certain H-4 dependent spouses to apply for employment authorization if the H-1B visa holder:
Key Changes in the Rule
During the 60 day comment period, DHS received almost 13,000 comments. Here are the comments:
Supportive Comments (85%)
Economic Benefits:
Social Impact:
Competitiveness:
Opposing Comments (10%)
Mixed Comments (3.5%)
Eligibility Scope:
After comments, DHS finalized the rule with minor tweaks to clarify and address filing issues.
H-4 spouses can file for employment authorization if:
Filing Process Changes
Projected Numbers
For Families
For Employers
For the Economy
1. H-4 Dependents of H-1B1, H-2, H-3 Nonimmigrants
Public Comments
DHS Response
Public Comments
DHS Response
Legal Barriers:
Public Comments
DHS Response
Administrative Barriers:
Public Comments
DHS Response
Approval-Based:
Public Comments
DHS Response
Key Points
Employment authorization is for H-4 dependent spouses of H-1B visa holders who:
Policy Reasoning
DHS will consider further expansion but wants to take it slow and administratively feasible.
1. Employment Authorization for H-1B Nonimmigrants
2. H-4 Dependents not selected in the H-1B lottery
3. Dependents of other nonimmigrant categories
1. Displacement of U.S. Workers
2. Not Necessary
3. Impact on other immigration categories
4. Impact on Universities
The net effect on university enrollment is unknown, some say increased family income will lead to more educational spending.
1. Limit eligibility by skills or sectors
2. Reciprocal employment policies
3. Limit eligibility to AC21 extensions
Comments on DHS’s estimates
DHS Response:
Final estimate:
Comments on economic calculations:
DHS’s position:
1. Simplified filing process
Comments:
Comments:
DHS Response:
Comments:
DHS Updates:
Integration and workforce concerns:
What was asked:
DHS Response:
Why Form I-765 can’t be filed with Form I-140:
Premium Processing
What was asked:
DHS Response:
What was asked:
DHS Response:
Key comments:
DHS Response:
Proposed restrictions:
DHS Response:
Issue:
DHS Response:
Key issues:
DHS Safeguards:
EAD validity:
EAD renewals:
Simplified filing process:
No changes to H-1B program:
Public Comments:
DHS Response:
Key points:
Comments:
DHS Analysis:
Public Comments:
DHS Response:
Public Comments:
DHS Decision:
Key Points:
Current Backlog:
DHS estimates:
New Eligibility per Year:
Methodology:
Key Assumptions:
Applicant Costs
Costs:
Long-term Cost Projections:
Broader Economic and Social Benefits
Benefits:
Retention of high-skilled talent for economic growth, innovation and competitiveness.
1. Applicant Costs
H-4 dependent spouses applying for employment authorization will incur the following costs:
2. Total Costs
3. Renewals
1. U.S. Labor Market
2. Wider Impacts
1. Economic Benefits
2. Social Benefits
1. Alternatives Considered
DHS considered several options before finalizing the H-4 EAD program:
2. Final Eligibility Criteria
3. Regulatory Changes
1. Public Comments
2. DHS Response
Projected Outcomes and Long-Term Impact
Accordingly, DHS amends chapter I of title 8 of the Code of Federal Regulations as follows:
PART 214—NONIMMIGRANT CLASSES
1. The authority citation for part 214 continues to read as follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Public Law 104-208, 110 Stat. 3009-708; Public Law 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2.
2. Section 214.2 is amended by revising paragraph (h)(9)(iv) to read as follows:
Special requirements for admission, extension, and maintenance of status.
(iv) H-4 dependents. The spouse and children of an H nonimmigrant, if they are accompanying or following to join such H nonimmigrant in the United States, may be admitted, if otherwise admissible, as H-4 nonimmigrants for the same period of admission or extension as the principal spouse or parent.
H-4 nonimmigrant status does not confer eligibility for employment authorization incident to status. An H-4 nonimmigrant spouse of an H-1B nonimmigrant may be eligible for employment authorization only if the H-1B nonimmigrant is the beneficiary of an approved Immigrant Petition for Alien Worker, or successor form, or the H-1B nonimmigrant’s period of stay in H-1B status is authorized in the United States under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), Public Law 106-313, as amended by the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273 (2002).
To request employment authorization, an eligible H-4 nonimmigrant spouse must file an Application for Employment Authorization, or a successor form, in accordance with 8 CFR 274a.13 and the form instructions. If such Application for Employment Authorization is filed concurrently with another related benefit request(s), in accordance with and as permitted by form instructions, the 90-day period described in 8 CFR 274.13(d) will commence on the latest date that a concurrently filed related benefit request is approved.
An Application for Employment Authorization must be accompanied by documentary evidence establishing eligibility, including evidence of the spousal relationship and that the principal H-1B is the beneficiary of an approved Immigrant Petition for Alien Worker or has been provided H-1B status under sections 106(a) and (b) of AC21, as amended by the 21st Century Department of Justice Appropriations Authorization Act, the H-1B beneficiary is currently in H-1B status, and the H-4 nonimmigrant spouse is currently in H-4 status.
PART 274a—CONTROL OF EMPLOYMENT OF ALIENS
3. The authority citation for part 274a continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; Title VII of Public Law 110-229; 48 U.S.C. 1806; 8 CFR part 2.
4. Section 274a.12 is amended by adding a new paragraph (c)(26), to read as follows:
Classes of aliens authorized to accept employment.
*
(c) *
(26) An H-4 nonimmigrant spouse of an H-1B nonimmigrant described as eligible for employment authorization in 8 CFR 214.2(h)(9)(iv).
*
5. Section 274a.13 is amended by revising the first sentence of paragraph (d), to read as follows:
Application for employment authorization.
*
(d) Interim employment authorization. USCIS will adjudicate the application within 90 days from the date of receipt of the application, except as described in 8 CFR 214.2(h)(9)(iv), and except in the case of an initial application for employment authorization under 8 CFR 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and 8 CFR 274a.12(c)(9) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n). *
*
Jeh Charles Johnson, Secretary.
Regardless of what Trump does in 2025 on the H-4 EAD, there will likely be extensive litigation in federal courts. Becoming familiar with the history of the litigation will be helpful in understanding how future litigation may play out.
8/2/24 AILA Doc. No. 15052675. Business Immigration, H-1B & H-1B1 Specialty Occupation
August 2, 2024
The D.C. Circuit affirmed the district court’s decision awarding summary judgment to DHS, holding that Save Jobs USA had not meaningfully distinguished the case from binding precedent in Washington Alliance of Technology Workers v. DHS, in which the court held that the 2016 STEM Optional Practical Training (OPT) regulations were within DHS’s statutory authority to set the time and conditions of F-1 admission. The court reasoned that its recent decision in WashTech interpreted the INA to authorize immigration-related employment rules like the H-4 EAD rule, and that Save Jobs USA had made little effort to dispute that reading of WashTech. (Save Jobs USA v. DHS, et al., 8/2/24)
February 8, 2024
After SCOTUS denied cert. in Save Jobs USA v. DHS, et al., the plaintiffs appealed to the DC circuit court. AILA and AIC filed an amicus brief urging the circuit court to affirm the district court decision granting summary judgment.
The amici brief counters appellant’s argument that DHS does not have the authority to permit certain H-4 spouses to work by providing a detailed explanation of the shared congressional and executive responsibility in the INA that the executive followed for almost 35 years in authorizing work for certain categories of noncitizens and its subsequent ratification in 1986 when Congress explained that a noncitizen was “unauthorized” for purposes of the new employment verification provisions if not “authorized to be so employed by this Act or by the Attorney General.” 8 U.S.C. § 1324a(h)(3)(B).
October 30, 2023
The U.S. Supreme Court denied the petition for a writ of certiorari before judgment, leaving in place the March 2023 ruling from the U.S. District Court for the District of Columbia granting summary judgment in favor of DHS. Justice Kavanaugh took no part in the consideration or decision of the petition. (Save Jobs USA v. DHS, et al., 10/30/23)
March 28, 2023
Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia granted DHS’s motion for summary judgment, concluding that DHS possessed the requisite statutory authority to issue the H-4 EAD rule, and that the plaintiff had failed to demonstrate that the H-4 EAD rule was arbitrary and capricious. (Save Jobs USA v. DHS, et al., 3/28/23)
April 2, 2021
On April 2, 2021, Save Jobs USA filed its second renewed motion for summary judgment in the U.S. District Court for the District of Columbia. The updated court schedule is provided below:
May 3 – Defendant’s combined opposition and cross-motion
May 17 – Intervenor’s combined opposition and cross-motion
May 31 – Plaintiff’s combined oppositions and replies
June 14 – Defendant’s reply
June 28 – Intervenor’s reply
February 2, 2021
In light of recent executive and administrative actions, on February 2, 2021, Judge Chutkan ordered a joint status report due by March 5, 2021, advising the court: 1) whether the current dispute has been mooted or the parties anticipate that it will be mooted; 2) whether the parties wish to stay this action for any reason, including the parties’ negotiations over resolving this dispute; or 3) whether the parties agree that this litigation should continue as anticipated pursuant to the federal rules, local rules or a scheduling order.
October 5, 2020
On October 5, 2020, the parties provided a joint status report to the court. In the joint status report, DHS stated “[A]lthough DHS formally submitted the proposed rule, titled Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization (“H-4 EAD proposed rule”) to both the Office of Management and Budget (“OMB”) and Office of Information and Regulatory Affairs (“OIRA”) for review under Executive Order 12866 on February 20, 2019, this proposed rule is still in the same stage due to urgent competing priorities that have arisen during the COVID-19 pandemic.”
Save Jobs asked to move promptly for summary judgment. Immigration Voice (Intervenors) asked for a stay until after the Presidential election.
November 8, 2019
The court reversed the U.S. District Court for the District of Columbia’s 2016 grant of summary judgment in favor of DHS, concluding that Save Jobs USA had demonstrated that DHS’s H-4 EAD rule would subject its members to an actual or imminent increase in competition, and that it therefore has standing to pursue its challenge. (Save Jobs USA v. DHS, 11/8/19)
September 16, 2019
In a letter to the court, DHS states that,
“The proposed rule is currently undergoing the interagency process as required by Executive Order 12866. As previously indicated, DHS’s intention to proceed with publication of the H-4 EAD proposed rule remains unchanged. At this point, DHS has informed counsel that it believes the earliest possible publication date for that rule would be in spring 2020. Although that timeframe is aspirational, DHS believes that the September 27, 2019 oral argument should be removed from the calendar and postponed and DHS ordered to provide status updates in accordance with a schedule the Court deems appropriate.” (emphasis added)
In a response to order to show cause, Save Jobs USA argued that the appeal should move forward and that the court should hold oral argument as scheduled.
Immigration Voice, Sudarshana Sengupta, and Anuj Dhamija, submitted a letter, arguing that “based on prudential considerations and in the interest of judicial economy the oral argument should be removed from the argument calendar and indefinitely postponed.”
March 13, 2019
On March 13, 2019, the D.C. Circuit Court of Appeals granted the appellee’s consent motion for a 14-day enlargement of all parties’ briefing deadlines. The following revised briefing schedule will now apply in this case:
(Save Jobs USA v. DHS, 3/13/19)
January 23 , 2019
On January 23, 2019, the D.C. Circuit Court of Appeals granted the appellee’s motion for an enlargement of all parties’ briefing deadlines. The following revised briefing schedule will now apply in this case:
(Save Jobs USA v. DHS, 1/23/19)
December 17 , 2018
On December 17, 2018, the D.C. Circuit Court of Appeals granted a motion to intervene that Immigration Voice, a non-profit organization, filed with the court in March 2017. The court also ordered the case to be removed from abeyance and directed the clerk to enter a briefing schedule. The following briefing schedule will apply in this case:
(Save Jobs USA v. DHS, 12/17/18)
September 21, 2018
DHS submitted a status report in the case, which is still being held in abeyance. The status report indicates that DHS’s intention to proceed with publication of an NPRM concerning the H-4 EAD Rule remains unchanged and that DHS continues to proceed in line with that intention. Since the filing of the status report on 8/20/18, DHS senior leadership has reviewed the proposed rule and returned it to USCIS this month for revisions. When the necessary revisions are incorporated, USCIS will return the proposed rule to DHS for final clearance and submission to OMB. DHS anticipates that the rule will be submitted to OMB within three months. (Save Jobs USA v. DHS, 9/21/18)
August 20, 2018
DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that final DHS clearance of the proposed rule to remove from regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization is ongoing. Senior levels of DHS leadership are actively considering the terms of the proposed rule for approval. Once it is cleared through DHS, it will be sent to the Office of Management and Budget (OMB) for review. (Save Jobs USA v. DHS, 8/20/18)
May 22, 2018
DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that the proposed rule to remove from regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization is currently in final DHS clearance. Once it is cleared through DHS, it will be sent to the Office of Management and Budget for review. (Save Jobs USA v. DHS, 5/22/18)
February 28, 2018
DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that DHS intends to publish a Notice of Proposed Rulemaking to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization by June 2018. (Save Jobs USA v. DHS, 2/28/18)
According to USCIS data, 104,750 H-4 spouses have received employment authorization under the current H-4 employment authorization rule, which was published at 80 FR 10284 on 2/25/15.
November 17, 2017
The D.C. Circuit Court of Appeals granted the government’s motion to hold proceedings in abeyance pending further order of the court and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by January 2, 2018.
September 27, 2017
DHS filed a motion to hold proceedings in abeyance through December 31, 2017. (Save Jobs USA v. DHS, 9/27/17)
September 20, 2017
Save Jobs USA filed a motion to reschedule briefing and oral argument.
June 23, 2017
The D.C. Circuit Court of Appeals granted the government’s motion to hold the proceedings in abeyance and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by September 27, 2017.
April 3, 2017
The government filed a motion with the D.C. Circuit Court of Appeals requesting that the court hold the proceedings in abeyance for 180 days, up to and including September 27, 2017, to permit DHS to reconsider the H-4 EAD rule and whether it should revise the rule through notice-and-comment rulemaking. (Save Jobs USA v. DHS, 4/3/17)
September 27, 2016
The U.S. District Court for the District of Columbia granted summary judgment in favor of DHS, holding that Save Jobs USA lacked Article III standing to challenge DHS’s H-4 EAD rule.
May 24, 2015
Memorandum opinion denying Save Jobs motion, finding that Save Jobs failed to show it would suffer irreparable harm absent preliminary relief.
April 23, 2015
A group of tech workers formed by Americans who were employed at Southern California Edison, filed a complaint for declaratory and injunctive relief and a motion for preliminary injunction staying the implementation of USCIS’s final rule on employment authorization for certain H-4 dependent spouses.
H-4 EAD General Questions
Legal and Preparatory Steps
Work and Employment Issues
Family and Personal Issues
Policy Questions
Long term Immigration Strategies
Special Cases
If you are on H-4, navigating work authorization and preparing for potential changes under a Trump administration requires expertise. Herman Legal Group has the experience and personal attention to help you understand your rights, H-4 EAD options and alternative paths to work authorization.
