Immigration Trending Topics

To help with your writing efforts, here’s what people are looking for in Immigration Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Implications of ICE Arrest of Palestinian Activist Mahmoud Khalil 

Consider writing about:

Federal immigration agents’ recent arrest and detention of Columbia graduate student and Palestinian activist Mahmoud Khalil; what to know about his immigration status and the rights to which he is entitled under that status; alleged grounds for his arrest; what this case demonstrates regarding the Trump administration’s immigration stance; related questions in connection with this case, such as the right of free speech, right of assembly and protest, and obligations and risks for educational institutions; likelihood of more immigrants (perhaps students in particular) being detained by immigration authorities; what individuals, their families, or others need to know regarding related rights, resources, and options in the current climate of fear and uncertainty.

Related information:

https://apnews.com/article/columbia-university-mahmoud-khalil-ice-6964107d218dba43eb995d6dbbe528b1

https://apnews.com/article/columbia-university-mahmoud-khalil-ice-440828980a4ee7bf4ddcf3d123e02b3e

https://www.npr.org/2025/03/11/nx-s1-5323147/mahmoud-khalil-green-card-rights

https://apnews.com/article/columbia-university-protests-mahmoud-khalil-ice-arrests-751fa0b4637f5600a8af061ba4ddf97b

What to Know About USCIS Policy Memorandum on Notices to Appear 

Consider writing about:

Notices to appear; what they consist of, what their purpose is, and whom they apply to; what to know about a recently updated policy memorandum from the U.S. Citizenship and Immigration Services regarding notices to appear; what the USCIS guidance means for potential removal proceedings or other risks for foreign nationals.

Related information:

https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf

Questions Raised by Detention of Foreign Visitors to United States 

Consider writing about:

U.S. immigration authorities’ recent detention of several European visitors; what to know about the circumstances of their detention; what federal authorities are saying about the incidents; what foreigners should know before visiting the United States during Donald Trump’s second term in office; what documentation they should have access to; legal rights and protections they should know about ahead of time, and what rights they should invoke prior to or during detention by immigration authorities.

Related information:

https://www.kpbs.org/news/border-immigration/2025/02/28/german-tourist-held-indefinitely-in-san-diego-area-immigrant-detention-facility

https://www.theguardian.com/us-news/2025/mar/03/ice-german-tourist-detained-immigration

Is a ‘Gold Card’ Visa Anything to Get Excited About? 

Consider writing about:

President Trump’s recently announced proposal to roll out a new “gold card” visa option. How would the eligibility criteria and pros and cons of the “gold visa” idea compare to those seen under the long-standing EB-5 Immigrant Investor Program? Would the “gold card” replace the EB-5 program, or would it be an additional alternative visa option? Who would benefit most from the “gold card” idea? What is the process for getting the “gold card” visa plan approved and implemented?

Related information:

https://apnews.com/article/investor-visas-trump-immigration-eb5-gold-cards-cdb943dd1633bc234bb715fa20914e05

USCIS Announces Registration Requirements for Foreign Nationals 

Consider writing about:

A Feb. 25 announcement by United States Citizenship and Immigration Services regarding registration requirements for foreign nationals. When does this requirement go into effect, to whom does it apply, and how does it compare to pre-existing obligations on the part of foreign nationals? What are the specific requirements? How would such a plan actually be enforced? Is this announcement more for show than for real-life application? What are the penalties for non-compliance? What should concerned individuals, their employers, or their communities be doing or watching for at this point?

Related information:

https://www.uscis.gov/alienregistration

Immigration Compliance Risks Stemming From Hiring Practices: What to Know 

Consider writing about:

Indications from the U.S. Department of Justice or the Equal Employment Opportunity Commission as to their enforcement posture regarding employers’ immigration-related missteps, especially (but not exclusively) as they pertain to hiring practices. What guidance or other developments stand out to you in terms of risks for employers under the second Trump administration? What potential civil or criminal penalties should employers be aware of? On a related note, what lessons can employers draw from past or ongoing litigation over the hiring of foreign workers “versus” American workers? How should employers be thinking about their hiring practices in the current political climate?

