Immigration Updates: June 30, 2026

The bulletin goes backwards, jus soli survives while TPS does not: plus dairy memos, metering, and more.

That time of year

The lines for employment-based (EB) green cards are getting longer as demand continues to outstrip supply. This is particularly so for Indians, for whom EB-2 and EB-5 are unavailable for the remainder of FY 2026, with EB-1 moving backwards two months to October 2022. EB-1 China and EB-3 (all categories) moved slightly forward, though EB-2 China and EB-3 Philippines may retrogress or become unavailable in coming months. Family-based categories remain largely unchanged. The bulletin warns that further retrogression is possible until the FY 2027 quota is released in October.

Trump loses

Birthright citizenship remains the law of the land: by a 6-3 vote, with Kavanaugh concurring in part and dissenting in part. See more on the litigation and decision on SCOTUSblog, and see the policy propelling us forward at the World Cup.

In California, A federal judge vacated an ICE directive and an Immigration Court policy memo that enabled ICE to make civil arrests in courthouses, as well an ICE memo permitting officers to detain people in holding facilities for up to 72 hours (for individuals who are not subject to detention but who are otherwise subject to processing, transfer, release, or repatriation). Unlike prior rulings, this order from the Northern District of California has nationwide effect. The related class action litigation will continue, and an appeal of the judge’s order is highly likely.

Trump wins

The administration may now end Temporary Protected Status for Haitians and Syrians following a 6-3 ruling by the Supreme Court, essentially holding that the federal law implementing TPS prevents court review of DHS decisions to end the designations. Expect healthcare professions to be hit particularly hard as very large numbers of individuals employed in the field will in all likelihood lose employment authorization in the coming weeks. It is estimated that over 350,000 Haitians and about 6,000 Syrians will be affected.

Another 6-3 SCOTUS decision, in Mullin v. Al Otro Lado, permitted the administration to resume the practice of “metering,” under which CBP may turn back asylum seekers at the U.S.– Mexico border. The Court held that those standing at the border had not “arrived” at the U.S. such that they may avail themselves of the inspection and asylum processing procedures at ports of entry.

Meanwhile, the D.C. Circuit Court of Appeals essentially permittedthe administration to dramatically expand the use of expedited removal, a fast-track removal process initially limited to areas within 100 miles of a U.S. land border. The practice can now be applied anywhere in the U.S. to an individual unable to prove that they have lived in the U.S. continuously for two years (though the individual may not be notified of their right to assert this exception), at which point an immigration officer (not judge) may order the individual removed, without recourse to appeal and (generally) a five-year bar to reentering the U.S. The order vacates a district court injunction, though the litigation itself remains ongoing.

We note that each of the above policies from the current administration could be limited, reversed, or reinforced by legislation.

Dairies

The H-2A program for temporary agricultural workers requires that employers demonstrate a need for agricultural labor or services of a temporary or seasonal nature. The employers must satisfy recruitment, wage, housing, transportation, and other contract obligations, and must document the temporary nature of the labor need. We now have a USCIS policy memo explaining how dairies (which typically operate year-round) can establish a “temporary or seasonal need”: namely, by tying work to an annual event or pattern that requires significantly greater operational resources (such as a short growing cycle). More on the program generally and its wage requirements here and here.

Matthew Blaisdell, Esq.
Sunset Immigration PLLC
219 36th Street, Ste 511
Brooklyn, NY 11232
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