With a history of advocating for immigrants through changing regulations, their team will provide you with current and customized legal strategies for your situation. By working with Herman Legal Group you will feel at ease and have a plan for your professional and personal life in the US.
Related Resources
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The Deferred Action for Childhood Arrivals (DACA) program is still very much a part of the lives of undocumented young people in the US, aka Dreamers. Recent news has brought new benefits, ongoing legal challenges and policy changes for DACA recipients and their futures. While current DACA recipients maintain their status, USCIS will continue to accept initial DACA requests without processing them due to a court order. There is a pressing need for immigration reform to address the ongoing challenges faced by DACA recipients.
This post has the latest news on DACA, Health Care developments, Litigation Updates, Tips for Dreamers and general DACA info.
Introduced in 2012: DACA was transformative policy created by the Obama administration to protect young immigrants who were brought to the US as children.
Eligibility:
On November 1, 2024, for the first time ever, “Dreamers”—young people under the Deferred Action for Childhood Arrivals (DACA) program—will be able to sign up for health coverage through the Affordable Care Act (ACA) marketplaces, also known as health insurance marketplaces or Obamacare. This change by the Biden administration allows DACA recipients to enroll in private health insurance plans and get premium subsidies if they meet income requirements.
The administration estimates 100,000 of the 500,000 DACA recipients could benefit from this new eligibility. But the future of this rule is uncertain as 18 states led by Kansas are challenging the policy in court, arguing it will cost states money and attract more individuals to stay in the US without permanent legal status. While the DACA Final Rule was ruled unlawful, current DACA grants and related employment authorization documents remain valid until expiration.
Details:
Previous Limitations:
Despite work authorization, DACA recipients were not previously eligible for federally funded health insurance programs including ACA coverage.
1. ACA Marketplace Plans
2. Immediate Coverage Options
Quotes from Administration Officials
Why This Matters
This is big for DACA recipients who face barriers to affordable healthcare.
Prior to November 1, 2024, DACA recipients were not considered “lawfully present” for ACA purposes. This new rule, finalized in May 2024, makes DACA recipients “lawfully present” so they can get ACA plans like other immigrants with legal status in the US.
By getting ACA benefits:
How to Apply
Additional Support for Long-term Stability
This is a big win for the health and wellbeing of DACA recipients and reflects the Biden administration’s commitment to immigrant communities and a more inclusive healthcare system. For DACA recipients this means a healthier and more secure future in the US.
Where We Are
A coalition of 19 states led by Kansas filed a lawsuit in the U.S. District Court for the District of North Dakota in August 2024 to address legal challenges and block the rule’s implementation. U.S. District Judge Daniel Traynor, appointed in 2019, is hearing the case and held a hearing on October 15, 2024.
Individuals who received their initial DACA status prior to July 16, 2021, are partially protected despite the DACA Final Rule being deemed unlawful.
Arguments from Both Sides
Judge Traynor has asked the federal government to provide more information by October 29 to calculate the cost and responses are due by November 12.
Judge Traynor can:
Zachary Baron, a Georgetown Law lawyer, says nationwide injunctions have become a hot topic. “Some judges don’t want one district court to make decisions with national impact,” he said.
Even with the lawsuit pending, advocates are telling DACA recipients to enroll starting on November 1. Health care is important and can change lives.
Note: This lawsuit to block ACA eligibility for DACA recipients is separate from the case challenging another lawsuit, also filed by several states, to end the DACA program altogether. That case is on appeal.
What Health Insurance Programs Can I Apply For?
November 1, 2024:
Can I Get Help Paying for Health Insurance?
Yes! There are two types of financial assistance available through ACA marketplaces:
How to Enroll?
You can:
Which Plan Should I Choose?
Marketplace plans come in four levels: Platinum, Gold, Silver, Bronze. To get CSRs you must choose a Silver plan.
What Do I Need?
Usually you will need:
When Can I Enroll?
When Can I Use My Health Insurance?
After you enroll, your insurer will send you an insurance card and information on in-network providers.
Can I Switch from Employer Insurance to Marketplace Coverage?
Maybe. If your employer offers affordable, comprehensive coverage you may not be eligible for marketplace subsidies. Talk to a navigator or enrollment assister from a health center to find out your options.
What if I am Self-Employed?
Yes! Self-employed individuals can apply for marketplace coverage and may be eligible for subsidies.
Is My Information Private?
Yes. Federal laws strictly govern the use of personal information you provide. Information like immigration status or income will only be used to determine eligibility and subsidies, not for other purposes.
What If I Move to Another State?
You’ll also need to report changes in income or other personal circumstances.
What If My DACA Expired?
Will Subsidized Insurance Affect My Future Immigration Status?
No, getting ACA coverage or subsidies (APTC, CSRs) is not a public benefit under public charge rules and will not affect your green card or citizenship eligibility.
Income Thresholds to Remember
For more information and updates visit the federal register or HealthCare.gov
The Deferred Action for Childhood Arrivals (DACA) program, which gives deportation protection and work authorization to over 500,000 undocumented individuals brought to the U.S. as children, is under attack in the courts.
Despite changes in the policy and ongoing processing of renewal requests, initial DACA requests are currently prohibited as dictated by a federal district court of ruling.
On September 13, 2023 a federal judge ruled the revised DACA policy is unlawful, just like previous previous rulings.
This adds to the uncertainty around DACA’s future as the decision has been appealed to the U.S. Fifth Circuit Court of Appeals and that case is ongoing.
Without protections, DACA recipients are at risk. So we need legislation.
The Supreme Court could decide the program’s fate in the next two years.
Current Status and Recent Court Activity
An October 10, 2024 hearing in federal court may end up determining the fate of the Deferred Action for Childhood Arrivals (DACA) program.
Here are the arguments, what’s at stake and what could happen.
Fifth Circuit Court of Appeals: Update
Texas Argument: Financial Burden on States
Judicial Panel: The case is before a three-judge panel:
Appeal: If the decision is adverse to DACA the case will go to the Supreme Court which previously blocked the Trump administration’s attempt to end the program but has not yet ruled on the legality of DACA.
Timing: A decision from the Fifth Circuit could come in a few months. This will either affirm or block DACA and will likely be appealed to the Supreme Court for the final decision.
Opening Briefs: For Federal Government
Reply Briefs: Federal Government
Next Steps
Quotes from Supporters
As they say, to know what the future holds, you have to know the history. It is important to know the history of DACA litigation, and the opposition that really gained momentum starting in 2017.
Early Challenges and Supreme Court Review in 2020
Judge Andrew Hanen’s Decisions
DACA Timeline & Key Decisions
The Economic and Social Consequences of Ending DACA
Why Congress Must Act
Recent Actions by the Biden Administration
Need for Legislative
What is Keeping Families Together (KFT)
On June 18, 2024 the Department of Homeland Security (DHS) launched the Keeping Families Together initiative which allows certain noncitizen spouses and stepchildren of U.S. citizens to request “parole in place” (PIP). This process allows them to stay in the U.S. temporarily and may allow them to apply for a green card without having to leave the country. Texas and other states are challenging this policy to stop it.
Here’s the full guide to eligibility, application process, required documents and key things to know.
Latest News
Applications approved before August 26, 2024 are still valid.
Amicus Brief Filed in Texas v. U.S. Department of Homeland Security
On October 31, 2024, the National Immigration Law Center (NILC) filed an amicus brief on behalf of American Families United in support of the Keeping Families Together Parole in Place policy.
(U.S. District Court for the Eastern District of Texas, Tyler Division, Case Number: No. 6:24-cv-000306)
NILC’s amicus brief is about the importance of family unity. It argues that blocking the Keeping Families Together policy, and its Parole in Place application, would:
What is Parole in Place (PIP)?
Parole in Place (PIP) allows certain noncitizens who entered the U.S. without inspection to get temporary permission to stay in the country. PIP is a discretionary benefit under Section 212(d)(5)(A) of the Immigration and Nationality Act (INA) which allows noncitizen spouses and stepchildren of U.S. citizens in the military to stay in the U.S. for urgent humanitarian reasons or significant public benefit.
Benefits of PIP:
Through this program recipients are eligible for temporary protection, work authorization and a chance to adjust their status. These steps will help 2 million family members in mixed status households across the U.S.
Program Details
Eligibility Requirements:
Parole in Place as a Path to Legal Status
For many undocumented spouses of U.S. citizens, parole in place could be a way to get to permanent residency by removing immigration bars. Right now:
Legal Background of Parole in Place
Parole in place grants temporary protection from deportation and work authorization to undocumented individuals already in the U.S. This tool, found in the Immigration and Nationality Act (INA) Section 212(d)(5)(A), has been used before, mostly for family members of U.S. military personnel.
To qualify you must meet specific requirements based on your relationship to a U.S. citizen and residency status.
Noncitizen Spouses of U.S. Citizens
Noncitizen Stepchildren of U.S. Citizens
You must prove eligibility through documentation and show that your parole request is for urgent humanitarian reasons or significant public benefit.
How to Request Parole in Place
Starting August 19, 2024 eligible noncitizen spouses and stepchildren can submit Form I-131F, Application for Parole in Place, through USCIS’s online portal.
Documents Required
All evidence must be genuine and USCIS will thoroughly verify it.
Application Process
What Happens After You File Form I-131F
Parole in Place Outcome
If Approved
If Denied
Additional Information
Address Change
If you move while your application is pending, update your USCIS online account within 10 days to not miss important notifications.
Employment Authorization
After approved, apply for an EAD using Form I-765 with category code (c)(11). An EAD is work authorization in the U.S. and is required for lawful employment.
Social Security Number (SSN)
Travel Outside the U.S.
Future Immigration Options After PIP
PIP does not automatically make you eligible for permanent residency. To adjust status to lawful permanent resident, eligible family members must:
For more information, consult an immigration attorney as eligibility to adjust depends on several factors including admissibility and visa availability.
Be Scam Aware
When seeking legal help, make sure your advisor is a licensed immigration attorney or an accredited representative authorized to give legal advice. Avoid scams: fake websites, unauthorized payments and individuals posing as government officials.
Additional Resources
For more information on Keeping Families Together process, eligibility and forms visit:
Employment and Economy
Many eligible individuals are already working:
By work authorization:
1. General
2. Eligibility
3. How to File
4. After Filing: Background Checks and Decision
5. Family Situations and Relationships
6. Employment Authorization
7. Travel and Leaving the U.S.
8. Removal Proceedings and Removal Orders
9. Criminal History and Public Safety Concerns
10. Subsequent Applications and Adjustment of Status
11. Federal Court Stay
On June 21, 2024, the Biden administration announced a new policy to simplify the work visa application process for foreign nationals educated in the U.S., including DACA recipients, also known as Dreamers.
This will help highly skilled individuals who graduated from U.S. colleges and universities to stay in the country and contribute to the economy.
Policy Highlights
1. Simplified Application Process
2. U.S. College Graduates First
3. Waivers for Prior Unlawful Presence
4. National Interest
5. Expanded Definition of High Skilled Jobs
For Dreamers, this means a clearer pathway to long term stability in the U.S. Currently DACA only provides temporary work permits but H-1B visas provides a separate status and can lead to permanent residency.
Background and Issues
The 212(d)(3) waiver, also known as the D-3 waiver, is a lifeline for DACA recipients and Dreamers applying for temporary work visas at U.S. Embassies. This waiver allows eligible individuals to get nonimmigrant visa status without facing years of exclusion from the U.S. By fixing this process, DACA recipients and others can get stable employment, pathway to permanent residency and potentially citizenship.
D-3 Waiver Updates
Why D-3 Waivers Matter for DACA Recipients and Dreamers
Overcoming Nonimmigrant Visa Barriers
The current D-3 waiver process requires applicants to leave the U.S., apply for a visa at a U.S. consulate or embassy and wait for approval from the Department of State and DHS. This process is full of risks and uncertainties as applicants only find out the outcome after they leave the U.S. and can be away for a long time.
Key Issues
The new Foreign Affairs Manual updates are a step in the right direction. It states that it is in the public interest to admit individuals who have U.S. degrees or skilled credentials and that these cases should be prioritized.
Additional Reforms Needed
To make it even better:
These wouldn’t create new visa categories, just streamline the waiver process for existing visa pathways so more eligible individuals can participate in the program.
If done, this could benefit tens of thousands of DACA recipients, Dreamers and other qualified individuals:
The new Foreign Affairs Manual updates are a step in the right direction for a more streamlined D-3 waiver process but there’s more to be done.
By having pre-departure waiver approvals, centralizing processing and standardizing across locations, DHS and DOS can make it easier for qualified individuals to get visas, return to the U.S. quickly and contribute to American society.
Deferred Action for Childhood Arrivals (DACA) grants work authorization and protection from deportation to eligible young immigrants who came to the U.S. as children. Despite ongoing legal challenges, courts are mandating the continuation of processing DACA renewal requests.
With ongoing legal challenges and policy changes, it’s crucial to stay up to date. Here’s a comprehensive guide to DACA renewal eligibility, renewal application process, and how to navigate the process.
1. Processing Time for Renewals
2. Don’t File Early
1. September 13, 2023 Court Decision on DACA’s Lawfulness
2. Current and New Applicants
Basic Eligibility for Initial Applicants
Though initial applications are not being processed, it’s good to know the eligibility requirements in case of future changes. Applicants must meet:
Individuals who obtained their initial DACA status prior to July 16, 2021, are still recognized in terms of their current grants and related employment documents.
Age Requirements
1. Collect Supporting Documents
To support your application for DACA renewal, gather documents that prove you meet each eligibility requirement.
Examples of Required Documents:
2. Fill Out the Required Forms
Applicants must fill out:
Note: Make sure to use the latest versions of these forms from the USCIS website, as older forms will be rejected.
3. Pay the Required Fee
DACA applications require a non-refundable filing fee of $85. There is no fee waiver for DACA but fee exemptions are available in limited cases for those who can’t afford the fee. I-765 filing fee if filing by paper is $520, and $470 if filing online.
Fee Exemptions: Limited Availability
USCIS offers fee exemptions for DACA applicants in extreme financial hardship. To be eligible, you must show one of:
Documentation for Fee Exemptions:
Using a USCIS Online Account for DACA Applications
USCIS has an online account system for applicants to manage their DACA cases.
Benefits of a USCIS Online Account:
For legal representatives, having a USCIS account allows you to manage multiple clients’ cases, making it easier to track DACA cases.
Travel for DACA Recipients
DACA recipients should be aware that some travel restrictions will impact their continuous residence.
Criminal Convictions that Affect DACA Eligibility
Some convictions will disqualify you from DACA. These include:
Protect yourself from Immigration Scams
USCIS warns applicants to beware of scams and get information only from official sources. Unauthorized individuals will promise faster service for a fee but they can’t expedite the process.
DACA Fraud
Applicants should be aware of the serious consequences for lying on DACA applications.
