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• Supreme Court Decision Raises Reentry Risks for Some Green Card Holders
• Supreme Court Affirms Birthright Citizenship Protections
• DHS Finalizes Foreign National Registration Rule
• USCIS Updates TPS Guidance for Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen
• India Launches Digital OCI Card System

Supreme Court Decision Raises Reentry Risks for Some Green Card Holders

The U.S. Supreme Court has issued a significant decision affecting lawful permanent residents who travel internationally while facing criminal charges or certain unresolved criminal matters. In Blanche v. Lau, the Court held that the Department of Homeland Security may parole a returning green card holder into the United States and later rely on evidence developed after reentry, including a subsequent criminal conviction, to support removal proceedings.

The ruling clarifies that immigration officers are not required to possess clear and convincing evidence of a disqualifying offense at the time an individual seeks admission at a U.S. port of entry. Instead, that evidentiary burden applies later during removal proceedings.

The decision does not change the grounds of inadmissibility or deportability under immigration law. However, it broadens DHS’s flexibility in handling returning lawful permanent residents whose criminal matters remain unresolved.

The ruling may have important implications for green card holders who:

• Have pending criminal charges or ongoing investigations
• Are considering international travel before criminal matters are resolved
• Are negotiating plea agreements that could carry immigration consequences

The Court’s decision underscores the close relationship between criminal and immigration law and highlights the importance of evaluating immigration consequences before traveling abroad or resolving a criminal case.

Impact: While most lawful permanent residents will not be affected, those with pending criminal issues should exercise caution before traveling internationally. Employers with globally mobile permanent resident employees should encourage pre travel immigration reviews whenever criminal allegations or unresolved legal matters could affect reentry into the United States.

Supreme Court Affirms Birthright Citizenship Protections

The U.S. Supreme Court has ruled that the Constitution guarantees birthright citizenship for nearly all children born in the United States, striking down an Executive Order that sought to deny citizenship to children born to undocumented immigrants and parents holding temporary nonimmigrant visas.

The Court concluded that the Executive Order conflicted with the Citizenship Clause of the Fourteenth Amendment and reaffirmed more than a century of constitutional precedent established in United States v. Wong Kim Ark (1898). The ruling confirms that, with limited historical exceptions, a child’s citizenship is determined by birth in the United States, regardless of a parent’s immigration status.

The decision preserves the longstanding legal framework governing citizenship and prevents changes that would have fundamentally altered immigration and civil registration practices nationwide. As a result:

• Children born in the United States to parents in temporary visa classifications such as H-1B, L-1, F-1, J-1, TN, O-1, E, and B-1 or B-2 remain U.S. citizens at birth.
• Existing procedures for issuing birth certificates and recognizing U.S. citizenship remain unchanged.
• No additional parental immigration documentation or verification will be required to establish citizenship at birth.

The ruling also provides clarity for employers sponsoring foreign national employees, as it preserves long standing expectations for families relocating to the United States under temporary work or study visas.

Impact: The decision provides significant certainty for employers, foreign national workers, students, and their families by preserving the constitutional framework governing birthright citizenship. It also reinforces that changes to the definition of U.S. citizenship cannot be made through executive action alone.

DHS Finalizes Foreign National Registration Rule

The Department of Homeland Security has finalized its foreign national registration rule, permanently adopting the online registration process introduced in 2025 while clarifying who must register and who is already considered compliant. The rule does not create new registration requirements but provides important guidance for travelers, families, and employers.

One of the most significant updates confirms that admission through Trusted Traveler Programs, including Global Entry, NEXUS, SENTRI, and FAST, satisfies the federal registration requirement. Individuals admitted through these programs are not required to complete the separate online Form G 325R registration process.

The rule also clarifies that most foreign nationals already meet the registration requirement through existing immigration documentation, such as a visa admission, Form I 94, Employment Authorization Document, lawful permanent resident status, or certain immigration applications. However, DHS reaffirmed that foreign national children who turn 14 while in the United States generally must re-register within 30 days if they will remain in the country for at least 30 more days.

In addition, DHS is seeking public comment on several possible future changes, including expanding the list of immigration filings that automatically satisfy registration requirements and modifying biometric procedures for certain travelers. The comment period remains open through August 28, 2026.

Impact: The final rule provides greater clarity rather than imposing broad new obligations. Employers and foreign nationals should understand that most individuals are already considered registered, while certain Canadians, individuals who entered without inspection, and foreign national children turning 14 should carefully review their compliance responsibilities to avoid potential immigration or criminal penalties.

USCIS Updates TPS Guidance for Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen

U.S. Citizenship and Immigration Services has issued updated guidance for Temporary Protected Status beneficiaries from Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen following ongoing federal court orders that continue to pause the termination of each country’s TPS designation. The updates supersede prior agency guidance and provide revised employment authorization and Form I 9 instructions for affected individuals and employers.

Although DHS previously determined that TPS should end for all three countries, federal district courts stayed those terminations while litigation continues. USCIS has now confirmed that qualifying Employment Authorization Documents issued under each country’s TPS designation remain temporarily valid “per court order”.  The expiration dates provided by SAVE and E-Verify are for placeholder purposes only and not for the actual end date of employment authorization.

For employers, the updated guidance is consistent across all three countries:

• Enter “as per court order” in Section 1 of Form I 9
• Enter July 10, 2026 as the expiration date in Section 2, along with a note in the Additional Information field
• Use July 10, 2026 as the expiration date when creating E Verify cases
• Retain the applicable USCIS TPS alert or country webpage with the employee’s Form I 9 records

USCIS emphasized that these extensions represent temporary relief while the district courts consider the impact of the U.S. Supreme Court’s recent decision in Mullin v. Doe. Additional updates may follow depending on future court rulings.

Employers with TPS beneficiaries from Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen should regularly monitor USCIS announcements, as employment authorization guidance may change with little notice.  It is also important to note that the U.S. Supreme Court issued a decision on June 25 regarding Haiti and Syria.  While the Supreme Court’s ruling will result in the termination of TPS for Haiti and Syria, the lower courts still need to take action before employment authorization for these TPS countries is ended.

Impact: The updated guidance allows eligible TPS beneficiaries from Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen to continue working temporarily while litigation remains pending. Employers should update Form I 9 and E Verify records as instructed and continue monitoring USCIS announcements for any changes that could affect employment authorization after July 10, 2026.

India Launches Digital OCI Card System

India has introduced a new Electronic Overseas Citizen of India (e OCI) Card, marking a significant step toward modernizing immigration services for the global Indian diaspora. The initiative replaces many paper based processes with a fully digital platform designed to simplify document management and improve the travel experience for OCI cardholders.

Under the new system, eligible individuals can complete the OCI process online, from submitting applications and supporting documents to downloading a digital OCI card after approval. Existing OCI cardholders may also be able to obtain an e OCI without submitting a new application or undergoing additional in person verification in many cases.

The reforms also eliminate one of the most common administrative burdens for OCI holders. Previously, individuals who received a new passport after turning 20 generally had to obtain a new OCI booklet. Under the updated framework, cardholders can instead update their passport details online without replacing the OCI document.

The government has stated that the digital platform will strengthen record management, support real time verification at airports, and reduce delays associated with lost or damaged OCI booklets. Each e OCI holder will also receive a unique registration number to support centralized tracking and verification.

The rollout is expected to continue in phases, with additional implementation guidance anticipated as the system expands.

Impact: The new e OCI platform is expected to simplify compliance and reduce administrative burdens for OCI cardholders while supporting faster immigration processing. As implementation continues, travelers should monitor official guidance to understand how digital OCI documents will be recognized across Indian missions and ports of entry.