Related information:

https://www.reuters.com/legal/meta-must-face-lawsuit-claiming-it-prefers-cheaper-foreign-workers-2025-02-25

Are Travel Bans on Trump’s Agenda? 

Consider writing about:

The likelihood of travel bans being revived under a second Trump administration; how travel bans were used under the first Trump term, and how those fared, in terms of legal challenges and actual implementation and results; countries most likely to be the subject of travel bans this time around; authority and basis for issuing travel bans; what employers and others should be watching and preparing for, in anticipation of possible travel bans.

Religious Organizations Push Back Against Immigration Enforcement 

Consider writing about:

How the religious community is responding to the Trump administration’s immigration crackdown; how the Trump team’s immigration-related stance toward houses of worship has shifted since his first administration; basis for religious groups’ lawsuit over new or potential actions by ICE agents; remedies being sought by the religious organizations; potential challenges ahead for either side; what houses of worship or religious organizations or leaders should know about their rights and obligations when dealing with immigration enforcement authorities.

Related information:

https://apnews.com/article/immigration-arrests-church-ban-lawsuit-trump-administration-7e0f3060033fc25c5982bc583587562c

DHS Aims to Tap IRS Agents for Immigration Crackdown 

Consider writing about:

The U.S. Department of Homeland Security’s idea of having agents from the Internal Revenue Service’s Criminal Investigation unit join up with Immigration and Customs Enforcement agents as part of the Trump administration’s emphasis on immigration enforcement; any precedent for such a use of the IRS workforce; potential pros and cons of doing so; what employers should know about actions likely to be taken by the IRS Criminal Investigation unit; whether employer interactions with IRS agents can, or should, differ from interactions with ICE agents; what else employers should know about their rights, compliance obligations, and liability risks.

Related information:

https://apnews.com/article/armed-irs-agents-immigration-enforcement-0065756e7e44b0de2027d5a6f60e60a5

Is Temporary Protected Status Program in Trump’s Crosshairs? 

Consider writing about:

The outlook for the Temporary Protected Status program under the second Trump administration; whether currently active protected status designations for specific groups of immigrants are in danger of being canceled; how the Temporary Protected Status program’s scope or usage evolved under the Biden administration and under the prior Trump administration; potential alternatives to the Temporary Protected Status designation; what else employers or individuals should know about Trump administration actions or proposals regarding Temporary Protected Status or other humanitarian immigration programs, and regarding related rights and risks.

Related information:

https://www.uscis.gov/humanitarian/temporary-protected-status

Guidance for Employers Regarding Early Immigration Actions by Second Trump Administration 

Consider writing about:

Your pick of early immigration-related actions taken by the Trump administration and their implications for employers. Among the possible points to consider addressing in your write-up: What questions are you getting from your business clients regarding these actions? What missteps or misconceptions (if any) are you seeing on the part of businesses or their workers as they pertain to their rights and obligations in the face of a highly publicized deportation campaign by the Trump administration? How can employers minimize potential penalties for immigration-related violations? How should businesses be addressing uncertainties regarding staffing and basic operations amid a possible shortage of workers (due either to immigration enforcement actions, or workers’ decision to stay home from work out of fear of being detained by authorities)?

How Should Schools Be Responding to Trump Immigration Policies? 

Consider writing about:

Issues schools are facing in the midst of the second Trump administration’s actions targeting immigrants. Recent days saw a flurry of reports in the news and on social media about supposed ICE agents visiting a school in Chicago or approaching a student on a San Francisco bus. Immigration officials later denied having been a party to either interaction. How can schools cope amid heightened fears, questions over the reliability of information from government agencies, and the rapid-fire spread of information (whether accurate or otherwise)? How should school districts, school boards, individual schools, staff, and their students be preparing for the potential of a visit by immigration officers? How is immigration authorities’ treatment of schools already changing under the new Trump administration? What are schools’ rights vis a vis interactions with ICE agents or others, and what are schools’ obligations to their staff, their students, and their family members?

How Employers Should Be Preparing for Workplace Raids in a New Trump Era 

Consider writing about:

The likelihood of employers facing workplace raids by immigration authorities under a new Trump administration; legal grounds for raids; how employers should be preparing for this possibility; what employers and workers should and should not do during or after a workplace raid; related legal rights to keep in mind.

