U.S. Immigration Weekly Recap

• Non-immigrant Visa Interview Program Changes:

  • As of this past week, US Embassies and Consulates worldwide have been limiting and eliminating non-immigrant visa waiver programs. The programs appear to have been strictly limited to those who are applying for the same visa type, and have a valid visa or one expiring in the previous 12 months. Previous allowances were made for those meeting specific criteria, and applying for new visa types and those with visas that expired in the last 48 months. The new guidance, reverting back to pre-Covid practices, will require applicants to schedule and attend an in-person appointment at an embassy. Certain embassies remain severely backlogged- so applicants are recommended to plan ahead and remain flexible.

• State Department Updates on U.S. Passport Sex Marker:

  • On February 11^th, the State Department announced their new directive, to no longer issue US passports or CRBAs with an X for the sex marker, previously permitted in addition to an F or M marker. This guidance was implemented in line with the President Trump’s January 20 executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”. Current, valid passports with an X marker will remain valid until their expiration date. New applications need to now match the applicant’s biological sex at birth, or applicants may experience delays in passport issuance. A lawsuit has already been filed in Massachusetts federal district court challenging the January 20 executive order.

• Trump Administration fires over 400 Department of Homeland Security employees and 20 immigration judges:

  • In line with the current government initiative to drastically refuse the federal workforce, on February 14^th, the Trump Administration fired over 400 Department of Homeland Security employees- including those within CISA (Cybersecurity and Infrastructure Security Agency), FEMA (Federal Emergency Management Agency), and USCIS (U.S. Citizenship and Immigration Services). The employees included those on probationary periods and new hires, however, the agencies have stated top recruits and others were also included. USCIS, in particular, is 95% self-funded, with only 4% coming from congressional appropriation- thus leading to confusion from USCIS leadership on the dismissals. There were no firing within CBP (Customs and Border Protection) and ICE (Immigration and Customs Enforcement)- the two primary agencies that are assisting with President Trump’s crackdown in immigration. The 20 judges that were fired included those whom had yet to be sworn in, amongst others. Immigration courts remain severely backlogged with around 3.7 million cases awaiting adjudication.

While not necessarily an update to US immigration, it’s noteworthy that on February 10^th, Pope Francis issued a letter to Bishops in the US regarding the mass deportation policies.  The Pope urged Bishops to remain welcoming and nonjudgmental to migrants and restrict discriminatory narratives. The next day, February 11^th, 27 religious groups filed a second suit against the Turmp Administration to stop ICE from entering houses of worship for immigration raids.  The religious groups include Baptists, Conservative and Reform Jews, United Methodists, Quakers, and more.

Please feel free to reach out to Aryanah Eghbal ([email protected]) with questions or concerns regarding the impact of these updates and how to navigate the changing immigration landscape.

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