Immigration Update
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Discussion
Changes to the immigration status of United States workforce continue to occur at the federal level. Below is a summary of the most recent developments.
U.S. Supreme Court Restricts Application of Injunctions on Executive Order Limiting Birthright Citizenship
On June 27, 2025, the United States Supreme Court ruled that lower courts who issued nationwide injunctions against the Executive Order limiting birthright citizenship exceeded their authority. Executive Order No. 14160, issued January 20, 2025, sought to remove birthright citizenship for those born to mothers unlawfully present in the U.S. or on temporary visas unless the child’s father is a lawful permanent resident or U.S. citizen, effective February 19, 2025. Legal challenges immediately followed, with plaintiffs arguing that the Executive Order violates the Fourteenth Amendment’s Citizenship Clause and Nationality Act of 1940. Several lower courts issued nationwide injunctions against the implementation of the Executive Order while the underlying cases worked their way through the judicial process.
In reaching its ruling, the Court looked to whether a universal injunction is justified as an exercise of equitable authority. First, the Judiciary Act of 1789 did not grant federal courts this power. Citing precedence, the Court “has held that the statutory grant encompasses only those sorts of equitable remedies ‘traditionally accorded by courts of equity’ at our country’s inception.” Second, universal injunctions were also not similar to any relief available in the Court of Equity in England at the time of the U.S.’s founding. Early U.S. federal court cases did not deviate from the English approach and also only issued relief benefitting the named plaintiff. As a result, the Executive Order cannot be enforced against the specific plaintiffs (e.g., states, organizations and individuals) who have brought challenges, but it may be applied elsewhere while pending further action.
In its ruling, the Court made clear that it was not addressing the constitutionality of the Executive Order, and only whether the nationwide injunctions were broader than necessary and exceeded the lower courts’ authority. Employers will need to continue monitoring the status of the underlying cases at issue as the constitutionality of the Executive Order is addressed during the course of litigation.
Social Media Screening for Student and Exchange Visitor Visas
After temporarily pausing processing of F, M, and J nonimmigrant visas, the U.S. Department of State released new guidance on its enhanced social media screening and vetting. F and M visas are student visas while J visas are exchange visas, typically issued to visiting teachers or professors at institutions of higher education. The Announcement of Expanded Screening and Vetting for Visa Applicants issued June 18, 2025, instructs these specific visa applicants to set their social media privacy settings to “public” for screening based on national security interests. The cited reason is to make sure the visa process does not approve for admission those who intend to “harm Americans and our national interests, and that all applicants credibly establish their eligibility for the visa sought, including that they intend to engage in activities consistent with the terms for their admission.” The guidance also states that previously paused visa application interviews will also resume scheduling.
Administrative Pause Lifted for Ukraine and FRP Parolees with Termination Notices for CHNV Parole Program
On June 9, 2025, USCIS instructed its officers to proceed with adjudicating “all pending benefits request filed by aliens who are or were paroled into the United States under Uniting for Ukraine (U4U), the parole processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV Parole Program), and Family Reunification Parole (FRP) processes to a final agency action.” This instruction complies with a court order from the U.S. District Court for the District of Massachusetts that required USCIS to resume nationwide processing of immigration benefits applications from the above-named program beneficiaries. This means applicants can receive additional benefits like work permits, adjustment of status, TPS designation, asylum approval, or continued maintenance of parole status, pending application approval. However, on June 17, 2025, DHS began sending termination notices via email for Cubans, Haitians, Nicaraguans, and Venezuelans under the CHNV Parole Program. These notices revoke parole status and work authorization effective immediately. Employers enrolled in E-Verify will receive notification after logging into their accounts and generating a Status Change Report. If an employment authorization document (EAD) was revoked, employers should use Supplement B to reverify employees who can provide another valid EAD. This is in line with a May 30, 2025 ruling from the U.S. Supreme Court in Noem v. Svitlana Doe lifting the U.S. District Court for the District of Massachusetts’s April 14, 2025 preliminary injunction that blocked termination of the CHNV program.
Termination of Haiti TPS Protections Blocked
On July 1, 2025, USCIS published the Termination of the Designation of Haiti for Temporary Protected Status. Citing a review of country conditions, USCIS determined Haiti no longer continues to meet the conditions for Temporary Protected Status (TPS) designation and will terminate TPS as of September 2, 2025 instead of the February 3, 2026 extension date provided by the Biden Administration. There was an immediate legal challenge, and also on July 1, the U.S. District Court for the Eastern District of New York temporarily blocked the termination. The court stated that the Secretary of the Department of Homeland Security exceeded her authority by announcing early termination of the program. This ruling is expected to be appealed.
Action Items
- Reverify work authorization for Form I-9 for expiring or expired EADs.
- Review business operations for impacts due to delays caused by enhanced screening and vetting of visa applicants.
- Consult with legal counsel regarding workers with expired or terminated work authorization.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase