DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
Federal
New H-1B Fee Proposed as DHS Considers Additional Restrictions on High-Skilled Immigration
On August 25, the Department of Homeland Security (DHS) published a proposed rule that would establish a $103,265 fee on all H-1B cap-subject petitions. The fee would not apply to cap-exempt employers, such as institutions of higher education, nonprofit research organizations, and governmental research organizations.
DHS announced the fee would generate approximately $8.8 billion annually to cover the costs of administering the immigration system across federal agencies. Immigration advocates, however, argued the rule would make hiring H-1B workers too expensive for many employers, particularly small and midsize businesses that cannot absorb such a substantial additional cost. The proposal is separate from the $100,000 H-1B payment established by President Trump’s September 2025 proclamation, which was vacated by a federal court in June and remains subject to ongoing litigation.
In addition, DHS has added a proposal to its regulatory agenda that would remove certain H-4 dependent spouses of H-1B workers from the categories of noncitizens eligible to apply for employment authorization. The proposal is still under review, and DHS has not announced a date for publishing a proposed rule.
Finally, DHS submitted a proposed rule concerning “Optional Practical Training Fees” to the White House Office of Information and Regulatory Affairs. Although the full proposal has not yet been published, reports indicate that the administration is considering a fee of approximately $100,000 for OPT.
Because of the uncertainty surrounding options for high-skilled foreign-born workers, many have chosen to move to other countries. Last week, Canadian universities announced that they had recruited 48 academics based in the United States, including researchers from institutions such as Harvard, MIT, Carnegie Mellon, and Berkeley.
Trump Administration Moves to Revoke Visas of Asylum Seekers Who Entered on Tourist Visas
On August 24, the Trump administration announced actions to revoke the visas of foreign citizens who originally entered the U.S. on business and tourist visas (B1 or B2) before applying for asylum. Estimates suggest this may affect up to 200,000 asylum seekers in the United States.
The administration argues that it will close the “loophole to circumvent immigration law” and reduce immigration fraud. Some immigration experts, however, view the policy as an “empty effort” that will have little effect. According to some immigration attorneys, people who have exceeded their authorized stay can no longer use those visas. Opponents also dispute Trump’s claim that asylum fraud is rampant, stating that there is little to suggest this is a widespread problem. While the proposed revocation plan is not yet finalized, the administration’s position is already reflected in applications for B1 and B2 visas, which now require the applicant to affirm they will not apply for asylum.
DOJ Files 50 Denaturalization Cases, the Most in Recent Memory
The Department of Justice (DOJ) filed 50 denaturalization cases in July 2026, the highest monthly number in recent history. This represents a sharp increase from the 18 denaturalization cases filed in June and the eight cases filed in all of 2025. The DOJ said in a statement that since January 20, 2025 it has filed 123 denaturalization complaints, which it described as “the most in recorded history.”
By law, denaturalization can only occur by judicial order from a federal judge. The U.S. government may seek to revoke a naturalized person’s U.S. citizenship through civil proceedings or a criminal conviction for naturalization fraud. However, the government must meet a high burden of proof, including “clear, convincing, and unequivocal evidence which does not leave the issue in doubt” that the individual procured naturalization illegally.
Between 1990 and 2017, the DOJ filed a total of 305 denaturalization cases, an average of eleven per year. Historically, the U.S. government has reserved denaturalization proceedings for individuals who committed egregious crimes, including people who were found to be war criminals and terrorist funders. The most notable of those cases involved Nazi war criminals.
TPS Protections End for Haitians as El Salvador Faces Imminent Expiration
Following the termination of Temporary Protected Status (TPS) for Haiti on July 27, approximately 350,000 Haitian nationals who relied on TPS, have suddenly become subject to immigration enforcement and deportation. In the last month, ICE has increased enforcement against Haitians, including deportation flights to Haiti despite the country’s continuing security and humanitarian crisis. On September 3, the United States deported 101 people to Haiti, marking the third consecutive week of deportation flights and drawing criticism from advocates because some of those deported had previously held TPS and had been legally living and working in the United States.
Meanwhile, TPS protections for approximately 170,000 Salvadorans are scheduled to expire on September 9, 2026. El Salvador has had TPS continuously since 2001, making it the longest-running active designation, and the administration has not announced an extension. USCIS has confirmed that certain employment authorization documents for Salvadoran TPS holders will remain valid only through September 9. The approaching expiration has prompted members of Congress and immigrant advocates to call on the administration to extend the designation, citing the longstanding presence of Salvadoran TPS holders in the United States and concerns about conditions in El Salvador.
DOJ Requires States to Report Undocumented Immigrants or Risk Federal Funding
On September 2, the Department of Justice (DOJ) issued a legal opinion stating that states participating in the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs must report individuals known to be unlawfully present in the United States to the Department of Homeland Security (DHS).
The DOJ warned that states that fail to comply could face the loss of federal funding, potentially putting billions of dollars in TANF and SSI funding at risk. All 50 states, the District of Columbia, and several U.S. territories currently participate in TANF, which receives more than $16.4 billion in annual federal funding. The policy is likely to face legal challenges from states and immigrant advocates, who argue that expanding immigration reporting requirements to state agencies could interfere with the administration of essential public services.
