On Feb. 19, 2025, the National TPS Alliance, an advocacy group for immigrants who have been granted Temporary Protected Status (TPS), and seven Venezuelans living in the United States, filed a lawsuit in U.S. District Court for the Northern District of California challenging the decision of Department of Homeland Security (DHS) Secretary Kristi Noem to terminate Venezuela TPS. Noem had decided not to extend the 2023 Venezuela TPS designation. That designation will expire April 7, 2025.

On March 7, 2025, the attorneys general of 18 states, including California, Massachusetts, and New York, filed an amicus brief in support of the plaintiffs. The attorneys general contend that Secretary Noem’s decision to terminate Venezuela TPS was “baseless and arbitrary” and founded on unsubstantiated claims that Venezuelans with TPS cost the United States billions in tax dollars and threaten the nation’s economy, safety, and public welfare.

The attorneys general argue, “The vacatur and termination at issue in this litigation, which aim to strip legal protection from a community that comprises more than 50 percent of all [temporary protected status] holders, rest largely on such erroneous and unsubstantiated assertions. … Far from being a burden or threat to our States, Venezuelan TPS holders are a resounding benefit.”

In response, DHS argues that the court lacks the authority to review its discretion to terminate Venezuela’s TPS designation and that the plaintiffs have failed to provide evidence demonstrating Secretary Noem’s decision to terminate the designation was motivated by discrimination or animus.

Jackson Lewis attorneys will continue to provide updates on the status of this litigation.

The Department of Justice (DOJ) has announced its intention to expand the use of criminal statutes to address illegal immigration. This move underscores the administration’s commitment to enforcement initiatives that hold employers accountable for compliance failures.

This policy shift may result in companies facing criminal charges in cases that the DOJ has not previously pursued. This includes charges for harboring undocumented individuals, engaging in unlawful employment practices, and committing document fraud in the I-9 process.

Information will be gathered through various methods, including raids, I-9 Notices of Inspection, and document subpoenas. The directive mandates that DOJ prosecutors accept and pursue the most serious criminal violations referred by law enforcement agencies, with limited discretion to decline cases.

Employers should be prepared for site visits from the USCIS Fraud Detection and National Security (FDNS) Directorate. These visits are conducted to investigate compliance related to sponsored visas, typically H-1B visas. Although FDNS visits are nothing new, any form of misrepresentation now may be referred for further DOJ investigation. Companies should consider preparing their businesses and employees for site visits, conducting regular internal audits of their verification records, and ensuring their compliance practices are sound.

Employers can expect increased scrutiny and should be prepared for potential inspections and investigations. Jackson Lewis attorneys will continue to follow this issue and provide updates.

Haitian-Americans United, Inc., Venezuelan Association of Massachusetts, UndocuBlack Network, Inc., and four individual Haitian and Venezuelan migrants residing in Boston filed a lawsuit in U.S. District Court for the District of Massachusetts on March 3, 2025, challenging the Department of Homeland Security’s (DHS’s) decision to terminate Haitian and Venezuelan Temporary Protected Status (TPS). Haitian-Americans United Inc., et al. v. Trump, No. 1:25-cv-10498.

The latest lawsuit joins two existing suits filed in the U.S. District Court for the Northern District of California and the U.S. District Court for the District of Maryland on Feb. 20, 2025, challenging the termination of Venezuela TPS.

The suit alleges that DHS Secretary Kristi Noem lacked legal authority to vacate former DHS Secretary Alejandro Mayorkas’ July 1, 2024, decision to grant an 18-month extension of TPS for Haiti, and his Jan. 17, 2025, decision to grant an 18-month extension of TPS for Venezuela.

The complaint cites “dehumanizing and disparaging statements” that President Donald Trump has made against Haitian and Venezuelan migrants, including the claim that Haitians in Springfield, Ohio, were eating dogs and cats.

The suit further contends that the Trump Administration is discriminating against both groups of migrants based on race, ethnicity, or national origin in violation of the Fifth Amendment’s Equal Protection Clause.

In addition to violations of the Equal Protection Clause, the suit cites violations of the Administrative Procedure Act. It asks the court to declare that former DHS Secretary Mayorkas’ 18-month extensions of Haiti and Venezuela TPS remain in effect and to enjoin enforcement of Secretary Noem’s decisions to terminate Haiti and Venezuela TPS.

The plaintiffs request that the court issue an injunction “preliminarily and permanently” precluding DHS from implementing or enforcing the 2025 Haiti Vacatur, the 2025 Venezuela Vacatur, and the 2025 Venezuela Termination.  