To keep your DACA and Employment Authorization Document (EAD) benefits, you need to renew before your current DACA and EAD expires. Renewing too close to the expiration date can result in your EAD expiring and you may not be able to work legally and could start accruing “unlawful presence” which can impact future adjustments to a lawful immigration status.
USCIS Recommended Renewal Timeline
Apply 120-150 Days Before Expiration
USCIS advises DACA recipients to submit their renewal applications 120-150 days before their current DACA and EAD expiration date. This is called the “application window”. Applying within this window will avoid gaps in protection and work authorization. The DACA Renewal Calculator at the end of this guide will help you find this 120-150 day application window
Get Ready for Your Renewal
DACA Renewal Calculator
Using this guide and calculator will help you avoid delays and stay protected under DACA. Always recommended to consult with a legal expert for specific situations.
Renewal is still important to stay under DACA. Here’s what to consider:
Advance parole allows DACA recipients to travel abroad for:
Travel Risks: Although advance parole is still available, legal uncertainty is a risk. If DACA is terminated while you’re abroad, re-entry could be complicated. Always consult with a legal expert before traveling.
Potential for adjustment of status through marriage to US Citizen: Re-entry to the U.S. on advance parole, will cure the prior “entry without inspection,” thus making the DACA recipient eligible for adjustment of status through marriage to a U.S. citizen.
Since DACA is temporary, it’s important to explore other immigration options. DACA recipients should get screened regularly as life changes may open up new paths. Some options include family-based petitions, employment-based visas, U visas and more.
A. Family-Based Petitions
Family-based petitions allow certain family members to sponsor DACA recipients for permanent residency:
For some, family-based petitions may allow adjustment of status in the U.S. so you don’t need to go through consular processing abroad which can be risky.
B. Employment-Based Immigration
DACA recipients may also be eligible for employment-based visas, especially those with specialized skills or education:
DACA recipients should consult with an immigration attorney who specializes in employment visas to see if you qualify as this path requires a well-prepared application and often a long wait.
C. U Visa for Crime Victims
The U visa is an option for DACA recipients who have been victims of certain crimes and have cooperated with law enforcement:
This visa also offers a path to LPR status after 3 years, so it’s a long-term solution for those who qualify.
D. Travel on Advance Parole for Adjustment of Status
Advance parole can be important for DACA recipients who are pursuing family-based petitions especially if they entered the U.S. without inspection:
However, travel on advance parole is not a guarantee of re-entry and may be risky so consult a lawyer.
(i) Adjustment Eligibility
Under the Immigration and Nationality Act (INA) § 245(i), some individuals can adjust status in the U.S. even if they entered without inspection or worked without authorization. Key points:
This is great for older DACA recipients or those whose parents had petitions filed before 2001.
Employment-Based Adjustment with Current Employer
Some DACA recipients may be eligible for an employment-based adjustment due to their professional qualifications and work history:
Given the complexity of employment-based visas, recipients should consult with specialized immigration lawyers to navigate these options.
Plan for Uncertainty
Since DACA is in legal limbo, recipients should explore all possible immigration options. Here’s what to do:
Advance Parole is a permit that allows DACA recipients to travel outside the U.S. and re-enter lawfully. But there are rules and procedures to follow. Below we explain how to apply, eligibility, required documents and tips for safe travel.
Before You Travel
Advance Parole is a travel document issued by USCIS that allows DACA recipients to leave and re-enter the U.S. legally. It’s usually for:
Filing Fee: $630
Benefits
Limits
DACA recipients can apply for Advance Parole if:
How to Apply for Advance Parole
Step 1: Check Eligibility and Purpose of Travel
Before applying for Advance Parole, consult with an immigration attorney to confirm your eligibility. Certain factors like removal orders or unlawful presence may bar your re-entry to the U.S.
Common Questions on Eligibility
Purpose of Travel
Basic Eligibility Questions: Answering “No” to any of the following means you are not eligible for Advance Parole now.
Further Questions
If you answer “Yes” to any of the following, consult an immigration attorney before applying for Advance Parole.
Step 2: Fill out Form I-131, “Application for Travel Document”
Step 3: Gather Supporting Documents
Provide proof of why you need to travel. Examples:
Step 4: Assemble the Application Package
Package contents should include:
Supporting Documents
Tip: Make two copies of your application. Keep one with you during travel and leave one with a trusted contact in the U.S. Completed I-131 application
Step 5: Submit
Step 6: USCIS Resources
Step 7: Travel Preparation
Documents to Carry
Step 8: Re-entering the U.S. with Advance Parole
When you get back, you will go through inspection at the port of entry and CBP may ask you questions about your trip. Stay calm and have all your documents ready.
Emergency Advance Parole Requests
For emergency situations, you may be able to request expedited processing of Advance Parole. But the reason must be serious, like a medical emergency or family emergency. Always check with USCIS for current instructions on emergency requests.
Traveling on Advance Parole Risks
Traveling abroad with Advance Parole has risks, including being denied re-entry. Travel history may also impact future immigration options so consult with an immigration attorney to consider these risks.
More Resources
General Advance Parole Question
Eligibility and Application Process
Traveling with Advance Parole
Risks and Consequences
Uncommon Questions or Situations
After Approved Advance Parole
Advance Parole allows DACA recipients to travel but you must follow all the rules and understand the risks. With proper planning and documentation, you can make the immigration process much easier and minimize travel risks. Always consult an immigration attorney.
The “Parole in Place” (PIP) program allows family members of U.S. military members and veterans to potentially adjust their status and become lawful permanent residents (green card holders) even if they entered the U.S. illegally. PIP is not a separate immigration status but a tool to help non-citizen family members become permanent residents without having to leave the U.S.
PIP is a temporary permission to be in the U.S. (usually in one-year increments) and allows eligible individuals to apply for a work permit. This is a benefit for non-citizen family members of U.S. military members to get lawful status and potentially apply for a green card even if they entered the U.S. illegally.
With PIP, eligible applicants can adjust status without leaving the country and re-entry issues.
You may be eligible if:
Note: PIP is discretionary, approval is not guaranteed. USCIS will grant it only if they think it serves a public benefit, like military family unity. Individuals with criminal convictions or other serious issues may not be eligible.
To apply for PIP, gather and submit the following documents to U.S. Citizenship and Immigration Services (USCIS):
Form I-131, Application for Travel Document
Proof of Relationship to Military Member
Evidence of Military Service
Two passport-style photos of the applicant.
Additional Supporting Evidence
Note: There is no fee for PIP. Submit your application to the USCIS field office serving your area, some offices may have additional requirements (e.g. a written statement explaining how you entered the U.S. or proof of an I-130 petition).
After submission, USCIS may schedule an interview, which is usually short but can be longer if more information is needed.
You’ll receive an I-94 card as proof of PIP status. This card is good for one year and should be kept safe as it allows you to:
Family Members Eligible for a U.S. Green Card
Under U.S. immigration law, only certain family members of U.S. citizens are eligible for a green card as “immediate relatives”:
Immediate relatives have priority for green cards without long waiting lines and PIP allows them to adjust status in the U.S.
How to File for Adjustment of Status
Once PIP is approved you can:
Consult an attorney for guidance on filing a family-based green card application as the process can be tricky.
Important Notes
PIP applications have a high denial rate and success depends on the strength of your case. It’s recommended to get legal help especially if you have other issues (e.g. criminal history) that can affect your adjustment to permanent residence. An immigration attorney can also help you with local requirements and USCIS office
The Deferred Action for Childhood Arrivals (DACA) program, which gives deportation protection and work authorization to over 500,000 undocumented individuals brought to the U.S. as children, is under attack in the courts.
Despite changes in the policy and ongoing processing of renewal requests, initial DACA requests are currently prohibited as dictated by a federal court ruling.
On September 13, 2023 a federal judge ruled the revised DACA policy is unlawful, just like previous court rulings. This adds to the uncertainty around DACA’s future as the decision has been appealed to the U.S. Fifth Circuit Court
1. Population: Who are the Dreamers?
2. Age: A Young Population
3. Origins and U.S. Arrival: Diverse Backgrounds, Deep Roots
4. Education: Many Dreamers are in School
5. Workforce: Filling Gaps in High-Demand Sectors
6. Economic Impact: Growing the U.S. Economy
7. Family Ties: Supporting U.S. Citizen Families
Why the Dream Act Matters
The Dream Act of 2023 will provide a pathway to citizenship for Dreamers, ending years of uncertainty and allowing them to fully contribute to American society. With their youth, education, work skills and deep family ties, Dreamers are uniquely positioned to strengthen the U.S. workforce and economy.
Passing this legislation would not only recognize their contributions but also secure a better future for American families and communities. Only by giving them a path to citizenship can Congress ensure Dreamers can continue to build their lives in the country they call home.
Since 2012, the Deferred Action for Childhood Arrivals (DACA) program has given protection from deportation and work authorization to young undocumented immigrants, allowing them to build lives, families and careers in the U.S. Despite its success, DACA is under legal threat. If it ends or renewals stop, the impact will be catastrophic for recipients, their families and the U.S. workforce and economy.
If DACA Ends
1. Job Losses: Thousands Each Week
Estimated Monthly Job Losses by Sector
Total Jobs Lost Monthly: 18,600
2. Economic Impact: State by State
3. Shrinking DACA Population: A Generation Without Opportunity
1. Family Separation: 1,000 U.S. Citizens Daily
Monthly Numbers of U.S. Citizen Family Members Affected
2. The Human and Financial Cost to Family
DACA has been a lifeline for hundreds of thousands of young immigrants who have made the U.S. their home, contributing to the economy and their communities. With the program under attack like never before, only Congress can provide a permanent solution to protect Dreamers and prevent the disaster of ending DACA.
Why a Permanent Solution Matters
The Deferred Action for Childhood Arrivals (DACA) program has allowed undocumented youth to build lives in the U.S., many now working, in college and raising families. As DACA turns 12, the program is under legal attack and recipients and their families are in crisis. Here’s the situation.
DACA’s History and Purpose
2024 vs. 2012
Personal Story: Reyna Montoya
Reyna Montoya, one of the first DACA recipients, went from student to teacher and community leader. DACA allowed her to graduate from college and make a difference in her community. Like many other Dreamers, she now advocates for a safer future and urges Congress to act.
A New Profile: DACA Recipients Today
Today’s DACA population looks different from the program’s early years:
DACA Population Characteristics
DAC was supposed to be temporary but congressional inaction has left recipients in limbo:
Congress Must Act Now
“DACA policy has given young undocumented immigrants a chance to build lives in the U.S. but without a permanent solution their future is uncertain. Congress can:
Now is the Time
President Obama’s original DACA statement said it was temporary and that Congress needed to act. Twelve years later, the call to act is still urgent. With legal threats looming, Congress must pass a pathway to citizenship to give DACA recipients, their families and their communities stability and certainty.
Since its introduction over 20 years ago the Development, Relief, and Education for Alien Minors (DREAM) Act has been at the center of U.S. immigration reform. Designed to provide a pathway to legal status for undocumented immigrants who came to the U.S. as minors, often called Dreamers, the Dream Act continues to be a topic of political debate and hope for millions who want to fully participate in American society. This article will look at the history, main provisions, potential effects and current status of the Dream Act.
History
The idea of the Dream Act was born out of the need to address the special challenges faced by undocumented immigrants brought to the U.S. as children. These young people, many of whom were raised in American communities and educated in American schools, find themselves in a legal limbo. They are American in culture yet undocumented in status, with limited access to work, education and financial aid because of their immigration status.
In 2001 Senators Dick Durbin (D-IL) and Orrin Hatch (R-UT) introduced the first version of the Dream Act to provide conditional residency to young undocumented immigrants and a pathway to permanent residency if they met certain educational or military service requirements. Since then various versions of the Dream Act have been introduced in Congress but despite broad public support the Act has not been passed into law. However it paved the way for other initiatives including Deferred Action for Childhood Arrivals (DACA) which temporarily protects eligible Dreamers from deportation.
Main Provisions of the Dream Act
While different versions of the Dream Act have been introduced, most have had the same core criteria and goals. Main provisions of the Dream Act include:
Economic and Social Effects
The Dream Act has big implications for Dreamers and the U.S. as a whole. Advocates say passing the Dream Act would bring significant economic benefits, support the American workforce and uphold American values of fairness and opportunity. Here are some of the main effects:
The Dream Act and Related Policies Today
Although the Dream Act has had bipartisan support for years it has faced political hurdles and has not passed. Each Congress brings new versions of the Act, some focusing on education and others on family members of Dreamers. Despite wide public support the political gridlock has stalled progress.
In 2012 the Obama administration introduced the Deferred Action for Childhood Arrivals (DACA) program. DACA provides temporary relief from deportation and work authorization for eligible Dreamers and allows them to renew every two years. While it’s temporary relief it’s not a permanent solution. Legal challenges and changes in administration policies have put the program in jeopardy and left DACA recipients in limbo.
In 2021 the American Dream and Promise Act passed the House of Representatives which included the Dream Act. But it did not move in the Senate. President Biden has said he supports comprehensive immigration reform including the Dream Act but the Act’s fate is up to bipartisan cooperation in Congress.
For and Against the Dream Act
For
Against
The Dream Act is a symbol and a solution to a problem affecting millions of young people in the U.S. While the road to passage is uncertain the debate around the Dream Act shows we need a compassionate and forward thinking approach to immigration reform.
For Dreamers passing the Act would mean more than status it would mean the opportunity to fully be themselves, enrich American society and build a secure and stable future. As the country figures out its immigration policy the Dream Act is a reminder of the values of resilience, opportunity and the American dream.
General DACA Program Questions
DACA Litigation and Status
DACA and Health Care
DACA and Advance Parole (Travel Authorization)
DACA and H-1B Visas
DACA and Adjustment of Status (Green Card Pathways)
Employment and Work Authorization
Educational Opportunities
Family Sponsorships and DACA
DACA Renewal Process
DACA in the Courts
DACA’s future is more uncertain than ever. As the Fifth Circuit Court of Appeals hears the case, a final decision from the Supreme Court could end the program for good, with huge implications for over 500,000 recipients, their families and communities. The Biden administration’s recent actions give temporary relief but no legislative solution leaves DACA recipients in limbo.
For over a decade, DACA has kept families together, supported the U.S. workforce and allowed young immigrants to build their lives in the only country they know as home. As the courts decide the program’s fate, the need for Congress to pass a permanent fix grows. Protecting Dreamers and a pathway to citizenship is crucial for the stability and prosperity of American communities and the economy.
Judge Hanen’s ruling against DACA makes clear the ongoing legal and political fight around the program and the need for legislative reform. As the Biden administration appeals, DACA’s future is uncertain and we’re looking to Congress and the Supreme Court for a solution. In the meantime, Dreamers and their allies will keep pushing for a safe and permanent path to citizenship.
We’ll see if the Court of Appeals or Supreme Court decides DACA’s fate but legislative reform is still needed.
