WR Immigration News Digest

Jul 16, 2025 | Immigration Updates

Judge Blocks Birthright Citizenship Ban for Children of Noncitizens

On July 10, 2025, a federal judge issued a preliminary injunction blocking enforcement of a Trump administration executive order that sought to deny U.S. citizenship at birth to children born on or after February 20, 2025, to certain noncitizen parents. The order targeted families where the mother was either undocumented or present on a temporary visa, and the father was not a U.S. citizen or green card holder.

The court certified a class of impacted children and found the policy likely violates the Fourteenth Amendment, which has guaranteed birthright citizenship for over a century. The judge emphasized the potential for immediate and irreversible harm if the order were enforced.

Impact: This ruling temporarily protects U.S. birthright citizenship nationwide for children of foreign national employees on temporary visas. Employers should monitor developments, as changes could affect dependent eligibility, assignment planning, and long-term workforce mobility strategy.

DHS Ends TPS for Honduras and Nicaragua

On July 7, 2025, the Department of Homeland Security announced it will terminate Temporary Protected Status (TPS) for nationals of Honduras and Nicaragua, effective September 8, 2025 – 60 days after official notice in the Federal Register. After that date, TPS holders from these countries will lose their protected status and work authorization in the U.S.

The government is offering limited support for voluntary departures, including complimentary flights, a $1,000 exit bonus, and potential eligibility for future legal immigration pathways via the CBP One app.

Impact: Employers should assess work authorization risks for affected employees and prepare for potential disruptions. Impacted individuals may need alternative immigration solutions or transition plans to remain work-authorized in the U.S. beyond September 8.

DOJ Increases Fines for Immigration-Related Violations

Effective July 3, 2025, the Department of Justice issued a final rule increasing civil penalties for a range of immigration-related violations. The updated fines apply retroactively to violations occurring after November 2, 2015, under the Bipartisan Budget Act.

Increased penalties affect violations such as:

  • Hiring unauthorized workers
  • Failing to act on final E-Verify nonconfirmations
  • Committing document fraud
  • Engaging in unfair immigration-related employment practices

Impact: Employers should ensure strict compliance with Form I-9 and E-Verify processes and review internal protocols to minimize risk. Higher penalties increase legal and financial exposure for noncompliance across immigration and HR functions.

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My I-526E for an Investment in a Rural Project Has Been Approved in 3-4 Months – Now What?

By Joey Barnett The EB-5 Reform and Integrity Act of 2022 (“RIA”) created new EB-5 reserved visa set-aside categories which allow certain visa bearing nonimmigrants lawfully in the U.S. to concurrently file an adjustment of status application on Form I-485 with the Form I-526E, Immigrant Petition by Regional Center Investor. The U.S. Citizenship and Immigration Service (“USCIS”) has also heeded Congress’ directive to prioritize the processing and adjudication of EB-5 petitions for investment projects located in rural area, and USCIS has approved several Forms I-526E in as quick as 3-4 months!  Some adjudications on Forms I-526E for investments in a “High Unemployment Area” are taking “only” 12-14 months.  This “last-in-first out” LIFO approach to processing post-RIA cases is frustrating to investors who filed petitions in 2019 (or in some cases 2018) before the Regional Center program lapsed in June 2021. WR Immigration has filed hundreds of Forms I-526E and have already received dozens of approvals.  Here are next steps for the immigrant investor and his/her family. 1.                Form I-526E Approval Notice.  The Form I-797C, Notice of Action indicates that the Form I-526E has been approved for one or more visa classifications and lists two visa categories – both reserved and […]

Immigration Update

Please see below for updates and changes from SSA, DHS, ICE and CBP! SSA Ends “No-Match” Letters Good news!  The Social Security Administration (SSA) has ended the practice of sending employers “no-match” letters, called Employer Correction Request Notices. SSA said it will instead work to make it better, easier and more convenient for employers to report and correct wages electronically. The letters, which inform employers when W-2 information doesn’t match SSA’s records, were discontinued in 2012 but resurrected in March 2019. Advocates had asked the agency to eliminate the letters, which they said caused problems such as workers losing their jobs due to mistakes in the database. DHS to Make Additional 22,000 Temporary Non-Agricultural Worker Visas Available In light of increased labor demands, the Department of Homeland Security (DHS) announced a supplemental increase of 22,000 visas this fiscal year for the H-2B Temporary Non-Agricultural Worker program. DHS said the additional visas will be made available in the “coming months” via a temporary final rule. Six thousand of these visas will be reserved for nationals of the Northern Triangle countries of Honduras, El Salvador, and Guatemala, DHS said. The additional visas will only be made available to employers that attest that, […]