How Trump’s Deportation Pronouncements Raise Issues Regarding Military, Employers 

Consider writing about:

President-elect Donald Trump’s claim that he will use the U.S. military to assist in carrying out mass deportations of undocumented immigrants after he is inaugurated; legal authority that may or may not exist for such a scenario; potential grounds for challenging the military’s role in such an endeavor; how the mobilization of military personnel for wide-scale deportations could impact employers; what employers should know about the Uniformed Services Employment and Re-employment Rights Act of 1994, employer obligations under USERRA, and employee rights under the Act.

What to Know About the Laken Riley Act 

Consider writing about:

A congressional measure that could make undocumented immigrants more susceptible to deportation if they are charged with nonviolent crimes; how immigration and law enforcement authorities currently handle undocumented immigrants who have been charged with crimes; prospects for the Laken Riley Act’s passage by the Senate; what legislators’ level of support for the bill may signal regarding congressional alliances and shifts since the November election; what final passage of the Act could mean for the United States’ already heavily burdened immigration system.

Related information:

https://www.texastribune.org/2025/01/07/congress-bill-deportation-undocumented-crimes

What H-1B Final Rule Could Mean for Employers, Workers 

Consider writing about:

A final rule announced on Dec. 17 by the U.S. Department of Homeland Security regarding the H-1B program; main focus and goals of the final rule; job categories, employers, or workers who will see the most significant changes under this rule; what the final rule could mean for employers’ hiring options; and perhaps a related look at how H-1B visas have become a point of contention recently between Elon Musk and some of President-elect Trump’s better-known supporters.

Related information:

https://www.dhs.gov/news/2024/12/17/dhs-strengthens-h-1b-program-allowing-us-employers-more-quickly-fill-critical-jobs

https://www.uscis.gov/newsroom/stakeholder-messages/dhs-announces-h-1b-modernization-final-rule-to-improve-program-integrity-and-efficiency

What to Know About H-2 Program Modernization Rule 

Consider writing about:

The U.S. Department of Homeland Security’s H-2 program modernization rule; workers to whom the rule applies; when the final rule takes effect; what anticipated changes under the rule could mean for both employers and workers; whether the rule’s implementation could be cast into doubt by the incoming Trump administration.

Related information:

https://www.federalregister.gov/documents/2024/12/18/2024-29353/modernizing-h-2-program-requirements-oversight-and-worker-protections

Immigration-Related Highlights From 2024: What Do You Say? 

Consider writing about:

Your choice of three or more noteworthy immigration-related developments from 2024. Take your pick of court cases, policy shifts, election results, legislation, or more, with added information, as you see fit, regarding the potential implications for key parties in the near or longer term or regarding emerging or heightened trends.

DHS Announces Final Rule Affecting Immigrant Work Permits 

Consider writing about:

A final rule announced on Dec. 10 by the U.S. Department of Homeland Security; how the final rule affects employment authorization processes, rights, and requirements; whom the rule applies to and whom it will benefit; when it takes effect.

Related information:

https://www.uscis.gov/eadautoextend

Takeaways From U.S. Supreme Court Immigration Ruling 

Consider writing about:

A Dec. 10 ruling by the U.S. Supreme Court; key points in the high court’s ruling; what this ruling means for Department of Homeland Security powers, judicial authority, and immigrant rights and options.

Related information:

https://www.supremecourt.gov/opinions/24pdf/23-583_onjq.pdf

DOL Farmworker Rule Blocked by Federal Judge 

Consider writing about:

A federal judge’s blocking of a U.S. Department of Labor rule that was aimed at providing additional protections for temporary farmworkers; type of visa and labor protections at issue; the court’s rationale for blocking the DOL rule; prospects for the DOL rule being revived in another form; and perhaps a wider-angle look at legal trends involving farmworkers and/or DOL authority.