24/7 Support, Just A Call Away!
President-elect Donald Trump has doubled down on one of his most outrageous campaign promises: deporting 15 million people, including some who are already naturalized U.S. citizens. While it may be virtually impossible to implement Trump’s grandiose ambitions due to the logistical and financial challenges of deporting millions, his administration will still devastate countless lives, including those who thought their citizenship was forever. This broadening of denaturalization efforts challenges the traditional understanding of citizenship’s permanence, raising concerns about the security of naturalized citizens and the extreme consequences for individuals and families who may suddenly face loss of citizenship and deportation.
Among the tools at their disposal is the obscure judicial process of denaturalization—revoking citizenship granted to immigrants—making naturalized Americans deportable. Historically, this process has been used sparingly, primarily in extreme cases involving national security threats or egregious fraud. One notable example is a denaturalization effort called Operation Second Look, launched under the Trump administration to investigate and potentially revoke citizenship from those suspected of obtaining it through fraud or misrepresentation.
Becoming a naturalized U.S. citizen is supposed to mean you get all the rights and protections of citizenship. But the Department of Justice (DOJ) can take that away if they can prove fraud or misrepresentation during the naturalization process. Historically, it was used sparingly and only in extreme cases, like targeting accused terrorists and individuals convicted of serious crimes such as terrorism, war crimes, or human rights violations—distinct from cases involving minor errors or bureaucratic issues.
Under the first Trump administration, this rarely used power is getting new attention, and what does it mean to be “truly American” and naturalized citizens are getting nervous.
This is a big expansion of immigration enforcement and has huge implications for immigrant communities and the entire legal system.
Most naturalized citizens will not be affected by Trump’s renewed efforts to denaturalize. However, critics warn that aggressive denaturalization policies create a chilling effect on naturalized citizens and may violate due process, leaving many feeling insecure about their status.
But those who naturalized by providing false material information (like not disclosing criminal history or obtaining citizenship under false identity) will be at greater risk.
An accused defendant in a denaturalization case is someone who has been formally charged with fraud or misrepresentation during the naturalization process.
Denaturalization is the legal process of taking away an individual’s U.S. citizenship. Established in 1906, this process allows the government to revoke citizenship if it was obtained by fraud, misrepresentation, intentional omission, fraudulent omissions, or material omission that would have precluded naturalization.
This process allows authorities to strip citizenship from individuals who:
Denaturalization requires the government to prove an individual obtained citizenship by fraud or misrepresentation. Specifically:
Until the first Trump administration, naturalization was rare and historically targeted serious offenders like war crimes or terrorism.
But someone like Elon Musk, whom many have speculated about his immigration journey, including allegations of working illegally on a student visa, could theoretically be at risk of denaturalization if he illegally worked in the U.S. while on an F-1 student visa, if he intentionally lied about that work, and if that unlawful employment would have made him ineligible for his green card and therefore citizenship.
While denaturalization cases are few, the denaturalization efforts may be part of a broader strategy to scare immigrant communities and deter naturalization. Critics have also argued that the Trump administration’s aggressive denaturalization policies could be used as a tool for political intimidation against opponents.
There is also a risk that an overzealous investigation could result in innocent citizens being wrongly targeted for denaturalization.
Experts say a second Trump administration will double down on policies to reduce both legal and illegal immigration.
Trump investigators are expected to play a key role in identifying and pursuing denaturalization cases.
Federal authorities review visa and citizenship applications for inconsistencies, inaccuracies, or omissions. Investigations often focus on purported fraud in naturalization applications, where suspicions or allegations may arise even if not all discrepancies indicate actual fraud.
“Material” misstatements—those that if known would have prevented the applicant from becoming a citizen—are grounds for denaturalization.
Denaturalization cases are filed in federal court where the government must prove its claims. Unlike criminal cases, defendants do not have the right to appointed counsel, raising concerns among legal experts about the lack of due process protections in these civil matters.
It is important to note that not every discrepancy in an application is evidence of fraud or grounds for denaturalization. Minor errors or inconsistencies can occur without malicious intent.
If successful, citizenship is revoked and the individual reverts to their prior immigration status. In most cases, this makes them deportable, and a deportation order may be issued if the individual has no other legal status after denaturalization.
Under Trump’s plan, naturalized citizens are not exempt from the administration’s broader deportation plans. Trump administration officials, particularly Stephen Miller, have been saying they will use denaturalization to expand enforcement beyond undocumented immigrants, idealizing past immigration policies from the 1920s to emphasize a cultural element in defining true membership in America.
The administration is particularly focused on immigrants suspected of fraud or misrepresentation, targeting those whose citizenship status may be questioned due to concerns about the legitimacy of their naturalization process.
There are now hundreds of active denaturalization cases under review, reflecting the scale of current government investigations.
Stephen Miller, the architect of Trump’s immigration policies, has called for a “supercharged” denaturalization process. He says every inconsistency, no matter how small or unintentional, should be scrutinized to see if citizenship was granted improperly. Miller’s obsessive denaturalization campaign was a targeted effort to revoke the naturalized citizenship of certain immigrants, especially those suspected of fraud or misrepresentation, shaping stricter immigration policies and increasing the risk of deportation for many. His phrase “America is for Americans only” is a deeply exclusionary approach to immigration. Critics argue that denaturalization actions can be politicized, potentially using citizenship revocation as a tool against political opponents.
The effects of denaturalization go far beyond the individual who loses citizenship. The ripples impact families, communities and the very fabric of U.S. immigration policy.
Invalidating naturalization can have far-reaching effects on individuals and their families, often resulting in loss of rights, separation, and long-term uncertainty.
Even if you successfully defend your citizenship or even successfully defeat a denaturalization case, the process causes lasting harm:
As journalist Masha Gessen has written, a mass denaturalization campaign will create a system where immigrants live under constant suspicion, undermining trust in the U.S. immigration process and the American dream.
In June 2025, the Department of Justice secured the revocation of U.S. citizenship from a Louisiana man known as Duke, a convicted distributor of child sexual abuse material. This was a successful denaturalization case under the Trump administration. Prosecutors alleged that Duke fraudulently obtained naturalization by concealing his preexisting criminal behavior during the application process.
The federal court order, entered on June 13, 2025, marked one of the first successful denaturalizations under the Trump administration’s expanded policy (see DOJ press release). The case underscores DOJ’s focus on sex crimes as a priority category in the 2025 Civil Division memo.
In July 2025, the Ninth Circuit Court of Appeals upheld the denaturalization of a former Bosnian soldier who concealed his role in wartime atrocities during his immigration process.
Similar cases have involved situations where a Palestinian guerrilla gained U.S. citizenship by concealing their militant background, illustrating the types of individuals targeted in denaturalization efforts.
The DOJ alleged the individual misrepresented his past participation in human rights abuses, including attacks on civilians, when applying for refugee status and later for U.S. citizenship.
On appeal, the court affirmed the revocation, concluding that the omissions were material and intentional (see DOJ appellate ruling announcement).
This ruling reinforced DOJ’s authority to target war crimes and genocide cases under its expanded 2025 enforcement priorities.
In late 2025, DOJ filed a civil denaturalization complaint against Moio Bartolini, alleging that he lied under oath during his naturalization interview and was never lawfully admitted as a permanent resident.
According to the filing, Bartolini provided false testimony and concealed material facts, rendering his citizenship “illegally procured” (see DOJ filing summary).
This case demonstrates the administration’s willingness to pursue interview-based misrepresentation cases, even without accompanying criminal charges.
The DOJ also filed multiple denaturalization complaints in Florida, Connecticut, and New Jersey against individuals accused of using false identities and concealing prior deportation orders when applying for citizenship.
In these cases, prosecutors allege that defendants assumed alternate names to bypass removal records and then naturalized under fraudulent identities.
These coordinated actions show DOJ’s renewed emphasis on fraud-based revocations and use of cross-state enforcement to expand case volume (see policy tracker overview).
Deportation hardliners within the administration have prioritized pursuing these types of cases.
All four cases reflect the “priority categories” established by the June 2025 DOJ memo, including sex offenses, fraud and misrepresentation, and human rights violations.
The Duke case is widely cited as the first major test of the policy, while the Bosnian case illustrates judicial deference to revocations involving grave international crimes. Legal observers note that courts remain skeptical of minor or procedural denaturalization efforts, upholding only material, proven frauds (see Washington Post analysis).
This marks a new denaturalization effort, with expanded priorities and a renewed focus on aggressively pursuing cases under the current administration.
Attorney Richard Herman: “Recent DOJ actions — including United States v. Duke, United States v. Bartolini, and a Bosnian war crimes case — reveal Trump’s 2025 strategy to expand denaturalization in categories like sex offenses, fraud, and human rights abuses. Courts have upheld revocations only when material fraud is proven.”
Reality:
The President cannot unilaterally revoke citizenship. Denaturalization is strictly governed by federal law (8 U.S.C. § 1451) and must go through federal court proceedings.
Even in denaturalization cases, the government must prove fraud or material misrepresentation with clear, convincing, and unequivocal evidence.
Courts have consistently ruled — including in Afroyim v. Rusk and Maslenjak v. United States — that citizenship cannot be taken away lightly or for political reasons.
Reality:
The 2025 Executive Order 14160 sought to redefine birthright citizenship, but it cannot retroactively revoke citizenship already granted under the 14th Amendment.
The order’s implementation is being challenged in court, and federal judges have blocked its application pending review.
Existing U.S. citizens — whether born here or naturalized — remain protected under the Constitution.
Reality:
Despite the June 2025 DOJ memo calling denaturalization a “top priority,” large-scale revocations are not legally or logistically possible.
Each case requires individual proof, judicial review, and due process.
Historically, fewer than a dozen denaturalization judgments occurred annually; even with expanded enforcement, most experts expect only a modest increase.
Civil liberties groups note the policy’s deterrent symbolism, not mass revocation capability.
Reality:
Under the Supreme Court’s Maslenjak decision, only material misrepresentations — those that would have changed the outcome of naturalization — can lead to denaturalization.
Minor errors, omissions, or misunderstandings do not qualify.
The government must prove that an intentional deception occurred and that citizenship would have been denied had the truth been known.
Reality:
Natural-born citizens (those born on U.S. soil) cannot be denaturalized because they were never “naturalized.” This distinction ensures that denaturalization does not apply to native-born citizens, who are protected under the 14th Amendment.
They are protected under the 14th Amendment, and no executive or congressional act can revoke that status without violating constitutional law.
Any attempt to do so would face immediate and certain invalidation by the courts.
Reality:
It is a civil proceeding, not a criminal one.
That means no jail sentence, but also no automatic right to a court-appointed attorney.
The government must file suit in federal court, and the individual can contest the allegations, appeal rulings, and raise constitutional defenses.
Reality:
While the DOJ memo lists national security and war crimes among top categories, it also includes broad and vague categories like “fraud,” “misrepresentation,” and “other important cases.”
That flexibility could open doors for selective or politically motivated enforcement.
Civil rights groups warn the categories are so wide they could capture ordinary citizens, not just extreme cases.
Reality:
Yes — citizenship revocation restores prior immigration status.
A denaturalized individual reverts to their last lawful permanent resident (LPR) or nonimmigrant status.
If that status no longer exists or was obtained fraudulently, the individual may become removable (deportable).
However, each outcome depends on case-specific facts and can be contested in immigration court.
Reality:
While the DHS and DOJ have experimented with AI-based screening, algorithms cannot replace legal proof.
Every denaturalization case must still go through a court process and meet evidentiary standards.
AI tools may flag anomalies, but false positives or biased data would not satisfy constitutional due process.
Reality:
Political speech is constitutionally protected, even for naturalized citizens.
There is no lawful basis for denaturalizing someone over speech, protest, or dissent.
However, civil liberties advocates worry about chilling effects — that broad discretionary powers could intimidate immigrant voices or lead to selective targeting. Legal watchdogs are monitoring enforcement to ensure First Amendment protections are upheld.
Reality:
No. A denaturalization case begins with a formal complaint in federal court, and the citizen must be served, allowed to respond, and present evidence.
Judges, not agencies, issue denaturalization orders.
The process can take months or years, and every decision is appealable.
Reality:
As of late 2025, no new statute has been enacted expanding grounds for denaturalization.
Only Congress can change those laws — not the President or DOJ.
All existing cases still rely on 8 U.S.C. § 1451(a), which limits denaturalization to fraud, misrepresentation, or concealment in obtaining citizenship.
Any broader attempt would require legislation and judicial approval.
Reality:
Not necessarily. The DOJ memo allows retroactive review of any naturalization record, no matter how old.
That means even citizens naturalized decades ago could, in theory, be investigated — though practical and legal limits (such as stale evidence and fairness doctrines) make that rare.
Legal scholars emphasize that longtime citizens remain highly protected under precedent.
Reality:
Denaturalized individuals retain the right to appeal to federal appellate courts.
They can challenge the decision on evidence, procedure, or constitutional grounds.
Many cases are overturned because of government errors, lack of materiality, or due process violations.
Legal advocacy organizations often step in to provide representation and media visibility.
Reality:
Denaturalization has been used before — during the World War II and Cold War eras — but never on a systemic scale.
Trump’s second term marks the most visible effort since 1945 to formalize and prioritize citizenship revocation as an enforcement tool.
However, constitutional limits remain unchanged — meaning mass revocations are still legally improbable.
Reality:
Congress holds oversight and funding power, and federal courts hold final review authority.
Judges can block, delay, or strike down unconstitutional policies.
If the administration overreaches, courts can issue injunctions, as they did against EO 14160 on birthright citizenship.
Checks and balances remain fully operative.
Reality:
The plan’s rhetoric is broad, but the legal reality is narrow.
Only those who lied or concealed material facts during naturalization are legally vulnerable.
Still, critics argue that vague language about “protecting citizenship integrity” can stoke fear and confusion among immigrant communities.
Reality:
Not always. Some denaturalized individuals may still have valid underlying visas or LPR status.
Others may qualify for asylum, withholding of removal, or relief under CAT.
Each case must be individually adjudicated in immigration court.
Reality:
Not per se — the Supreme Court has upheld denaturalization if based on proven fraud or material misrepresentation.
However, selective, arbitrary, or politically motivated denaturalization would violate equal protection and due process.
Courts scrutinize these cases heavily to prevent abuse.
Reality:
Citizens can:
Richard Herman, Immigration Attorney: “Trump’s 2025 denaturalization agenda cannot override constitutional protections. Only courts can revoke citizenship — and only when the government proves fraud or material misrepresentation beyond doubt.”
Denaturalization raises the question: what does it mean to be American and is citizenship really permanent?
Citizenship has always been seen as a barrier to deportation and a sign of full membership in American society. This effort blows that firewall apart.
The Trump administration’s rhetoric ties Americanness to culture or race, just like the restrictive immigration policies of the early 20th century. Critics say this undermines the idea of America as a nation of immigrants.