Jackson Lewis attorneys will monitor developments and provide updates as they become available.

President Donald Trump has announced that he plans to offer the “Trump Gold Card” to replace the existing EB-5 Immigrant Investor Program. The Trump Gold Card Program would allow an investor who is willing to invest $5 million in the U.S. economy to obtain permanent residency.

The current EB-5 Immigrant Investor Program requires an investor to invest at least $800,000 in a company that will employ a minimum of 10 people.

The Trump Gold Card investor would be required to prove that the funds were obtained legally, pass a background check, and satisfy additional screening criteria. This program may be capped at 1 million gold cards.

Programs such as the Trump Gold Card Program aim to attract foreign capital and boost economic growth.

USCIS has announced that it is establishing a new form and process by which undocumented immigrants may register pursuant to section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. § 1302) and a Jan. 20, 2025, executive order.

President Donald Trump’s “Protecting the American People Against Invasion” executive order instructed the Department of Homeland Security (DHS) to ensure that foreign nationals comply with their registration obligations under INA § 262. It also emphasized that non-compliance should be treated as a priority for both civil and criminal enforcement.

In general, the INA mandates that any foreign national aged 14 or older must apply for registration and fingerprinting if they have been in the United States for at least 30 days and did not do so when applying for a U.S. visa. For children under 14, it is their parent or guardian’s responsibility to ensure they are registered. When a child turns 14, they are required to reregister and have their fingerprints taken within 30 days of their birthday. After a foreign national has registered and undergone fingerprinting, the DHS will provide proof of registration. Aliens over the age of 18 are required to carry this proof at all times.

Most foreign nationals in the United States have already registered as required by law. However, many foreign nationals in the country have not had a direct way to register and fulfill their obligation under INA § 262. Once the USCIS registration process is in place, foreign nationals will submit their registration through their USCIS online account. Parents and guardians will also use their USCIS online account to submit registration applications for children under 14.

Those who may not have received evidence of registration and provided fingerprints include:

  • Foreign nationals who entered the United States without inspection, admission, and/or parole;
  • Canadian citizens who entered the United States through land ports of entry and did not receive evidence of registration; and
  • Foreign nationals who applied for DACA or TPS and were not given evidence of registration.

On Feb. 20, 2025, DHS Secretary Kristi Noem announced that Haiti’s Temporary Protected Status (TPS) designation will terminate on Aug. 3, 2025.

Work authorization documents based on Haitian TPS are now auto-extended only to Aug. 3, 2025, rather than Feb. 3, 2026.

On Feb. 24, 2025, the E-Verify program announced that I-9 forms for employees with an Employment Authorization Document (EAD) listing a Category Code of A12 or C19 (the codes for Haitian TPS) and an expiration date of Feb. 3, 2026, must be corrected to reflect an amended expiration date of Aug. 3, 2025.

Employers are instructed to enter the amended expiration date of Aug. 3, 2025, in the Additional Information field in Section 2 of the I-9 form and initial and date the correction.

Importantly, employers are not instructed to create new E-Verify cases for existing employees with work authorization documents based upon Haitian TPS that expire Feb. 3, 2026.

All employees with EADs listing the A12 or C19 Category Code with a Feb. 3, 2026, expiration must be re-verified using an alternative, acceptable I-9 document before they begin work on Aug. 4, 2025. A list of acceptable documents is available at Form I-9 Acceptable Documents | USCIS.

President Donald Trump issued Executive Order (EO) 14204, “Addressing Egregious Actions of the Republic of South Africa,” on Feb. 7, 2025, creating an exception to the refugee ban, driven by concerns over South Africa’s racially discriminatory property confiscation practices.

EO 14204 follows the enactment of South Africa’s Expropriation Act 13 of 2024, enabling the government to seize agricultural property owned by ethnic minority Afrikaners without compensation.

Key Provisions

  • Suspension of Aid and Assistance: The EO mandates that the United States shall not provide aid or assistance to South Africa as long as the country continues its “unjust and immoral practices.” This includes halting foreign aid and assistance delivered by all executive departments and agencies.
  • Promotion of Afrikaner Refugee Resettlement: The EO emphasizes the resettlement of Afrikaner refugees who are victims of government-sponsored race-based discrimination. The Department of State (DOS) and the Department of Homeland Security (DHS) are directed to prioritize humanitarian relief, including admission and resettlement through the United States Refugee Admissions Program (USRAP).
  • Humanitarian Considerations: The EO directs the DOS and DHS to take appropriate steps to prioritize humanitarian relief for Afrikaners in South Africa who are victims of unjust racial discrimination. This includes submitting a plan to the president through the assistant to the president and Homeland Security advisor.

