Federal
Trump Administration Takes Additional Steps to Restrict Employment Opportunities for International Students and High-Skilled Foreign Workers
On October 8, the Department of Homeland Security (DHS) published a proposed rule that would impose a $70,000 fee for an international student’s initial Optional Practical Training (OPT) recommendation and a $30,000 fee for each subsequent recommendation. OPT allows eligible international students on F-1 visas to gain practical work experience related to their field of study, generally for up to 12 months, with an additional 24-month extension available to certain graduates in science, technology, engineering, and mathematics (STEM) fields. Under the proposal, universities would be required to pay the fees but could pass the costs on to students or employers. The proposal is subject to a 30-day public comment period and has not taken effect.
Separately, on October 5, a group of higher education organizations filed a lawsuit challenging the Trump administration’s changes to the Curricular Practical Training (CPT) program for international students. CPT allows eligible F-1 students to participate in internships and other practical training opportunities that are an integral part of their academic curriculum. The lawsuit challenges new guidance issued by U.S. Immigration and Customs Enforcement (ICE) in August 2026 that changed how university officials must interpret requirements for authorizing CPT. The organizations argue that the administration’s actions violate the Administrative Procedure Act because they are arbitrary and capricious, improperly retroactive, and inconsistent with existing law.
In addition, in a press conference on October 8, Vice President JD Vance, Secretary of Labor Keith Sonderling and other officials announced that the Trump administration is suspending eight technology companies from the Program Electronic Review Management (PERM) labor certification process (PERM), which allows employers to sponsor foreign-born workers for employment-based green cards. The administration accused the companies of abusing the program and replacing American workers with foreign employees. As a result, the Department of Labor will stop accepting new applications and processing pending applications from the affected companies. At the press conference, Vance also announced an investigation of nine universities’ use of the J-1 visa program, arguing that misuse of the program reduced wages of American researchers and graduate students. Critics have pushed back on the notion that the use of these programs have undercut wages and reduced job opportunities for Americans, while noting the potential negative impact the government actions could have on U.S. competitiveness.
Reports Reveal Hundreds of American Citizens Detained Amid Immigration Enforcement Surge
Federal immigration agents detained at least 506 U.S. citizens between January 2025 and September 2026, according to an October 6 ProPublica investigation drawing on court records, videos and news reports. Among them were more than 100 Americans whose citizenship agents questioned, nearly all of whom were people of color. More than 300 citizens were detained for allegedly assaulting or obstructing agents, but fewer than half faced federal charges, and many cases were dropped or dismissed. The tally includes brief detentions as well as formal arrests and likely understates the total because the government does not systematically track citizen detentions. DHS defended its operations as “highly targeted” and said people who obstruct agents could face arrest.
The findings come amid judicial scrutiny of ICE’s conduct and renewed pressure to increase arrests. In an October 5 ruling, a Trump-appointed federal judge in New York found that ICE agents illegally arrested two men in the Bronx, including a 19-year-old U.S. citizen, and falsified records to conceal their actions. The judge ordered the agency to explain within three weeks how it would address the misconduct and ensure future operations comply with the law. Subsequently, on October 8, the shooting and wounding of a man in a vehicle with a five-year-old boy during an immigration arrest in New York City drew scrutiny from state and local elected officials.
The shooting occurred amid reports that ICE leadership had recently instructed agents to target 3,000 immigration arrests daily, roughly 1,000 above the recent daily average, and pursue 19,000 arrests weekly. DHS denied imposing formal arrest quotas, with administration officials characterizing the figures as goals rather than requirements.
Government Watchdog Report Calls Out ICE for Wasteful Spending on Detention Projects
The Government Accountability Office (GAO) found that ICE and other federal agencies wasted tens of millions of dollars on detention projects that did not move forward and warned that further losses are likely without stronger oversight. The September 24 report identified $2.85 million spent on unused tents at Guantánamo Bay and $20 million in unrecoverable expenses associated with seven warehouses DHS plans to sell after abandoning their conversion into detention centers. Those warehouses cost $707 million to purchase, which the government would need to recover through sales to avoid additional losses. GAO also criticized detention rates at Florida facilities that were 171 percent higher than ICE’s standard rate. Despite receiving $45 billion from Congress to expand detention capacity, ICE lacks a comprehensive strategy for managing those investments. DHS told investigators it would develop a plan by August 31, 2027.