Masha Gessen, a journalist and critic, says the denaturalization task force is telling naturalized citizens they are “second class citizens” living under a cloud of conditional acceptance.
Denaturalization has a long and uneven history in the United States. Historically, serving in foreign armed forces has been grounds for denaturalization, reflecting concerns about loyalty and national security. Understanding its past helps us understand the current threat to naturalized citizens.
Post 1967 Restrictions
21st Century: New Focus
Trump’s First Term: Operation Second Look
Biden Administration’s Response
On February 2, 2021 President Joe Biden signed an executive order to review and potentially reverse denaturalization. The order directed the attorney general and secretaries of state and homeland security to:
Advocacy and Reform
During Trump’s first term denaturalization efforts expanded big time with resources shifted to review old naturalization cases for fraud. This included high profile initiatives like Operation Janus and Operation Second Look to find cases where individuals may have hidden information during the naturalization process.
At this time, Trump investigators appeared primed to expand denaturalization efforts through new task forces.
In June 2018 USCIS Director L. Francis Cissna announced the creation of a denaturalization task force to investigate naturalized citizens. This was an expansion of Operation Janus, a long running program to target individuals who obtained citizenship fraudulently.
Trump’s first administration diverted resources from new immigration applications to old cases:
One example of denaturalization under the Trump administration is Norma Borgono, a 63 year old Peruvian grandmother living in Miami. She became a U.S. citizen in 2007 but was later implicated in a mail fraud scheme through her work. Although she cooperated with authorities and did house arrest, the DOJ said she failed to disclose the criminal activity during the naturalization process. That omission, according to the government, was fraud and made her citizenship invalid.
This case shows how far the administration is willing to go, focusing on past crimes or omissions even if they weren’t intentional or material to the naturalization process.
Previous administrations focused on national security and human rights cases. Trump’s administration expanded denaturalization to include crimes that occurred before naturalization but weren’t disclosed during the application process. This has a chilling effect on naturalized citizens.
Immigrant advocacy groups, including the ACLU, said the increased scrutiny would deter eligible green card holders from applying for citizenship, fearing retroactive investigations.
While the number of denaturalization cases is small, the human impact is big:
The Denaturalization Section was one of several controversial initiatives under the Trump administration’s broader anti-immigration agenda which included:
Denaturalization fit into this pattern by targeting naturalized citizens, a group previously considered secure in their immigration status.
In addition to denaturalization, Trump has promised to end birthright citizenship, a constitutional right under the 14th Amendment. This would undermine the legal foundation of citizenship for children born in the U.S., further destabilizing immigrant families.
Consequences
Denaturalization is just one piece of the Trump administration’s overall plan to reduce immigration. Other likely actions:
A smaller labor force could worsen existing shortages in healthcare, agriculture and construction
Denaturalization itself will not have a big demographic impact, but broader legal immigration restrictions will harm the economy by reducing labor force growth and slowing GDP.
Economic Impact
“Limiting both legal and undocumented immigration will slow overall economic growth and disrupt sectors that rely on immigrant labor.” – Robert Lynch, economics professor at Washington College
“Denaturalization not only affects individuals, but also raises significant legal and economic concerns for the broader community,” notes Steven Lubet, Williams Memorial Professor Emeritus at Northwestern University Pritzker School of Law.
Fighting denaturalization is hard. The system is stacked against you. The government has the upper hand.
Unlike criminal cases, denaturalization cases do not provide legal representation. Many defendants, unaware of the legal process, can’t mount a proper defense and will lose their citizenship.
While the government must prove fraud, the complexity of immigration law leaves individuals vulnerable to accusations based on minor errors or omissions.
Legal fees to defend against denaturalization can be tens of thousands of dollars, out of reach for many.
The Supreme Court in 2017 in Maslenjak v. United States ruled that only lies or omissions that would have prevented naturalization at the time can justify denaturalization. This limits the government’s ability to strip immigrants of citizenship for minor mistakes. The Supreme Court limited the government’s ability to revoke citizenship by requiring proof of material fraud for denaturalization. Courts can be a check on overreach if they follow this standard.
Denaturalization, the process of revoking U.S. citizenship from naturalized citizens, has been rare. Between 1990 and 2017 an average of 11 cases were pursued annually. But under Trump, that number has skyrocketed with a big increase in government resources and the creation of new offices and initiatives. This guide explains the denaturalization process, the legal basis, recent developments and the implications for immigrants and the immigration system.
Denaturalization is the legal process of revoking a naturalized U.S. citizen’s citizenship. This can happen if the government proves the individual was not eligible for naturalization at the time it was granted or obtained citizenship through fraud or misrepresentation.
Denaturalization is governed by specific sections of U.S. law that outline when citizenship can be revoked:
Denaturalization—the revocation of U.S. citizenship—can be pursued in civil cases if the government proves the individual was not eligible for naturalization at the time it was granted. This page explains the legal grounds for civil denaturalization, the process and the key factors that can lead to citizenship revocation.
A. Illegal Procurement or Concealment and Willful Misrepresentation
A naturalized citizen can be denaturalized if:
These two often overlap as misrepresentation is often tied to illegally procured and invalid naturalization applications.
Example:
Joe immigrated as an unmarried child of a lawful permanent resident. But he was married before immigrating and didn’t disclose it. Since his marriage made him ineligible for his green card, Joe’s naturalization can be revoked.
B. Continuous Residence
Example:
An applicant lists their estranged spouse’s address as their own during the three-year marital period required for naturalization. If found out, this misrepresentation can be a ground for denaturalization.
C. Physical Presence
Example:
Lupe traveled to Mexico frequently but didn’t list absences that exceeded the allowed time. When these omissions were found out, her case was referred for denaturalization.
Example:
An individual committed a crime before obtaining naturalization, but wasn’t arrested until after becoming a citizen. Their failure to disclose this crime during the application process can lead to denaturalization.
E. Attachment to Constitutional Principles and Good Order
Example:
A naturalized citizen joins an organization hostile to the U.S. Constitution within five years of becoming a citizen. Unless there’s countervailing evidence, they can be denaturalized.
Legal Protections
Impacts on Immigrant Communities
Denaturalization, the process of revoking U.S. citizenship, has many legal grounds and processes. This guide covers concealment, willful misrepresentation, military service, Cold War-era provisions, and the denaturalization process, including defenses and court cases.
Grounds for Revocation
Naturalization can be revoked if:
The Supreme Court in U.S. v. Kungys said:
Four Requirements
To revoke citizenship for concealment or misrepresentation the government must:
Court Precedent: If a question during the naturalization process was ambiguous and the applicant’s answer was reasonable, it can’t be fraud or concealment.
Under INA § 329(a), non-citizens can naturalize through military service during wartime. But citizenship can be revoked if:
Constitutional Questions
Naturalization can be revoked if, within 10 years of naturalization, an individual:
This provision assumes the individual concealed material facts at the time of naturalization or didn’t have attachment to the Constitution. Though a relic of the Cold War, this provision is still on the books.
Constitutional Concerns
Step-by-Step Guide
Statutory Basis
18 U.S.C. § 1425 requires courts to revoke citizenship when an individual is convicted of:
Burden of Proof
Materiality Standard
A. Eligibility for Citizenship
B. Factual Challenges
C. Procedural Errors
Chilling Effect
Denaturalization could discourage eligible immigrants from applying for citizenship, fearing retroactive review of their applications.
Due Process
1. Causative Connection
The government must prove that the misrepresentation or concealment either:
Example: In Maslenjak v. United States, the Supreme Court held that the misrepresentation must have caused the individual to acquire citizenship. The Court said:
2. Burden of Proof
Important Cases
Rejected Defenses
1. Eligibility
2. Ambiguous Questions
3. Truthful Despite Misinterpretation
1. High Burden of Proof
2. Statute of Limitations
3. Procedural Errors
Equal Protection Claims
Important Cases
1. Consequences of Misrepresentation
2. Chilling Effect
3. Long-Term Consequences
This guide covers denaturalization, including limits of judicial discretion, administrative denaturalization, consequences of losing citizenship and derivatives such as children and spouses.
Courts Cannot Exercise Discretion to Refuse Denaturalization
Government Negligence Is Not a Defense
Limited Administrative Authority
Important Case: Xia v. Tillerson
Relation-Back Doctrine
Criminal Consequences
Derivatives Defined
Rules
Examples of Derivative Outcomes
Grounds for Revocation
|
Grounds for Revocation |
Living in the U.S.? |
Living Outside the U.S.? |
| Illegal Procurement | No loss of status | No loss of status |
| Concealment or Misrepresentation | Citizenship revoked | Citizenship revoked |
| Other Grounds (Military/Subversive Acts) | Retains citizenship | Citizenship revoked |
Protecting Citizenship
Impact on Family Members
Administrative Errors
The case of United States v. Abdulrahman Farhane is an important case related to denaturalization issue. This article breaks down the key events and implications of this big legal battle that affects naturalized citizens.
Background: Farhane’s Story
Legal Issues: Effective Counsel
Court Proceedings: Timeline
Initial Proceedings
What it means
For Naturalized Citizens
For Immigration Law
For Farhane and His Family
Denaturalization means the revocation of U.S. citizenship from a person who obtained it through naturalization — not birth. It can occur only when the government proves the person illegally or fraudulently procured citizenship, such as by willfully misrepresenting or concealing material facts. This differs from voluntary loss of citizenship (expatriation) or constitutional protections for those born in the United States, whose citizenship cannot be revoked by executive order.
In June 2025, the Department of Justice issued a memo from Assistant Attorney General Brett A. Shumate directing that denaturalization become a top enforcement priority. The memo instructs prosecutors to “prioritize and maximally pursue” citizenship revocation wherever evidence supports it, adding new “priority categories” such as fraud, violent crime, human rights violations, and national security threats (see DOJ Civil Division memo). This directive significantly expanded the criteria for targeting naturalized citizens, marking a shift in enforcement priorities.
This expansion marks the broadest denaturalization initiative since World War II, reflecting a wider strategy to redefine “citizenship integrity” under Trump’s 2025 enforcement agenda.
The 2025 denaturalization policy was shaped by three deportation hardliners: Stephen Miller, Kristi Noem, and Tom Homan.
The 2025 DOJ memo lists several categories of cases for priority review, including:
Legal analysts note that this final category gives wide discretionary power to the administration (see Democracy Docket analysis).
Probably not. Although Trump’s DOJ has prioritized these cases, experts say mass denaturalization is not feasible. Each case requires individualized investigation, federal litigation, and clear, convincing evidence. Historically, the U.S. has averaged fewer than a dozen successful denaturalizations per year. Without major funding increases and expanded staff, this remains symbolic or deterrent rather than large-scale (see Washington Post report).
Denaturalization is governed by 8 U.S.C. § 1451, which restricts revocations to cases involving fraud, concealment, or misrepresentation of a material fact. Courts also apply strict constitutional protections:
Legal scholars note these constitutional guardrails make widespread revocations highly unlikely (see legal overview).
Potentially — though such use would be unconstitutional. The memo’s vague “priority” language could enable selective enforcement, especially if prosecutors target politically active immigrants. Civil rights groups warn that the catch-all clause may be used to intimidate or punish critics of the administration (read Democracy Docket report).
However, First Amendment protections and judicial oversight mean citizenship cannot be revoked for political speech or protest. Any such attempt would almost certainly be blocked in federal court.
No. Only naturalized citizens can be denaturalized. The 14th Amendment protects those born on U.S. soil, and no president or agency can legally override that. While Executive Order 14160 sought to redefine birthright citizenship for future cases, it cannot retroactively apply to those already recognized as citizens (see EO summary).
Not unless the error was intentional and material. The Supreme Court ruled in Maslenjak that citizenship can’t be revoked for “innocent or immaterial” mistakes. For example, forgetting a middle name, misunderstanding a form question, or failing to recall a decades-old event does not qualify. The government must show that the true fact would have led USCIS to deny naturalization.
No. Because denaturalization is a civil proceeding, defendants are not guaranteed a free lawyer. They may hire private counsel or seek help from nonprofits or legal aid groups. This imbalance raises concerns about access to justice, since most defendants face the full power of DOJ without court-appointed counsel (see NACDL statement).
If a court revokes citizenship, the person reverts to their prior immigration status (such as permanent resident). If that status no longer exists — or was itself based on fraud — they may be placed in removal proceedings. Some may still qualify for asylum, withholding of removal, or protection under the Convention Against Torture depending on their situation.
Yes, though success is limited. There is no absolute statute of limitations on denaturalization, but courts often reject stale or unfairly delayed cases on equitable grounds. Evidence degradation, faded memories, or lack of notice can all make old cases legally vulnerable. Most analysts expect the DOJ to focus on recent or high-profile cases rather than distant ones.
Yes. In mid-2025, the DOJ successfully revoked the citizenship of a U.K.-born man convicted of pre-naturalization sex crimes, citing intentional concealment of a material fact. It was one of the first test cases under the expanded priority framework (see policy tracker summary).
Congress retains oversight and funding powers over DOJ. It could hold hearings, enact statutory clarifications, or attach budget riders limiting denaturalization initiatives. However, core citizenship protections stem from the Constitution, not statute — so congressional support is helpful but not strictly necessary to challenge unlawful actions.
Anyone facing denaturalization can:
Denaturalization orders are not final until all appeals are exhausted.
Yes. The Project 2025 policy blueprint, developed by conservative think tanks, proposes sweeping executive control over immigration and citizenship. Observers see the 2025 DOJ memo as an early implementation step of that broader agenda to tighten definitions of American identity and enforce “citizenship integrity” (read analysis by American Immigration Council).
Despite its rhetoric, Trump’s 2025 denaturalization push is likely to remain legally limited and symbolic. Courts, constitutional precedent, and practical barriers make mass revocations virtually impossible.
Still, advocates warn that even rare denaturalization cases can have a chilling effect on millions of naturalized Americans who fear their status could be questioned.
Trump’s 2025 denaturalization initiative directs DOJ to prioritize citizenship revocations in fraud and national security cases — but constitutional safeguards, high proof standards, and limited resources make mass revocations unlikely.
If you’ve begun to wonder whether something from your past — a forgotten form, an old arrest, a prior visa issue, or a mistake on your naturalization application — could now be used against you under Trump’s expanded denaturalization efforts, you are not alone. Thousands of naturalized citizens are quietly asking the same questions:
These are not hypothetical fears. The Department of Justice’s 2025 Civil Division memo has made denaturalization a top enforcement priority, directing attorneys to “maximize pursuit” of cases involving alleged fraud or concealment. But not every mistake is fraud — and only an experienced immigration lawyer can determine whether something in your file is truly “material” under the law.
That’s where Attorney Richard T. Herman can help.
With over 30 years of experience practicing U.S. immigration law nationwide, Richard Herman has defended countless immigrants, permanent residents, and naturalized citizens through every kind of legal challenge — from citizenship reviews and revocations to federal appeals and waivers. As co-author of Immigrant, Inc. and a nationally recognized advocate for immigrant rights, Herman has built his career around one principle: that America grows stronger when it welcomes, not worries, its new citizens.
