By Cyrus D. Mehta and Kaitlyn Box* The Proclamation banning H-1B workers unless a $100,000 fee is paid is so blatantly unlawful that it rewrites parts of the INA. However, a successful challenge to the proclamation – after the Supreme Court upheld Trump’s travel ban for nationals of mainly Muslim countries under INA 221(f) in Trump v. Hawaii […]
By Cyrus D. Mehta and Kaitlyn Box* The Trump Administration has been creatively finding ways to put obstacles in the path of people applying for US citizenship and other immigration benefits. In this latest obstacle, broad and amorphous terms such as “anti-Americanism” and “good moral character” have been deployed as ways to evaluate, and perhaps […]
The recent trend of issuing a Notice to Appear (NTA) to terminated H-1B workers – even within their 60-day grace period – has created new ethical challenges for immigration attorneys who often represent both employer and employee.[1] The NTA is the document that begins removal proceedings. The removal proceeding against the H-1B worker is initiated […]
The USCIS has issued an Implementation Plan to end birthright citizenship under Executive Order 14160, Protecting the Meaning and Value of American Citizenship. See 90 Fed. Reg. 8449 (2025) (E.O.). The E.O. provides that the following categories of individuals will no longer be considered to be born “subject to the jurisdiction” of the United States […]
On June 27, 2025, in a case implicating President Trump’s Executive Order (EO) on birthright citizenship, the U.S. Supreme Court issued a decision limiting federal courts’ ability to issue nationwide injunctions blocking EOs and broad national policies. It explained that in such cases, courts should normally only block federal policies for the individuals or organizations […]
On June 18, 2025, the Department of State resumed visa processing for new and returning students and exchange visitors (F, M, and J nonimmigrants) but announced enhanced social media and online presence screening and vetting procedures. All applicants for F, M, and J nonimmigrant visas will be instructed to adjust the privacy settings on all […]
In the wake of a wave of dozens of lawsuits and emergency court orders following sudden revocations of the visas of foreign students and scholars and deletion of thousands of Student and Exchange Visitor Information System (SEVIS) records by the Department of Homeland Security (DHS) without notice or explanation, which have thrown foreign students’ lives […]
By Cyrus D Mehta and Kaitlyn Box* Introduced by the Supreme Court in West Virginia v. EPA, 142 S. Ct. 2587 (2022), the major questions doctrine holds that, “in certain extraordinary cases” where it is unclear whether an agency action was authorized by Congress, “given both separation of powers principles and a practical understanding of […]
By Cyrus D. Mehta and Kaitlyn Box* On April 11, 2025, Immigration Judge Jamee Comans in Louisiana ruled that Mahmoud Khalil, a Columbia University graduate and pro-Palestine activist, can be deported. Judge Comans stated that “the department has met its burden to establish removability by clear and convincing evidence”, referring to Rubio’s letter. She also […]
By Cyrus D. Mehta and Kaitlyn Box* The Department of State has revoked the visas of hundreds of students in recent weeks. This disturbing measure comes after the Trump administration has taken numerous actions targeting students involved in pro-Palestine protests for immigration enforcement actions in recent weeks, including the arrest of student activist Mahmoud Khalil, who […]
