AILA Announcements
Join AILA's web seminar on January 28, 2025, to prepare for the FY 2026 H-1B cap season. Expert panelists will discuss the "beneficiary-centric" selection process, updated Standard Occupational Classification (SOC) categories, prevailing wage issues, and strategies for filing cap-subject cases.
Federal Agencies, Agency Memos & Announcements, Immigration News
USCIS had announced reversal of the COVID-19 vaccines requirement effective 1/22/2025. The USCIS Policy Manual has not been updated as of the date of this practice alert.
Amicus Briefs/Alerts
AILA's brief argues that Petitioner should remain eligible for non-LPR Cancellation of Removal where her child was under 21 at the time of the individual hearing, even though her child later turned 21 while waiting for the grant to issue due to the backlog in issuing cancellation grants.
Federal Agencies, Agency Memos & Announcements
Acting DHS Secretary issued a finding, among other things, that “an actual or imminent mass influx of aliens is arriving at the southern border” and “presents urgent circumstances requiring an immediate federal response.” This finding is effective immediately and expires in 60 days, unless extended.
Practice Resources
A new DHS memo has significant implications for any clients who entered on parole and how DHS plans to implement the recent executive order that expanded expedited removal to include noncitizens who entered in the past two years and are in the interior of the U.S.
Federal Agencies, Agency Memos & Announcements
DHS announced that on 1/23/25 Acting DHS Secretary Benjamine Huffman issued a directive giving DOJ law enforcement officials in the U.S. Marshals, DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Prisons “authority to investigate and apprehend illegal aliens.”
Federal Agencies, Agency Memos & Announcements
DHS announced that it is restarting the Migrant Protection Protocols (MPP) immediately, stating that “the situation at the border has changed and the facts on the ground are favorable to resuming implementation of the 2019 MPP Policy.”
Federal Agencies, Agency Memos & Announcements
DHS announced that on 1/20/25 Acting DHS Secretary Benjamine Huffman issued two directives, the first rescinding prior guidelines for ICE and CBP enforcement in or near protected areas, and the second ending “the broad abuse of humanitarian parole” and returning the program to a case-by-case basis.
Federal Agencies, Agency Memos & Announcements
Acting DHS Secretary Benjamine Huffman issued a memo to ICE, CBP, and USCIS titled, “Guidance Regarding How to Exercise Enforcement Discretion” that outlines how to exercise enforcement discretion in implementing two new policies.
Agency Memos & Announcements
The newly established partnership between U.S. CBP and Australia for purposes of Global Entry (GE) will allow for faster processing upon entry. Approved applicants may utilize GE processing technology such as the GE Mobile Arrival App and benefits of TSA PreCheck, if eligible.
Federal Agencies, Agency Memos & Announcements
This executive order (EO) revokes certain existing artificial intelligence (AI) policies and directives following the revocation of a 10/30/23 EO that recommended policies to facilitate access to O-1, EB-1, EB-2, and entrepreneur parole visa options for foreign nationals with AI expertise.
Tutorial Videos, Professional Resources
“Don’t forget to breathe.” People say this all the time, but it is amazing how we forget our breath in the midst of chaos. Watch this short video by Ritu Goswamy, an AILA member and lawyer consultant, to learn an exercise to center oneself anywhere, anytime.
Policy Briefs
AILA National provides summaries and analysis of each of President Trump's executive orders that impact the practice of immigration law. For questions, please contact Greg Chen gchen@aila.org or Shev Dalal-Dheini SDalal-Dheini@aila.org.
1/24/25
AILA Doc. No. 25012113.
Professional Resources
When it appears that prior counsel may have violated Rules of Professional Conduct and provided ineffective assistance to a client during removal proceedings, this can raise ethics questions for successor counsel. Find answers to these questions in this helpful ethics article by Matthew Blaisdell.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 24, 2025.
1/24/25
FR Regulations & Notices
DHS notice titled “Designating Aliens for Expedited Removal” rescinding a prior 3/21/22 notice and restoring the scope of expedited removal to the fullest extent authorized by Congress. The designation is effective as of 6:00pm (ET) on 1/21/25. (90 FR 8139, 1/24/25)
Chapter Documents
Texas Chapter Spring Conference
April 9 - 11, 2025
Hilton Guadalajara Midtown
Guadalajara, Mexico
This event is being presented by AILA's Texas Chapter. This event is not being organized by the AILA National Office.