When you schedule a consultation with Herman, you will receive:
No one should face uncertainty about their citizenship status alone. Denaturalization is complex, rare, and defensible — but only if you understand your risks and act early.
Contact Richard T. Herman today to schedule a personal consultation and secure the guidance you deserve.
👉 Book your consultation now: Schedule with Herman Legal Group or call 1-800-808-4013.
Richard Herman is more than an immigration lawyer — he’s a national voice for immigrant empowerment, a trusted media commentator, and an evangelist for the economic and community benefits of welcoming immigrants. If you value the life and identity you built in the United States, don’t leave your citizenship to chance.
Let Richard Herman help you understand your options, protect your status, and stand confidently as a U.S. citizen.
If you’re unsure whether Trump’s 2025 denaturalization policy could affect you, talk to Attorney Richard T. Herman — a 30-year immigration law veteran and co-author of Immigrant, Inc. — for a confidential, expert review of your case.
The Department of Justice Civil Division memo issued in June 2025 directed prosecutors to make denaturalization a top enforcement priority. It instructs attorneys to “maximize pursuit” of revocation cases based on fraud, misrepresentation, or criminal conduct — marking the broadest citizenship review program in decades.
A series of DOJ press releases in 2025 announced denaturalization filings involving terrorism, sex crimes, and fraud. These official case summaries reveal how the DOJ applies its expanded mandate under Trump’s second term.
The Office of Immigration Litigation (OIL) manages denaturalization lawsuits within DOJ’s Civil Division, coordinating litigation strategy and appellate defense.
Statutory authority comes from 8 U.S.C. § 1451, which permits citizenship revocation only if it was “illegally procured” or obtained by willful misrepresentation or concealment of material facts.
The Supreme Court’s decision in Maslenjak v. United States (2017) held that false statements must be material — meaning they would have changed the outcome of naturalization — before citizenship can be revoked.
For definitions of “material misrepresentation,” the USCIS Policy Manual provides the interpretive framework DOJ attorneys and adjudicators use when reviewing potential fraud or concealment.
Issued in January 2025, Executive Order 14160 — “Protecting the Meaning and Value of American Citizenship” — sought to reinterpret birthright citizenship, underscoring the administration’s broader effort to tighten naturalization and citizenship eligibility.
The groundwork for this expansion traces back to the DOJ Denaturalization Section created in 2020, centralizing enforcement within DOJ’s Civil Division.
The American Immigration Lawyers Association (AILA) curates a specialized hub covering denaturalization trends, litigation, and defense strategies for immigration attorneys nationwide.
AILA’s Policy Brief on Denaturalization (July 2025) examines Trump’s expanded enforcement powers and cautions against politically motivated revocations.
The National Association of Criminal Defense Lawyers (NACDL) criticized the 2025 DOJ directive, highlighting the denial of counsel to low-income defendants and erosion of due process in civil denaturalization cases.
The New York City Bar Association published a detailed analysis of early 2025 immigration changes, including the DOJ’s citizenship revocation strategy, offering practitioner insights and policy commentary.
The Federal Bar Association Immigration Law Section provides training and CLE webinars on responding to revocation proceedings and defending naturalization challenges.
The American Bar Association Commission on Immigration report, Reforming the Immigration System, reviews the legal and procedural safeguards relevant to denaturalization, framing it within broader due process reform proposals.
The Immigrant Legal Resource Center (ILRC) offers community education and legal advisories explaining how denaturalization works, who is at risk, and how individuals can assert their rights under Trump’s 2025 policy.
The American Immigration Council (AIC) provides plain-language explainers on Maslenjak v. United States and ongoing denaturalization litigation, clarifying evidentiary and constitutional standards.
The Lawfare Institute examines the political and constitutional implications of the DOJ’s 2025 denaturalization push, warning of its potential chilling effect on naturalized citizens.
The Washington Post reported in July 2025 that Trump’s DOJ memo could “transform the symbolic weight of citizenship into a conditional privilege,” citing experts who doubt large-scale revocations are legally feasible.
The Guardian and New York Post provided early coverage of the June 2025 memo, documenting reactions from civil rights advocates and attorneys concerned about selective enforcement.
For analysis or citation in legal commentary:
.
Updated 2026 Edition — With New Sections & Expert Insights from Attorney Richard T. Herman
Yes. Green card holders can be deported — and under the Trump–Vance administration, the risk is significantly higher.
Permanent residents remain subject to removal under INA §237 for criminal convictions, immigration violations, fraud, long absences from the U.S., tax issues, or national-security concerns.
Ohio green card holders — especially in Cleveland, Columbus, Cincinnati, Dayton, Akron, Toledo, and Youngstown — are experiencing heightened anxiety due to:
If you’re concerned about your risk, get a confidential legal review with attorney Richard Herman:
Book a Consultation
Green card holders nationwide are asking the same question:
“Am I safe under Trump–Vance?”
Project 2025 — written by former DHS, ICE, DOJ officials — proposes:
Ohio’s combination of:
…makes it a significant enforcement zone in 2025.
For a data-driven look at national detention trends, see HLG’s report:
ICE Detainee Population Reaches Historic High of 66,000
LPRs can be removed for:
Voting — even unintentionally — can trigger removal.
Anticipated changes include:
Further reading:
Mass Worksite Enforcement Surges in 2025
ICE Shakeup & CBP Takeover
But no LPR is at zero risk.
ICE uses aggregated government data:
FBI, IRS, DMV, USCIS, CBP, and state law enforcement systems.
Learn more about misidentification risks:
Why ICE Arrests U.S. Citizens (2025 Update)
CBP often reopens old immigration issues or finds inconsistencies.
Ohio has several facilities where ICE detains immigrants — including lawful permanent residents (LPRs). If a green card holder is arrested by ICE, they are often taken to one of the following locations. Having this information allows families to act quickly, coordinate legal representation, and get someone released on bond as soon as possible.
One of the primary ICE-contract facilities in the state.
Address: 705 Hanover Street, Hamilton, OH 45011
Phone: (513) 785-1191
Website: Butler County Sheriff’s Office
ICE Facility Page: Butler County Sheriff’s Office – ICE Detention
This jail houses a significant number of ICE detainees. It is known for strict visitation rules, rapid detainee intake, and limited attorney-client access — which makes quick legal intervention critical.
A cooperating facility frequently used for ICE detainees.
Address: 3040 S. State Route 100, Tiffin, OH 44883
Phone: (419) 448-5074
Website: Seneca County Sheriff’s Office
ICE Facility Page: Seneca County Jail – ICE Detention
Seneca County is known for prolonged detention before a bond hearing is scheduled. Families must act fast to retain counsel, gather bond evidence, and prepare packets.
A privately operated detention center under CoreCivic, used by ICE.
Address: 2240 Hubbard Road, Youngstown, OH 44505
Phone: (330) 746-3777
Facility Information: Northeast Ohio Correctional Center
ICE Facility Page: NEOCC – ICE Detention
This is one of the largest ICE detention facilities in Ohio. Conditions are stricter, and detainees often face longer travel times to Cleveland Immigration Court.
Where are Ohio removal cases — including LPR cases — are heard.
Address: 801 W. Superior Avenue, Suite 13-100, Cleveland, OH 44113
Phone: (216) 802-1100
EOIR Page: Cleveland Immigration Court
The Cleveland Immigration Court is widely known for:
For detailed survival guidance:
Cleveland Immigration Court 2026 Survival Guide
Some LPRs at risk can salvage their case by vacating past convictions.
Resource:
Motion to Withdraw Plea / PCR
Review all I-130s, I-485s, N-400s, marriage files, and DS-260s.
Compile a complete bond packet now.
Hardship Documentation
Gather evidence for U.S. citizen children or caregivers.
Family Contingency Planning
Setup guardianship and emergency plans.
Case Study 1 — Cleveland PCR Win
15-year-old theft vacated → Removal canceled.
Case Study 2 — Columbus DV Case
Detained → PCR + strong bond packet → Released.
Case Study 3 — Cincinnati Airport Inspection
Marriage inconsistency flagged → Attorney intervention → No NTA issued.
HLG uses trauma-informed legal advocacy.
Choosing the right immigration defense attorney can determine whether a green card holder remains in the United States or faces deportation. Under the Trump–Vance enforcement agenda, local court knowledge, fast detention response, and PCR strategies make a life-changing difference.
Ohio-based lawyers understand:
Ohio firms can rapidly visit clients at:
This proximity is crucial for preparing bond packets and removal defense.
Ohio-based defense work often requires criminal-immigration hybrid expertise—especially:
HLG’s long-standing PCR resource:
Motion to Withdraw Plea / PCR.
HLG offers:
When LPRs are detained or placed in removal proceedings, Ohio-specific experience outperforms national branding every time.
HLG offers:
Learn more about HLG’s removal defense services:
Deportation & Removal Defense.
Before ICE ever shows up, many permanent residents already live in fear:
“The fear that green card families carry in 2025 is unlike anything I’ve seen in 30 years of practice.
My mission is to replace fear with clarity — and to restore hope where it’s fading.”
HLG’s approach recognizes the emotional, psychological, and social dimensions of the immigration enforcement crisis.
Many LPRs describe nearly identical experiences:
“The worst pain families experience is the shock of the unknown.
When clients prepare early, they reclaim control — and dramatically improve outcomes.”
HLG’s guide for families in crisis:
Bond in Ohio – ICE Arrest Guide.
“You belong here.
You have built families, careers, and communities.
And you deserve to feel safe.Even in the hardest times, there is always hope — and always a strategy.
You are never alone in this fight.”
Under U.S. immigration law, an LPR can lose their green card if DHS believes they intended to abandon U.S. residence. CBP in 2025 has intensified secondary inspections, especially for LPRs who:
You may be considered to have abandoned U.S. residency if you:
Time abroad is only one factor — intent is key.
But in 2025, CBP increasingly assumes abandonment unless the LPR proves otherwise.
CBP analyzes:
HLG’s guide on misidentification and data errors explains how CBP screens travelers:
Why ICE Arrests U.S. Citizens (2025 Update).
Even 20–30-year-old convictions can trigger detention.
Your goal is to show:
“I never intended to abandon my U.S. residence.”
Acceptable reasons for extended stays include:
All claims must be documented and consistent.
Include:
HLG can prepare all components.
HLG’s NTA guide explains what happens next if referred to court:
Notice to Appear Guide.
If:
You must:
✔ Hire an attorney
✔ Build Returning LPR Packet
✔ Gather tax transcripts
✔ Prepare consistent explanations
✔ Avoid small airports
✔ Consider PCR for old cases
✔ Prepare for potential bond
✔ Notify family how to respond if detained
HLG’s worksite enforcement analysis explains the broader enforcement climate:
Mass Worksite Enforcement Surges in 2025.
LPRs win when they show:
Long trips combined with old convictions dramatically increase the risk of ICE referral.
PCR resource:
Motion to Withdraw Plea / PCR
“If you stayed abroad longer than planned — or have old criminal history — a strong packet can save your green card. A weak story can destroy it in minutes.”
In today’s Trump–Vance enforcement climate, Re-Entry Permits have become one of the most important—yet most misunderstood—tools available to lawful permanent residents (LPRs). With CBP and ICE aggressively screening returning residents, a Re-Entry Permit can be the difference between smooth reentry and being referred to ICE for abandonment or removal.
A Re-Entry Permit helps protect your green card by showing CBP that you never intended to give up residency, even if you needed to spend extended time abroad.
A Re-Entry Permit is a USCIS travel document (Form I-131) that:
Allows a green card holder to stay outside the U.S. for up to two years
Demonstrates no intent to abandon U.S. residence
Prevents CBP from treating you as though you surrendered your green card
Eliminates the need to apply for a Returning Resident Visa (SB-1)
Strengthens proof of U.S. ties and residency intent
It looks like a passport-style booklet and is usually valid for two years at a time, with renewals possible in limited circumstances.
Because of intensified screening and Project 2025 enforcement priorities, any LPR who may be abroad for more than 4–5 months should consider getting a Re-Entry Permit.
Expect to be outside the U.S. more than 180 days
May be abroad one year or more
Have elderly or ill family abroad requiring long-term care
Have employment duties in another country
Have any criminal history (even minor or decades old)
Have pending I-751 or N-400 filings
Have weak or irregular U.S. tax filings
Travel frequently, with inconsistent patterns
Visit or reside temporarily in “flagged” countries
Have marriage-based residency with limited joint documentation
Previously stayed abroad longer than expected
Unexpected events can extend travel:
Medical emergencies
Caregiving responsibilities
Flight disruptions
Political unrest
Legal complications
Visa issues abroad
Pandemics or travel restrictions
A Re-Entry Permit is travel insurance for your green card.
USCIS requires:
You must file Form I-131 while physically in the U.S.
You must complete biometrics in the U.S.
After biometrics, you may leave, and USCIS can mail the permit abroad.
If you leave the U.S. before biometrics, your permit application will be denied.
This is one of the most common mistakes LPRs make.
CBP examines many factors when a green card holder returns after long travel:
Length of time abroad
Ties to the U.S.
Ties abroad
Employment history
Tax filings
Family relationships
Social media activity
Criminal history
Travel patterns
A valid Re-Entry Permit signals:
“USCIS pre-approved my extended stay abroad. I did NOT abandon my U.S. residency.”
Because of this, CBP is far less likely to initiate an abandonment inquiry or issue an NTA.
In 2025, this document can prevent enormous legal problems.
Attorney Richard T. Herman strongly recommends combining a Re-Entry Permit with:
Returning LPR Packet (proof of U.S. residence and ties)
Sworn declaration explaining purpose of extended travel
Employment, tax, and home documentation
Emergency or caregiving evidence
Attorney-prepared summary letter
This combination creates one of the strongest possible defenses against allegations of abandonment.
Not completely.
A Re-Entry Permit only protects against abandonment, not inadmissibility.
CBP can still:
Refer you to secondary inspection
Question your criminal history
Contact ICE
Issue an NTA
Review fingerprints and FBI records
If you have any criminal history—recent or old—you must pair a Re-Entry Permit with:
This can eliminate or reduce the immigration consequences of old convictions.
Attorney Richard Herman recommends:
“Even if you think your trip will be short, apply for a Re-Entry Permit before you go. Life changes fast. A permit is the best insurance policy a green card holder can have.”
This is especially true for LPRs who may face:
Sudden caregiving needs
Job changes
Pregnancy or medical complications
Court involvement abroad
Conflict zones or unstable regions
You still have options:
(Full documentation of ties and emergencies)
Explaining intent, citing supporting case law
With documentation, consistency, and attorney guidance
If CBP questions your status
If criminal history poses risk
Motion to Withdraw Plea / PCR
Protect against abandonment claims
Reduce CBP discretion in questioning travel
Show USCIS pre-approved extended travel
Prevent need for SB-1 Returning Resident Visa
Strengthen evidence of U.S. ties
Criminal inadmissibility
Marriage fraud allegations
Prior removal orders
DHS/ICE enforcement for crimes
Long-term tax issues
Fraud or misrepresentation findings
This is why the Re-Entry Permit must be paired with legal review before travel.
