U.S. Immigration Alerts

FGI FIVE: U.S. Immigration News Summary – Week of June 27, 2025

Supreme Court ruling limits nationwide injunctions in birthright citizenship case

• The Supreme Court on Friday limited the ability of federal judges to temporarily pause President Trump’s executive orders, a major victory for the administration. 
• The justices made no ruling on the constitutionality of his move to end birthright citizenship, and they stopped his order from taking effect for 30 days.
• The ruling means that the practice of extending citizenship to the U.S.-born children of undocumented immigrants and some temporary residents and visitors would end in the 28 states that have not challenged the measure.
• Civil and immigrant rights activists, advocates and lawyers on Friday denounced the Supreme Court decision on birthright citizenship as a major blow to long-settled constitutional law, saying it would create chaos and a dangerous patchwork of rights across the nation.

SOURCE: New York Times, June 27, 2025: www.nytimes.com/live/2025/06/27/us/birthright-citizenship-supreme-court

E-Verify employers now required to identify terminated work authorizations

• On June 20, 2025, the Department of Homeland Security (DHS) launched a new report to allow employers to identify E-Verify cases with Employment Authorization Documents (EADs) that have been revoked.
• DHS may terminate parole and revoke aliens’ EADs at any time. Employees with revoked EADs may still possess an EAD that appears valid, although their employment authorization has been revoked.
• E-Verify will no longer provide case alerts for EADs that have been revoked. Instead, employers should generate the Status Change Report upon logging in to E-Verify.
• The new Status Change Report allows E-Verify employers to review cases for any employees who presented an EAD for employment verification which has now been revoked by DHS. Instructions on how to access the report can be found by following the link: https://www.e-verify.gov/about-e-verify/whats-new/new-status-change-report-for-e-verify-users-following-parole-termination 
• The guidance further states that employers should not create a new E-Verify case in the event an employee appears on a Status Change Report. Rather, E-Verify employers must use Form I-9, Supplement B, to immediately begin reverifying each current employee whose EAD the Status Change Report indicated was revoked, or after your employee voluntarily discloses to you that their EAD has been revoked, and complete all reverifications within a reasonable amount of time.” 
• In such situations, employees may still be authorized to work in the United States based on another status or provision of law and may provide other acceptable Form I-9 documentation to the employer to demonstrate employment authorization.
• E-Verify will continue to provide Case Alerts for EADs that are expiring regularly and not as a result of changes in temporary status protections or similar programs.

SOURCE: www.e-verify.gov/about-e-verify/whats-new/new-status-change-report-for-e-verify-users-following-parole-termination

Consulates requiring DS-160 submission at least two business Days before interview and appointment notice barcode match requirements

• U.S. consulates are now requiring that the DS-160 number (starting with “AA”) on the confirmation page exactly match the number appearing on the visa appointment notice.
• If an applicant appears for an interview with an appointment notice that does not have a matching DS-160 number, the applicant will be turned away and required to book a new appointment.
• In addition, posts are also requiring that the DS-160 must be submitted at least two business days before the appointment. 
• Applicants whose visa application fees have expired (i.e., paid more than 365 days ago) must pay the fee again, and applicants who fail to update the barcode may be required to pay the fee again.

SOURCE: AILA Doc. No. 25061103

New USCIS policy guidance concerns disclosure of derogatory information

• U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address how and when USCIS may or may not disclose derogatory information before issuing an adverse decision to benefit requestors.
• USCIS officers must assess whether derogatory information is relevant and material to the benefit request. If so, and if disclosure is legally permissible, the officer can issue a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or Notice of Intent to Revoke (NOIR). 
• In cases where the information cannot be disclosed such as classified, privileged, or sensitive third-party records, USCIS may withhold the specific details but may seek the same or similar information from the benefit requestor through an RFE or interview.
• The guidance explains that when USCIS intends to make an adverse decision based on derogatory information of which a benefit requestor appears to be unaware, USCIS generally discloses the information in a detailed description, if permissible. 
• If not permissible, such as for some third-year agency records and some third-party information, USCIS may elicit the same or substantially similar information from the benefit requestor in response to a request for evidence (RFE) or through interview testimony. The guidance also explains the prohibitions and limitations that USCIS must follow when disclosing derogatory information