Legal
Federal Judge Blocks Trump Administration’s Latest Birthright Citizenship Order
On September 2, a federal judge in Maryland issued a preliminary injunction blocking the Trump administration from enforcing its August 6 executive order seeking to limit birthright citizenship. The order, issued just one month after the Supreme Court’s decision in Trump v. Barbara, identified several categories of children whose U.S. citizenship the administration sought to deny, including children of parents who are unlawfully or temporarily present in the United States under certain circumstances. The administration argued that the order addressed narrow exceptions to birthright citizenship recognized by the Supreme Court. Judge Deborah Boardman, however, concluded that the new order’s proposed exceptions “bear little to no resemblance” to the narrow exceptions recognized in Supreme Court precedents.
The court found that the 2026 executive order is “almost certainly unconstitutional” as applied to the certified class because the Supreme Court had already determined in Barbara that children born to parents who are unlawfully or temporarily present in the United States are citizens at birth. The court therefore barred federal agencies from enforcing the order against members of the certified class or taking actions to interfere with, deny, or fail to recognize their citizenship. The injunction does not block the administration from issuing public guidance on implementing the order, and the government may seek to modify or dissolve the injunction after that guidance is issued.
Federal Judge Strikes Down 75-Country Immigrant Visa Pause as State Department Pauses Immigrant Processing Worldwide
On August 21, a U.S. District Court of the Southern District of New York struck down a State Department policy that had paused the issuance of immigrant visas to nationals of 75 countries. The policy, which took effect in January 2026, directed consular officers to refuse immigrant visa applicants from the designated countries. The State Department argued that the pause was necessary to identify applicants who were likely to become a “public charge.” The District Court, however, found that the policy was “contrary to law and in excess of” Secretary of State Marco Rubio’s statutory authority.
Separately, the State Department has paused processing of new immigrant visa applications worldwide while it implements updated “public charge” guidance and conducts additional training for consular officers. The pause affects only immigrant visa applicants, but does not apply to nonimmigrant visas or pending adjustment of status applications. The State Department has not provided a timeline for resuming processing, leaving applicants with scheduled interviews facing continued uncertainty.
ICE Agent Charged With Lying About Minnesota Shooting as Questions Grow Over Agency Accountability
Federal prosecutors have charged an Immigration and Customs Enforcement (ICE) agent with allegedly making false statements about a January shooting in Minneapolis during the administration’s immigration enforcement operation. Christian Castro is accused of falsely claiming that Venezuelan national Julio Cesar Sosa-Celis and another man attacked him before Castro shot Sosa-Celis. The case is a rare instance of a federal immigration enforcement officer facing criminal charges for conduct arising from the Trump administration’s immigration crackdown.
The charges come as ICE faces renewed scrutiny over oversight, training, and accountability. This week, ICE said it expects all of its field officers nationwide to be equipped with body-worn cameras by the end of September, after years of delays. However, the agency’s policy gives ICE broad discretion over whether to release footage publicly, allowing disclosure when it determines doing so is in the agency’s “best interests.” Separately, a whistleblower complaint revealed that ICE hired approximately 12,000 officers in less than a year while, in some cases, bypassing or delaying standard background checks, including fingerprinting, identity verification, and credit checks. The complaint has prompted an investigation by the Department of Homeland Security’s inspector general and raised concerns about whether the agency’s rapid expansion has compromised hiring and vetting standards.
BILLS INTRODUCED AND CONSIDERED
No HUD Funding for Sanctuary Cities Act
The bill would render sanctuary jurisdictions ineligible for any grant funds administered by the Secretary of Housing and Urban Development. The bill would also define sanctuary jurisdictions as any state or political subdivision that restricts information exchange regarding immigration status or compliance with DHS detainer requests.
Sponsored by Rep. Troy Downing (R-Montana) (19 cosponsors – 19 Republicans, 0 Democrats)
09/02/2026 Introduced in the House by Rep. Troy Downing
09/02/2026 Referred to the House Committee on Financial Services
No Federal Taxpayer-Funded Housing for Illegal Aliens Act of 2026
The bill would ban the use of federal funds for housing assistance provided to unauthorized immigrants present in the United States.
Sponsored by Rep. Tim Burchett (R-Tennessee) (0 cosponsors)
09/02/2026 Introduced in the House by Rep. Tim Burchett
09/02/2026 Referred to the House Committee on Financial Services
No Shock Act
The bill would prohibit the use of shock gloves by federal law enforcement officers to enforce immigration laws.
Sponsored by Rep. Madeleine Dean (D – Pennsylvania) (1 cosponsor – 1 Democrat, 0 Republicans)
09/02/2026 Introduced in the House by Rep. Madeleine Dean
09/02/2026 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives are both scheduled to be out of session next week, September 7 through September 11.
UPCOMING HEARINGS AND MARKUPS
There are no immigration-related hearings scheduled for the week of September 7.
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:
- Explainer: Trump Administration Issues New Executive Orders Targeting Birthright Citizenship and Birth Tourism
- Glossary of Key Immigration Terms
- Fact Sheet: Temporary Protected Status