(From NACUA) Fridley Public School District v. Noem challenges immigration enforcement on and near K-12 and college campuses and rescission of previous “sensitive locations” immigration policy
Early last month, the National Association of College and University Attorneys (“NACUA”) shared that the public school districts of Fridley and Duluth, MN and teachers union Education Minnesota sued Secretary of Homeland Security Kristi Noem and related immigration officers for the Minnesota ICE surge that negatively impacted both K-12 and college campuses. The lawsuit alleges that Noem, the Department of Homeland Security (“DHS”) , and ICE’s “Operation Metro Surge” in Minnesota, in addition to the rescission of previous administrations’ sensitive location policy, violated the Administrative Procedure Act for being arbitrary and capricious, violated immigrants’ rights, created substantial disruption to American citizens’ lives, and caused a chilling effect that undermined students’ access to education. The lawsuit seeks an injunction to prevent DHS from enforcing the new immigration policy and prohibiting immigration enforcement within 1,000 feet of school property or a school bus stop.
On Monday, February 25, 2026, the school districts and teachers union filed a request for an emergency order restoring the previous sensitive locations policy. Their request is still pending with the court at this time.
DHS publishes Interim Final Rule easing immigration restrictions on religious workers
On January 16, 2026, DHS published an Interim Final Rule that would ease immigration restrictions on R-1 nonimmigrant religious workers by removing a one-year waiting period for workers to reside abroad before returning to the United States. If the Rule becomes final, R-1 religious workers will no longer be subjected to any minimum waiting period before renewing their R-1 status, which has long been a hurdle for nonimmigrant religious workers.
Comments are due on the Interim Final Rule on March 17, 2026. For more information, see DHS’s publication in the Federal Register here.
TPS updates for February 2026: Burma (Myanmar), Somalia, and Haiti and Venezuela
Somalia: On January 13, 2026, USCIS announced that Secretary of Homeland Security Kristi Noem had terminated TPS for Somalia. TPS for Somalian nationals will now end on March 17, 2026. See the DHS announcement here.
Burma (Myanmar): On January 23, 2026, a federal district court judge in Chicago Illinois temporarily blocked TPS termination for nationals of Burma (Myanmar). TPS for nationals of Burma (Myanmar) was set to end on January 24, 2026. See the updated on the USCIS website here.
Haiti and Venezuela: On January 28, 2026, The Ninth Circuit Court of Appeals upheld a lower federal district court ruling that DHS Secretary Noem exceeded her statutory authority when she ended TPS for Haitians and Venezuelans. The Ninth Circuit ruling does not have an immediate impact on TPS for Haiti and Venezuela, as the U.S. Supreme Court previously allowed the terminations to become effective pending a final order from the Supreme Court. A ruling is also expected soon for a similar lawsuit filed in another federal district court in Washington. See Reuters for information on the Ninth Circuit ruling here.
Federal district court temporarily blocks end of family reunification parole program
On January 9, 2026, federal district court judge Indira Talwani issued a temporary pause on the Trump Administration’s end of the Biden-era family reunification parole program for noncitizens from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. The Trump Administration attempted to end the program in December. See our previous post about the program’s termination here.
Judge Talwani issued the pause on the Trump Administration’s termination based on a failure to provide adequate notice to affected individuals. See reporting from The New York Times on the temporary pause here.
TPS/Parole status update tracker from AILA
The American Immigration Lawyers Association (“AILA”) has published a comprehensive TPS and Parole Status Update Chart to assist attorneys and others in tracking the many updates to TPS and Parole terminations. The chart may be particularly helpful to employers or others who frequently verify employment authorization under different TPS and parole programs. AILA has made the chart publicly available on their website here.
DOS Updates B-1/B-2 Visa Bond Pilot Program to Add New Ports of Entry
On January 8, 2026, the State Department released an update to its B-1/B-2 Visa Bond Pilot Program by adding six new airports to the list of authorized Ports of Entry for affected nationals. For background, the Trump Administration now requires that certain B-1/B-2 tourists post a bond before being permitted entry into the US. See our previous post on the B-1/B-2 Visa Bond program here. The State Department periodically updates the list of countries affected by the bond program; this list is available here. See the updated list of authorized ports of entry here.
Trump Administration pauses immigrant visa (green card) approvals at consular posts for 75 countries
On January 14, 2026, the State Department sent a cable directing all consular posts to pause immigrant visa (green card) approvals for nationals from 75 countries on “public charge” grounds. The State Department stated that they are “undergoing a full review of all policies, regulations, and guidance to ensure that immigrants from these high-risk countries do not utilize welfare in the United States or become a public charge.”
Under this directive, consular posts are still booking and holding interviews for immigrant visas, but they will issue a denial to the applicant under INA § 221(g), which operates as a temporary denial when the consular post needs additional time to review the case.
See the State Department’s press release on the pause for a full list of the affected countries here.
SAVE announcement on reduced maximum validity periods for EADs
On January 12, 2026, the Systematic Alien Verification for Entitlements (“SAVE”) published updated guidance on the Trump Administration’s reduction of maximum validity periods for certain Employment Authorization Documents (“EADs”). See our previous announcement on the validity reduction here and SAVE’s guidance here.
Visa Bulletin update
The Department of State publishes a monthly Visa Bulletin which operates as the “waiting list” for green cards (immigrant visas), with an individual’s Priority Date serving as their place in line. The Bulletin identifies all immigrant visa “preference” categories and indicates whether a backlog exists for that category. When a backlog exists, an individual in that category may not apply for a green card (or “adjust status”) until their Priority Date becomes “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin. The Bulletin lists family-based (“FB-”) preference categories and employment-based (“EB-") preference categories. These categories are further separated into two charts: the Final Action Dates chart and the Dates for Filing chart. The Final Action Dates chart indicates whether an individual can expect USCIS to make a decision on their application soon, whereas the Dates for Filing chart, if USCIS chooses to use it that month, indicates whether an individual may file their adjustment application and receive the benefits associated with having a green card application pending with USCIS.
In February 2026, USCIS will be using the Dates for Filing chart for both employment - and family - based preference categories.
The EB-2 and EB-3 preference categories remain backlogged for all countries. The State Department advanced Priority Dates as follows:
EB-1: no change
EB-2: no change
EB-3:
Mexico, Philippines, and All Other: 3 months
China: no change
India: no change
Other Workers: no change
See the January 2026 Visa Bulletin here.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Premium Processing fees to increase for cases filed on or after March 1, 2026
On January 12, 2026, USCIS published a Final Rule providing notice of fee increases for Premium Processing cases filed on or after March 1, 2026. The Premium Processing fee increases are inflation-based adjustments and apply to Forms I-129, I-140, I-539, and I-765. These fees will apply to requests for Premium Processing postmarked on or after March 1, 2026. See the USCIS announcement here for the fee increase amounts.