By suspending aid and promoting the resettlement of Afrikaner refugees, the EO aims to address deemed human rights violations, representing the U.S. government’s stance against perceived discriminatory practices in South Africa. The suspension of processing refugee applications under the USRAP, except on a case-by-case basis, outlined in EO 14163, “Realigning the United States Refugee Admissions Program” as well as the suspension of other humanitarian programs, indeed adds a layer of complexity to the situation.

Jackson Lewis attorneys will continue to follow this issue and provide updates.

On Feb. 20, 2025, DHS Secretary Kristi Noem partially vacated a July 1, 2024, decision by former DHS Secretary Alejandro Mayorkas to extend the Temporary Protected Status (TPS) designation for Haiti for 18 months.

Secretary Noem has limited the extension to 12 months, expiring Aug. 3, 2025, instead of Feb. 3, 2026. Work authorization documents based upon Haitian TPS are auto-extended to Aug. 3, 2025, rather than Feb. 3, 2026.

If no decision is made to extend Haitian TPS beyond Aug. 3, 2025, the expiration will become final.

Two lawsuits were recently filed in response to Secretary Noem’s decision to terminate Venezuelan TPS. Similar legal challenges may be made to the decision to terminate Haitian TPS.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

Advocacy groups and Venezuelan immigrants have filed suit in federal courts over terminated removal protections for Venezuelans in the United States.

On Feb. 19, 2025, the National TPS Alliance, an advocacy group for immigrants who have been granted Temporary Protected Status (TPS), and seven Venezuelans living in the United States, filed a lawsuit in the U.S. District Court for the Northern District of California challenging the Department of Homeland Security’s (DHS’s) decision to terminate Venezuela TPS. The termination impacts approximately 600,000 Venezuelan nationals (350,000 under the 2023 designation and 250,000 under the 2021 designation).

On Feb. 20, 2025, immigrant advocacy groups CASA, Inc. and Make the Road New York filed a lawsuit in the U.S. District Court for the District of Maryland also challenging the termination of Venezuela TPS.

Both suits allege that DHS Secretary Kristi Noem lacked legal authority to vacate former DHS Secretary Alejandro Mayorkas’ Jan. 17, 2025, decision to grant an 18-month extension of TPS for Venezuela.

The suits further contend that even if DHS possessed legal authority to terminate Venezuela TPS, it arbitrarily deviated from prior decisions, incorrectly concluding that Venezuelans granted TPS reside in the United States illegally.

The plaintiffs also allege that Secretary Noem’s decision was motivated by “racial animus,” pointing to an interview she gave to Fox News announcing her Feb. 5, 2025, decision to terminate Venezuela TPS in which she referred to Venezuelans granted TPS as “dirtbags.”

Both suits cite violations of the Administrative Procedure Act (APA) and the Fifth Amendment’s Equal Protection and Substantive Due Process clauses. They ask the courts to declare that former DHS Secretary Mayorkas’ 18-month extension of Venezuela TPS remains in effect and to enjoin enforcement of the Feb. 3, 2025, vacatur and Feb. 5, 2025, termination decisions.

Both suits have the potential to extend the Venezuela TPS designation for individuals who registered under both the 2021 and 2023 designations, as well as the validity of work authorizations based upon Venezuela TPS, while the litigation is pending.

Jackson Lewis attorneys will monitor developments and provide updates as they become available.

After quietly updating consular websites, signaling a significant change to Visa Interview Waiver (“dropbox”) eligibility requirements, on Feb. 18, 2025, the Department of State (DOS) officially announced the reversion to pre-COVID eligibility standards, reducing the window for dropbox eligibility from 48 months to 12 months. This update follows reports of Visa Application Centers turning away applicants who no longer meet the revised criteria. Effective immediately, only those renewing a visa in the same nonimmigrant category that expired within the past year qualify for the dropbox process.

This shift means more applicants will need to schedule and attend in-person visa interviews, potentially increasing wait times at U.S. consulates worldwide.

If you have questions about your visa renewal or need assistance navigating these changes, please contact your immigration counsel as soon as possible.

For more information, visit Jackson Lewis Immigration Practice Group.