SOURCE:www.uscis.gov/sites/default/files/document/policy-manual-updates/20250612- DerogatoryInformation.pdf

Trump Administration’s passport policy paused in US federal court

• On June 17, 2025, The US District Court of Massachusetts expanded a preliminary injunction that pauses enforcement of the Trump administration’s new passport policy and allowing the issuance of U.S. passports to applicants with an “X” marker or those listing a sex different from their sex at birth.
• The order blocks enforcement of the Department of State’s (DOS) passport policy created to implement President Trump’s executive order of January 20th that mandates that federal agencies recognize only the gender assigned at birth.
• The preliminary injunction expands the class of persons who will benefit from the injunction to all individuals who had applied for or would have applied for a U.S. passport that is different from the sex assigned at birth, or an ‘x’ designation.

SOURCE: assets.aclu.org/live/uploads/2025/06/Memo-and-Order-on-Plaintiffs-Motion-for-Class-Cert-and-Motion-to-Apply-PI-to-the-Classes-06.17.2025.pdf

Trump Administration considers expanding travel ban to 36 additional countries

• Following his administration’s issuance of a travel (entry) ban/restrictions on 19 countries, President Trump is considering expanding the ban to up to 36 additional, mostly African, countries. 
• The 36 countries have 60 days to “mitigate ongoing vetting and screening concerns, develop corrective action plans to remediate deficiencies and evaluate progress.” 
• In general, the cable cited concerns including unreliability in identity documents, criminal records, passports, and visa overstays, among other issues. 
• The countries could reduce the concerns, the cable said, if they agree to accept deportees or asylees from other countries sent by the United States.
• The countries on the new list reportedly include Angola, Antigua and Barbuda, Benin, Bhutan, Burkina Faso, Cambodia, Cameroon, Cape Verde, the Democratic Republic of Congo, Djibouti, Dominica, Ethiopia, Egypt, Gabon, Gambia, Ghana, Ivory Coast, Kyrgyzstan, Liberia, Malawi, Mauritania, Niger, Nigeria, St. Kitts and Nevis, St. Lucia, São Tomé and Príncipe, Senegal, South Sudan, Syria, Tanzania, Tonga, Tuvalu, Uganda, Vanuatu, Zambia, and Zimbabwe.

SOURCE: “36 More Countries May Be Added to Trump’s Travel Ban,” New York Times, June 16, 2025: www.nytimes.com/2025/06/16/us/politics/trump-travel-ban.html?smid=nytcore-ios-share&referringSource=articleShare 

US Customs and Border Protection announces new CBP Link mobile app

• U.S. Customs and Border Protection announced that travelers entering the United States can now use CBP Link, a new user-friendly mobile application designed to reduce data requirements. 
• The new app will contain the functions that were formerly included on the CBP Home (DHS) mobile application, which will now solely be used for self-deportation.
• CBP Link will allow travelers, businesses, and other stakeholders to access a single digital solution that includes:

• • Visa Waiver Program travelers applying and paying for an I-94 up to seven days before arriving in the United States
  • Travelers requesting inspections for perishable cargo entering the United States
  • Checking border wait times
  • Bus operators submitting a manifest
• Anyone who previously used CBP Home for these functions won’t need to make any changes. The new CBP Link app, once downloaded, will automatically update with the traveler’s previous information.
• Unlawfully present aliens who want to submit their intent to depart will continue using CBP Home. Those who use the CBP Home mobile app to self-deport receive cost-free travel, forgiveness of any civil fines or penalties for failing to depart the United States, and a $1,000 exit bonus, paid after their return is confirmed through the app.  If they already submitted their intent to depart using previous versions of CBP Home, they will not need to resubmit.
• Both CBP Home and CBP Link are available for free on Google Play and Apple’s App Store, or from the CBP website: www.cbp.gov/about/mobile-apps-directory/cbplink

SOURCE: www.cbp.gov/newsroom/national-media-release/cbp-announces-new-cbp-link-mobile-app

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.