1/24/25
AILA Doc. No. 25012400.
Practice Resources
The American Immigration Council and the National Immigration Project have issued a new practice advisory, “Stays of Removal.” A stay of removal prevents the Department of Homeland Security (DHS) from deporting a noncitizen from the United States.
AILA Announcements
Join AILA's web seminar on Feb 6, 2025, to explore citizenship and residence options in Malta, Portugal, Greece, Antigua, and Panama. Learn about inve
Federal Agencies, Agency Memos & Announcements
ICE Acting Director Caleb Vitello issued a memo, “Terminology for Communications Materials and Internal and External Communications,” that supersedes and rescinds a 4/19/21 memo and directs ICE employees to use the lexicon consistent with the INA and the language historically used by the agency.
Federal Agencies, Agency Memos & Announcements
Acting ICE Director Caleb Vitello issued a memo (ICE Directive 11072.3) providing interim guidance on civil immigration enforcement actions in or near courthouses. The guidance is effective immediately and remains in effect until superseded.
Cases & Decisions, Federal Court Cases
U.S. District Judge John C. Coughenour issued a temporary restraining order fully enjoining defendants from enforcing or implementing Sections 2(a), 3(a), and 3(b) of President Trump's executive order on birthright citizenship. (State of Washington, et. al. v. Donald Trump, et al., 1/23/25)
AILA Blog
In this blog post, read a recap of the President's Day One actions on immigration and why we need “an orderly and efficient system that serves the nation, recognizes the indispensable economic benefits of migration, reinforces the rule of law, and maintains due process and fairness.”
1/23/25
AILA Doc. No. 25012302.
Federal Agencies, Agency Memos & Announcements
This executive order directs the Secretary of State, within 30 days, to submit a report to the President on the designation of Ansar Allah as a foreign terrorist organization (FTO), and within 15 days after submitting the report, to take all appropriate action to designate Ansar Allah as an FTO.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 23, 2025.
1/23/25
Federal Agencies, Agency Memos & Announcements
USCIS announced that, effective 1/22/25, it is waiving any and all requirements that applicants for adjustment of status to that of a lawful permanent resident (LPR) present documentation on their Form I-693 that they received the COVID-19 vaccination.
Practice Resources
DHS announces extension of deferred enforced departure for Hong Kong residents for twenty-four months.
AILA Announcements
Join AILA's web seminar on Feb. 11, 2025, from 2–3:30 PM ET, to explore advanced L-1 strategies for multinational managers, executives, and specialists. Learn about key definitions, documentation tips, and crafting effective petitions to overcome high denial rates and RFEs.
Practice Resources
In an effort to provide members with guidance on using the new Form ETA 9089, AILA’s DOL Liaison Committee provides this overview of the requirement to document the business necessity of a foreign language requiremnt in the labor certification process.
Professional Resources
This week’s Practice Success Tip gives over 50 real uses for generative artificial intelligence that are safe and help save time and energy in an immigration law practice. Look for uses that can benefit you.
AILA Announcements
Join AILA's web seminar on February 4, 2025, from 2:00 to 3:30 PM ET, to learn best practices for successful employment-based adjustment of status (AOS) interviews. Experienced practitioners will share invaluable guidance based on decades of legal representation at USCIS interviews.
Press Releases
In this statement, AILA President Kelli Stump and ED Ben Johnson responded to the passage of the Laken Riley Act by Congress, noting that the “legislation will not ensure or improve public safety... it fails to offer any substantive policy solutions that would have any positive measurable effect.”
1/22/25
AILA Doc. No. 25012209.
Federal Agencies, Agency Memos & Announcements
Following President Trump's executive order, which ended CHNV, CBP's Carrier Liaison Program alerts carriers of potential fines for any failure to follow the new guidance.
AILA Announcements
Join AILA's web seminar on January 30, 2025, to explore electronic filing for family and humanitarian-based cases. Panelists will discuss setting up and managing myUSCIS accounts, navigating the system, and leveraging the platform’s capabilities to enhance efficiency and client service.