The findings come as reporting raises additional questions about the administration’s detention infrastructure. On October 8, it was reported that people arrested in New Jersey had been taken to a warehouse in Roxbury, despite a court order barring its conversion into a detention center pending the required environmental review process being completed.
Separately, DHS continued to take steps to expand immigration detention capacity and bring more detention facilities under direct federal control, reaching an agreement announced on October 5 agreed to pay $950 million for three adjacent detention facilities in Adelanto, California, with more than 2,600 beds. The seller, a private contractor, will continue operating the facilities under a contract through December 2034. The purchase comes as GAO criticized ICE for not assessing the long-term affordability of owning detention facilities.
Legal
Trump Administration Moves to Assign Government Lawyers to Migrant Children’s Cases
The Trump administration has created a legal division within the Department of Health and Human Services (HHS) to represent unaccompanied migrant children in immigration proceedings, raising concerns about the independence of their counsel. A September 29 Federal Register notice authorizes the Unaccompanied Alien Children Legal Representation Division to provide legal advice and represent children throughout their cases. HHS says the division will operate independently of other agencies responsible for the children and provide additional legal support while officials work to reunite them safely with their families. Advocates explain that government-employed attorneys would represent children against deportation sought by other administration lawyers, creating potential conflicts of interest. Officials have not specified when the division will become fully operational or whether HHS will continue contracting with independent legal providers.
The move follows the administration’s decision to end its contract with the Acacia Center for Justice, which coordinated representation through roughly 100 legal service providers and managed approximately 24,000 children’s cases. Congressional Democrats have questioned proposed replacement contracts, citing concerns about recipients’ immigration-law experience and political connections. In Florida, providers say funding losses have forced layoffs and left thousands of children without representation. The administration also abandoned an earlier proposal in August to recruit retiring Pentagon lawyers to represent migrant children after concerns arose about their lack of relevant experience. Together, the changes have disrupted access to independent counsel as children face removal proceedings, with advocates reporting that some are appearing in court alone or facing pressure to accept voluntary departure.
Court Tosses DOJ Suit Against In-State Tuition for Noncitizen Students in Virginia
On October 5, a federal judge ruled against the Justice Department’s challenge to Virginia’s in-state tuition policy for undocumented students, granting summary judgment to the state and leaving its tuition-equity provisions intact. The judge rejected the administration’s argument that the policy violates a federal law barring residency-based higher education benefits for undocumented immigrants unless the same benefits are available to U.S. citizens regardless of residence. He found that Virginia’s tuition-equity pathway relies on criteria including high school attendance and income-tax filings, rather than residency. Because some Virginia residents do not qualify while some out-of-state students do, he concluded that those requirements are not a proxy for residence.
The decision marks a setback in the administration’s nationwide campaign against tuition-equity policies. By September, DOJ had filed challenges against 24 states and Washington, D.C., arguing that the policies encourage illegal immigration and disadvantage out-of-state American citizens. Litigation has produced differing outcomes, with a federal judge also dismissing the challenge to Minnesota’s policy while lawsuits have ended access to in-state rates in several other states. Advocates warn that eliminating the policies could make college unaffordable for affected students and reduce enrollment and tuition revenue.
BILLS INTRODUCED AND CONSIDERED
H.R. 10740
To designate Ukraine under section 244 of the Immigration and Nationality Act to provide certain nationals of Ukraine with continued eligibility for temporary protected status, and for other purposes (Senate companion: S.5490)
Sponsored by Rep. William R. Keating (D-Massachusetts) (39 cosponsors)
10/05/2026 Introduced by Rep. Keating
10/05/2026 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House will be in recess until November 9.
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:
Current Status of DACA: Explainer
Reclassifying ‘Applicants for Admission’: How the Second Trump Administration is Reshaping Mandatory Detention
Explainer: Recent Administration Policies Will Undermine the H-1B Visa Program
Fact Sheet: Temporary Protected Status
*As of publication (10/9/26 at 1:00 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.