Related information:

https://www.hrdive.com/news/temporary-farmworker-labor-rule-overturned-nationwide-h2a-visas/735454

What to Know About Trump’s Selections for Key Immigration Roles in New Administration 

Consider writing about:

President-elect Trump’s picks for key immigration-related roles in his next administration; what to know about their background, qualifications, and experience on immigration issues; what employers should be anticipating in terms of worksite raids, employment eligibility verification, and potential disruptions to their workforce and operations; additional information, as you see fit, regarding any of the following: potential impacts for local law enforcement, local government bodies, members of immigrant communities, and legal practitioners and others who regularly interact with or serve individuals who are migrants.

Related information:

https://www.npr.org/2024/11/12/g-s1-33820/trump-kristi-noem-homeland-security

https://www.npr.org/2024/11/11/nx-s1-5186522/tom-homan-border-czar-trump

What Trump May Be Planning for DACA Program 

Consider writing about:

What Donald Trump’s re-election could mean for the Deferred Action for Childhood Arrivals program; current status of the program, its participants, and legal challenges to the program; what we know so far about DACA-related proposals or other DACA-related developments emerging from the Trump camp as they prepare for a return to power; potential implications for employers of DACA recipients.

Court Strikes Down ‘Keeping Families Together’ Program for Immigrant Spouses 

Consider writing about:

A Texas federal judge’s striking of a Biden administration program affecting spouses who are undocumented immigrants; rights and options offered under the “Keeping Families Together” program; basis for the judge’s termination of the program; prospects for it being revived in some form or another; alternative options for American citizens’ spouses who are not themselves American citizens; potential deportation risks for these spouses as we enter the Trump 2.0 era.

Related information:

https://www.npr.org/2024/11/08/g-s1-33370/judge-biden-program-immigrant-spouses-deportation

Trump and Immigration: Day One 

Consider writing about:

What Donald Trump can legally do regarding immigration issues on the first day of his return to the Oval Office; legal realities vs. campaign promises; what an Executive Order does and does not do; how his actions regarding immigration this time around may differ from his actions during his prior term in office; what businesses, immigrant communities, and legal counsel should be watching for, and how they can prepare for anticipated changes.

What Are the Pluses and Minuses of E-Verify+ System? 

Consider writing about:

The E-Verify+ system; what this system consists of; who qualifies to use it; employers, employees, or work situations or other needs to which E-Verify+ is best suited; how E-Verify+ integrates with the E-Verify process; E-Verify+’s pros and cons, either in and of themselves or in comparison to alternate systems.

Related information:

https://www.e-verify.gov/plus

Pro Bono Work on Immigration Issues [Ongoing] 

Consider writing about:

Past or present bono efforts by yourself or your colleagues in support of the immigrant community. Decide whether to focus your piece on a particular country of origin, settled or ongoing matters, successes or challenges, or issues pertaining to a particular immigration policy or specific facet of immigration law. Consider also writing about factors contributing to the decision to take on this type of pro bono work and how it fits with your firm’s overall philosophy and history of pro bono work as a whole.

Temporary Protected Status Developments and Outlook: What to Know 

Consider writing about:

Your choice of noteworthy developments or issues involving the Temporary Protected Status designation for immigrants to the United States. Among the possible points to explore: nationalities that have either recently lost or gained this status; what rights are available under this status category; related issues involving eligibility, residency, work permits, deportation risks, and more; how Temporary Protected Status actions have evolved under the Biden administration and how they are likely to unfold under either a Harris or a Trump administration; what a reduction in Temporary Protected Status designations could mean for labor shortages and employment trends in the United States; how employers may need to rethink their hiring, staffing, and operational practices if the Temporary Protected Status program is scaled back or rescinded.

Jury Finds Consulting Firm Discriminated Against American Workers 

Consider writing about:

A recent guilty verdict in a discrimination case against IT consulting firm Cognizant Technologies; what this case may illustrate regarding loopholes in the H-1B system; how the H-1B visa process works; how employers can avoid discrimination risks stemming from their hiring practices.

USCIS Updates Guidance on International Entrepreneur Rule 

Consider writing about:

Updated guidance from U.S. Citizenship and Immigration Services regarding the International Entrepreneur Rule; what new applicants or existing program participants should know about the guidance; related trends or practical tips regarding the International Entrepreneur Rule, how it works, whom it benefits, and how to navigate the system.

Related information:

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-the-international-entrepreneur-rule