Federal
Interim Final Rule Allows USCIS to Refer Affirmative Asylum Cases Without an Interview
On July 28, the Department of Homeland Security (DHS) published an interim final rule entitled Affirmative Asylum Referrals Without Interview. The rule authorizes U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum applications directly to the Executive Office for Immigration Review (EOIR) without first conducting an asylum interview. To implement this change, DHS amended several regulations to remove language suggesting that affirmative asylum applicants are entitled to an interview before referral. DHS argues that the Immigration and Nationality Act (INA) does not require USCIS to interview every affirmative asylum applicant and states that the agency will issue future policy guidance identifying categories of cases that may be referred based solely on the written record and other available evidence.
According to DHS, the rule will give USCIS greater flexibility to manage its asylum caseload and improve efficiency. However, the interim final rule raised several concerns among immigration advocacy organizations. In their opinion, for many asylum applicants, the interview is their main opportunity to explain their case, clarify inconsistencies, and answer questions before being placed in immigration court. They argued that allowing USCIS to refer cases without an interview could increase the risk that applicants with valid asylum claims are unnecessarily sent into removal proceedings.
Airport Immigration Arrests Rise as TSA-ICE Cooperation Intensifies
In mid-July, cooperation between U.S. Immigration and Customs Enforcement (ICE) and the Transportation Security Administration (TSA) has intensified. Specifically, TSA has reportedly been sharing more information with ICE regarding flyers who “lack criminal records” but are “suspected of civil immigration violations, like overstaying their visas.” TSA has been providing “leads” and “tips” to ICE officers so they can arrest individuals deemed deportable by the federal government. Arrests have occurred in at least fifteen airports so far, with ICE agents in plain clothes arresting individuals at arrival gates and check-in counters. Some have gained widespread attention on social media as fellow passengers filmed the arrests. Those arrested have included individuals with pending immigration applications, such as visa extensions and green card applications, as well as those with work permits but no permanent form of residence. Notably, many have been the spouses of American citizens.
Collaboration between the two agencies is not new, however. For years, ICE and TSA have worked together in cases involving suspected human trafficking and drug smuggling. In March 2025, the agencies quietly began working together to identify and arrest travelers with final deportation orders at airports. Now, that cooperation has reportedly expanded to include individuals with expired visas—a significantly larger group. According to a recently disclosed memo, “in May 2025, TSA and ICE signed an agreement to boost information sharing between the two agencies.” In response to the increased airport arrests, immigration attorneys have begun advising clients with pending immigration applications or changes in immigration status to avoid nonessential air travel.
State Department Proposes Expanded J-1 Termination Authority
The State Department published a proposed rule on July 30 that would expand the circumstances under which J-1 exchange visitor programs — including au pairs, camp counselors, and other cultural exchange participants — can be terminated, opening a 60-day public comment period on the changes. Under the proposal, sponsors would be required to terminate a participant’s program for unauthorized employment, providing false information during the application process, or if either the State Department or the Department of Homeland Security revokes the participant’s visa, with those affected potentially facing immediate removal proceedings. J-1 program participants would receive written notice and 10 days to challenge a termination decision before it becomes final. The rule would also tighten the extension process specifically for au pairs, requiring sponsors to file extension requests through Student and Exchange Visitor Information System (SEVIS) at least 90 days before a program’s expiration, up from the current 30-day minimum, while preserving existing six-, nine-, and 12-month extension options beyond an au pair’s initial year.
Administration Weighs $100,000 Fee for OPT Work Authorization
The Trump administration is considering imposing a $100,000 fee on international students seeking to work in the United States after graduation through the Optional Practical Training (OPT) program, according to people familiar with the discussions. OPT currently allows F-1 visa holders to work in the U.S. for up to 12 months after completing a degree, with STEM graduates eligible for a 24-month extension, without any fee requirement tied to the benefit. Officials weighing the change argue the program currently lets companies hire foreign graduates without safeguards ensuring they are paid comparably to U.S. workers, and a fee at that scale would mark a major escalation of the administration’s efforts to restrict legal immigration pathways, following a similar $100,000 fee already imposed on new H-1B visa applicants living abroad. If adopted, the fee could significantly diminish the appeal of U.S. universities for prospective international students, who make up a large share of enrollment in graduate STEM programs.
Employers Warn of Labor Shortages as Haitians Losing Protected Status Brace for ICE Crackdown
On July 27, Temporary Protected Status (TPS) expired for roughly 300,000 Haitians living in the U.S. after the Supreme Court cleared the way last month for the Trump administration to end the program. U.S. Citizenship and Immigration Services (USCIS) had been extending Haitians’ permits on a rolling basis while lower courts processed the ruling, but stopped this week, leaving employers and workers uncertain of their legal status and exposed to the risk of deportation. Employers nationwide are bracing for the fallout. About 70 percent of TPS holders participate in the labor force, many in construction and health care, with Haitian caregivers assisting the elderly in states like Florida, Massachusetts, and New York. That impact will be especially acute in Florida’s nursing homes, where roughly 35,000 Haitians on TPS work in health care.
According to agency sources and internal documents, ICE plans to ramp up arrests and deportations of Haitian migrants, including operations targeting Ohio communities like Springfield, with deportation flights to Haiti expected to begin imminently. Ohio Gov. Mike DeWine, a Republican, called the strategy a “mistake,” saying it was “not good for the United States and it’s not good for the state of Ohio,” and crediting Haitian workers with helping Springfield’s economic recovery.
Legal
Appeals Court Keeps $100,000 H-1B Fee Blocked
A federal appeals court on July 24 rejected the Trump administration’s bid to revive its $100,000 fee on new H-1B visa petitions while its appeal proceeds, dealing another setback to the administration’s push to raise the cost of hiring skilled foreign workers. The Boston-based 1st U.S. Circuit Court of Appeals declined to stay a June 8 ruling from a federal district judge, who found the fee constituted an unlawful tax that Congress never authorized and vacated the underlying policy in its entirety. A three-judge panel, composed entirely of appointees of Democratic presidents, said the government had failed to show it was likely to succeed in arguing that the president had the authority to impose the fee.
The ruling keeps the fee blocked nationwide as the case continues, reversing a brief period in mid-June when the district judge granted the administration a temporary administrative stay that put the $100,000 charge back into effect while it sought emergency relief from the appeals court. The underlying lawsuit was brought by 20 Democratic state attorneys general, who argued the fee — first imposed via presidential proclamation in September 2025 — exceeded the president’s statutory authority to regulate immigration. The administration’s appeal of the district court’s decision remains pending before the 1st Circuit.
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is scheduled to be in session from Monday, August 3, through Friday, August 7. The U.S. House is scheduled to be in recess until August 31.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
The Forum is constantly publishing new policy-focused resources that engage with some of the most topical issues around immigration today. Here are a few that are particularly relevant this week:
Bill Summary: Securing Agriculture’s Workforce Act of 2026
Explainer: Final Duration of Status Rule Establishes Limited Periods of Admission for International Students and Journalists
Explainer: 2025 Proposed Rule on Public Charge
Current Status of DACA: Explainer
Temporary Protected Status (TPS): Fact Sheet
*As of publication (7/31/26 at 12:00 PM EST)
This Bulletin is not intended to be comprehensive. Please contact Nicci Mattey, Senior Policy & Advocacy Associate at the Forum, with questions, comments, and suggestions for additional items to be included. Nicci can be reached at nmattey@forumtogether.org. Thank you.