By: Richard Hanus, Esq.
August 19, 2026
Our government under the current administration has never been more active when it comes to the enforcement of our immigration laws, and often in ways our federal courts have had to intervene with rulings blocking many policies as unconstitutional or illegal. Similarly, in the legal immigration arena and the way applications for visas, green cards and U.S. citizenship are reviewed, this administration has created unprecedented numbers of policy hurdles, leading some to question whether we as a nation are truly interested in welcoming new immigrants.
Recent examples include:
Immigration officers have new powers to deny applications without providing applicants an opportunity to correct or supplement their filing. Whether it’s a U.S. citizen filing paperwork to allow their foreign national spouse to legally reside in the U.S. or a U.S. employer seeking to facilitate work visa issuance to an overseas worker, users of the U.S. immigration system typically face a long and detailed list of documentary requirements. With the issuance of their August 5, 2026 policy memo, U.S. Department of Homeland Security/Citizenship and Immigration Services (US DHS/CIS) has made it easier for its officers to deny cases and without giving the filing parties an opportunity to correct real or perceived documentary shortcomings.
In the past, DHS/CIS officers reviewing applications were encouraged to first give the parties an opportunity to address documentary shortcomings, and before denying the filing. In this regard, immigration officers would issue a “request for evidence” (RFE) or “notice of intent to deny” (NOID), advising of what document may be missing and providing a reasonable period of time to respond. While officers still have authority and will continue to issue RFE’s and NOID’s, the August 5 memo gives US DHS/CIS officers more discretion to deny filings outright and if deemed documentarily insufficient.
There are widespread reports of out of status foreign nationals who are in the process of legalizing their stay in the U.S. being arrested at airports by immigration authorities. According to multiple sources, large numbers of foreign nationals with pending immigration applications are being arrested at airports across the U.S. by U.S. Immigration and Customs Enforcement (ICE). These arrests are taking place even though the arrestees have valid employment authorization documents (EAD) and are in the process of accessing our legal immigration system. The arrests are taking place in the context of domestic air travel, with some of the arrests taking place as pending immigration applicants engage in the pre-boarding process, and others following their flight’s arrival at their destination.
While those arrested may have violated their immigration status at some point, they have largely had clean criminal records, were granted the right to work legally in the U.S. (EAD) and were otherwise in the pipeline for having their applications for residence reviewed by an immigration officer. Those arrested by ICE will have the right to seek release on bond and ultimately have their applications reviewed in removal proceedings but the trauma these individuals and their families are being put through will leave its mark. Yes, these folks are far from being the “worst of the worst” and its quite reasonable to wonder why otherwise law abiding individuals would be put in ICE’s cross hairs while their legitimate efforts to legally remain in the U.S. are pending.
Travel on Advance Parole is getting perilous. In the wake of a recent, game changing Board of Immigration Appeals decision, foreign nationals with pending I-485 Applications for Adjustment of Status (AOS) aka Green Card application, must rethink any plan to travel internationally with an Advance Parole travel document if they have had an immigration status violation in their past. Pending AOS applicants with status violations prior to submitting their applications and traveling internationally face a new forbidding landscape and the possibility of having their Green Card application denied.
Processing of N-400 Applications for Naturalization for Chicago area applicants is at a standstill. If a prospective applicant for naturalization would have asked me a year ago how long it will take for their application to get processed, from filing, interview and then to oath ceremony, I would have told them 3-5 months, maximum. These days unfortunately, Chicago area N-400 applicants are waiting a year or more after filing their N-400 to finally get interviewed. Many observers have concluded that this downgraded prioritization and processing delay, or perhaps even a processing halt, is a deliberate policy decision by this administration to bring fewer foreign nationals into our citizenry. Others in the immigration law community are noticing a trend where immigration officers reviewing N-400 applications are focusing on ways to deny applications and even finding avenues for placing green card holders in removal proceedings. Updates on N-400 processing and other important immigration law developments will continue to be reported on here.
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