Yes. Under INA §237, lawful permanent residents (LPRs) can be removed for many criminal and immigration violations. Enforcement priorities in 2025–2026 significantly increase the risk of removal.
Yes. There is no statute of limitations in immigration law. ICE routinely relies on very old convictions.
Usually no. Immigration courts do not recognize most expungements.
To eliminate immigration consequences, you typically need post-conviction relief (PCR), not an expungement.
Yes. The N-400 process reopens your entire history. If USCIS finds past issues, they may issue a Notice to Appear, leading to removal proceedings.
You should NOT apply without legal review if you have:
Yes, in rare but serious cases, including:
No. ICE needs a warrant signed by a judge.
Administrative ICE forms (I-200/I-205) do not authorize entry.
Yes. Ohio courthouses are not protected locations. ICE frequently arrests individuals at hearings or probation check-ins.
You may be taken to secondary inspection, where officers check:
They may refer you to ICE or issue an NTA.
No. Marijuana is still illegal federally, and admitting use can create deportability or inadmissibility.
Yes. Failure to file taxes — or filing as a non-resident — is evidence of abandonment of residency.
Not typically, unless the application involved fraud or misrepresentation.
Yes. Many counties cooperate closely with ICE.
It proposes:
DV cases are among ICE’s top enforcement priorities — even without a conviction.
Yes. Shoplifting is often a CIMT, which can trigger deportation.
Yes. Citizen children do not automatically protect you.
Yes, especially arrests involving:
No. Travel with criminal history is very risky and can lead to:
Yes — if it reveals:
Yes. DHS reviews accounts for:
Potentially. Certain posts or affiliations may be interpreted as security concerns.
No. Unemployment is earned insurance, not public charge.
Your attorney can verify through:
Not directly, but data is shared with federal systems.
Yes. Removal cases are highly complex.
Related resource: Deportation & Removal Defense
This is common in abusive situations. You may qualify for VAWA, cancellation, or other protections.
Yes. Worksite enforcement has increased.
Related reading: Mass Worksite Enforcement Surges in 2025
Yes. It may cause USCIS to examine your past records closely.
You may qualify for post-conviction relief, including motions to vacate or withdraw your plea.
See: Motion to Withdraw Plea / PCR
You still have LPR status, but failing to replace the card can cause issues during travel or ID checks.
Yes. Even suspicion can trigger an NTA.
Yes. False claims to citizenship are among the harshest immigration violations.
You may face abandonment questioning.
Trips longer than:
Yes. Noncitizens must carry evidence of legal status.
Yes, but you must update USCIS, Social Security, DMV, and your home-country passport.
Yes. Sensitive-location protections have weakened.
Yes. Photos may be interpreted as:
You need a Family Preparedness Plan including:
Related guide: Bond in Ohio – ICE Arrest Guide
You may request:
Schedule a formal consultation and risk assessment with an immigration lawyer.
Book with Richard Herman: Book a Consultation
The United States is entering the most aggressive immigration-enforcement era in decades.
Green card holders — even those with deep family roots, stable careers, strong community ties, and decades of lawful presence — are now facing real, urgent, and unprecedented threats to their future in America.
Before fear takes over, remember:
Fear is not a strategy.
Preparation is.
And you do not have to prepare alone.
Every day, the Herman Legal Group helps lawful permanent residents:
Stop deportation before it starts
Fix or vacate old criminal convictions through motion to withdraw plea / PCR
Fight airport accusations of abandonment
Overcome ICE arrests with strong, evidence-based bond strategies
Build hardship cases immigration judges respect
Reconstruct the truth about their lives and intent
Reunite families separated by ICE or CBP
Restore the peace of mind they once had — and deserve again
You deserve the same protection, preparation, and peace.
“For more than 30 years, I have seen what fear does to good people.
I have seen families lose sleep, lose opportunities, and lose hope.And I have also seen what happens when that fear is replaced with a plan.
Lives change.
Families stay together.
Futures re-open.If you are worried about your green card — for any reason — reach out.
Do not wait for ICE to show up, or for an airport officer to make a decision that changes everything.We will review your situation, explain your risks, and build a strategy that protects your life in America.
You are not alone. And you will never be alone in this fight.”
— Richard T. Herman, Immigration Attorney
A proper immigration risk assessment can be life-changing — and sometimes life-saving.
You should schedule one immediately if you have:
Old criminal records
A recent or past arrest
Concerns about applying for N-400 naturalization
Concerns about a marriage-based filing
Travel risks or abandonment questions
A spouse or partner threatening to call ICE
Issues at work, DMV, or court
A fear that has been growing — and won’t go away
Do not wait until DHS or CBP makes the first move.
We can help you today.
👉 Schedule a confidential consultation with Richard Herman:
Book a Consultation
Whether you’re in Cleveland, Columbus, Cincinnati, Dayton, Toledo, Akron, Youngstown, or anywhere in the U.S., our team stands ready to protect you.
You earned the right to live here.
You built a home here.
You built a family here.
You belong here.
In times like these, strength comes from preparation, clarity, and choosing the right advocate.
Let us help you protect what matters most.
👉 Get the legal protection your green card deserves.
Talk to Richard Herman today.
Green card holders searching for answers in 2026 need more than information — they need guidance, strategy, and protection.
You are not alone.
You are not powerless.
And you are not without options.
Whether your concern involves:
Deportation
Abandonment at the airport
Increased ICE enforcement
N-400 risks
Old criminal history
Travel issues
Marriage-based filings
Project 2025 changes
… the Herman Legal Group is here to fight for your future with preparation, precision, and compassion.
This is your moment to take control.
Book your strategy session now and protect your life in America:
Book a Consultation
Now that the 2024 presidential election is over the biggest question being asked is what will the second Trump administration do on immigration?
Former president Donald Trump made immigration the centerpiece of his campaign and promised the “biggest deportation operation in American history” if re-elected. His proposals go way beyond what he did in his first term and will impact millions of immigrants and change the way America approaches immigration enforcement, border protection, security and family reunification.
Trump’s immigration platform goes beyond undocumented immigrants. His policies will change the very fabric of U.S. immigration, legal pathways, citizenship and protections for asylum seekers.
Some of Trump supporters have characterized November 5, 2024 as “Liberation Day” — the day when Trump won the election and put him on the path to free America from “foreign occupation” by gangs and drug cartels.
Trump has pledged to move significant federal law enforcement resources to immigration enforcement, especially against gang and cartel activity. Federal law enforcement officers will play a crucial role in executing large-scale immigration enforcement operations and arresting undocumented individuals as part of this initiative.
As the new administration begins, Trump’s plan is clear: border walls, mass deportations and less humanitarian protection. Employers, immigration advocates and migrants should stay informed and consider getting ahead of the changes.
In this article we will look at Trump’s immigration policies, the social and economic consequences and the bigger picture for immigrant communities and the country.
Before we get into the policies of the second Trump administration, we need to first look at what the voters said on November 5, 2024.
Recent polling shows Americans are more in favor of stricter immigration policies, in line with former President Donald Trump’s position. According to the AP VoteCast survey, more Americans now favor deporting undocumented immigrants rather than a pathway to legal status. This shift underscores the public’s support for stricter immigration law and highlights the legal implications of such policies.
This shows Trump’s tough stance on immigration is working more than ever with more voters in favor of more.
But we’ll see if Americans will continue to support this when they watch on the news every night: families being torn apart, parents being arrested and imprisoned and children crying.
Trump’s immigration plan goes beyond deportation and enforcement, he wants to overhaul the entire U.S. immigration system. Here are the main parts of his plan:
Mass Deportations on a Massive Scale
Number: Trump wants to deport up to 20 million people, including undocumented immigrants and those with temporary legal status. This is more than any previous deportation effort and includes people who have lived in the U.S. for years. The immigration courts are already overwhelmed, and such a large-scale deportation plan would exacerbate the backlog in asylum system, necessitating a significant expansion of resources to handle the influx of new cases.
Trump’s Vision for Mass Deportations
1. Military and Law Enforcement: President Donald Trump officials say he would use a wide range of resources to enforce deportations of unauthorized immigrants, including the U.S. military, National Guard and local law enforcement. This could mean extensive cooperation with state and local police to find and detain undocumented immigrants.
2. Executive Authority: Trump could use emergency powers and executive actions to speed up deportations and bypass some protections for undocumented immigrants. Legal scholars say he could use obscure wartime provisions that were used for mass detentions in the past, like during World War II for Japanese, German and Italian nationals.
3. More Contracts with Private Companies: The deportation process would likely involve private contractors for detention facilities, transportation and deportation flights. Private companies already manage many parts of immigration detention and this could increase if deportation efforts grow.
4. Historical Comparison: Trump’s plan is modeled after Eisenhower’s “Operation Wetback” in the 1950s where the U.S. forcibly deported people of Mexican descent, including U.S. citizens. But Trump’s is bigger and broader, targeting long-time residents and new arrivals.
5. More ICE: The new administration will remove the limits on Immigration and Customs Enforcement (ICE) put in place by the Biden administration so ICE will be more active against undocumented people in the U.S.
6. Alien Enemies Act: new Trump administration will use the Alien Enemies Act to target violent gangs like Venezuela’s Tren de Aragua and cartel members with a focus on reducing organized crime in immigrant communities.
Experts say deporting 20 million people in 4 years is impossible without significant resources, an expanded law enforcement workforce and a lot of money: Mass deportations at this scale means massive arrests, detentions and immigration hearings. Each stage requires due process which means legal representation, appeal rights and judicial review. To achieve this scale would mean bypassing or stretching legal protections — which would be challenged in court.
Cost of Mass Deportations
Court Challenges
Community/State Resistance
Trump’s immigration enforcement plan includes a big increase in immigration enforcement with military and local police.
Response:
Trump’s immigration plan includes ending asylum protections and revoking humanitarian protections for people from conflict zones.
Reviving Title 42, Asylum Restrictions & TPS
Humanitarian Parole
Response:
The administration is also planning to take away certain rights from immigrant families, including birthright citizenship and public education for undocumented children.
Response:
Ideological Screening of Immigrants
Public Charge Rule
Travel Bans
Mexican Goods Tariffs
Border Wall
While Trump’s plans have practical and legal obstacles, his influence on the judiciary and potential congressional support will make it more doable this time around. But implementing such a massive program will require navigating logistical challenges, getting funding and overcoming legal hurdles.
Congress will have a big role in responding to Trump’s immigration plans. Lawmakers can limit funding, exercise oversight and shape legislation.
A big part of resisting Trump’s immigration agenda is to change the national conversation around immigration.
Response:
With Donald Trump’s election, the Biden administration is preparing for a border surge at the southern border as immigrants try to get in before Trump’s policies kick in.
The Department of Homeland Security (DHS) has started developing contingency plans, expecting some migrants to try to get into the U.S. before the inauguration, fearing Trump’s policies.
DHS Meets to Discuss Border Readiness
Migrant Messaging Causes Border Closure Fears
CBP’s Message to Migrants: “Don’t Believe Smugglers”
Smugglers Take Advantage of Trump’s Return to Push Migrants to Cross Fast
Migration Caravan in Mexico Heads to Northern Border
Carrying out Trump’s deportation plan would require massive resources. The Supreme Court has previously ruled on issues related to citizenship rights and equal access to education, which could play a significant role in the legal challenges against such mass deportation policies when the Trump administration regains office.
Let’s get into it:
Financial
Workforce
Tax Revenue Loss
Trump’s deportation plan would devastate families, especially mixed-status households. Here’s what it would look like:
Family Separations
Chilling Effect on Immigrant Families
Public support for stricter immigration enforcement has increased and recent polls show a majority of Americans support deporting millions of undocumented individuals. Trump has exploited this sentiment, framing immigration as a threat to American identity, economic stability and national security. His language has gotten more extreme:
Ahead of potential policy changes, immigrant rights organizations are mobilizing and preparing legal responses:
Emergency Toolkits and Rapid Response
Legal Challenges and Advocacy
As a snapshot of what an aggressive enforcement strategy might look like, let’s remember what happened in 2018.
In 2018, almost 100 workers were arrested in a massive immigration raid at a meatpacking plant in Tennessee, including Nayeli, a mother and long-time plant employee. The raid, with helicopters and federal agents, left a community in shock. Children came home to find their parents missing and hundreds of students were absent from school the next day. For many families the fear and trauma still lingers.
Nayeli, one of those arrested and released, still fears these big raids will come back. She now organizes for immigrant rights in her community and advocates for protections and policies that recognize immigrants’ contributions. Her story shows the human impact of immigration raids and what many fear could happen on a much bigger scale.
With Trump back in the White House, big changes are coming to U.S. immigration policies, especially for employment-based immigration. From stricter visa requirements to program terminations, Trump’s second term will increase scrutiny and add new restrictions. Employers and visa holders should prepare now by understanding what’s coming and taking proactive steps to minimize risk.
Key Takeaways: Get Ready for Immigration Changes
H-1B Visa Holders and H-4 Spouse Work Authorization
More Scrutiny and Requirements
H-4 EAD (H-4 Spouse Work Authorization)
Visa Interview Waiver (Dropbox) and Processing Delays
Trump’s administration may eliminate the visa interview waiver (or “dropbox”) for visa renewals which would mean:
L-1 Intra-Company Transfers
Visa Interview Waivers and Renewal Delays
Trump’s administration may re-impose strict work authorization rules for F-1 students:
Curriculum Practical Training (CPT) and Day-1 CPT
STEM OPT Program
Unlawful Presence Rule
Employment-Based Visas
PERM Labor Certification Delays
Public Charge Criteria and EAD/AP Validity Terms
More Vetting for Naturalization
Procedural Challenges for Green Card Holders
Limiting TPS Eligibility
Longer Visa Wait Times and Entry Restrictions
Take proactive steps now to mitigate some of the risks:
Trump’s immigration agenda will have a big impact on immigrant families, communities and long-standing constitutional protections. A coordinated response from advocates, local governments and pro-immigrant lawmakers will be key to protecting immigrants across the country.
In the next few months, advocates, legal experts and community organizations will continue to push back against Trump’s plans by focusing on legal challenges, public education, legislative advocacy and local protections. This coordinated approach will uphold the core American values of justice, fairness and human rights so that immigration policies reflect the country’s commitment to a fair and kind system for all. File now and be prepared. Stay informed. Stay compliant. Stay safe.
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President-elect Donald Trump has announced two new appointments to his team, both hardline immigration advocates, as part of the latest immigration news.
Both Homan and Miller played significant roles in the first Trump administration, known for its controversial immigration policies. Tom Homan, former acting ICE director, will be “border czar” and Stephen Miller, a key policy guy from Trump’s first term, will be Deputy Chief of Staff for Policy.
Both are tough on immigration and will get to work on immigration right away.