AILA Announcements
Join AILA leadership on January 31, 2025, for a video roundtable discussing immigration-related changes in the second week of the Trump Administration. This session offers AILA members a platform to share initial responses, strategize, and identify issues for further exploration.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 22, 2025.
1/22/25
Client Flyers
This flyer provides important information for clients regarding their constitutional rights in the U.S. If ICE agents come to your door, you don’t have to let them in without a valid warrant. You can remain silent, refuse to show ID, and request a lawyer before signing any documents.
Federal Agencies, Agency Memos & Announcements
CBP announced removal of the scheduling functionality within the CBP One mobile application, effective 1/20/25, at 12:00pm (ET). Previously, noncitizens were able to submit advanced information and schedule appointments at eight southwest border ports of entry. All appointments have been cancelled.
Federal Agencies, Agency Memos & Announcements
DOS announced that it is imposing visa restrictions under INA §212(a)(3)(C) that target multiple senior executives of travel agencies operating in Europe and Asia for knowingly facilitating irregular migration to the United States.
Professional Resources
This is the weekly hypothetical from the AILA Ethics Compendium, reflecting real-life situations from immigration law practice.
This scenario discusses when a failure to provide a refund of an advance fee may be deemed the charging or collecting of an unreasonable fee.
FR Regulations & Notices
Advance copy of DHS notice titled “Designating Aliens for Expedited Removal,” which rescinds a prior 3/21/22 notice and restores the scope of expedited removal to the fullest extent authorized by Congress. The notice will be published in the Federal Register on 1/24/25.
AILA Announcements
Registration is open for Spring 2025! Spanish for Lawyers – Advanced offers a 10-week deep dive into immigration law terminology. With live weekly virtual classes, exercises, and discussions, it runs March 3–May 9, 2025. Build skills with expert guidance—register now!
Practice Resources
This page tracks select changes to immigration-related regulations and policy that have been proposed or promulgated by the second Trump Administration. AILA has created this page in preparation of President Trump taking office. We will begin adding items to it on Monday, January 20, 2025.
1/21/25
AILA Doc. No. 25011701.
Professional Resources
Avoiding mistakes in practice is a part of doing business. Don’t bury your head in the sand or become a worrywart. Invest your energy where practice errors are most likely to occur, and make practical changes to decrease your risk, with this top 10.
Federal Agencies, Agency Memos & Announcements
This EO aims to revert policies on gender identity across all aspects of the government, including by no longer allowing an individual to select their gender identity on government issued documents such as passports, visas, and Global Entry cards.
Federal Agencies
This executive order requires the Secretary of State to issue guidance bringing the Department of State’s policies, programs, personnel, and operations in line with an America First foreign policy.
1/21/25
AILA Doc. No. 25012109.
Practice Resources
On January 20, 2025, President Donald Trump signed the Executive Order “Initial Rescissions of Harmful Executive Orders and Actions” (“Initial Rescissions”). This Executive Order rescinds a number of Biden executive orders, many of which had in turn rescinded a Trump 1.0 executive order.
1/21/25
AILA Doc. No. 25012108.
Admissions & Border, Asylum, Business Immigration, Consular Processing, Crimes, Detention & Bond, Expedited Removal, Family Immigration, Humanitarian Parole, Naturalization & Citizenship, Prosecutorial Discretion, Removal & Relief
Federal Agencies, Agency Memos & Announcements
This EO revokes Biden proclamations on enforcement, border processing, and family reunification, among others, and further calls for actions related to interior enforcement, removal, expedited removal, detention, NGO funding, federal-state agreements, civil fines, visa bonds, public benefits, etc.
Immigration News, Featured Issues
AILA's CBP OFO Committee provides an update on the CBP One application functionalities post the recent executive order to cease use of the application to facilitate entry into the U.S.
Federal Agencies, Agency Memos & Announcements
This EO calls for a number of DHS and DOD measures, including physical barriers; increased border personnel; expanded detention; Remain in Mexico policies; ceasing use of CBP One; terminating parole programs; DNA and ID requirements; increased prosecutions of border-related crimes; and more.