Tom Homan as “Border Czar”
Trump posted on Truth Social: “Homan is highly skilled at policing and controlling our Borders.” As border czar, Homan will work closely with Immigration and Customs Enforcement (ICE) to oversee deportation efforts.
As border czar Homan will oversee deportation efforts to get illegals back to their home countries. This position doesn’t require Senate confirmation so Homan can start right away, focusing on implementing the administration’s immigration policy.
Stephen Miller as Deputy Chief of Staff for Policy
Stephen Miller, a long time Trump advisor and hardline immigration guy, has been selected for this policy position. During the Trump administration, Miller was the architect of the family separation policy and had a significant impact on immigration enforcement.
Vice President-elect JD Vance tweeted: “Another great pick by Trump.” Miller’s position doesn’t require Senate approval so he can start right away.
Other Appointments
Trump has also appointed:
These appointments show Trump is going to surround himself with loyalists and people who have supported him on his issues.
Trump’s Campaign Promise: A “Migrant Invasion” Solution
Throughout the campaign, President-elect Donald Trump made strong anti-immigration promises, emphasizing an ‘immigration crackdown’ and calling it an “invasion” at the southern border. In a recent rally he said he’ll “kick them out of the country” and address the migrant threat to American safety and jobs.
Trump has promised the largest deportation effort in U.S. history, called “Operation Aurora” which will be a serious mass deportation effort of illegals.
Rhetoric and Reality: Research and Data on Immigration
Trump’s rhetoric on immigration links it to crime and economic issues, but immigration data tells a different story. Estimates on how many undocumented immigrants reside in the U.S. vary, but they play a significant role in the economy and labor market.
Research shows immigrants, including illegals, contribute to the economy and have lower crime rates than native born citizens. Crime has gone down under the Biden administration so Trump’s narrative that immigration is a public safety threat is false.
But Trump’s immigration message still resonates with his base especially on crime and American values.
Trump’s rhetoric on immigration links it to crime and economic issues, but immigration data tells a different story. Estimates on how many undocumented immigrants reside in the U.S. vary, but they play a significant role in the economy and labor market.
Research shows immigrants, including illegals, contribute to the economy and have lower crime rates than native born citizens. Crime has gone down under the Biden administration so Trump’s narrative that immigration is a public safety threat is false.
But Trump’s immigration message still resonates with his base especially on crime and American values.
Tom Homan’s Record
As former acting director of U.S. Immigration and Customs Enforcement (ICE), Homan was responsible for a 40% increase in immigration arrests in 2017. At the National Conservatism Conference in Washington D.C. Homan said he would lead “the biggest deportation operation this country’s ever seen” if Trump was re-elected. He said the military would not be used in immigration enforcement but he was confident ICE could do mass deportations “in a humane way.”
Homan’s Job and Responsibilities as Border Czar
Trump announced Homan on his social media platform Truth Social where he praised Homan’s experience in immigration control and border security credentials. As border czar Homan will be responsible for:
This position does not require Senate approval so Homan can start immediately after the inauguration.
Homan’s Immigration Enforcement Experience
Homan started as a Border Patrol agent in 1984 and rose through the ranks in immigration enforcement. He was acting director of ICE under Trump’s first administration from 2017-2018 where he was known for being tough and oversaw a 40% increase in immigration arrests.
After leaving ICE Homan continued to advocate for tough immigration policies, wrote a book Defend the Border and Save Lives and founded Border 911 Foundation Inc. which opposes what he calls a “border invasion.”
Trump’s Immigration Plan: Homan’s Approach
A Targeted Approach to Deportations
In recent interviews, Homan has laid out his deportation policy and priorities. He said enforcement would focus first on those who pose a threat to public safety and national security.
Homan told the public mass roundups are not the goal but “no one’s off the table” if they’re here illegally.
Key points:
In a recent Fox News interview Homan said, “The men and women of ICE do this daily. They’re good at it. This will be a targeted operation done in a humane way.”
Myths About Mass Deportations
In a pre-election interview on “60 Minutes” Homan said mass neighborhood raids and large detention camps are deportation myths. He said a targeted approach will focus on public safety threats. When asked if immigrant families together can be deported without separation Homan said, “Families can be deported together” implying a process that will minimize family disruption while enforcing immigration laws.
Homan’s Experience and Reality
Gil Kerlikowske, former head of U.S. Customs and Border Protection under Obama, said Homan has decades of experience and knows the deportation challenges and logistical challenges of mass deportation operations. Homan will carry out Trump’s immigration policies but he knows the limits and complexity of it.
Homan’s challenges:
Homan’s Idea: A Unified Government Response
Homan has said the role of “border czar” should coordinate an “all-government” approach to immigration strategy. He believes border control and enforcement requires multiple agencies and a comprehensive policy.
After leaving ICE Homan was initially asked to come back in 2019 as a “border czar” but he declined due to the structure of the role. Now with a clear mandate he can implement Trump’s immigration plan more effectively.
Homan and Trump’s Immigration Plan
With Homan as border czar, Trump’s administration is serious about its immigration enforcement strategy. Homan’s approach is about targeted deportation operations focused on the national security threats and risks but he hasn’t ruled out broader immigration enforcement.
As he takes office, Homan’s leadership will mean a tougher U.S. immigration policy. This will come with its own logistical challenges, financial requirements, and diplomatic hurdles, but that’s what Trump campaigned on – to secure the border and increase deportations.
Homan’s years of experience and practical knowledge of immigration enforcement will be crucial in implementing Trump’s plan as the administration tries to create an all-encompassing immigration strategy that prioritizes enforcement and reality.
A Look Back: Homan’s Impact on Immigration Under Trump’s First Term
Under the Trump presidency, Homan’s ICE removed the limits set by Obama’s administration which focused on deporting immigrants with criminal records. Homan expanded enforcement so anyone without legal status now is vulnerable to detention and removal.
Key policy changes under Homan:
Stephen Miller’s Influence
Miller has been a vocal immigration restrictionist, citing the impact of undocumented immigration on American jobs and public safety. At a recent Trump rally Miller spoke to supporters about the impact of immigration on American lives, blaming it for job losses and crime. He’s promised to continue to shape strict immigration policies under Chief of Staff Susie Wiles.
Top of the Trump Team
Miller was a senior advisor and speechwriter in Trump’s first term and was involved in the creation of several of Trump’s most unpopular immigration policies including the Muslim travel ban and family separation at the U.S.-Mexico border. His appointment means those policies will be resumed and maybe even increased.
Vice President-elect JD Vance tweeted: “Another great one”
Miller in Trump’s Second-Term Immigration Plan
Miller will be involved in Trump’s second-term immigration plan for mass deportations of undocumented immigrants. Throughout the 2024 campaign Miller was at many rallies speaking to crowds and pushing for “America First” policies.
He’s an immigration restrictionist and has supported increased immigration enforcement including detaining undocumented immigrants in holding centers while they await deportation.
Miller has been accused of using extreme language. At a Trump campaign rally at Madison Square Garden he said “America is for Americans and Americans only” and “We will restore America to the true Americans”. His comments have been criticized for being divisive and nationalist.
Ideas and Proposals
Over the years there have been multiple reports of Miller’s extreme suggestions to manage immigration:
These ideas whether true or not have made Miller a controversial figure in U.S. policy.
Racism and Restrictions
In 2019 emails surfaced where Miller was pushing white nationalist views to right-wing journalists. This prompted civil rights organizations and over 50 Democratic lawmakers to call for his resignation. They said his “deep seated racism” made him unfit for public office. Miller has denied these allegations.
Civil Rights Groups
Several civil rights groups wrote an open letter: “Stephen Miller has fanned bigotry, hate and division with his extreme rhetoric and policies throughout his career”. They told president Trump to fire Miller from the government.
Post-Administration: America First Legal Foundation
After Trump’s first term Miller founded America First Legal Foundation which he described as a conservative alternative to the ACLU. The group has filed over 100 lawsuits against the Democratic administration, against companies like Disney and Nike for being “woke”.
Project 2025 and Future Plans
Miller’s foundation is also involved in Project 2025 a 900 page policy document created by the Heritage Foundation and other conservative groups. Project 2025 is a comprehensive conservative agenda for a second Trump term including dismantling federal agencies, eliminating certain civil rights and reducing LGBTQ+ and reproductive rights.
Miller and Civil Rights: Addressing “Anti-White Racism”
According to Axios Miller has proposed a plan to the federal government change how civil rights laws are applied, focusing on “anti-white racism” not discrimination against minority groups.
If Trump gets back to the White House Miller and his team will shift the federal government’s stance on civil rights issues to counter alleged bias against white Americans.
January 6 Investigation
In 2022 Miller testified before the January 6 committee. He defended Trump’s language at the rally before the insurrection saying Trump’s use of the word “we” was a rhetorical device not an instruction to storm the Capitol.
Summary of Miller’s Influence and Role
Stephen Miller being appointed as Deputy Chief of Staff for Policy means Trump will continue to focus on hardline immigration and social issues. Miller is known for his extreme views and polarizing rhetoric and is one of the most influential voices in the administration on immigration and nationalist issues.
With Miller at the helm Trump’s policy team will focus on immigration enforcement, mass deportations and restrictive policies on immigration and civil rights. This means the administration is committed to the conservative “America First” agenda which has civil rights groups and immigrant communities worried about the social and humanitarian implications.
Going forward Trump’s administration with Miller on the team will have a very tight and restrictive immigration policy with a focus on reducing both legal and undocumented immigration.
Immigration concerns have led experts to say that the increased rhetoric on immigration will make the situation at the U.S.-Mexico border worse.
The International Organization for Migration has labeled the U.S.-Mexico border as one of the deadliest migrant routes with hundreds of migrant deaths.
Many fear Trump’s mass deportations and hardline approach will worsen the humanitarian crisis.
As new Trump administration cracks down on immigration, humanitarian organizations warn that the immigration crisis, along with stricter policies and aggressive deportation tactics, will make the situation for migrants even more dire.
Advocates say increased deportation operations will put migrants at greater risk and abuse of power.
Trump’s early appointments show he will prioritize loyalty and ahardline immigration strategy. By choosing Homan and Miller he is saying he will have a strict immigration policy.
With “Operation Aurora” and deportation crackdown talk Trump is saying he will act fast and big on immigration.
But his policies and rhetoric has human rights groups and immigration advocates worried about the impact on migrant communities and the U.S.-Mexico border.
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On November 7, 2024 A federal district court judge in Texas just blocked the Biden administration’s “Keeping Families Together” (KFT) program which allowed certain undocumented spouses of U.S. citizens to stay in the country, work legally and pursue green cards without fear of deportation.
This 74 page ruling is permanent, subject to appeal, and a big blow to the Biden administration’s immigration policy.
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, a Trump appointee in 2018, ruled that the administration exceeded its authority by implementing the program without congressional approval.
The district court judge’s decision came after a lawsuit was filed by 16 Republican-led states, led by Texas Attorney General Ken Paxton, which argued the policy imposed an undue burden on states by increasing the cost of public services.
In his opinion, Judge Barker said the Biden administration’s legal interpretation of immigration law “stretches the law past its breaking point.” He also denied a request from those who benefit from the program to intervene in the case to defend it.
The “Keeping Families Together” program which was launched in August 2024 was designed to help mixed-status families—where one spouse is a U.S. citizen and the other is undocumented—avoid long term separations.
This policy addressed the challenges faced by mixed-status families and was expected to impact 750,000 to 800,000 people.
Undocumented spouses have to leave the U.S. to apply for legal residency which can take years. The KFT program provided a pathway for these immigrant spouses to stay in the U.S. legally through a process called “parole in place.”
The KFT program provided deportation protections for undocumented spouses, allowing them to stay in the U.S. legally through a process called “parole in place.”
The Biden administration’s “Keeping Families Together” policy was supposed to support family unity and provide safety for undocumented spouses and stepchildren of U.S. citizens.
Under this program eligible individuals could apply for a green card without having to leave the U.S. to complete the process. The policy was supposed to reduce family separation caused by immigration backlogs and complex procedures.
Eligibility Requirements:
To be eligible you had to:
Key Facts of the KFT Program:
The lawsuit against the program started almost immediately after it was launched. Here’s the timeline:
These officials along with many Republican lawmakers argued that the Biden administration didn’t have congressional authority to do this policy.
They also argued that the program would put a strain on states’ budgets by adding more people eligible for public benefits.
They argued that Congress had not granted the executive branch the statutory authority to implement such a policy, highlighting concerns over executive overreach.
Judge Barker said the administration’s use of “parole in place” to grant status to undocumented spouses went beyond what the law allowed.
He said the rule focused on the benefits of legal status rather than the immediate presence of these individuals in the U.S. which is outside the scope of parole authority.
Judge Barker was appointed to the Eastern District of Texas by Trump in 2018 and installed as a district judge in 2019.
He has a history of ruling against Biden administration immigration policies. In 2021 he issued an injunction against the 100-day deportation pause, siding with Texas’s argument that the pause would cost the state more.
In this ruling he said the administration didn’t have the authority to do a program of this size without congressional approval.
A Court Friendly to Conservatives: Judge Barker sits on the Eastern District of Texas, a court where conservative states often file challenges to federal policies. This court has been the venue for many cases that test the limits of executive authority on immigration
The ruling fits into a larger political landscape where Biden administration policies are being challenged and blocked.
Trump’s Immigration Position: Throughout his campaign Trump repeated anti-immigrant talking points and promised to go after undocumented individuals. His win has heightened the anxiety in immigrant communities about what’s to come
This ruling is especially concerning for families who are worried about what’s next as President-elect Donald Trump gets back into office. Trump who ran on stricter immigration enforcement and “deportation nation” has promised to do even more on immigration than he did his first time around.
The end of the KFT program leaves hundreds of thousands of families in limbo. Without this program undocumented spouses will have to leave the U.S. to apply for legal status and face long periods of separation and uncertainty.
The ruling also highlights the complexities of relevant immigration law and the challenges faced by mixed-status families.
The ruling also shows the difficulties the Biden administration is having in doing immigration reform through executive action. Without legislative reform mixed-status families will continue to be at risk of separation and legal limbo.
This creates tremendous anxiety and stress for hundreds of thousands of families. Many are implementing steps to enhance their safety, and protect their children and assets.
This fits into a larger pattern of state-led challenges to federal immigration policies. Other big cases have shaped U.S. immigration policy and often tested federal authority and state economic interests. Here are some of them:
After Judge Barker’s ruling the administration will likely appeal. The case will go to the 5th U.S. Circuit Court of Appeals which handles Texas immigration cases and is quick to rule on them, usually within 3-6 months.
If the case gets to the Supreme Court it could take another 6-18 months for a final decision.
The KFT program shows the difficulties the Biden administration has in doing immigration policy through executive action alone. Without congressional support KFT and other programs are vulnerable to legal challenges and political change.
Now immigrant families wait. And prepare. Read this Guide on Safety Planning for Immigrant Families.Top of Form
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